Welcome to the terms and conditions page of SmartyMedia LLC. By using our website and services, you agree to comply with the terms and conditions outlined below. Please read them carefully before using our site.
1. Introduction
SmartyMedia LLC is a company that provides online services and products, specifically geared towards Roblox game development. However, it's crucial to note that SmartyMedia LLC is not affiliated, associated, authorized, endorsed by, or in any way officially connected with Roblox Corporation or any of its subsidiaries or its affiliates. Our website, located at smartyrbx.com, provides access to our services and products. By accessing or using our website, you agree to these terms and conditions.
2. Use of Site
You are granted a limited license to access and use our website for personal and non-commercial purposes only. You are not permitted to modify or download any portion of the website, except with our prior written consent. You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this site by any third party.
3. Intellectual Property Rights
The content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of SmartyMedia LLC or its content suppliers and protected by United States and international copyright laws.
4. User Submissions
SmartyMedia LLC does not claim ownership of any materials you submit or make available for inclusion on the website. However, by submitting or uploading any materials to our website, you grant SmartyMedia LLC a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, copy, modify, adapt, translate, publish, publicly display and distribute such materials on the website and in any other form or media.
5. Products and Services
SmartyMedia LLC offers various products and services on its website. These services do not guarantee success in Roblox game development, financial gain, or in-game currency accumulation. We reserve the right to modify or discontinue any product or service at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any product or service.
6. Disclaimer of Warranties and Limitation of Liability
SmartyMedia LLC makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. Participation in Roblox game development does not guarantee success, financial or otherwise, and no in-game currency results are guaranteed. You expressly agree that your use of this site is at your sole risk.
In no case shall SmartyMedia LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
7. Indemnification
You agree to indemnify, defend and hold harmless SmartyMedia LLC and our affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
8. Changes to Terms
SmartyMedia LLC reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes. SmartyMedia LLC may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms.
9. Termination
SmartyMedia LLC may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms or your smartyrbx.com account (if you have one), you may simply discontinue using the Site.
10. Disclaimer of Warranties
The Site is provided “as is”. SmartyMedia LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SmartyMedia LLC nor its suppliers and licensors make any warranty that the Site will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
11. Limitation of Liability
In no event will SmartyMedia LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SmartyMedia under this agreement during the twelve (12) month period prior to the cause of action. SmartyMedia shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty
You represent and warrant that your use of the Site will be in strict accordance with SmartyMedia LLC Privacy Policy, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
13. Indemnification
You agree to indemnify and hold harmless SmartyMedia LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any claims and expenses, including reasonable attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of these Terms.
14. Miscellaneous
Entire Agreement: These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and SmartyMedia LLC in relation to your use of the Site and supersede all prior agreements and understandings between us.
Washington State Law: These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Washington without regard to its conflict of law principles. Both parties agree to submit to the exclusive jurisdiction and venue of the courts located within the state of Washington for any disputes arising out of these Terms and Conditions.
Waiver and Severability: The failure of SmartyMedia LLC to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
Changes to Terms and Conditions: We reserve the right to update, change or replace any part of these Terms and Conditions at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
15. Mandatory Arbitration and Class Action Waiver
Mandatory Arbitration: Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by SmartyMedia LLC, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Class Action Waiver: You agree that you may bring claims against SmartyMedia LLC only in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
Arbitration Procedures: The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
Additional Provisions to SmartyMedia LLC Terms and Conditions
Explicitly Prohibited Actions
You agree not to engage in unlawful activities on the site, including but not limited to hacking, data mining, or scraping. Any attempt to exploit vulnerabilities in our system may result in immediate termination and legal action.
Third-Party Links
Our website may contain links to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites. Therefore, we cannot accept responsibility or liability for their respective privacy policies or content.
Data Collection and Compliance
Your privacy is important to us. We collect data in compliance with GDPR, CCPA, and other relevant privacy regulations. For more details on what data we collect and how it's used, please refer to our Privacy Policy.
Force Majeure
SmartyMedia LLC will not be responsible or liable for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event"). Our performance is deemed to be suspended for the period that the Force Majeure Event continues.
Termination for Violation
SmartyMedia LLC reserves the right to terminate your use of the site for violation of these Terms and Conditions, including but not limited to the explicitly prohibited actions. You will be notified of termination, and it is at SmartyMedia LLC's sole discretion whether you may be permitted to use the site again.
Survival of Terms
Sections relating to Intellectual Property Rights, Indemnification, Limitation of Liability, and Mandatory Arbitration will survive the termination of these Terms and Conditions.
Contact Information: If you have any questions about these Terms and Conditions, please contact us at support@smartyrbx.com.