Terms & Conditions
Terms & Conditions
Under the terms of this agreement, usage of any Services, which is defined as creation of any account on smartworldmarket.com, and or shopping for, or purchasing products on this website, is an acknowledgement that you have read and understand this agreement, and that you agree to be bound by the Terms and Conditions below. If you choose not to be bound by these Terms and Conditions, you should not proceed to create an account on SmartWorld, Inc. servers or use our Services. By proceeding, you agree to the Terms and Conditions below.
1. USER CONDUCT
SmartWorld (SW) Vendor accounts may only be used only for lawful purposes. Any use of these Services which violates any local, state, federal, or international laws, which may apply to smartworldmarket.com, your local jurisdiction, or any jurisdiction to which you may be subject, is strictly prohibited.
While using the Services, you may not:
A. Restrict or limit other users from using and enjoying the Internet;
B. Post or transmit nasty, low-down, good-for-nothing, abusive, libelous, defamatory, offensive, indecent, profane, obscene, threatening, or otherwise despicable information of any kind, including, without limitation, any transmission encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including, without limitation, export control laws and regulations, laws protecting intellectual property, including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
C. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
D. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through SW, for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
E. Use your SW account to facilitate the sale of any information, software, hardware, product, or other material which violates any local, state, federal, or international laws which may apply to SmartWorld, Inc., your local jurisdiction, the jurisdiction of the consumer purchasing from you, or any jurisdiction that you or your site may be subject to;
F. Use your SW account to gather sensitive payment information from any internet consumer including but not limited to credit card information for any purpose other than the ethical use of such information to obtain payment in exchange for goods and service provided to said consumers;
G. Post, publish, transmit, reproduce or distribute internet consumer credit card information in such a manner as to readily expose such information to those who would use such information for criminal purpose;
H. Use your SW account in conjunction with any promotion or sale of goods by or for the purpose of Unsolicited Commercial E-Mail (UCE) or Spam. This includes the sale of lists of E-mail addresses or software to be used for the purpose of sending UCE or Spam;
Vendors, using SW Services, agree to the following minimum standards for internet "e-commerce":
A. Follow the "Golden Rule". Resolve customer order fulfillment complaints against you in a reasonable, responsible and timely manner such that SmartWorld, Inc. (SWI) does not receive a significant number of complaints against you.
B. Provide your customers reasonable access to contact information including your name, address and email address so they can contact you if they need to. The "Ask a Question" feature for all of your products is designed to assist you in quickly and efficiently processing information requests.
You agree to indemnify, defend, and hold harmless, SmartWorld, Inc., from all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or indirectly resulting from your use of the Services which damages either you, SWI, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
SWMI reserves the right to refuse or discontinue service to anyone at its sole discretion. SW may deny you access to all or part of the Services without notice if you engage in any conduct or activities that SW, in its sole discretion, believes violates any of the terms and conditions in this agreement, SWI shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that SWI has the right to monitor the Services electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself, its subscribers, or consumers of products or services sold via the shopping cart service. SmartWorld, Inc. reserves the right to refuse to facilitate sales of any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement or the Product Guidelines.
4. NO WARRANTIES
SWI, or its agents or employees, shall create a warranty. SWI provides no warranty that the Services will be uninterrupted or error free or that any information, software or other material accessible on or via the site or Services is free from viruses or other harmful components. Under no circumstances shall SWI be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the Services, or for third parties' use of the Services to access your web store space, shopping cart service, any other Services we supply or are associated with, to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with SWI’s Services or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services.
You understand that by placing information on smartworldmarket.com, including but not limited to uploads done by you to facilitate usage of smartworldmarket.com, that such information becomes available to all Internet users and that SWI has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of smartworldmarket.com servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through smartworldmarket.com or on the Internet generally.
SWI will provide you a reasonable amount of technical support to assist you in integration of your products, images, descriptions, etc. with the smartworldmarket.com shopping cart and micro-site. You understand that the level, duration, and hours of availability of the support provided is determined at the sole discretion of SWMI, and that providing any support does not constitute a warranty of any sort, nor does it warrant that you will successfully complete the integration of your products into the smartworldworldmarket.com is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
You agree that you are legally responsible for use of this account and are at least 18 years of age. You agree to furnish SWI with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. You further agree that you are an authorized user of any PayPal or credit card account that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent payment acts.
You agree to inform SWI in advance, of any major changes in the nature of your smartworldmarket.com account including products which may fall into a grey area concerning our Product Guidelines. You understand that implementing such changes without proper notification may cause SWI, at its sole discretion, to discontinue your service if such changes cause violation of this agreement.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized, impairing the availability, quality or reliability of service for others.
You agree to adhere to the system policies as published online by SWI including Services available with your account, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of Services at smartworldmarket.com. You agree to abide by all future SWI policy decisions.
You agree that the security of your account password is solely your own responsibility. You further agree that if you believe that your account password has been compromised in any way, you will notify SWI immediately via email to firstname.lastname@example.org . You shall be held fully responsible for any misuse or compromise to your account for which SWI is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, SWI has the right to suspend all access to your account pending an investigation and resolution. You also agree that SWI has the right to cooperate in any government or legal investigation regarding any aspect of our Services, including services sold to you. Any use of our system to facilitate sales of pirated software, illegal products or information, or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.
9. BACKUP OF DATA
Your use of the Services is at your sole risk. SWI. is not responsible for order data or account configuration data residing on our servers. Any storage of such is strictly for your convenience, and you recognize your obligation to maintain your sales and order data on your own computer systems. You agree to securely retrieve via SSL encryption the final portion of order data promptly after receiving emailed notification of orders, and to make daily checks of smartworldmarket.com communications and its website for retrieving secure order data. If any orders are indicated from communication from smartworldmarket.com and you do not have all pertinent information stored on your own system, you agree to promptly take action to download or request re-mail of such data. You specifically agree that SWI is not responsible for storage of order or sales data of any type whatsoever for any amount of time exceeding thirty one (31) days from the date of the sale.
You further agree that SWI has the right, at its sole discretion, to purge any and all order or sales data stored on SmartWorld, Inc. servers without notice and to whatever degree deemed necessary by SWMI.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of smartworldmarket.com or any other service with reference to services obtained through smartworldmarket.com, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, SmartWorld, Inc., or any other party or parties resulting from any such conduct.
You understand that communications from SWI are sent out via email only, and that it is your responsibility to maintain working email addresses in your account administration. You agree that your failure to receive correspondence for any reason does not alleviate your responsibility to keep your account in good standing through the honoring of all your responsibilities under the terms of this agreement.
12. PRIOR AGREEMENTS
This agreement supersedes all written, electronic, or oral communication you may have had with SWI or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
14. TERMINATION OF AGREEMENT
The provisions of Section 2 (INDEMNIFICATION) and Section 4 (NO WARRANTIES) shall survive any termination of this agreement.
15. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable laws of the State of Tennessee and the United State of America. Users of the Services agree to accept service of process by ordinary mail to the most recent address provided by the same.
When you choose to create an account, or continue to maintain an account on SmartWorld, Inc. servers, you claim and acknowledge that you have read the Terms and Conditions and that you understand such Terms and agree to abide by and be bound by them.
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