Smatchy Terms of Use

Welcome to Smatchy, an online community that connects people through networks of friends and question responses. The Smatchy service is operated by Smatchy, Inc. ("Smatchy"). By using the Smatchy web site and service (the "Web site") you agree to be bound by these Terms of Use (this "Agreement"). This Agreement sets out the legally binding terms of your use of the Web site and any portion of the Agreement may be modified or deleted by Smatchy at any time and without prior notice. Such modifications will become effective upon posting by Smatchy on the Web site. Your continued use of the Service or the Web site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Service or the Web site. It is your responsibility to regularly review these Terms of Use.

  1. Eligibility

    2. You must be thirteen years of age or older to register as a member of Smatchy (a "Member") or use the Web site. If you are under the age of 13, you are not allowed to register and become a member of Smatchy or access Smatchy content, features, or services on the Web Site. Membership in the Service is void where prohibited. By using the Service or the Web site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement.

  2. Term

    3. This Agreement will remain in full force and effect while you use the Web site and/or are a Member. Smatchy may terminate your Membership and/or prohibit you from using or accessing the Service or the Web site for any reason, at any time. Even after membership is terminated, this Agreement will remain in effect.

  3. Member Conduct

    4. You understand that the Service and the Web site are available for your personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service or the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Web site or for any other purpose. You further agree that you may not use the Service or the Web site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair Web site. In addition, you agree not to use the Service or the Web site to:

    • upload, post, email, transmit, or otherwise make available any content that Smatchy deems to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;
    • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
    • upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
    • intimidate or harass another;
    • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Web site.

  4. Proprietary Rights in Content on Smatchy

    5. Smatchy owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Smatchy, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

  5. Content on the Site

    6. You understand and agree that Smatchy may review and delete any content, messages, photos, or profiles (collectively, "Content") that in the sole judgment of Smatchy violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. In addition to other content requirements contained in this Agreement, you agree to all the following:

    • You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
    • By posting Content to any public area of Smatchy, you automatically grant, and you represent and warrant that you have the right to grant, to Smatchy an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
    • You must use the Service in a manner consistent with any and all applicable laws and regulations.
    • You may not include in your Member profile any telephone numbers, street addresses, or email addresses.
    • The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Smatchy reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision. It includes content that:
      • is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
      • displays pornographic or sexually explicit material of any kind;
      • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
      • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

  6. Copyright Policy

    7. We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at copyright@smatchy.com and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written 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; 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.

  7. Member Disputes

    8. You are solely responsible for your interactions with other Smatchy Members. Smatchy reserves the right, but has no obligation, to monitor disputes between you and other Members.

  8. Privacy

    9. We care about the privacy of our Members. Click here to view the Web site's Privacy Policy. By using the Web site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

  9. Disclaimers

    10. The Company is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether posted or caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Web site or the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. The Web site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Smatchy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on or through the Web site or the Service or transmitted to Members, or any interactions between users of the Web site or Members, whether online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY 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. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.

  10. Limitation on Liability

    11. Except in jurisdictions where such provisions are restricted, in no event will Smatchy be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Smatchy has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Smatchy's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of: (A) the amount paid, if any, by you to Smatchy for the Service during the term of membership; and (B) fifty dollars ($50).

  11. Governing Law and Venue

    12. By visiting or using the Web site and/or the Service, you agree that the laws of the State of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Smatchy, Inc. or any of its affiliates.

    Any dispute relating in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) shall be submitted to confidential arbitration in Philadelphia, Pennsylvania, except that, to the extent you have in any manner violated or threaten to violate Smatchy, Inc. or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Pennsylvania.

    Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

  12. Indemnity

    13. You agree to indemnify and hold Smatchy, Inc., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Web site in violation of this Agreement or your violation of any law or the rights of a third party.

  13. No Agency

    14. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Smatchy and any User of the Service.

  14. Other

    15. These Terms of Use, together with the Privacy Policy and any other policies of the Company posted by us on the Web site, constitute the entire agreement between you and Smatchy regarding the use of the Web site and/or the Service, superseding any prior agreements between you and Smatchy relating to your use of the Web site or the Service. The failure of Smatchy to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Please contact us with any questions regarding this agreement.