WEB SITE USE TERMS & CONDITIONS
Smiley Crane reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Smiley Crane’s Web Site shall be subject to the current terms and conditions as published on our website at www.SmileyCrane.com
By accessing Smiley Crane’s Web Site, you are agreeing to be bound by these Web Site Use Terms & Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to Smiley Crane’s Web Site shall be governed by the laws of Arizona. The materials contained in Smiley Crane’s Web Site are protected by applicable copyright and trade mark laws
No Endorsement of Third Party Content
Smiley Crane’s Web Site contains links to and frames of sites that are not maintained by Smiley Crane. Smiley Crane is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in Smiley Crane’s Web Site does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION CONTAINED ON SMILEY CRANE’S WEB SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH SMILEY CRANE’S WEB SITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON INFRINGEMENT. In no event shall Smiley Crane or its service Smiley Cranes, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Smiley Crane’s Web Site, even if Smiley Crane has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of Smiley Crane or its service Smiley Cranes, affiliates, associates, subsidiaries or partners and Smiley Crane makes no representations or warranties regarding that information or those opinions. Neither Smiley Crane or its service Smiley Cranes, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
Smiley Crane hereby grants you a limited license to view on your computer, print, download and use any content made available on Smiley Crane’s Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.
Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of Smiley Crane or any other party who owns or has proprietary rights to the content, information and materials provided on Smiley Crane’s Web Site.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Smiley Crane or by other parties that have licensed their material to Smiley Crane. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Smiley Crane may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective Smiley Cranes thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.
Changes and Improvements
Smiley Crane may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on Smiley Crane’s Web Site, including the terms and conditions of your use of this Web Site, without liability.
Due to the nature of the Internet, it is not possible for Smiley Crane to restrict access to its web site only to those jurisdictions in which it does business. Some of all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Smiley Crane. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.
The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that Smiley Crane intends to offer such service or programs in all countries or locations.
This site is controlled and operated by Smiley Crane from its offices in the United States. Smiley Crane makes no representation that any of the materials contained in Smiley Crane’s web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by and construed in accordance with the laws of Arizona and the parties hereby attorn to the jurisdiction of the courts of Arizona. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.