Terms of Service
Welcome to Smarter Pedia!
Smarter Pedia Is owned and operated by Bodiam Zon LLC.
These are the terms and conditions for:
https://www.smarterpedia.com(Hereby “Smarter Pedia”).
By using the website and search engine, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not accept all of these terms, then you may not use the services. In these terms, "we", "us", "our" and “Smarter Pedia” refers to Smarter Pedia Limited and "you" and “your" refers to you, the user of the Smarter Pedia.
The following terms and conditions apply to the website and search engine functionality offered by Smarter Pedia. This includes the mobile and tablet versions as well as any other version of Smarter Pedia accessible via desktop, mobile, tablet, social media or other devices.
vPLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Smarter Pedia. By using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the service. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Smarter Pedia website. You agree to be bound by any modification to this terms and conditions when you use the services after any such modification is posted; it is therefore important that you review this agreement regularly. You represent and warrant that your use of the website does not violate any applicable law or regulation. Smarter Pedia may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.2. ELIGIBLITY
You may use the website only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of the website for people under 13 years old is limited to the permission and authorization of their parents or legal guardians. They must be supervised and receive proper guidance in their use of our platform. It is the sole and exclusive responsibility of the parents or legal guardians of minors, the use of the platform and the content that underage users host in the subdomains. Minors may vary according to the jurisdiction and local laws from where the services and the platform are used. It is the responsibility of parents and legal guardians to determine whether any of the content and services are appropriate for their child.
By using the services, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
The use of the website may not be used in connection with any commercial purposes, except as specifically approved by Smarter Pedia. Unauthorized framing of or linking to any of Smarter Pedia is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.
3. DISCLAIMER
The use of the content of the websites that appear in the search results of our website is at your own risk and responsibility. The use of the information and content of the websites and the actions taken on these websites are the sole and exclusive responsibility of the users who use them. Smarter Pedia is not responsible for the content of websites that appear in our search engine searches, or for actions taken on these websites. Smarter Pedia is only responsible for providing search results.
By using the search engine, you accept sole, exclusive and personal responsibility for the results of your actions when you enter the websites and perform any action on these websites.
Your use of the information contained in the websites provided in the search results should be based on your own diligence. You agree and declare that Smarter Pedia is not responsible for any success or failure that is directly or indirectly related to the content of the websites you have accessed through the search engine.
Through your use of the Smarter Pedia search engine you may find links to third party sites or be able to interact with third party sites. These third parties may charge a fee for the use of certain content or services provided on or through their websites. Therefore, you should make any investigation you deem necessary or appropriate before proceeding with any transaction with any third party to determine whether a fee will be incurred. Any interaction with third party sites and applications is at your own risk. You expressly acknowledge and agree that Smarter Pedia is in no way responsible for such third party sites.
We make no representations or warranties of any kind (expressed or implied) about the completeness, accuracy, reliability, suitability or availability of any information, products, services available through the websites listed in the search results on our website. Our goal is to provide you with accurate information at the time of your search, but it is understandable that some information may become less accurate over time. If you find any inaccurate information, please do not hesitate to contact us, and we will be able to update such information as soon as possible.
Smarter Pedia may receive compensation through Google AdSense for posting ads on our website and in our search engine searches. Smarter Pedia does not control in any way the quality, safety, or legality of any item, service, or information that appears in ads on our website via Google AdSense. The purchase of products and services through advertisements displayed on our website and in our search engine results is at your own risk and responsibility.
4. LICENSE TO USE THE PLATFORM
Smarter Pedia gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the search engine provided by Smarter Pedia through the website. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Smarter Pedia, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of Smarter Pedia or third parties.
This service prohibits the hosting of content that: (1) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (2) distribute trojans, viruses or other malicious computer software (3) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (6) distribute intellectual property without ownership or a license to distribute such property (4) Breach, in any way, the terms of service, privacy policy or rules of this web site or the recipients.
Smarter Pedia reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Smarter Pedia believes that you have violated any of these terms or interfered with the use of the services by others.
5. THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
6. USER CONTENT
Certain website and search engine features may allow users to share and provide content, which may consist of the websites' IP addresses. Users retain any copyright and intellectual property rights they may have in the content of the websites that appear in the search engine results Users are solely and exclusively responsible for their content and the consequences of publishing their content. By providing content and the IP address of the websites for the purpose of appearing in our search engine results, you grant Smarter Pedia a worldwide, non-exclusive, royalty-free, fully paid (with the right to sublicense) right and license to host, store, publish, display, and perform your user content for the purposes described in these terms.
7. USER CONTENT REPRESENTATIONS AND WARRANTIES
Smarter Pedia disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the service. By providing user content via the service, you affirm, represent, and warrant that:
a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Smarter Pedia and users of the service to use and distribute your user content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Smarter Pedia, the service, and these Terms.
b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Smarter Pedia to violate any law or regulation.
c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.
8. REVIEW AND CONTROL OF USER CONTENT
We are not obligated to edit or control the user content that you or other users post or edit, and we are not in any way responsible for the user content. However, Smarter Pedia may, at any time and without notice, review, remove, edit or block any user content that we believe violates these Terms or is otherwise objectionable. You understand that, by using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and relinquish, any legal or equitable rights or remedies you have or may have against Smarter Pedia with respect to User Content. If a user or content owner is notified by a user or content owner that user content allegedly does not comply with these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Smarter Pedia does not allow copyright infringing activities on the service.
You acknowledge and agree that Smarter Pedia reserves the right to, and without prior notice, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Smarter Pedia chooses to monitor content, Smarter Pedia does not assume any responsibility for reviewing such content. During the review of the content, the information may be examined, recorded, copied and used in accordance with our Privacy Policy.
9. ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the sites listed in our search engine searches is accurate, legal, complete or current. The content of the websites that appear in the search results is not under the control or responsibility of Smarter Pedia. Use the information, content and services available on these websites with restraint and caution. Any use of the material and content provided through the websites listed in the search engine is at your own risk and responsibility.10. COPYRIGHT
All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilations and software, is the property of Smarter Pedia, its merchants or content providers and the websites listed in the searches and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Smarter Pedia and content providers provided through searchable IPs and is protected by international copyright laws. All software used on this site is the property of Smarter Pedia or its software suppliers and is protected by international copyright laws.v
Smarter Pedia contains third-party content that is displayed to visitors when they use the search engine, which is protected by copyright, trademark, patent, trade secret and other laws. Smarter Pedia does not hold any copyright or intellectual property rights over the content available through the websites displayed on the search engines. You are not authorized to copy, transmit, distribute, display, or upload from our website in any way without the prior written approval of the respective content owners, any content that appears through searches. Any alteration or use of the content outside the guidelines of these Terms and Conditions violates intellectual property rights. By accessing our services, you do not possess any right or title to our content or other intellectual property.
11. COPYRIGHT COMPLAINTS
Smarter Pedia respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Smarter Pedia services infringe upon your copyright or other intellectual property right, please send the following information to:
i. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
ii. A statement specifically identifying the location of the infringing material, with enough detail that Smarter Pedia may find it on the Smarter Pedia website. Please note: it is not sufficient to merely provide a top-level URL.
iii. Your name, address, telephone number and e-mail address.
iv. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
v. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
vi. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
12. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Smarter Pedia or licensed to the Smarter Pedia by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the services. Additionally, you agree not to:
i. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Smarter Pedia;
ii. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
iii. Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
iv. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
v. Deep-link to any portion of the services for any purpose without our express written permission;
vi. "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
vii. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Smarter Pedia in connection with the services;
viii. Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or
ix. Download any Content unless it’s expressly made available for download by Smarter Pedia.
13. Smarter Pedia RESPONSIBILITIES
Because of the nature of the Internet Smarter Pedia provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the services in breach of these terms you will be liable to and will reimburse, Smarter Pedia for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Smarter Pedia liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Smarter Pedia will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Smarter Pedia excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Smarter Pedia and Smarter Pedia shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
14. INDEMNIFICATION
You agree to defend and indemnify Smarter Pedia and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
15. SECURITY COMPONENTS
You understand that Smarter Pedia and software embodied within Smarter Pedia may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Smarter Pedia and/or content providers who provide content to Smarter Pedia platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Smarter Pedia.
16. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Smarter Pedia for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
17. CHANGES AND TERMINATION
We may change the website, services and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the services constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
18. PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the purchase of products will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
19. INTEGRATION CLAUSE
This agreement together with the Privacy Policy and any other legal notices published by Smarter Pedia, shall constitute the entire agreement between you and Smarter Pedia concerning and governs your use of the services.
20. HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
21. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, application, interpretation, or validity of these Terms or the use of the services shall be settled by binding arbitration between you and Smarter Pedia, except that each party retains the right to bring an individual action in court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
22. FINAL PROVISIONS
These Terms are governed by the law of USA. Use of our services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our services or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.