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Privacy Policy

Effective Date: 08/01/2014

THE FOLLOWING DESCRIBES THE TERMS ON WHICH Smacktive OFFERS YOU ACCESS TO OUR WEBSITE, SERVICES AND PLATFORM:

Smacktive provides our website and app (including www.Smacktive.com and the forthcoming Smacktive mobile application) platforms, services, and tools, along with any other Smacktive owned website or services (individually and collectively known as the “Platform”) to you subject to the terms of service set forth herein (the “Agreement”). For the purposes hereof, “Smacktive” shall be deemed to include its affiliates, parents and subsidiaries. Additionally, a statement of our privacy policy may be found at the “Privacy Policy”, such Privacy Policy which is incorporated herein by this reference. We reserve the right to modify the Agreement at any time. When this occurs, we will revise the “Revision date” at the top of this Agreement, and you can view the most recent version at http://www.Smacktive.com/terms/. It’s your responsibility as a user to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Platform, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and Smacktive regarding the Platform. By accessing or using the Platform, you accept this Agreement and any modifications that we may make to this Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Platform.

Platform

The Platform provides our users with the resources to create or join events and locate people that are highly compatible with you based on your information provided; and in some cases, your Facebook profile. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform, including without limitation your participation in or involvement with anyone you match up with and meet in person. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. Additionally, you acknowledge and agree that our Platform may require you to update third party software from time to time in order to receive services and all efforts shall be made at your own expense and risk. Subject to the terms hereof, you are granted a limited, revocable, non-assignable, non-exclusive and non-sublicensable license to access and use to the Platform and our services. Ownership in the services, the Platform and our website, in whole or in part, shall at all times remain with Smacktive.

Membership Eligibility

Our Platform is available to all individuals who are at least 18 years old. By registering to use our Platform, you represent and warrant that you are at least 18 years of age. Additionally, you represent and warrant that you are not prohibited from receiving products of U.S. origin, including without limitation, services and/or software. Additional eligibility requirements for a specific event may be set by the creator of the event. We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform at any time.

Password/Security.

When you complete our registration process you will create a password that will enable you to access our Platform. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality thereof, along with all activities that occur through the use of your password by you or any third party at any time. You agree to immediately notify us in writing of any unauthorized use of your password or any other breach of security. You agree that Smacktive cannot and will not be liable for any loss or damage of any kind arising from your failure to comply with password or security issues. We recommend using an underscore “_” in your password to make it tougher to hack.

Fees and Payments

General. Access to our website and use of selected features of our Platform is currently free. We may charge fees in the future to ensure quality of the Platform but we will notify you of those charges at the time that we offer you the premium features or services. We may, at our sole discretion, and by notifying you on our website, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.).

Fees Assessed by Event Creators or Venues.

Some Event Creators or Venues may require or request fees for membership into a specific Event. These or other event costs are at the discretion of each Creator or Venue, who decides whether such fees are required, the amount frequency, payment options, refund policies, and how such fees are spent. Fees assessed by Creators or Venues are remitted to the Creator or Venue and not to Smacktive. You acknowledge that Smacktivedoes not control any transaction, and you, the user, incur all risk in connection with the transaction. Refunds of any payment you make to any Creator or Venue are subject to that Creator’s or Venue’s policies and applicable law. If you believe any payment to a Creator or Venue is incorrect, you must contact the Creator or Venue personally to rectify. You should use common sense and be careful in deciding whether to make a payment to a Creator or Venue. Creators or Venues have full discretion whether and how to spend money in connection with their Event. We cannot ensure that a Creator or Venue is legitimate and truthful, that he or she will use payments as promised, or that you will be happy with how your payment used. Your correspondence or business dealings with, or participation in promotions of Smacktive, including payment and related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Creator or Venue.

Consent to Disclosure.

You acknowledge and agree that Smacktive may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website or mobile application, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of Smacktive, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the terms of this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.

Your Information

Definition.

Definition. “Your Information” is defined as any information or other material you provide (directly or indirectly), including through the registration process, on our website or in our app. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information. Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as “Public Information” (your real name (if provided) and location are considered Public Information); any other portion of Your Information shall be referred to as “Private Information.” “Publicly accessible” areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public. You understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools and other similar programs.

Restrictions.

In consideration of your use of our Platform, you agree that Your Information:

1. (a) shall not be fraudulent, inaccurate or misleading in any way;

2. (b) shall not infringe, in whole or in part, any third party’s copyright, patent, trademark, trade secret or other proprietary rights of any kind, or any rights of publicity or privacy;

3. (c) shall not violate any applicable law, statute, ordinance or regulation;

4. (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing;

5. (e) shall not be obscene and/or contain, pornography (including child pornography), or photographs of unclothed person(s) and/or any lewd or sexual activity of any kind;

6. (f) shall not contain any viruses, trojanhorses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

7. (g) shall not create liability of any kind or nature for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

8. (h) shall not link directly or indirectly to any materials or information of any kind to which you do not have a right to link to or include or make reference to.

In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes. Without limitation on the foregoing, you may only use, view, copy and print portions of our website and the Platform for your own informational, personal and non-commercial use, and may not modify or otherwise make derivative uses of our website or services or Platform, or any portion thereof, in any manner. Additionally, you may not remove or modify any copyright, trademark or other proprietary notices that have been places on our website or in the Platform or services. You may not use our website, services or the Platform other than for its intended purposes. You may not use any data mining, robots or similar data gathering or extraction methods. You may not reproduce, prepare derivative works from, distribute or display our website, services or the Platform except as specifically provided herein. You will not restrict or inhibit any other use from using and enjoying our website, services or the Platform.

License

We do not claim ownership of Your Information. We will use Your Information only in accordance with our Pprivacy Ppolicy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you allow Smacktive a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.

Restriction on Use of Your Information.

Except as otherwise provided in our Pprivacy Ppolicy or as may be required by law, we will not sell, rent or otherwise disclose any of your Personally Identifiable Information (as defined in our privacy policy) about you (including your email address) to any third party.

Use of Platform

Control.

You, and not Smacktive, are responsible entirely for all Public Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy or integrity of Your Information or the Information of or posted by other users. We do not endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive or indecent. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will Smacktive, its directors, officers, employees or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.

Grounds for Removal or Suspension.

Not with standing any other provision of this Agreement, the following types of actions are cause for immediate removal, suspension or termination of your account:

(a) The use of our Platform to (including, without limitation, eligibility requirements):

1. (i) harm, harass or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;

2. (ii) impersonate any person or entity (including Smacktive, a Smacktive staff member and/or other members), or falsely state or otherwise misrepresent your affiliation with any person or entity, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;

3. (iii) disguise the origin of any Public Information that is transmitted to any third party;

4. (iv) “stalk” or otherwise harass another;

5. (v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of Smacktive;

6. (vi) resell Public Information or access to Public Information;

7. or (vii) collect or store personal data about other users;

(b) Posting any Public Information or other material:

1. (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another’s privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;

2. (ii) that is obscene, pornographic or adult in nature;

3. (iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;

4. (iv) that infringes any patent, trademark, trade secret, copyright or any other proprietary rights of any kind of any party, or any rights of publicity or privacy;

5. (v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam”, “junk mail” and “chain letters”);

6. (vi) that is inappropriate

7. (vii) that uses the Platform primarily as a lead generator or listing service for another website or application;

(c) Encouraging others to violate this Agreement;

(d) Refusing to follow Smacktive employees’ instructions or directions;

(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;

(f) Disclose the Private Information of any member of Smacktive without the advance written permission in each instance of that member; or

(g) Transmit money to Smacktive or any Creator or Venue through financial accounts that are stolen, fraudulent or otherwise unauthorized.

Your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. Smacktive reserves the right to remove any post or other material without warning or further notice or liability on the part of Smacktive. While we prohibit such conduct and content, you understand and agree that you may be exposed to such conduct or content and that you use the Platform at your own risk. For purposes of this Agreement, “posting” includes uploading, posting, emailing, transmitting or otherwise making available in any manner or form. Without limiting the foregoing, Smacktive and its employees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable without liability of any kind.

Interference with Platform.

You agree that you will not: (a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) interfere with or disrupt our Platform or networks connected to our website or through the use of our Platform, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Platform, or otherwise interfere with our Platform in any way, including through the use of JavaScript, active or any other coding; (c) take any action that imposes an unreasonably large load on our infrastructure; or (d) copy, reproduce, alter, modify, or publicly display any information displayed on our website or app (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright, trademark or patent infringement or otherwise violate the intellectual property rights (or privacy or publicity rights) of Smacktive or another third party, except with the prior written
consent of Smacktive or the appropriate third party in advance in each instance.

General Practices Regarding Usage of the Platform.

Regarding Usage of the Platform. You acknowledge and agree that Smacktive may establish general practices and limits concerning the use of our Platform. You agree that Smacktive has no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Disputes.

You acknowledge and agree that any dispute you may have with any other individual or entity that you encounter through your use of the Platform is between you and such person and entity; and Smacktive has the right, but no obligation, to get involved in such dispute.

Advertising.

You understand that the services and the Platform may feature advertisements from time to time from Smacktive or third parties. Smacktive may provide links on the services to third party websites or vendors who may invite you to participate in a promotional offer. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Company makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to the Platform in any way.

Meetings at Venues

Meetings

Through our Platform we provide tools that enable our users to arrange physical meetings at venues that include, but are not limited to, public parks, private homes or private businesses. We do not supervise these places and are not involved in any way with the actions of any individuals at these places. As a result, we have no control over the identity or actions of the individuals who are present at these places, and we request that our users exercise caution and good judgment when attending these places.

Release

Because we do not supervise or control the places or events or interactions between members of Smacktive and because we are not involved in any way with physical transportation to or from these places or with the actions of any individuals at places or events, and because we do not control the credit card companies or other payment processing companies, and because we cannot guarantee the true identity, ages of people, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Creators or Venues and those associated in any way with Creators or Venues from losses, costs, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising, directly or indirectly, out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at a place, including any interactions of any kind that you have with any individual or entity arising out of your use of our website. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.

Interactions with Smacktive Employees and with the Smacktive Members

Interactions

You understand that some interactions, such as Smacktive’s service announcements and newsletters, as well as offers from sponsors or advertisers relevant to you, are part of our Platform. By using our Platform, you expressly agree to receive such communications from Smacktive. You may manage your subscriptions to Smacktive interactions in the settings section of Your Account page.

Interactions with Members of the Smacktive Community.

Your Creator or Venue

By creating or joining a Smacktive event, you understand and agree that you may receive communication from your Creator in the normal course of utilizing our Platform. Your Creator’s messages will be relayed to your email address through our Platform, which does not disclose your email address to the public. You will also get a notification on the Website or through the mobile application.

Role of Creator.

You understand that the Creator of a Smacktive event in which you have joined has the right, in his or her sole discretion, to temporarily suspend, indefinitely suspend or terminate your membership in his or her Smacktive event, to charge fees in connection with membership in his or her Smacktive activity or event, limit or set eligibility requirements for Smacktive members. Please be aware that a Creator is: (a) not Smacktive’s representative and therefore a Creator may not enter into contractual relations or obligations on Smacktive’s behalf; (b) not entitled to enter into contractual relations on behalf of specific Smacktive members unless expressly agreed by those members; and (c) acting independently, and therefore, no contractual relationship or obligation arises between a Creator or an individual member unless otherwise agreed to specifically between such parties.

Privacy

Smacktive collects registration and other information about you through the Platform. Our collection, use, and disclosure of this information is governed by this Agreement as well as by the Smacktive Privacy Policy available at http://www.Smacktive.com/privacy

Indemnity

You agree to defend, indemnify and hold us and our officers, directors, agents, subsidiaries, parent, employees, consultants, affiliates and third-party partners harmless from and against any claim or demand of any kind, including taking responsibility of all associated reasonable attorneys’ fees, made by any third party due to or arising out of your breach of your representations and warranties, or any other terms of this Agreement, or the documents or laws it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party of any kind, and/or your participation with Smacktive (whether or not the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Smacktive events), and/or your interactions with any person or entity that you encounter or meet via our service at any point in time (including without limitation the cost of compliance with any subpoena or other discovery request, or costs incurred in connection with acts taken by us at your direction or with your approval, and/or your negligence or willful misconduct). Without limiting the foregoing, you, as a Creator or User, agree to defend, indemnify and hold us and our officers, directors, agents, subsidiaries, parent, employees, consultants, affiliates and third-party partners harmless from and against any claim or demand of any kind, including taking responsibility of all associated reasonable attorneys’ fees, made by any Smacktive member or third party due to or arising out of your actions as an Creator or User, including your use of money paid to you by members of your event.

Warranties; Liability

Disclaimer of Warranties.

Your use of our Platform is at your sole risk. Our Platform is provided to you “as is” and on an “as available” basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement (except to the extent prohibited under applicable law). We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform. We disclaim any warranties in connection with any introductions or encounters which may transpire between you and any person or entity that you may meet, directly or indirectly, through our Platform, financial or otherwise (including in connection with any associated security risks). In addition, no advice or information (written or oral) obtained by you from us shall create any warranty or liability on us or our affiliated parties at any time. You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that, without limitation on the foregoing, you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

Limitation of Liability.

You agree that in no event shall Smacktive be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Smacktive has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Platform or transportation to or from Smacktive events, attendance at Smacktive events, participation in or exclusion from Smacktive activities or events and the actions of you or others at Smacktive events or otherwise in connection with individuals or entities that you have come into contact with through such use. To the extent permissible under applicable
laws, under no circumstances will Smacktive or its affiliated entities be liable to you for more than Fifty Dollars ($50). All claims by you must be made within one (1) year of the incident to which they relate or forever be barred, unless otherwise set forth herein to the contrary.

Exclusions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations may not apply to you and as such would be amended solely to the extent required to comply with applicable law.

Dispute Resolution

Process

The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law or the rights of a third party, or your participation in Smacktive activities (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Smacktive activities). In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to the proper parties for mediation as selected in Smacktive’s discretion. Nonetheless, legal action taken by Smacktive to collect any fees and/or recover damages for, or obtain an injunction relating to, our website or application operations, intellectual property or our Platform, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by Smacktive. In addition, either you or Smacktive may seek any interim or preliminary relief from a Court of competent jurisdiction in New Jersey, necessary to protect the rights or property of you or Smacktive pending the completion of arbitration.

Negotiation

Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within thirty business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within sixty business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.

Enforcement

The provisions of applicable sections may be enforced by any Court of competent jurisdiction in New Jersey.

Waiver

By agreeing to this Agreement you have, except as otherwise specified in all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.

Modifications

We reserve the right at any time to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.

Breach or Termination

You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account, your status as a Creator or Host, and/or your ability to use all or any portion of our Platform for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.

Copyrights; Trademarks; Proprietary Rights

Copyrights and Trademarks of Others.

Copyrights and Trademarks of Others. Smacktive respects the intellectual property of others, and we ask our users to do the same. To the extent Smacktive uses a trademark that is the property of a third party, Smacktive will provide clear notice to anyone viewing Smacktive’s usage of that trademark that (a) Smacktive does not own the trademark and that the trademark is the property of a third party, (b) Smacktive has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored Smacktive’s use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes, or may likely infringe on, the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information in writing as soon as practically possible: 1. an electronic signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest; 2. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a detailed description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a 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; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Anything to do with claims of copyright or other intellectual property infringement can be sent to: Privacy@Smacktive.com

No Spamming

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Smacktive’s Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service.

Additional Terms

Entire Agreement.

This Agreement constitutes the entire agreement between you and Smacktive, superseding any prior agreements between you and Smacktive. To the extent that you have previously registered with Smacktive and provided Your Information, this Agreement now governs how Smacktive may use Your Information, whether provided in the past or the future.

No Agency.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Smacktive is intended or created by this Agreement.

Governing Law.

Except as expressed above, this Agreement and the relationship between you and Smacktive shall be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents, and (b) you and Smacktive agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New Jersey.

Assignment

You agree that this Agreement, all rights outlined in this document, and all incorporated agreements may be automatically assigned by Smacktive, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Smacktive’s assets, or a similar transaction.

No Guarantee.

We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control.

No Waiver.

Smacktive’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

Severance

If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Smacktive nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

Limitation

You and Smacktive each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within three (3) months after the claim or cause of action arose or be forever barred.

Titles

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Violations

The Platform offered under this Agreement is offered by Smacktive LLC. Please report any violations of this Agreement by sending a notice of the violation to the legal council of Smacktive by email to: Privacy@Smacktive.com