Latest Revision: May 20, 2022
As part of this continuing innovation, you acknowledge and agree that SmartPoint may stop (permanently or temporarily) providing the Sites or Services (or any features within the Sites or Services) to you or to users generally at SmartPoint’s sole and absolute discretion, without prior notice to you or anyone. You may stop using the Sites and Services at any time. You do not need to specifically inform SmartPoint when you stop using the Sites or Services.
You acknowledge and agree that if SmartPoint disables access to SmartPoint Sliders, websites, links, URLs, QR Codes, or any other aspects of your accounts, whether as the creator, owner or a user of the SmartPoint Sites or Services, you may be prevented from accessing the Sites and Services, your account details or any files or other content which is contained in your account.
DESCRIPTION OF SITES, SERVICES, AND SOFTWARE
SmartPoint is a site and service that allows brands, businesses and others to provide, use and add SmartPoint Sliders to their websites, browsers and other applications and interfaces together with mobile and online SmartPoint websites and links, URLs, QR Codes, and SmartPoint SmartAddress IDs (collectively, “SmartAddress® Shortcodes”) for SmartPoint Locations (as defined below). SmartPoint provides and connects users to SmartPoint Sliders and SmartPoint mobile and online websites that provide, and APIs and other software and applications that allow others to access, detailed, timely and accurate information (collectively, “SmartPoint Information”) related to specific locations, businesses, addresses, events, brands, areas, venues, rooms or other locations (collectively, a “SmartPoint Location”). SmartPoint Information includes information provided by or obtained from the general public, individuals, governmental, business and other entities and/or obtained from other websites and information sources via automated and other processes. The Sites and Services may also provide users with access to a rich collection of resources of local information related to SmartPoint Locations, including photos, videos, social media and other links and other information from social network posts, news and other information sources, event, mapping, weather and other related sites and information, including other place and information pages related to SmartPoint Locations.
Use of the Sites and Services
In order to access certain Sites and Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Sites and Services, or as part of your continued use of the Sites and Services. You agree that any registration information you give to SmartPoint will always be accurate, correct and up to date.
You agree not to access (or attempt to access) the Sites and Services by any means other than through the interfaces that are provided by SmartPoint or others who have the right to use and provide the SmartPoint Information, Sites or Services, unless you have been specifically allowed to do so in a separate written agreement with SmartPoint. You specifically agree not to access (or attempt to access) any of the Sites or Services through any automated means (including use of scripts, robots or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Sites or Services.
SMS Text and Other Messaging Services
SmartPoint SMS text messaging works with all virtually all carriers in the U.S., including AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Standard message and data rates may apply for any SMS text messages sent to you from SmartPoint and to SmartPoint from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Rules of Conduct
You agree that you may only use the Sites and/or Services for your own personal and non-commercial purposes. You also agree that you will not do or permit to be done through your account or log-in any of the following:
Violate or infringe the copyrights, rights of privacy or publicity, or any other rights of any person;
Post or submit libelous, defamatory, pornographic, obscene, harassing or otherwise actionable or objectionable material;
Post or transmit unsolicited or unauthorized advertising or promotional material or any junk mail, SMS text or other messages, spam or chain letters;
Use automated scripts, spiders, bots or similar means to harvest or collect member information or other information from the Sites and Services; however, you may capture contact data and other information where the Sites and Services expressly permit, encourage or requires it;
Use the Sites or Services in a manner that could damage, disable or overburden the Sites or Services or violate the law;
Provide inaccurate or misleading SmartPoint Information or any other information when registering as a member or creating or updating a SmartPoint location;
Impersonate or misrepresent your affiliation with any person or entity; or
Upload or transmit software viruses, worms, Trojan horses or other computer code or files designed to disable, destroy or interfere with any software or equipment.
Sites and Services Content
You understand that all information (such as data files, location names, locations, location information, written text, images, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Sites and Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content contained on the Sites and/or presented or made available to you as part of the Sites and Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to SmartPoint (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by SmartPoint or by the owners of that Content, in a separate agreement.
SmartPoint reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Sites or Services. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You understand that by using the Sites and Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Sites and Services at your own risk. You agree that you are solely responsible for (and that SmartPoint has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which SmartPoint may suffer) by doing so.
You acknowledge that SmartPoint and its licensors own all rights, title and interest in all content on the Sites and Services, including but not limited to the Site’s design, text, graphics and files, and their selection and arrangement (the “Content”), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by SmartPoint. SmartPoint grants you a personal, non-exclusive, non-transferable, revocable license to use the Sites and Services, all in a manner consistent with the general purposes and objectives of SmartPoint to provide access to SmartPoint Information through SmartPoint. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Sites and Services, in whole or in part in any manner that is inconsistent with such general purposes and objectives. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of SmartPoint and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made.
Except as otherwise expressly permitted in this Agreement, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, except as otherwise permitted by applicable law; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Sites and Services. You may not access the Sites or Services by any means other than through the user interfaces and APIs that are provided by SmartPoint. Furthermore, you may not use the Sites and Services in any manner that could damage, disable, overburden, or impair the Site and Services (e.g., you may not access the Sites and Services in an automated manner by use of “spiders”, “robots” or otherwise), nor may you use the Sites and Services in any manner that could interfere with any other party’s use and enjoyment of the Sites and Services. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Sites or Services. All commercial and/or unauthorized use of the Sites or Services is strictly prohibited. You agree not to use or resell the Sites or Services for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give SmartPoint and its users a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Sites and Services. This license is for the sole purpose of enabling SmartPoint to display, distribute and promote the Sites and Services.
You agree that this license includes a right for SmartPoint to make such Content available to other companies, organizations or individuals with whom SmartPoint has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. You understand that SmartPoint, in performing the required technical steps to provide the Sites and Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit SmartPoint to take these actions. You confirm and warrant to SmartPoint that you have all the rights, power and authority necessary to grant the above license.
You may download and print reasonable portions of the Content, solely for your personal, non-commercial use, provided that you leave intact all copyright notices and identifying information appearing on the original. You may not republish Content on any other website or business network or incorporate the information into any database or compilation in any manner not provided for by SmartPoint publishing tools and services. Any use of the Content not authorized by SmartPoint is prohibited.
All trademarks, logos, trade dress and service marks on the Sites and Services are trademarks of SmartPoint or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission. The trademarks, logos, and service marks not owned on behalf of SmartPoint or its licensors that are displayed on the Sites and Services are the registered or unregistered marks of their respective owners. No rights are granted by SmartPoint to use such marks, whether by implication, estoppel, or otherwise.
We do not intentionally display advertising or support our Sites and Services by revenue from display advertisements and promotions. However, creators and owners of SmartPoint Sites may from time to time publish or display advertising and promotions on their SmartPoint Sites and Services. These advertisements may be targeted to the content of information stored on the Sites or Services, queries made through the Sites and Services or other information. Our position and commitment not to display advertising on the Sites and Services are subject to change without specific notice to you. In such event, in consideration for SmartPoint granting you access to and use of the Sites and Services, you agree that SmartPoint may place such advertising on the Sites and Services.
It is SmartPoint’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the Content or materials appearing on this Sites and Services contains infringing materials or infringing property, please send a notice to us at [email protected]
Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Links and References
This Sites and Services may contain links to websites and services operated by unrelated parties. These links are provided for your convenience and reference only. SmartPoint does not control these sites and services and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites and/or services or any endorsement or approval of the sites and/or services, merchandise, materials or contents available from or on these sites and services.
The Sites and Services may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user’s reliance on or exposure to information obtained from or contained on the Sites and Services. Rather, users are responsible to evaluate the information, advice, and other content available through the Sites and Services, and any products, services or firms referenced herein.
Disclosures about Location and Other Information
SmartPoint may offer you functionality in which you may store your log-in credentials on your mobile devices so that you can be automatically logged in each time you access SmartPoint Sites and Services, websites, URLs, QR Codes, and the Services. You may deactivate the automatic log in function (if applicable) by using the log-off features, as further described on the Sites and Services. You understand that if someone else obtains access to your mobile device (such as, by theft), the automatic log-in feature will enable such person to have access to your SmartPoint Sites and Services accounts, including any personal information or settings. Therefore, in the event your mobile device is lost or stolen, you agree to assume all responsibility to contact your wireless carrier immediately to prevent the unauthorized use of your mobile device.
SmartPoint is not responsible for any incorrect or inaccurate Content posted on the Sites and Services or provided by the Sites and Services regardless of the cause or source, or for the conduct, online or offline, of any member or other user of the Sites and Services. Without limiting the above, SmartPoint assumes no responsibility for:
Any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user or other postings or communications;
The accuracy, integrity, completeness, or quality of any information, including SmartPoint Information, outputs or Content available from or through the Sites and Services; rather, responsibility for verification resides with the user of the information, output or Content.
Problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website;
Injury or damage to users’, members’ or other persons’ computers, phones, tablets, laptops or other devices or networks resulting from participating or downloading materials in connection with the Sites or Services;
Under no circumstances will SmartPoint be responsible for any loss or damage incurred or resulting from anyone’s use, including your use, of the Sites or Services, any Content posted on the Sites or Services or communicated to users of the Sites or Services, or any interactions between users of the Sites or Services, online or offline. THE SITEs, SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND SMARTPOINT DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states limit or prohibit the disclaimers of warranties in certain cases, so this disclaimer may not apply to you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR LICENSORS AND SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA) ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER WE NOR OUR LICENSORS OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THE SITES OR SERVICES AND/OR ANY MATERIAL LINKED THROUGH THE SITES OR SERVICES. UNDER NO CIRCUMSTANCES WILL SMARTPOINT, OR SMARTPOINT’S LICENSORS’ DIRECT LIABILITY ARISING OUT OF USE OF THE SITE OR THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID SMARTPOINT FOR SUCH USE OR (II) $100.00. SOME STATES MAY LIMIT OR PROHIBIT THE LIMITATION OF LIABILITY IN CERTAIN CASES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
IN PARTICULAR, SMARTPOINT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SITES AND SERVICES WILL MEET YOUR REQUIREMENTS,
YOUR USE OF THE SITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE, AND THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SITES, SERVICES OR SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Governing Law and Venue
If there is any dispute about or involving the Sites and Services that are not subject to arbitration pursuant to the foregoing paragraph, you agree that the dispute will be governed by the laws of the State of California, as they apply to residents situated within the state. In such event you also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of California, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that SmartPoint may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Sites and Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Incorporation By References