Welcome! These are the terms of service (the "Terms") that govern your access to and use of SmartBuckle ("we" or "us" or "our") websites and services (the "Services"), please carefully read these terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.

The Services are not intended for use if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). Your continued use of the Services after such time will constitute your acceptance of such changes or modifications. We may also remove any content from our Services at our discretion.

Changes to the Terms of Use
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the SmartBuckle website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Your Rights To Use Our Services
The Services are for your own use only. You may not reproduce, copy, deconstruct, trade, resell, lease or provide them in any other way to anyone else, nor permit any third party to use, except as expressly permitted through the Application.

The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by SmartBuckle. SmartBuckle reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, SmartBuckle grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by SmartBuckle at any time.

You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

Account Security
You agree to provide accurate, current and complete information as may be prompted by any registration forms on the Services ("Registration Data"). You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You agree to maintain and promptly update the Registration Data, and any other information you provide to SmartBuckle. You are responsible for any activity using your account, accept all risks of unauthorized access to the Registration Data and any other information you provide to SmartBuckle. You are responsible for all activity on your SmartBuckle account, and for all charges incurred by your SmartBuckle account. You should immediately notify SmartBuckle of any unauthorized use of your account.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

How we collect and use your information is explained in our Privacy Policy.

Your Content & Your Privacy
By using our Services you provide us with information, files, images, links and folders that you submit to SmartBuckle (together, "your content"). You retain full ownership to your stuff. We do not claim any ownership to any of it. These Terms do not grant us any rights to your content or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask like hosting your files, or sharing them at your direction. This includes product features visible to you, and use to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example credit card processing, or partners which provides our storage space only to provide the Services.

Except from exclusions in the Privacy Policy, no matter how the Services change, we won't share your content with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that SmartBuckle has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Sharing Your Content
The Services provide features that allow you to share your stuff with others or to make it public. Please consider carefully what you choose to share or make public. SmartBuckle has no responsibility for that activity.

Your Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not SmartBuckle, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

Your User Content is your responsibility.

You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. SmartBuckle will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason.

If you authorize third parties to access your User Content through the Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

Use of the Services
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

  • Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use.
  • Viruses, corrupted data or other harmful, disruptive or destructive files.
  • Content that, in the sole judgment of SmartBuckle, is objectionable or or which may expose SmartBuckle or its affiliates or its users to any harm or liability of any type.


Any portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.

No Responsibility for Third-Party Material
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information, including Add-ons, payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use links to Third-Party Sites and any Third-Party Content or service provided there, at your own risk.


Advertisements and Promotions
SmartBuckle may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than SmartBuckle, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SmartBuckle is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.


SmartBuckle is Available "AS-IS"
THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SmartBuckle will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. While SmartBuckle attempts to make your access to and use of the Services safe, SmartBuckle does not represent or warrant that Site, the Content, the Add-ons or the Services are accurate, complete, reliable, current or error-free or are free of viruses or other harmful components. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.


Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

In no event shall the aggregate liability of SmartBuckle, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Content, the Add-ons or the Services exceed any compensation paid by you for access to or use of the Site, the Content, the Add-ons or the Services, as the case may be, during the three months prior to the date of any claim.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify and hold harmless SmartBuckle, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of SmartBuckle's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from SmartBuckle.

Trial Period
If you registered for trial use of the Services, you must decide to purchase the paid subscription within ten (10) days of the trial period ending or SmartBuckle reserves the right to deactivate your account. A deactivated account can be deleted by SmartBuckle and all the content deleted as well.


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