Terms & Conditions
We - and by “we” or “us” or “our” we mean Beast Creative LLC and datasmugglers.com LLC and its associated companies, also referred to as “smkgame.com” - are sorry that we have to hassle you with all this legal stuff. Honestly, we are! But it is really important – it is really important, so please read on.
We’re in BETA (or pre-launch or 'soft-launch') phase and want as many people as possible using the Site, and we want to keep control of how it is used and what is posted. You should understand that what you are getting is a license (or a right) to use the Site and its content but with some limits.
“Shag Marry Kill” is a tongue-in-cheek time-waster based on a popular pub-game, with no winners and has no prizes. Importantly, we intend no slander or harm and will immediately (or very quickly) remove any copyright material or profile image which has been created and the OWNER of the image or the person IN the image wishes to have it removed from the game. Just email us at email@example.com
TO REPEAT , if you are IN an image or OWN an image on the Site and want that image removed, please provide the information we request in the “Copyright Complaints” section (or as much info as you can) below and let us know at firstname.lastname@example.org and we will remove the image pronto.
Your continued use of our Site is ratification of your consent to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement periodically. If you do not agree to these terms, it is your choice to not use our Site, otherwise you will be held to have agreed to these terms.
Registration on our Site is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason. If you are under 18, you may use the Site only with involvement of a parent or guardian. Users may not have more than one active account and are prohibited from selling, trading, or otherwise transferring your account a secondary or tertiary party.
Duty of Truthful Disclosure
If you use our Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If there is any unauthorized use of your account or any other breach of security we reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Access to Secure Areas
Access to password protected areas is only permitted to authorized users. Unauthorized individuals will not be able to avail themselves of any protection under this Agreement and may be subject to prosecution.
License Granted to You
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of us. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, or descriptions; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without the express written consent of us. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of smkgame.com so long as the link does not portray us, the Site, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any our logo or other proprietary graphic or trademark as part of the link without express written permission.
About the Site
The Site is an online entertainment service operated and owned by Beast Creative LLC and datasmugglers.com LLC.
The Site is located as part of smkgame.com which means that you will have access, through smkgame.com to other version of the game, as and when they come online.
This Agreement applies to all and any use of the Site and its content, including without limitation any games (or other interactive content) available for play or download from smkgame.com, and any games (or other interactive content) uploaded, submitted, posted or otherwise placed on the Site ("Games"), together with all and any comments, postings, emails, messages and other communications made to or using it or any message board or similar services run or made available on or through smkgame.com ("Communications"). Accordingly:
- Certain Games may be subject to additional terms and conditions of use as set out in the applicable end user license agreement;
- By using smkgame.com you undertake that you understand, accept and are able to accept the terms of this Agreement and agree to be bound by this Agreement;
- If you do not accept or understand the terms of this Agreement you should not use smkgame.com or any part of it including without limitation by using, posting or accessing the Games or Communications;
- If you are under the age of 18 or don’t understand these terms of this Agreement please ask a parent or guardian to explain their meaning to you;
- We may make alterations to this Agreement from time to time and these variations shall become effective immediately upon being accessible from www.smkgame.com/adland/terms-and-conditions
- Third party web sites with links from smkgame.com have not been verified or reviewed by us and use and access of such third party web sites is made at your own risk;
- You may be required to set up an account in order to use certain features of the Site, including setting up a username and password. Any username and password issued to you is personal to you, so that you can use and access smkgame.com and must not be disclosed to any third party without our prior written consent or let anyone other than you use your account; and
- All email and other communications sent by us and attachments thereto are intended only for the addressee and/or others authorized to receive them.
We reserve the right to refuse, cancel and/or limit access and use to the Site including, without limitation, the right to limit or prohibit use that, in our sole judgment, appear to constitute spam or similar activity.
You may not transfer, sub-license or deal in this right without our prior written permission.
Therefore, you agree NOT TO:
- use the Site or any material or content that you download for any commercial or business purpose;
- cause, directly or indirectly, any kind of loss or damage to us, the Site, or any Games or Communications due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading smkgame.com, Games or Communications or from transmissions via emails or attachments;
- include contact details intended to facilitate communication of any sort (email address, postal address, phone number, web address etc.) in your initial postings on the Site (this material can be shared after you have set up and account); and
- use your access to the Site, or information gathered from it, for the sending of unsolicited bulk email or any spam.
- Games and Intellectual Property Rights
By "Intellectual Property Rights" what we mean is all ownership rights and interests in copyright, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications of those rights and other like rights.
By “Content” we mean all Games uploaded, submitted, posted or otherwise placed on the Site by users as well as still images, GIF animations, JPGs, text or embedded links to 3rd party websites.
All Content, including Games uploaded, submitted, posted or otherwise placed on the Site by users as well as still images, GIF animations, JPGs, text or embedded links to 3rd party website shall be subject to the terms and conditions of the software products used for their development.
Except for those parts and elements which belong to and vest in the Site, including without limitation those which form part of, are derived from or are modifications of the Shag Marry Kill game itself, you will be responsible for the Content, including Games and you accept that full responsibility and liability for the Content rests solely with you. We shall have no liability in relation thereto.
By uploading, submitting, posting or otherwise placing any Content, including but not limited to images and text or creating a profile on the Site, you expressly agree and confirm that:
- you are not a minor or else have your parent’s or guardian’s permission to do so in accordance with this Agreement;
- you have read this Agreement and agree to its terms and understand them or have had them explained by a parent or guardian who does so;
- your Content, including but not limited to images and text or creating a profile may be used on and in connection with the Site;
- your username may be advertised and used in connection with your Content, including but not limited to images and text or creating a profile;
- you grant to us the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and license to use your Content, including but not limited to images and text or creating a profile on and in connection with the Site and to give all consents (if any) which we require including under copyright and other intellectual property, data protection and privacy laws world wide, for that use only;
- WHAT THIS MEANS: We will NOT sell your INFORMATION OR ANY EXTENSIONS (or anything else that you upload) or use them separately from smkgame.com WITHOUT YOUR PERMISSION; and
- BUT WHAT THIS ALSO MEANS: We can use what you upload on the Site and make it available to other users of the Site;
- you have the right to grant the above-mentioned license and permission;
- any Content, including images, text or Communication you submit and the use of it as envisaged by the terms of this Agreement does not and will not infringe any third party Intellectual Property Rights or other rights;
- you are entitled to grant the rights granted and you are not under any contractual or other obligations preventing you from doing so;
- you have received all necessary permissions and consents required for the use of any Content, including Games or Communication by us, as described in this Agreement; and
- that you have not granted any other person any rights that are inconsistent with the license granted above;
Copyright, Trade Marks and other Intellectual Property Rights
Unless otherwise stated, our Site, and all materials on our Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the Intellectual Property Rights (collectively, the “Site Contents”), are owned, controlled or licensed by us and other trademarks appearing on the Sites are the trademarks belonging to us and/or our subsidiaries, unless otherwise specified. All such Site Contents and Intellectual Property Rights are hereby asserted and reserved by us and the Site.
Our Site and the Site Contents are intended solely for personal, non-commercial use. Users are prohibited from using any of the Content for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of us or such third party which may own the Site Contents. Unless otherwise specified, our Site and the Site Contents are intended to promote our products available worldwide. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Site Contents available on or through our Site for commercial or public purposes.
In respect of the Site, smkgame.com, the Games and any Communications you shall not:
- o hack, attempt to hack, distribute, modify, transmit, re-use, re-post, or use any, all or part of them or the information contained therein for any purpose other than as set out above;
- make any commercial use without our prior written consent;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to them without our prior written permission;
- display, publish, copy, print, post or otherwise use them and the information contained therein for the benefit of any third party or web site without our prior written consent; and
- process or otherwise use the information contained on or within them for any illegal or immoral purpose or use or process the same unfairly.
You must retain all copyright notices and other proprietary notices contained on the Site, the Games and any Communications.
All third party Intellectual Property Rights are the property of their respective owners and we make no warranty or representation in relation thereto.
When you visit our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and we will communicate with you by e-mail or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Changes to Our Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue our Site or any service, content, feature or product offered through our Site, with or without notice; charge fees in connection with the use of our Site; modify and/or waive any fees charged in connection with our Site; and/or offer opportunities to some or all users of our Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Site, or any service, content, feature or product offered through the Sites.
If we makes a material modification to this Agreement, it will notify you by:
(i) Sending an email to the address associated with your account. We are not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add www.smkgame.com to the list of domains approved to send you email (commonly known as a “whitelist”); and
with (i) and (ii) being deemed sufficient notification, of such changes.
User Comment, Feedback, and Other Submissions
We are pleased to hear from users and welcome your comments regarding our products and services. Our longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We have the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or smkgame.com. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assumes no liability for any Comments posted by your or any third party.
Personal Information Submitted Through Our Site
We respect the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please notify us accordingly. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the claimed infringing material is located on our Site;
(iv) Your contact details;
(v) A statement that you have a, honestly held belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notice of claims of copyright or other intellectual property infringement can be reached at email@example.com
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to, among other things, the game, product descriptions, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Links to Other SItes
Our Site may contain links to other websites that are not under the control of us. We have no responsibility for the linked site nor does linking constitute an endorsement of any linked site. Links are provided solely for the convenience and information of the users of our site.
The materials on our Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. We expressly disclaim any duty to update or revise the materials on our Site, although we may modify the materials at any time without notice. Your use of our Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. We shall not be liable for any damages of any kind related to your use of the Sites.
We 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 contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
This Agreement shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit our liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Except as provided above there are 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 (but subject to your statutory and common law consumer rights).
We act as principal on our own account and not as agent for you or any other person.
These terms and conditions constitute the entire agreement between you and us and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
The Site is intended for Worldwide use and no representation or warranty is made as to whether the Site complies with the regulatory regime and local laws of any specific country.
By using the Site you undertake that you have the necessary hardware, software and capability required for its use including in relation to Games, Communications, email and web usage.
You agree to defend, indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of our Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in value but also in time and energy, both you and us agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (”Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail to us and by e-mail to you) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) To us at: firstname.lastname@example.org or
(2) To you at the address associated with your account.
Both you and us agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of New Zealand, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by a court of competent jurisdiction in New Zealand. The waiver of any provision of the Agreement shall not be considered a waiver of the right to enforce that same provision in the future or of any other provision or of our right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of our Site.
All questions, comments or enquiries should be directed to smkgame.com via email@example.com Auckland, New Zealand.
These terms are effective unless and until terminated by either you or us. You may terminate this Agreement at any time. We also may terminate this Agreement at any time without notice, and accordingly may deny you access to our Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
POSTED: JUNE 10 2013