123 Smart Pro ("123 Smart Pro", "WE" OR
"US") Online Application Terms of Use
THE TERMS AND CONDITIONS SET
FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD
WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND 123 Smart Pro AND
GOVERN YOUR ACCESS TO, AND USE OF, THE 123 Smart Pro SERVICE LOCATED AT
www.123SmartPro.com
and any sub-domains. TOGETHER WITH=
THE
SERVICES AVAILABLE THROUGH THIS SITE (THE "SITE"). IF YOU DO NOT
AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR
ANY
INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE
YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. 123 Smart Pro
MAY
MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME.
123
Smart Pro CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON
THIS SITE AND/OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF
ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF
YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE
ACCEPTED THE CHANGE.
General Use Restrictions.
123 Smart Pro provides content and services through this Site. Certain
information, documents, products and services provided on and through this
Site, including content, logos, graphics and images (together, the
"Materials") that are not Submissions (as defined below) are provided
to you by 123 Smart Pro and are the copyrighted and/or trademarked work of
123
Smart Pro or 123 Smart Pro's contributors.
123 Smart Pro
grants you a limited, personal, non-exclusive and
non-transferable license to use the services, this Site solely for your own
personal or internal business use. Except for the license set forth in the
preceding sentence above, you acknowledge and agree that you have no right
to
modify, edit, copy, reproduce, create derivative works of, reverse engineer,
alter, enhance or in any way exploit any of the Materials in any manner. This
limited license terminates automatically, without notice to you, if you breach
any of these Terms. Upon termination of this limited license, you agree to
immediately destroy any downloaded or printed Materials. Except as stated
herein, you acknowledge that you have no right, title or interest in or to
this
Site, any Materials.
Password Restricted Areas of this Site.
You may to register for a password to login to this Site and to use
certain
functions and areas within this Site. You are responsible for maintaining the
confidentiality of your password and account and agree to notify 123 Smart
Pro
if your password is lost, stolen, or disclosed to an unauthorized third party,
or otherwise may have been compromised. You are responsible for all activities
that occur under your account. You agree to immediately notify 123 Smart Pro of
any unauthorized use of your account or any other breach of security in
relation to this Site known to you.
Privacy Policy.
Your use of this Site is governed by the 123 Smart Pro’s Privacy Policy
which is available here.
Third Party Content.
Certain information and other content that are not Submissions may be
provided by third party licensors and suppliers to 123 Smart Pro ("Third
Party Content"). The Third Party Content is
, in
each case, the copyrighted and/or trademarked work of the creator/licensor.
You
agree to only display the Third Party Content on
your
personal computer solely for your personal use. You acknowledge and agree that
you have no right to download, cache, reproduce, modify, display (except asset
forth in this paragraph), edit, alter or enhance any of the Third Party Content
in any manner unless you have permission from the owner of the Third Party
Content. 123 Smart Pro DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES
AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED
TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
Links to Third Party Sites.
This Site may be linked to other sites that are not 123 Smart Pro sites.
123 Smart Pro is providing these links to you only as a convenience, and 123
Smart Pro is not responsible for such linked sites, including, without
limitation, the content or links displayed on such sites.
=
Submissions.
You acknowledge that you are responsible for the information, documents,
messages, comments, photos, videos, graphics, sounds and other content or
material that you submit, upload, post or otherwise make available on or
through the Site (each a "Submission") through the services available
in connection with this Site, and that you, and not 123 Smart Pro, have full
responsibility for each such Submission you make, including its legality,
reliability, appropriateness, and trademark and copyright ownership. Unless
otherwise explicitly stated herein or in the 123 Smart Pro Privacy Policy,
you
agree that (a) any Submission that is a document provided by you in connection
with this Site is provided pursuant to the specific Creative Commons License
that you select when you upload or post your Submission and (b) any Submission
that is not a document provided by you in connection with this Site is provided
on a non-proprietary and non-confidential basis and you agree that 123 Smart
Pro is free to use such Submission for the purpose of providing you with the
associated services and you grant 123 Smart Pro a sub-licensable, nonexclusive,
worldwide, royalty-free license to (in any media, whether now known or not
currently known or invented) link to, utilize, use, publicly perform, publicly
display, reproduce, distribute, modify and prepare derivative works of the
Submission.
You further agree
that you will not upload, post or otherwise make available on this Site any
material protected by copyright, trade secret, trademark, or any other
proprietary right without the express permission of the owner of such
copyright, trademark, trade secret or other proprietary right owned by a third
party, and the burden of determining whether any material is protected by any
such right is on you. You shall be solely liable for any damage resulting from
any infringement of copyrights, trademarks, proprietary rights, or any other
harm resulting from any Submission that you make.
You represent a=
nd
warrant that: (i) you own all Submissions posted by
you on or through this Site or otherwise have the right to grant the licenses
to 123 Smart Pro set forth in this section, and (ii) the posting of your
Submissions on or through this Site does not violate the privacy rights,
publicity rights, trademark rights, copyrights, contract rights or any other
rights of any person or entity. You agree to pay for all royalties, fees,
damages and any other monies owing any person by reason of any Submissions
posted by you to or through this Site.
When submitting
Submissions to or otherwise using this Site and/or the services, you agree
not
to, without limitation:
* Defame, abuse,
harass, stalk, threaten, or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
* Use racially, ethnically, or otherwise offensive language.
* Discuss or incite illegal activity.
* Use explicit/obscene language or solicit/post sexually explicit images
(actual or simulated).
* Post anything that exploits children or minors or that depicts cruelty to
animals.
* Post any copyrighted or trademarked materials without the express permission
from the owner.
* Disseminate any unsolicited or unauthorized advertising, promotional
materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any
other form of such solicitation.
* Use any robot, spider, scraper or other automated means to access the Site,
except for accessing RSS feeds.
* Take any action that imposes an unreasonable or disproportionately large
load
on our infrastructure.
* Artificially inflate or alter the ratings available on this Site or alter
any
comments posted by others on this Site.
This list of
prohibitions provides examples and is not complete or exclusive. 123 Smart
Pro
reserves the right to (a) terminate your access to your account, your ability
to post to this Site (or the services) and (b) refuse, delete or remove any
Submissions; with or without cause and with or without notice, for any reason
or no reason, or for any action that 123 Smart Pro determines is inappropriate
or disruptive to this Site or to any other user of this Site and/or services. 123
Smart Pro may report to law enforcement authorities any actions that may be
illegal, and any reports it receives of such conduct. When legally required
or
at 123 Smart Pro's discretion, 123 Smart Pro will cooperate with law
enforcement agencies in any investigation of alleged illegal activity on this
Site or on the Internet.
These prohibitions
do not require 123 Smart Pro to monitor, police or remove any Submissions or
other information submitted by you or any other user.
Unauthorized Activities.
Submissions and unauthorized use of any Materials or
Third
Party
Content contained on this Site or Sub-sites may violate certain
laws and regulations. You agree to indemnify and hold 123 Smart Pro and its
officers, directors, employees, affiliates, agents, licensors, and business
partners harmless from and against any and all costs, damages, liabilities,
and
expenses (including attorneys' fees and costs of defence) 123 Smart Pro or
any
other indemnified party suffers in relation to, arising from, or for the
purpose of avoiding, any claim or demand from a third party that your use of
this Site or the use of this Site by any person using your user name and/or
password (including without limitation, your participation in the posting areas
or, your Submissions) violates any applicable law or regulation, or the
copyrights, trademark rights or other rights of any third party.
Proprietary Rights.
123 Smart Pro is a trademark of 123 Smart Pro in the United Kingdom.
Other trademarks, names and logos on this Site are the property of their
respective owners.
Unless otherwise
specified in these Terms, all information and screens appearing on this Site,
including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, =
is the
sole property of 123 Smart Pro, Copyright © 2019 123 Smart Pro. All suggestions
made by you and which are subsequently added as a feature to the 123 Smart
Pro
range of solutions remain the sole property of 123 Smart Pro. All rights not
expressly granted herein are reserved. Except as otherwise required or limited
by applicable law, any reproduction, distribution, modification,
retransmission, or publication of any copyrighted material is strictly
prohibited without the express written consent of the copyright owner or
license.
Copyright and Trademark Infringements.
Notification:
123 Smart Pro respects the intellectual property rights of others, and
we ask you to do the same. 123 Smart Pro may, in appropriate circumstances
and
at our discretion, terminate service and/or access to this Site for users who
infringe the intellectual property rights of others. If you believe that your
work is the subject of copyright infringement and/or trademark infringement
and
appears on our Site, please provide 123 Smart Pro's designated agent the
following information:
A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Identification
of
the copyrighted and/or trademarked work claimed to have been infringed, or,
if
multiple works at a single online site are covered by a single notification
, a
representative list of such works at that site.
Identification =
of
the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled at the Site, and information reasonably sufficient to permit 123 Smart
Pro to locate the material.
Information
reasonably sufficient to permit 123 Smart Pro to contact you as the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which you may be contacted.
A statement that
you have a good faith belief that use of the material in the manner complained
of is not authorized by the copyright and/or trademark owner, its agent, or
the
law.
A statement that
the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
123 Smart Pro's
agent for notice of claims of copyright or trademark infringement on this Site
can be reached as follows:
By mail:
123 Smart Pro
City Gate
25-29 Clements Road, Ilford, IG1 1BH
By e-mail:
info@123SmartPro.com
Please also note
that for copyright infringements under Section 512(f) of the Copyright Act,
any
person who knowingly materially misrepresents that material or activity is
infringing may be subject to liability.
Disclaimer of Warranties.
YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. NEITHER
THE MATERIALS, SUBMISSIONS NOR THE THIRD PARTY CONTENT
HAVE BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY 123 Smart Pro, AND
THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. 123 Smart Pro
DOES NOT WARRANT THE ACCURACY OF TIMELINESS OF THE MATERIALS, SUBMISSIONS OR
THE THIRD PARTY CONTENT CONTAINED ON THIS SITE.
123
Smart Pro HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS,
SUBMISSIONS AND/OR THE THIRD PARTY CONTENT, WHETHER
PROVIDED BY 123 Smart Pro OR OUR LICENSORS. THIS SITE AND 123 Smart Pro DO
NOT
PROVIDE LEGAL ADVICE. THE MATERIALS, SUBMISSIONS AND THE
THIRD
PARTY
CONTENT ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE
MATERIALS, SUBMISSIONS AND THIRD PARTY CONTENT ARE NOT
INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE.
ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY OR APPROPRIATE PROFESSIONAL
WITH
ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL OR FINANCIAL ISSUE.=
123 Smart Pro D=
OES
NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, SUBMISSIONS, THIRD
PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS
SITE
OR SUB-SITES AND DOMAINS OWNED BY 123 Smart Pro.
123 Smart Pro, =
FOR
ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY
REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE
SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR
MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION
THE
MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS
SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT,
SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS
SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND
"WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. 123 Smart Pro DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES,
SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
123 Smart Pro SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM
YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT
OR
SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL 123 Smart Pro BE LIABLE
TO
YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR
OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF 123 Smart Pro KNOWS THERE IS
A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control.
123 Smart Pro controls and operates this Site from its headquarters
in
the United Kingdom and the Materials, Submissions and/or
Third
Party
Content may not be appropriate or available for use in other
locations. If you use this Site outside the United Kingdom, you are responsible
for following applicable local laws.
General.
If you violate these Terms, 123 Smart Pro may terminate and/or suspend
your access to this Site without notice. 123 Smart Pro prefers to advise you of
your inappropriate behaviour and to recommend any necessary corrective action.
However, certain violations of these Terms, as determined by 123 Smart Pro,
may
result in immediate termination of your access to this Site. If 123 Smart Pro
terminates your access to the Site, 123 Smart Pro may delete your user profile
but will not be obligated to delete any Submissions that you have provided
in
connection with the Site. 123 Smart Pro has the right to terminate any
password-restricted account for any reason. The United Kingdom, without regard
to the choice or conflicts of law provisions, will govern these Terms. Any
disputes relating to these Terms or this Site will be heard in the courts
located in the UK. If any of these Terms is found to be inconsistent with
applicable law, then such term shall be interpreted to reflect the intentions
of the parties, and no other terms will be modified. 123 Smart Pro's failure to
enforce any of these Terms is not a waiver of such term. These Terms are the
entire agreement between you and 123 Smart Pro and supersede all prior or
contemporaneous negotiations, discussions or
agreements between you and 123 Smart Pro about this Site. The proprietary
rights, disclaimer of warranties, representations made by you, indemnities,
limitations of liability and general provisions shall survive any termination
of these Terms.
123 Smart Pro