PLEASE READ THESE TERMS CAREFULLY BEFORE LINKING TO SMILART WEBSITES.
This Web site (the “Site») is provided by the Smilart UG (i. G.) business component of Smilart LLC, also abbreviated and referenced as an “OOO” company (collectively «Smilart») and may be used by You only for the purposes set forth in this Agreement. By executing this Linking Agreement, You agree to abide by the terms and conditions set forth in this Agreement.
Terms & Conditions for Linking to Smilart Websites
Subject to the terms and conditions set forth in this Agreement, Smilart grants You a non-exclusive, non-transferable, limited right to link to and/or access, use and display the Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Smilart authorizes You to link and download the information («Materials») at the Site for Your commercial use in promoting the sale and use of Smilart products and services. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) You must retain, on all copies of the Materials downloaded, all copyright, trademark and other proprietary notices contained in the Materials; 2) You may not use the Materials in any manner that is pornographic, defamatory, disparaging of Smilart products or services, threatening, obscene, harassing, or otherwise unlawful; 3) You may not modify the Materials in any way; and 4) You must not transfer the Materials to any other person unless You give such person notice of, and that person agrees to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in Your use of the Site and the Materials and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Smilart does not grant any express or implied right to You under any patents, trademarks, copyrights or trade secret information.
Linking to the Site
If You link to the Site, You agree to do so only through the Site itself (or such other site to which You may be directed by Smilart) and not through any subsidiary site or sub-page of the Site or such subsidiary site. You agree that You will not display any material on Your Web site that is pornographic, defamatory, disparaging of Smilart products or services threatening, obscene, harassing or otherwise unlawful. Nor will You claim or imply any endorsement by Smilart of You or Your business by virtue of Your link to the Site.
If You use Materials from the Site, You agree that You are responsible for keeping such information up to date, and Smilart shall have no obligation to notify You or otherwise advise You of any changes, corrections, additions, deletions or substitutions it may make to the Site and/or the Materials.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SMILART DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SMILART RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SMILART MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE DESCRIBED ON THE SITE, ARE PROVIDED «AS IS» WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE SITE, MATERIALS OR SOFTWARE MADE AVAILABLE AT THE SITE ARE FREE FROM ANY VIRUSES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
As a convenience to You, Smilart may provide, on the Site, links to Web sites operated by other entities. If You use these sites, You will leave the Site. If You decide to visit any linked site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. Smilart makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links to the Site do not imply that Smilart or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Smilart or any of its affiliates or subsidiaries.
Information Provided By You
Smilart does not want You to, and You must not, send any confidential or proprietary information to Smilart via the Site. You agree that any information or materials that You or individuals acting on Your behalf provide to Smilart will not be considered confidential or proprietary. By providing any such information or materials to Smilart, You grant to Smilart an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and You further agree that Smilart is free to use any ideas, concepts or know-how that You or individuals acting on Your behalf provide to Smilart. You further recognize that Smilart does not want You to, and You warrant that You shall not, provide any information or materials to Smilart that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the confidential or proprietary material of another.
Limitation of Damages
IN NO EVENT SHALL SMILART OR ANY OF ITS AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF SMILART IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination, Changes and Suspension
Smilart reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
Smilart also reserves the right to terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, or Your access to the Site at any time. Smilart may also impose limits on certain features and services or restrict Your access to parts or all of the Site without notice or liability. Smilart may terminate the authorization, rights and license given above at any time without cause. In the event of such termination, You shall immediately remove the link to the Site, cease using the Materials and destroy all Materials in Your possession.
International Users and Choice of Law
This Site is controlled, operated and administered by Smilart from its offices within Germany. Smilart makes no representation that materials at the Site are appropriate or available for use at other locations outside of Germany and access to them from territories where their contents are illegal is prohibited. You may not link to or use the Site or export the Materials in violation of German export laws and regulations. If You access the Site from a location outside of Germany, You are responsible for compliance with all local laws. This Agreement shall be governed by the laws of Germany, without giving effect to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal courts located within the Stuttgart, Germany for any disputes arising from or related to the Site or this Agreement.
You agree that there shall be no requirement to translate any of the Site, or the Materials or any portion thereof or content thereon, into any other language than the one in which they appear, and that all contractual and transactional communications shall be in the English language, and that there shall be no requirement to translate any communication into any other language.
Entire Agreement & Enforcement
This Agreement constitutes the entire agreement between Smilart and You with respect to Your use of the Site. This Agreement is not intended to alter the terms or conditions of any other agreement you may have with Smilart, its Affiliates, Service Providers or Business Partners to the extent that those agreements govern issues other than your use of the Site, nor any agreements that they may have with one another. Any cause of action You may have with respect to Your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.