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Terms of Use

Smart & Sexy Terms of Use

These Smart & Sexy Terms of Use ("Terms of Use") describe the terms and conditions under which users may access, interact with, and otherwise use the website (and programs offered therein) located at www.smartandsexy.com (herein referred to as the "Website") which Website and brand is owned and operated by Ariela And Associates International, LLC (collectively, "SAS").

Please read these Terms of Use carefully. These Terms of Use also include SAS's Privacy Policy (the "Privacy Policy"), which is incorporated into, and made a part of, these Terms of Use. As used herein, the words "user," "you" and "your" mean users of the Website and the words "we" and "our" means SAS. These Terms of Use constitute a binding legal agreement between you and SAS and, by accessing and using the Website, you accept, without limitation or qualification, these Terms of Use and the Privacy Policy. If you do not accept and agree to these Terms of Use and the Privacy Policy, do not use the Website or any of the services provided herein. SAS reserves the right to modify these Terms of Use and the Privacy Policy by posting new versions as well as the right to provide additional notice of significant changes. IF YOU DO NOT AGREE WITH THE TERMS OF USE AND PRIVACY POLICY, INCLUDING CHANGES THERETO, OR ANY GUIDELINES OR RULES POSTED ON THE WEBSITE, THEN DO NOT USE THE WEBSITE.

Acceptance of Terms of Use

Your access to and use of the Website is subject to your compliance with these Terms of Use and all applicable laws. Without limiting anything set out elsewhere in these Terms of Use, your continued use of the Website is contingent upon your checking for any updates to the Terms of Use and Privacy Policy and your agreement to be bound by any such revisions. You can view the most current version of the Terms of Use at any time by clicking on the Terms of Use link at the bottom of the Website. Your continued right to access and use the Website will terminate immediately, without any further action by SAS, if you breach the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website, thereafter. Without limiting anything set out elsewhere in these Terms of Use, your continued use of the Website is contingent upon your checking for any updates to these Terms of Use and your agreement to be bound by any revisions. You can view the most current version of the Terms of Use by clicking on the Terms of Use link at the bottom of the Website.

Content and Communications

(a) The Website may contain inaccuracies or typographical errors. To the extent that content has been provided by third parties (e.g., merchants and retailers), and includes sales, offers, coupons, giveaways, advertisements, promotions, pricing or similar information over which SAS has no control, you must do your own due diligence and exercise your best judgment in accessing, using and/or relying on any such third party content. SAS has no responsibility for the terms of any third party offer, sale, purchase or other transaction and the use, posting, distribution, or publication of content does not constitute or imply an endorsement, recommendation, advice, opinion or comment by SAS nor is it an assurance of legality, quality or safety by SAS.

(b) Each user is solely responsible for the communications medium used by such user in community interactions. SAS reserves the right to expel users and prevent further access to the Website for violating these Terms of Use or applicable law. Parents and guardians are solely responsible for use of the Website by children under the age of eighteen (or the age of majority in the state in which such children reside). Minors should not use the Website without actual parental supervision.

(c) Although SAS is not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the Website, or any element or component thereof, you acknowledge and agree that SAS has the right to monitor the Website in its sole discretion, and, notwithstanding anything to the contrary contained in the Privacy Policy, to disclose information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or other users.

(d) If SAS is notified of communications or content that allegedly violates these Terms of Use and/or any applicable law, rule or regulation, it may investigate the allegation and determine in its sole discretion whether to remove, or request the removal of, the content or to terminate the use of the Website by the user who posted such content, but has no liability or responsibility to users for performance or nonperformance of such activities. Without limiting anything set out elsewhere in these Terms of Use, if a user views content or receives communications allegedly inconsistent with these Terms of Use, an e-mail may be sent to info@smartandsexy.com stating, in reasonable detail, the observed behavior. Following receipt of such correspondence, a decision will be made by SAS, in its sole discretion, regarding the appropriate action to take, if any, to address the concern set out in such email. Any action or inaction by SAS does not imply or impose any responsibility or liability on SAS for the form, intent, or accuracy of the original or any subsequent content posted by, or communications between, users of the Website.

(e) This Website uses the Facebook API and is not endorsed or certified by Facebook, Inc.

Intellectual Property Rights

(a) All content of the Website (including text, graphics, photos, logos, button icons, images, and software) is the property of SAS, its licensors, designers, or other providers of such materials and is protected by United States and international laws relating to copyrights, trademarks, patents, trade secrets and other intellectual property or proprietary rights. The Website shall not be used by any person to post, transmit, display, publish, distribute or otherwise exploit content or other materials that (1) violates these Terms of Use; (2) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others; (3) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, sexually-explicit or parody images or text, chain letters or pyramid schemes; or (4) violates applicable laws, rules and regulations, including without limitation, consumer protection, privacy and trade laws and regulations.

(b) The trademarks, service marks, logos, product and service names, designs, slogans and other indicia of origin (collectively, the "Marks") used on this Website are owned by SAS. No license or right to use any Marks contained on this Website is granted, whether by implication or otherwise, and any use of any Marks contained on this Website is expressly prohibited unless authorized in writing by the owner of the applicable Marks. All rights not explicitly granted herein are reserved.

(c) You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. 
  • You may store files that are automatically cached by your web browser for display enhancement purposes. 
  • You may print or download one copy of a reasonable number of pages of the Website for your own lawful, personal, non-commercial use and not for further reproduction, publication or distribution, as expressly permitted by and subject to the restrictions contained in these Terms of Use, including, without limitation, the requirement that you maintain all copyright and other proprietary notices contained in any Website content.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. 
  • If we provide social media features with certain content, you make take such actions as are enabled by such features. 

You must not:

  • Modify copies of any materials from the Website. 
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. 
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by SAS. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Notice and Procedure for Claims of Copyright or Intellectual Property Infringement

If you believe that any content appearing on the Website infringes your copyright, you should notify us by sending a notification of claimed copyright infringement to our copyright agent at info@smartandsexy.com with “DMCA Takedown Request” in the subject line.

To be effective, the notification must be in writing and contain the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Website that is reasonably sufficient to enable us to identify and locate the material;

(iv) how we can contact you, such as your address, telephone number and e-mail address;

(v) 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 by law; and

(vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

Prohibited Uses

You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:  

  • In any way that violates any applicable federal, state, local or international law or regulation (including without limitation any laws regarding the export of data or software to and from the US or other countries).  
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. 
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use. 
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation. 
  • To impersonate or attempt to impersonate SAS, an SAS employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated without any of the foregoing. 
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by SAS in its sole discretion, may harm SAS or users of the Website or expose them to liability. 
  • In any manner that could disable, overburden, damage or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. 

Additionally, you agree not to:

  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. 
  • Use any device, software, or routine that interferes with the proper working of the Website. 
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. 
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. 
  • Attack the website via a denial-of-service attach or a distributed denial-of-service attack. 
  • Otherwise attempt to interfere with the proper working of the Website. 

User Contributions

The Website may contain message boards, forums, bulletin boards, user reviews and other interactive features that allows users to post, submit, publish, display or transmit to other users or other personas (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. Any User Contribution you post on the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (i) you own or control all rights in and to your User Contributions and have the right to grant the license granted in above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and (ii) all of your User Contributions do and will comply with these Terms of Use.

User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is deceptive, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. 
  • Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. 
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that may otherwise be in conflict with these Terms of Use and our Privacy Policy. 
  • Promote any illegal activity or advocate, promote or assist any unlawful act. 
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. 
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as sweepstakes, contests and other sales promotions, barter or advertising. 
  • Give the impression that they emanate from or are endorsed by SAS. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and you, not SAS, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content and accuracy of any User Contributions posted by you or any other user to the Website.

We have the right, in our sole and absolute discretion, to remove or refuse to post any User Contributions for any or no reason and to take any action with respect to any User Contribution that we deem necessary or appropriate, including if we believe that such User Contribution violate these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or could create liability for SAS. Notwithstanding the foregoing, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided on the Website by any user or third party.

Online Purchases and Other Terms and Conditions

All purchases through the Website or other transactions for the sale of goods through the Website or as a result of visits made by you to the Website are governed by these Terms of Use.

Our Products

All features, specifications, products and prices of products and services describe on the Website are subject to change at any time without notice. From time to time there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We make no representation as to the completeness, accuracy or currency of any information on the Website. We reserve the right, without prior notice, to make changes to information about price, description or availability of any product, to limit the order quantity on any product, and/or to refuse service to any customer. While we make an effort to display as accurately as possible the colors of our products that appear on the Website, however the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display your colors.

Linked Sites

The Website may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Company’s control, and Company is not responsible for, and does not endorse the content of, such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

User Information and Privacy Policy

Any information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Security

From time to time, SAS may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as SAS may, in its sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other violation of these Terms of Use, SAS may, in its sole discretion, declare you to be in breach of these Terms of Use, suspend, block and/or terminate your use of the Website, and/or seek prosecution to the fullest extent of the law.

Disclaimer of Warranties and Limitation on Liability

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAS DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND SAS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

WITHOUT LIMITING ANYTHING SET OUT ABOVE, IF YOUR USE OF THE WEBSITE OR ANY ELEMENT OR COMPONENT THEREOF RESULTS IN THE NEED FOR SERVICE TO, OR REPLACEMENT OF, EQUIPMENT OR DATA, SAS IS NEITHER RESPONSIBLE NOR LIABLE FOR THOSE COSTS. YOUR USE AND BROWSING OF, AND ANY RELIANCE BY YOU UPON, THE WEBSITE ARE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY ELEMENT OR COMPONENT THEREOF, OR WITH ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE WEBSITE OR THE SERVICES TRANSMITTING THE WEBSITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE WEBSITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE WEBSITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE WEBSITE AND, WITHOUT LIMITING ANYTHING SET OUT IN THESE TERMS OF USE, AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE WEBSITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

Indemnification and Release

(a) You agree to indemnify, defend and hold SAS, its agents, suppliers, licensees, content providers, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the "Indemnified Parties") harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach by you of these Terms of Use and/or the Privacy Policy and/or any use by you of the Website or any element or component thereof.

(b) Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, Privacy Policy and/or any use by you of the Website. If you are a California resident, you expressly waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

General

These Terms of Use constitute the entire agreement between you and SAS and govern your use of the Website. The failure of SAS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. These Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Access to the Website may not be legal by certain persons or in certain countries. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You will comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re-export, or allow the export or re-export of any product, technology or information you obtain or acquire in connection with the Website (or any direct product thereof) in violation of any such laws, restrictions or regulations. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in which you are then-located. These Terms of Use are governed by the internal substantive laws of the State of New York, without regard to its conflict of law principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts in New York County, New York. To the fullest extent permitted by applicable law, no claim under these Terms of Use may be joined to any other claim, including any legal proceeding involving any other current or former user of the Website, and no class action proceedings will be permitted. © 2015 Ariela and Associates International LLC. All rights reserved.