Welcome to smakagency.com (hereinafter referred to as the “Website”). These Terms and Conditions (hereinafter referred to as the “Terms”) govern your access to and use of the Website provided by SMAK! Agency (hereinafter referred to as the “Company”). Please read these Terms carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Website.
1. Intellectual Property
1.1 All content and materials appearing on the Website, including but not limited to text, graphics, logos, images, videos, and software, are the property of the Company or its licensors and are protected by intellectual property laws.
1.2 You may not reproduce, modify, distribute, publish, transmit, display, perform, or exploit any content from the Website without the prior written consent of the Company.
2. User Obligations
2.1 By using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
2.2 You agree to comply with all applicable laws and regulations while using the Website.
2.3 You are responsible for maintaining the confidentiality of your account credentials, and you are solely responsible for all activities that occur under your account.
3. Prohibited Activities
3.1 In connection with your use of the Website, you agree not to:
a) Use the Website for any unlawful or fraudulent purpose;
b) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
c) Interfere with or disrupt the Website or servers or networks connected to the Website;
d) Collect or store personal data about other users without their explicit consent;
e) Engage in any automated use of the Website or any data extraction, scraping, or other data mining or similar methods.
4. Third-Party Links
4.1 The Website may contain links to third-party websites or resources. These links are provided for your convenience and do not imply any endorsement by the Company.
4.2 The Company has no control over the content, practices, or policies of any third-party websites or resources and shall not be held responsible or liable for any damages, losses, or liabilities arising from your access to or use of such websites or resources.
5. Disclaimer of Warranties
5.1 The Website is provided on an “as is” and “as available” basis. The Company makes no warranties or representations, whether express or implied, regarding the Website, including but not limited to the accuracy or completeness of any content, materials, or information provided through the Website.
5.2 The Company disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
6. Limitation of Liability
6.1 To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of your access to or use of the Website or any content or materials derived from the Website.
6.2 The total liability of the Company, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the amount paid by you, if any, for accessing or using the Website.
7.1 You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including legal fees, arising out of or in any way connected with your access to or use of the Website, your violation of these Terms, or your infringement of any rights of any other person or entity.
8. Governing Law and Jurisdiction
8.1 These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction].
8.2 Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
9.1 The Company may revise these Terms from time to time without notice. By continuing to access or use the Website after any such revisions, you agree to be bound by the revised Terms.
10. Entire Agreement
10.1 These Terms constitute the entire agreement between you and the Company regarding your access to and use of the Website and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written.
If you have any questions or concerns regarding these Terms and Conditions, please contact us at email@example.com.
Effective Date: June 11, 2021