1. In general
These Terms of Service govern the use of the website www.SmartGamesLive.com and all of its sub-sites (hereafter “Website”), as well as any other related services provided by SMARTGAMESLIVE Inc. in collaboration with SMART n.v., with registered offices at Neerveld 14, B-2550 Kontich, Belgium (hereafter “SMART” or “We”).
The term “Service” used hereafter refers to the whole of visiting and/or using the Website (including but not limited to the games featured on the Website), as well as any other related services provided.
By using the Service, you acknowledge that you have read and accepted these Terms of Service (hereafter “Terms”).
SMART may, at its sole discretion, modify and revise the present Terms at any time. The modified or revised Terms become applicable the moment they are published on the Website. You can review the most current version of the Terms at any time via http://www.SmartGamesLive.com/terms-service.
3. Content and availability of the Service
The aim of the Service is politically and religiously neutral, and SMART tries to avoid any discrimination in its broadest sense.
Information posted on or added to the Service by SMART itself, is the result of profound research and analysis. Nonetheless, the information is supplied without any guarantee of completeness, accuracy and/or actuality.
In no event, SMART accepts any responsibility for content posted on or added to the Service, by users or other third parties, and that you may be exposed to, that violates the present Terms. Content posted or added by third parties does not correspond with and/or does not represent SMART’s vision or opinion.
The Service may contain or refer to hyperlinks to other websites or webpages of third parties. SMART has no control over the content or other characteristics of those websites or webpages, and SMART cannot be held responsible/liable for the content or characteristics of those websites or webpages. Even if SMART itself adds a hyperlink to another website or webpage, this does not mean that SMART agrees with the content of that site or page.
You understand and accept that SMART uses third party services and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. Use of the Service
Only (adults and) children aged 14 years or older are allowed to use the Service without supervision.
Children aged less than 14 years old who want to use the Service, need to be supervised by at least one of their parents. SMART is not liable if children aged less than 14 years old use the Service without the required parental control.
Use of the Service is at your own risk. The Service is provided on an “as is” and “as available” basis.
As a user, you understand and agree that:
- You are not allowed to collect and/or use usernames, passwords, Email addresses or other personal data (including pictures) of users for any purpose;
- You are not allowed to use “metatags”;
- You are not allowed to use the Service for unauthorized publicity, including via spam, chain letters or unwanted Emails;
- You are not allowed to use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Service, except with our express and prior written consent as noted below. You may not frame or utilize framing techniques to any part of the Service without express written consent;
- You are not allowed to copy, duplicate, reproduce, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express and prior written permission of SMART;
- You are not allowed to upload or post spam messages;
- You are not allowed to upload, post or transmit any worms, viruses or any code of a destructive nature;
- You are not allowed to modify, adapt or hack the Service or modify any third party website to falsely imply that it is associated with the Service provided by SMART;
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and/or software laws).
- You are not allowed to use the Service for commercial purposes; only private use of the Service is allowed.
We may, but we have no obligation to, remove, without prior notice or justification, content, and accounts containing content, that we determine in our sole discretion as unlawful, offensive, threatening, pornographic, obscene or otherwise objectionable, or content that violates in another way the present Terms.
You are allowed to create a “hyperlink” on your own website to the homepage of our Website. In case you want to create a “deep link” to specific content on our Website, you need to get our express and prior written consent.
SMART reserves the right to modify or discontinue, temporarily or permanently, the Service or any part thereof (including but not limited to the games featured on the Website) with or without notice at any time.
5. Member subscription and account terms
Only physical persons are allowed to create a membership account. Accounts registered by “bots” or other automated methods are not permitted.
You must at least provide a username, a valid e-mail address, a password, your age and your home country in order to complete the membership sign up process and create a membership account. Children aged 14 years or younger will also be required to provide a valid e-mail address of one of their parents in order to be able to create a member account. You have to keep your account up to date. Every modification of your contact information has to be immediately communicated to SMART.
A login may only be used by one single person. A login shared by multiple people is not permitted. One person may not maintain more than one account.
You are solely responsible for all activity and/or information that occurs or has been exchanged under your membership account.
You are solely responsible for maintaining the security of your membership account and password. You will promptly inform SMART of any established unauthorized use of your membership account or any other security problem. You will log out of your account at the end of every session.
SMART cannot and will not be liable for any loss or damage as a result of your failure to comply with this security obligation.
SMART offers you the possibility to purchase a subscription through which you are provided with a temporarily access to extra advantages connected to the Service (hereafter “Subscription”).
If this is not the case, you shall have to purchase a Subscription to be able to use the extra advantages connected thereto. In order to introduce you to these advantages you shall be provided with a 24-hours free access to the Subscription after creation of your membership account. If you wish to continue to use the Subscription after the aforementioned period of 24 hours, you will have to purchase a certain Subscription formula.
The various Subscription formulas and the pricing information of these Subscription formulas can be consulted via ….
The purchase of a Subscription is completed when you receive a confirmation mail from SMART. You have the choice between the following paying methods:
Within 14 days from activation of any Subscription, you have the right to inform SMART of your wish to cancel the purchase of that Subscription without giving reasons and without payment of any compensation. You will receive a full refund of the purchased Subscription within 30 days. After this period of 14 days the Subscription can only be cancelled according to the provisions of clause 7 of these Terms.
The purchase of a Subscription can only be made by an adult (18 years or older). Minors who are aged 14 years or younger and wish to purchase a Subscription have to obtain the explicit and foregoing approval of one of their parents (who exercises the parental authority). SMART is not responsible if minors, who are aged 14 years or younger, purchase a Subscription without the necessary parental approval.
The Subscription cannot be prolonged tacitly.
You can cancel your membership account at all time. You are solely responsible for properly cancelling your membership account. An e-mail or request by phone or fax to cancel your account is not considered as a proper cancellation. You can cancel your account at any time by accessing the appropriate section on the Website.
You can cancel a Subscription at all time by informing SMART of your request to cancel the Subscription, without any costs besides the eventual costs which are related to the transfer of your request. The cancellation of your Subscription shall come into force on the due date of the Subscription.
We may, but we have no obligation to cancel, without prior notice or justification, any membership account and/or Subscription if you commit a severe default. Among others, such default can exist in any unlawful use of the Service, any incorrect, imprecise, non-actual or incomplete delivery of information or any use that violates in another way the present Terms or can be considered as offensive, threatening, pornographic, obscene or otherwise objectionable. Such cancellation of your membership account and/or Subscription has the same consequences as the cancellation of your membership account and/or Subscription by you, without prejudice to SMART to demand compensation for the damage suffered by this default.
You shall be notified of the cancelling of your membership account and/or Subscription by e-mail (at the latest provided e-mail address).
8. Copyright and other intellectual property rights
The games featured on the Website (including the games available for download as smartphone “apps”), including all texts, drawings, photographs, films, images, data, databases, software (including source code), names, trademarks, logo’s and/or other elements used in - or related to - those games, are protected by intellectual property rights (including but not limited to copyright protection, software protection and database protection) and belong to SMART and/or its affiliates (including but not limited to SMARTGAMESLIVE Inc., company under US law).
In general, all texts, drawings, photographs, films, images, data, databases, software, names, trademarks, logo’s and other elements of the Service are protected by intellectual property rights and belong to SMART or third parties.
All databases of the Website are subject to the legal protection of databases, both on their structure as on their content.
SMART, its logo’s, graphics, button icons, scripts, and service names are trademarks or trade dress. They may not be used in connection with any product or service that is not SMART’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits SMART. All other trademarks not owned by SMART that appear or might appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SMART.
It is strictly prohibited to save, reproduce, modify, publish, distribute, transmit or sell information and content (including but not limited to the featured games) provided on or through the Website, without prior written consent of SMART. In any case it is strictly forbidden to transfer (or grant a third party certain rights to) that information or content, in a way that infringes the related intellectual property rights of SMART or any other third party.
9. Limitation of Liability
You understand and agree that SMART cannot and will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SMART has been advised of the possibility of such damages) resulting from:
- Malfunctions, interruptions or errors in the electronic delivery of services or information through the Website;
- Viruses that may, despite the precautions taken, occur on the Website;
- An error and/or negligence committed by employees and/or subcontractors of SMART, or fraudulent falsification of data by third parties, due to unauthorized intrusion into the Website;
- Statements or conduct of any third party on the Website;
- The inability to use the Service;
- Unauthorized access to or alteration of your transmissions or data;
10. Modification of the Terms
SMART may, at its sole discretion, modify and revise the present Terms at any time. The modified or revised Terms become applicable at the moment they are published on the Website. Each registered member shall be notified by e-mail of the sort of the modification or revision.
With regards to the members, who have subscribed themselves after the modification or revision were published on the Website, these modifications or revisions shall become applicable with immediate effect. The continued use of the Service after notification of the modified or revised Terms shall be deemed as your approval with the relevant modifications or revisions.
If you have obtained a Subscription, you can find yourself in the situation that your Subscription has not reached its end date at the time that the modifications or revisions of the Terms were published on the Website. In such a case you can demand that the Terms, which were applicable at the time of activation of your Subscription, will remain in force until your Subscription has reached its end date.
You can review the most current version of the Terms at any time via http://www.SmartGamesLive.com/terms-service.
If you want to participate in certain contests, you will be notified by us of any eventual specific and/or general rules and/or limitations which apply to such contest. By participating in such contests, you agree with the rules of that contest, which can be consulted via this website.
12. Other terms
The failure of SMART to exercise or enforce any right or provision of the present Terms shall not constitute a waiver of such right or provision.
SMART may transfer its rights and obligations arising from agreement to third parties. In such case, SMART shall notify you in writing.
In case that one or more aspects of the present Terms, in whole or in part, are or seem to be unenforceable, this does not affect the validity and enforceability of the remaining provisions.
In case of a conflict between the present Terms and potential special conditions for certain services provided through the Service, those special conditions shall prevail.
In case of a conflict between the present Terms and any compulsory clause of the laws of your country of origin, you will refrain from any action which is contrary to the compulsory clauses in question. You will safeguard SMART from any liability on this matter.
13. Applicable law and competent court
The present Terms are governed by Belgian Law.
Parties agree that, in case of any dispute related to the Service (including but not limited to the present Terms), only the courts of Antwerp are competent.
These Terms were last modified on 19 June 2013.