Welcome to SmoothGestures.com (the "Site") owned and operated by DemandMagic, LLC (collectively, "SmoothGestures.com", "we", "our", or "us"). SmoothGestures.com provides online services, which enhance your browsing experience (collectively, the "Services") through the SmoothGestures.com software applications, browser extensions and other online applications (collectively, the "Apps"). The terms "you", "your," and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site, the Services and/or the Apps.
IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS OF SERVICE (THE, "AGREEMENT") NOT ONLY CONSTITUTE A LEGALLY BINDING TERMS AND APPLY TO YOUR USE OF SmoothGestures.COM, THE SERVICES AND/OR THE APPS BUT ALSO EXPLAIN THE SmoothGestures.COM BUSINESS MODEL. WE STRONGLY BELIEVE THAT YOU SHOULD UNDERSTAND OUR BUSINESS MODEL BEFORE YOU DOWNLOAD OUR APPS OR USE OUR SERVICES.
BY ACCESSING, VIEWING, BROWSING, VISITING OR USING SmoothGestures.COM, THE SERVICES AND/OR THE APPS, YOU AGREE AND ACKNOWLEDGE TO BE BOUND BY THIS AGREEMENT, WHETHER YOU ARE A "MEMBER" (WHICH MEANS YOU HAVE INSTALLED AN APP OR A RELATED SERVICE) OR A "VISITOR" (WHICH MEANS THAT YOU SIMPLY BROWSE THE SERVICES OR USE THE SERVICES WITHOUT BEING REGISTERED AS A MEMBER). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE SERVICES. YOU MAY PRINT A COPY OF THIS AGREEMENT HERE. WE RESERVE THE RIGHT TO MODIFY THE AGREEMENT AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING WITH THE SERVICES. ALL MATERIAL MODIFICATIONS WILL APPLY PROSPECTIVELY ONLY. YOUR CONTINUED USE OF THE SITE, THE APPS AND/OR THE SERVICES FOLLOWING ANY SUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND YOUR ACCEPTANCE OF THE AGREEMENT AS MODIFIED AND, IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE, THE APPS AND THE SERVICES. THEREFORE, IT IS IMPORTANT FOR YOU TO REVIEW THIS AGREEMENT REGULARLY.
ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO YOUR USE OF CERTAIN APPS AND/OR SERVICES OFFERED THROUGH THE SITE. PLEASE REVIEW ALL SUCH TERMS AND CONDITIONS BEFORE YOU USE ANY OF THE SERVICES.
YOU AGREE NOT TO USE SmoothGestures.COM OR SmoothGestures SERVICES IN ANY WAY THAT COMPETES WITH THE SITE, THE APPS AND/OR THE SERVICES AND OUR TECHNOLOGIES.
1. SmoothGestures.com Business Model
We urge you to read the whole Agreement. However, if you do not have the time to read through the entire document, please familiarize yourself with our business model, by reading this section carefully, before you download our Apps.
Our Apps are offered as free downloads from the Site. However, being free does not mean that there are no conditions or restrictions attached to your use of these Apps. On the contrary, these Apps are proprietary applications and made available to you subject to the terms and conditions of this Agreement and the end user license agreements, which may accompany these Apps. Likewise, the Services may also be offered as a free service but remain subject to the terms and conditions of this Agreement and any additional service-specific terms and conditions, which we may make available to you.
When you download an App to use the Services, the App is downloaded on to your browser and acts as an extension to extend your browsing experience. The App enables us to track and gather information from your web browsing experience, i.e., the websites you visit, your use of these websites, etc. Although we do not collect your personally identifiable information from your browsing experience. Effectively, we collect your information every time you use your browser. However, at no point, do we collect your credit card information. IF AT ANY TIME YOU WOULD LIKE TO UNINSTALL OUR APP, NORMAL UNINSTALL PROCEDURES CAN BE PERFORMED WITH THE BROWSERS' SOFTWARE EXTENSION OR ADD-ON FUNCTIONALITY.
2. General Usage: We grant you a limited license to use the Services for your personal non-commercial use in accordance with this Agreement, any instructions and guidelines posted on the Site and all applicable laws, rules and regulations.
We hereby grant you a limited, non-exclusive, non-transferable and non-sublicensable license to download and install the Apps onto your personal computer and use the Apps (in object code form) for the sole purpose of accessing and using the Services. The Apps are not sold but licensed to you under the terms and conditions hereunder. Except for the limited license expressly granted herein, you acknowledge and agree that we shall own all right, title and interest in and to the Apps, including without limitation all intellectual property rights therein. The Apps are for your personal use and are not for resale or other transfer or disposition to any other person or entity. In addition, you specifically agree not to: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Apps, or any part thereof; (b) attempt to derive the source code, audio library or structure of the Apps, or (c) sell, rent, lease, distribute, assign, sublicense, convey, transfer, pledge as security or otherwise encumber or transfer (including by loan or gift) the rights and licenses granted hereunder.
We reserve the right to discontinue any aspect of the Site, the Apps and/or the Services at any time. We further reserve the right to terminate your license to use the Apps and/or the Services at any time and for any reason, or in the future, to charge for commercial usage.
3. Services and User Responsibility: In order to use certain Services, you will have to register and create a unique, password-protected account with a username. We may refuse to grant you, and you may not use, a username that is already being used by someone else, that impersonates another person, that belongs to another person (without that person's prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion.
You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. We reserve the right to suspend or terminate your registration, without warning, if you are found to have misrepresented any registration information. You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security. You will be solely responsible for safeguarding your password and also for any actions under your account, whether authorized by you or not. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You are solely responsible for your use of the Site, the Apps and/or the Services. The Services may allow you to post or publish content to the Site such as text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials (collectively, "Your Content") that may be viewed on, accessed through, or contributed to the Service. You shall be solely responsible for Your Content and the consequences of submitting, publishing, and/or posting Your Content with the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions for Your Content submitted, published, and/or posted through use of the Services or the Site. You retain ownership rights in Your Content. However, by submitting Your Content to the Site, you grant us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display, Your Content in connection with the Site and the Services and our (and our successors' and affiliates') business and for publication of Your Content through the Services pursuant to this Agreement. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, and display Your Content as permitted through the Services and under this Agreement. You further warrant that Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not permit copyright infringing activities and infringement of intellectual property rights through the use of the Services, and we will remove Your Content, or any part thereof, if properly notified that such content infringes on intellectual property rights of a third party (see more in Digital Millennium Copyright Act and Infringing Materialbelow). We reserve the right to remove Your Content without prior notice. 4. SmoothGestures.com Content: You acknowledge and agree that the Site uses and contains proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties.
You agree not to alter or modify any part of the Site, the Apps and/or the Services. You agree not to distribute any part of the Site, the Apps and the Services or content offered by SmoothGestures.com but excluding Your Content ("SmoothGestures.com Content") without our prior written authorization, unless we allow and provide means for such distribution through the Services. SmoothGestures.com Content is provided to you AS IS. You may access SmoothGestures.com Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under this Agreement. You shall not copy, reproduce, download, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any SmoothGestures.com Content, except as allowed with the Services, without our prior written consent. We and our licensors reserve all rights not expressly granted in and to the Services and the SmoothGestures.com Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any SmoothGestures.com Content or enforce limitations on use of the Services or the SmoothGestures.com Content therein.
We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to SmoothGestures.com Content featured with the Services, and the SmoothGestures.com Content does not represent our advice, views, opinions or beliefs. In accessing SmoothGestures.com Content through use of the Services you may be exposed to content from a variety of sources, wherein you may consider certain portions to be inaccurate, offensive, or inappropriate. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to such content, and, to the extent permitted by applicable law, agree to indemnify and hold harmless us, our owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Site, the Apps and/or the Services. Additionally, the Services and/or the SmoothGestures.com Content may feature links to third-party websites not owned or controlled by us. The inclusion of a link to a third-party website does not imply any endorsement by, or affiliation with, us. Further, we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites featured with the Services and/or Content and cannot modify the content of any such third-party website. By using the Services, you expressly release us from any and all liability arising from your use of any third-party website featured with the Services and/or SmoothGestures.com Content.
5. Termination: We will terminate your access to the Site and/ or the Services if, under appropriate circumstances, you are determined to be a repeat infringer of others' intellectual property rights and/or engage in other activity in violation of this Agreement. We further reserve the right to decide whether Your Content violates this Agreement for reasons other than copyright infringement, such as, but not limited to, submitting Your Content featuring pornography, obscenity, or other such inappropriate material. We may at any time, without prior notice and in its sole discretion, remove such content and/or terminate your account for submitting such material in violation of this Agreement.
6. Digital Millennium Copyright Act and Infringing Material
As a matter of policy, we respect the rights of copyright owners to control the uses of their intellectual property and require our users to do the same. It is our policy to comply with the Digital Millennium Copyright Act ("DMCA") or any equivalent law. We reserve the right to: (i) block access to, or remove material that we believe, in good faith, infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers.
Uploading copyrighted material such as copyrighted photographs, art, text, and screenshots in violation of applicable copyright law violates this Agreement. We do not monitor Your Content for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the DMCA are taken seriously and may result, in our sole discretion, in removal of Your Content deemed to be infringing, termination of your use of the Services, plus fines or other legal action brought by copyright holders and their agents.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a complaint pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3), also at www.copyright.gov, for further detail):
An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with the above requirements for the DMCA complaint, your DMCA complaint may be rendered invalid.
Our Copyright Agent to receive notifications of claimed infringement can be reached by mail at DemandMagic, LLC, Attn: Copyright Agent, 128 Auburn Ct Ste 200, Thousand Oaks, CA, 91362, or by email at email@example.com.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, CA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the complaining party files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
We may document notices of allegedly-infringing Content upon which we act and may forward notices of alleged infringement to the party that submitted the allegedly-infringing Content, in addition to a third-party which may publish and/or annotate it. We generally do not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works which we, in our sole discretion, deem as reasonable.
7. Additional Intellectual Property: The trademarks, service marks, and logos featured with the Services and the Site, including, without limitation, DemandMagic, the DemandMagic logo, SmoothGestures.com and the SmoothGestures design (collectively, the "Marks"), are owned by or licensed to us, subject to trademark, copyright, and other intellectual property rights under the law and may only be reproduced as provided in this Agreement and/or with our express prior written permission. Other trademarks that appear on the SmoothGestures.com website that are not owned by or licensed to us (e.g., trademarks associated with third-party websites shown with links featured on the Services) are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
9. No Warranty and Limitation of Liability: WE PROVIDE THE SITE, THE APP AND THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOUR USE OF THE SITE, THE APPS AND/OR THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, MEMBERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. You understand and agree that your use of the Site, the Apps and/or the Services is at your own discretion and risk and that you will be solely responsible for any damages that arise from such use including, without limitation, for loss of data and or any type of malfunction to your computer. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, MEMBERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SITE, THE APPS AND/OR THE SERVICES AND ANY (I) ERRORS AND OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR UNSECURED AND SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE SITE, THE APPS AND/OR THE SERVICES OR WITH US SHALL BE TO TERMINATE USE OF THE SITE, THE APP AND THE SERVICES. The Services are controlled and offered from our facilities in the United States of America and we make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. Indemnity: To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our parent corporation, owners, members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site, the Apps and/or the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Services.
11. Ability to Accept Agreement: You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services.
12. General: You agree that: (i) the Services shall be deemed solely based in Texas; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from this Agreement shall be decided exclusively by a mutually agreed upon arbitrator located in the jurisdiction of Harris County, Texas. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE APPS AND/OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You acknowledge that neither this Agreement, nor your use of the Site, the Apps and/or the Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us and you.
QUESTIONS AND COMMENTS
If you have any questions or comments about this Policy, you may contact us at:
DemandMagic, LLC128 Auburn Ct, Ste 200Thousand Oaks, CA firstname.lastname@example.org