2SMRT4U Terms of Use Agreement
PLEASE READ THESE TERMS OF USE (the “Agreement”) CAREFULLY BEFORE USING THIS WEBSITE. 2SMRT4U.COM (“2SMRT4U.COM” or the “Site”) is a part of the partnership between MTV Networks, a division of Viacom International Inc. (together with other subsidiaries and affiliates of Viacom International Inc. are referred to as "MTVN Affiliates") and the National Center for Missing and Exploited Children (“NCMEC”) (collectively, the “2SMRT4U.COM Entities” or “We”). By accessing and using this Site, you are hereby agreeing to be legally bound by these terms and conditions. If you do not agree with all of the following terms of use, please do not use this Site.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and the 2SMRT4U.COM Entities. In this Agreement, the term "Site" includes all websites and webpages within 2SMRT4U.COM as well as any equivalent, mirror, replacement, substitute or backup websites and webpages thereto and thereof. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"). The Site may also provide rules of participation ("Rules") for certain activities and services including, but not without limitation, contests and sweepstakes, awards programs, membership clubs and email. The Site's Privacy Policy, Additional Terms, and any Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. Additional Terms include, but are not limited to, the Social Project Terms of Use. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, Privacy Policy, Additional Terms, or Rules, including any indemnifications, warranties, and limitations of liability.
The content that appears on this Site is for information purposes only. Before you act on information that you find on this Site, 2SMRT4U.COM encourages you to confirm any facts that are important to you and the decisions you make. While 2SMRT4U.COM strives to provide useful and accurate information on our Site, you should know that errors may appear from time to time. The content and materials posted by you, other users and third parties is not endorsed by the 2SMRT4U.COM Entities, nor do We guarantee the accuracy of any postings.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of the 2SMRT4U.COM Entities and/or their subsidiaries, affiliates, assigns, licensors or other respective owners or rights holders, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. 2SMRT4U.COM hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of 2SMRT4U.COM. Use of 2SMRT4U.COM's and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
ELIGIBILITY OF REGISTERED USERS
In order to enjoy certain interactive services on the Site, we may require users to register as a member or otherwise ask users to provide certain information about themselves. Certain features are available only to qualified visitors. You are solely responsible for any and all use of your account and for keeping your registration information current and confidential, and you agree to notify us immediately if you suspect any unauthorized use of your account. We reserve the right to terminate at our sole discretion any registration We believe has been registered using false information.
To learn how we may use the information we collect, please read our Privacy Policy.
MESSAGE BOARDS AND OTHER POSTINGS
To the extent that portions of this Site provide users an opportunity to submit, post, and exchange ideas, information and other material (the ”Postings”) and their online user names (the “User Names”), please be advised that Postings do not necessarily reflect the views of the 2SMRT4U.COM Entities, or their affiliates. In no event shall the 2SMRT4U.COM Entities assume or have any responsibility or liability for any Postings or User Names or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings and User Names you provide and all information they contain and that such Postings and User Names shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
By submitting a Posting, you hereby authorize the 2SMRT4U.COM Entities to use, and authorize others to use, your Postings and User Names in whole or in part, on a royalty-free basis throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature, including without limitation commercial use on and advertising and promotion of the Site. Without limiting the foregoing, the 2SMRT4U.COM Entities will have the right to use and change the Postings in any manner, either with or without the User Name, that the 2SMRT4U.COM Entities may determine. Notwithstanding the foregoing, the 2SMRT4U.COM Entities will have no obligation to use the Postings or the User Names. Additionally, the 2SMRT4U.COM Entities may sweep its message boards and Postings regularly in its sole discretion. Please be advised that in no event shall the 2SMRT4U.COM Entities assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on the Site, affiliated television program services or elsewhere.
You may use this Site only for lawful, non-commercial purposes. You may not submit or transmit through this Site (whether via discussion boards, user-generated pages, messaging services or otherwise) any material, or otherwise engage in any conduct, that:
- violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, vulgar, profane, obscene, or any other information that 2SMRT4U.COM deems in its sole discretion to be inappropriate for this Site;
- victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
- harms minors in any way;
- impersonates any person, business or entity, including the 2SMRT4U.COM Entities or employees and agents or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
- involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Site;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
- otherwise interferes with the use or enjoyment of this Site by others;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- is intended to promote and/or generate revenue for any third party business activity; or
- violates these Terms of Use or any guidelines or policies posted on this Site.
The Site discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will bounce back to the user. For purposes of clarity, "masked" vulgarity, obscenity or profanity (e.g., "f*cK") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting, message or otherwise on the Site. 2SMRT4U.COM reserves the right to delete any such material from the Site. The 2SMRT4U.COM Entities will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use.
You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
Although 2SMRT4U.COM regularly monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, we will make every effort to ensure that the message boards best serve the interests of all users and, therefore, reserves the right to refuse to post, edit, or delete messages that contain any of the above referenced elements, as well as revoke the privileges of users who do not comply with such rules.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please click here to send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2SMRT4U.COM is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE 2SMRT4U.COM ENTITIES AND THEIR RESPECTIVE PARENT(S) AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THE 2SMRT4U.COM ENTITIES OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall the 2SMRT4U.COM Entities' liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or banners generated by third parties does not constitute endorsement by the 2SMRT4U.COM Entities, their parent(s), subsidiaries and/or affiliates, of the opinions or views expressed by these third party websites and the Site does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, the 2SMRT4U.COM Entities are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither the 2SMRT4U.COM Entities nor their subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, the 2SMRT4U.COM Entities will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, the 2SMRT4U.COM Entities and their respective parent(s) and affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. The 2SMRT4U.COM Entities reserve the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the 2SMRT4U.COM Entities in asserting any available defenses.
COPYRIGHT
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.
ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please feel free to contact us 2SMRT4U@mtvn.com.
MISCELLANEOUS
This Site is operated and controlled from within the United States of America. This Site is intended exclusively for residents of the United States. We make no representation that content on this Site is appropriate or available for use in locations outside the United States and accessing it from territories where such content is illegal is prohibited. If you choose to access this Site from a location outside the United States, you do soon your own initiative and you alone are responsible for compliance with local laws. Under no circumstances are the 2SMRT4U.COM Entities nor their parent(s), subsidiaries and/or affiliates responsible for ensuring that the Site is in compliance with the local laws of jurisdictions outside the United States. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York.
If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action against the 2SMRT4U.COM Entities, their parent(s), subsidiaries and/or affiliates arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
For your information, this page was last updated on May 14, 2009.