Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Term of Use agreement (the "Agreement") specifies the Terms and Conditions for access to and use of www.smartd2playrooms.com (the "Site"). These Terms are subject to change at any time without prior written notice by Smart D2 Playrooms LLC (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
3. Ownership. All content included on this Site is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This website is intended for to be used by persons over the age of 13 years old. This website is not intended for any children under the age of 13.
5. Trademarks. You acknowledge we have exclusive rights in Smart D2 Playrooms trademark and service mark. Trademarks, service marks, logos and copyrighted works appearing on this Site are the property of the Company or the party that provided such intellectual property to us. We and any party that provides intellectual property that is on our Site retain all rights with respect to any of our respective intellectual property appearing on this Site, and no rights in such materials are transferred or assigned to you.
6. Site Use. We grant you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this website is at our discretion and we may terminate your use of this website at any time.
7. Compliance with Laws. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend and hold the Company and our members, managers, owners, directors, officers, employees, independent contractors, representatives, agents, affiliates, and the members, managers, owners, directors, officers, employees, independent contractors, representatives and agents of our affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. the Company, and our members, managers, owners, directors, officers, employees, independent contractors, representatives, agents, affiliates, and the members, managers, owners, directors, officers, employees, independent contractors, representatives and agents of our affiliates, DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL the Company, OR our members, managers, owners, directors, officers, employees, independent contractors, representatives, agents, affiliates, and the members, managers, owners, directors, officers, employees, independent contractors, representatives and agents of our affiliates, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to us:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We can be reached as follows: (i) email to firstname.lastname@example.org; (ii) overnight courier, or registered or certified mail to Smart D2 Playrooms LLC, c/o P.O. Box 67, Rye, NY 10580.
13. Applicable Law. You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and the Company or our affiliates.
14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
16. Termination. The Company may terminate this Agreement at any time, with or without notice, for any reason.
17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
19. Contact Information.
Smart D2 Playrooms LLC, c/o P.O. Box 67, Rye, NY 10580, email@example.com.
[THIS WEBSITE TERMS AND CONDITIONS OF USE POLICY WAS LAST UPDATED JUNE 16, 2020]