Giiup.com Terms of Use

Last modified: October 16, 2013

AGREEMENT AND SERVICES

Smart Form Guide Pty Ltd“Smart Form Guide” and/or its Affiliates provide access to the Smart Form Guide Offerings subject to the conditions set out on this page. For purposes of these Terms of Use, the term "Affiliates" means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term “Smart Form Guide” means the web sites of Smart Form Guide Pty Ltd, including www.giiup.com, any other sites on which these Terms of Use are posted, and any other Smart Form Guide application, service or product licensed, downloaded or otherwise accessed by you through third party sites or sources, including the products and services available through any of the foregoing.

IF YOU ARE NOT CONSIDERED TO BE A RESIDENT OF THE EUROPEAN UNION ON THE BASIS OF THE INFORMATION THAT YOU PROVIDE TO US, THESE TERMS ARE ENTERED INTO BETWEEN YOU AND Smart Form Guide Pty Ltd.

IF YOU ARE CONSIDERED TO BE A RESIDENT OF THE EUROPEAN UNION ON THE BASIS OF THE INFORMATION THAT YOU PROVIDE TO US, THESE TERMS ARE ENTERED INTO BETWEEN YOU AND Smart Form Guide Pty Ltd.

Your use of the Smart Form Guide Offerings constitutes your express acceptance without reservation of these Terms of Use.

Use of the Smart Form Guide Offerings is also governed by the Privacy Policy and any other terms of use applicable to services you register to use within a Smart Form Guide Offering, including any amendments or updates thereto.

Use of the Smart Form Guide Software, as hereafter defined, is governed by the. Smart Form Guide Pty Ltd Terms.

Without limiting the foregoing, each of your Smart Form Guide Offering account(s) (each a "Smart Form Guide account"), if applicable, and participation in any Smart Form Guide Offerings are governed by these Terms of Use. The Smart Form Guide Offerings are always evolving, so it is important that you periodically check these Terms of Use, as well as the specific rules for any games or activities in which you choose to participate, for updates. If we revise these Terms of Use, such revision(s) will take effect immediately upon being posted within any Smart Form Guide Offering. As with our Privacy Policy, if you do not agree to any of these Terms of Use, you should discontinue using or participating in any and all Smart Form Guide Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a Smart Form Guide Offering, these Terms of Use will control.

ACCOUNT REGISTRATION

If you create a Smart Form Guide account within any Smart Form Guide Offering, you must provide truthful and accurate information to us in creating such account. If Smart Form Guide has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Smart Form Guide may suspend or terminate your ability to use or access a Smart Form Guide Offering, and refuse any and all current or future use of or access to any or all Smart Form Guide Offerings (or any portion thereof). Smart Form Guide requires all users to be over the age of thirteen (13).

Smart Form Guide reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.

You are solely responsible for all activity on any and all of your Smart Form Guide account(s) and for the security of your computer system. You should not reveal your username or password to any other person. Smart Form Guide will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Smart Form Guide and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your Smart Form Guide account(s). This includes illegal or improper use by someone to whom you have given permission to use your Smart Form Guide account(s) or whom you have negligently allowed to access your Smart Form Guide account(s). Smart Form Guide reserves the right to terminate your Smart Form Guide account(s) if any activity that occurs with respect to such account(s) violates these Terms of Use.

ELECTRONIC COMMUNICATIONS

When you access a Smart Form Guide Offering, send e-mails or electronically chat with Smart Form Guide , you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Smart Form Guide Offerings. You agree that all agreements, notices, disclosures and other communications that Smart Form Guide provides to you electronically satisfy any legal requirement that such communications be in writing.

VIRTUAL ITEMS

Certain Smart Form Guide Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs ("virtual items") that can be used while playing Smart Form Guide Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within a Smart Form Guide Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned.

You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Smart Form Guide Offering membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Smart Form Guide Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Smart Form Guide Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.

Smart Form Guide may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and Smart Form Guide will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Smart Form Guide Offering account is terminated or suspended for any reason, in Smart Form Guide’s sole discretion, or if Smart Form Guide discontinues any Smart Form Guide Offering or any portion or feature of any Smart Form Guide Offering.

Smart Form Guide has no liability for hacking or loss of your virtual items. Smart Form Guide has no obligation to, and will not, reimburse you for any virtual items lost due to your violation of these Terms of Use. Smart Form Guide reserves the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual items are subject to change without notice.

SOCIAL NETWORK SITES

If you a Smart Form Guide Offering via a third party social networking site, (a “Social Game”), you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.

If Smart Form Guide has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Smart Form Guide may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).

REVIEWS, COMMUNICATIONS AND SUBMISSIONS

Generally

Without limiting the scope of these Terms of Use, you agree to comply with our Forum FAQ and Review Guidelines when you submit reviews, forum posts and other content via any Smart Form Guide Offering. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the Smart Form Guide Offerings. Content standards may vary depending on where you are within a Smart Form Guide Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, and submitting any content, such as a review or post to any forums or message boards, within a Smart Form Guide Offering.

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Smart Form Guide Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Smart Form Guide does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Smart Form Guide Offerings. Smart Form Guide does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Smart Form Guide Offerings. You agree to indemnify Smart Form Guide and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Smart Form Guide Offerings.

Without limiting the generality of these policies and standards, the following actions are examples of behaviour that violate these Terms of Use and may result in any or all of your Smart Form Guide account(s) being immediately suspended or terminated:

  • Posting, transmitting, promoting, or distributing any content that is illegal

  • Harassing or threatening any other user of a Smart Form Guide Offering or employee or contractor of Smart Form Guide Impersonating another person, indicating that you are a Smart Form Guide employee or a representative of Smart Form Guide (if you are not), or attempting to mislead users by indicating that you represent Smart Form Guide in any way

  • Attempting to obtain a password, other account information, or other private information from any other user of a Smart Form Guide Offering

  • Uploading any software, files, photos, images or any other content to a Smart Form Guide Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program

  • Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam", or making any commercial use of any Smart Form Guide Offering.

  • Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.

  • Improperly using any game support functions or complaint buttons, or making false complaints or other reports to Smart Form Guide representatives.

  • Posting or communicating any player's real-world personal information within a Smart Form Guide Offering or by or through a Smart Form Guide Offering or any related bulletin board.

  • Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.

  • Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Smart Form Guide Offering, or using or launching any unauthorized script or other software.

  • Using a false e-mail address or otherwise disguising the source of any content that you submit within a Smart Form Guide Offering, or using tools which anonymize your internet protocol address.

  • Interfering or circumventing any Smart Form Guide Offering security feature or any feature that restricts or enforces limitations on use of or access to a Smart Form Guide Offering.

  • Attempting to sell any part of a Smart Form Guide Offering, including, without limitation, any virtual currency (if applicable), Smart Form Guide accounts and access to them in exchange for real currency or items of monetary or other value.

  • Engaging in cheating or any other activity that Smart Form Guide deems to be in conflict with the spirit of a Smart Form Guide Offering.

Public Nature of Communications

You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Smart Form Guide Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Smart Form Guide Offerings (other than with respect to the information you provide to us in establishing your Smart Form Guide account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Smart Form Guide Offering may be seen and used by others and may result in unsolicited communications. Smart Form Guide is not liable for any information that you choose to submit or communicate to other users on or through any Smart Form Guide Offerings, or for the actions of any other users of any Smart Form Guide Offering.

You represent and warrant that you have all necessary rights in and to any materials that you post within any Smart Form Guide Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Smart Form Guide and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Smart Form Guide permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Smart Form Guide Offering, you expressly grant Smart Form Guide the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.

Commercial Activity and Unsolicited E-mail

You may not use any portion of the Smart Form Guide Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Smart Form Guide Offerings, or otherwise exploit your participation on or through any Smart Form Guide Offerings for any commercial purpose.

Customer Reviews

You may submit reviews of certain Smart Form Guide Offerings. Use of the reviews feature is for your personal, non-commercial use and is at your own option and risk, and you must comply with the policies set forth in these Terms of Use and the Review Guidelines.

When you post a review, we will display your rating of the Smart Form Guide Offering, along with your user name and certain other information you may provide, such as your city and state location, skill level, favourite game and favourite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.

SMART FORM GUIDE SOFTWARE AND SMART FORM GUIDE UNLIMITED

We may require that you download certain software from Smart Form Guide, its principals or its licensors onto your computer ("Smart Form Guide Software"). Subject to your compliance with these Terms of Use, Smart Form Guide grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Smart Form Guide Software to participate in the Smart Form Guide Offerings. The Smart Form Guide Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the Smart Form Guide Software.

You will not be required to download any Smart Form Guide Software onto your computer if you choose to access Smart Form Guide Unlimited, Smart Form Guide’s streaming offering. Subject to your compliance with these Terms of Use, Smart Form Guide grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Smart Form Guide Unlimited service to access and play games on a streaming basis. Access to Smart Form Guide Unlimited is for your personal, non-commercial use. You may not reproduce, duplicate, copy, resell, modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from the Smart Form Guide Unlimited service or any games or other content contained therein.

EXCEPT AS STATED UNDER STATUTORY GUARANTEES AND WARRANTIES WHICH CANNOT BY LAW BE EXCLUDED, NEITHER BIG Smart Form Guide Pty Ltd. NOR ITS LICENSORS, NOR Smart Form Guide Pty Ltd IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY Smart Form Guide SOFTWARE OR Smart Form Guide UNLIMITED (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE Smart Form Guide SOFTWARE AND Smart Form Guide UNLIMITED, RESIDES WITH YOU.

THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES

THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES Any and all software, content and services (including advertising) within a Smart Form Guide Offering that are not owned by Smart Form Guide are “third party content and services”. Smart Form Guide acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Smart Form Guide Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Smart Form Guide does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, we reserve the right, in our sole discretion, to immediately terminate your participation in any or all Smart Form Guide Offerings, including any and all Smart Form Guide accounts you have established. You acknowledge that we are not required to notify you prior to terminating any such account.

TERMINATION OF ANY SMART FORM GUIDE ACCOUNT

Smart Form Guide and you each have the right to terminate or cancel any of your Smart Form Guide account(s), if applicable, at any time for any reason. You understand and agree that, subject to rights and remedies which are available to consumers that cannot by law be excluded, cancellation of your Smart Form Guide account(s) and/or ceasing use of any and all Smart Form Guide Offerings are your sole right and remedy with respect to any dispute with Smart Form Guide . This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in these Terms of Use or any other agreement between you and Smart Form Guide , including, without limitation, the Privacy Policy, or the enforcement or application of these Terms of Use or any other such agreement, including, without limitation, the Privacy Policy, (b) the content available on or through the Smart Form Guide Offerings, or any change in or to such content, (c) your ability to access and/or use any Smart Form Guide Offerings, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by Smart Form Guide on or through any Smart Form Guide Offering.

Smart Form Guide reserves the right to collect fees, surcharges or costs incurred before you cancel your Smart Form Guide account(s) or a particular subscription. In the event that your Smart Form Guide account or a particular subscription is terminated or cancelled, subject to rights and remedies which are available to consumers that cannot by law be excluded, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before Smart Form Guide may allow you to create any new or additional accounts. All virtual items are unconditionally forfeited if your Smart Form Guide account is terminated or suspended for any reason, in Smart Form Guide’s sole discretion, or if Smart Form Guide discontinues any Smart Form Guide Offering that includes virtual items.

Without limiting the foregoing provisions, if you violate these Terms of Use, Smart Form Guide may issue you a warning regarding the violation, or, in Smart Form Guide Game's sole discretion, immediately terminate any and all Smart Form Guide accounts that you have established with any Smart Form Guide Offering, with or without notice.

INTELLECTUAL PROPERTY RIGHTS

The names and logos, and other graphics, logos, icons, and service names associated with the Smart Form Guide Offerings are trademarks, registered trademarks or trade dress of Smart Form Guide or its licensors or principals in the United States and/or other countries. Smart Form Guide’s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Smart Form Guide , or in any manner that is likely to cause confusion among consumers or that disparages or discredits Smart Form Guide or any Smart Form Guide Offering. The compilation of all content on the Smart Form Guide Offerings is the exclusive property of Smart Form Guide and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Smart Form Guide Offerings unless we have expressly authorized you to do so in writing. All other trademarks not owned by Smart Form Guide that appear on the Smart Form Guide Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Smart Form Guide. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Smart Form Guide Offerings, you agree to indemnify and hold harmless Smart Form Guide and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.

LIMITATIONS ON WARRANTIES AND LIABILITY

The Smart Form Guide Offerings come with guarantees that cannot be excluded under the Australian Consumer Law. If the Smart Form Guide Offering consists of a good, you are entitled to a replacement or refund for a major failure and for compensation for any other loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If the Smart Form Guide Offering consists of a service, a failure to comply with a service guarantee is a major failure entitling you to terminate the services contract or seek compensation for the reduction in the value of the services below the price paid or payable for the service.

EXCEPT AS STATED UNDER STATUTORY GUARANTEES AND WARRANTIES WHICH CANNOT BY LAW BE EXCLUDED, YOU EXPRESSLY AGREE THAT THE USE OF ANY Smart Form Guide OFFERING, Smart Form Guide SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. EXCEPT AS STATED UNDER STATUTORY GUARANTEES AND WARRANTIES WHICH CANNOT BY LAW BE EXCLUDED, ALL Smart Form Guide OFFERINGS AND Smart Form Guide SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Smart Form Guide DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE Smart Form Guide OFFERINGS OR Smart Form Guide SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE Smart Form Guide OFFERINGS, Smart Form Guide SOFTWARE, NEWSLETTERS,E-MAILS OR OTHER COMMUNICATIONS SENT FROM Smart Form Guide ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCEPT AS STATED UNDER STATUTORY GUARANTEES AND WARRANTIES WHICH CANNOT BY LAW BE EXCLUDED, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Smart Form Guide IS TO STOP USING THE Smart Form Guide OFFERINGS AND Smart Form Guide SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR Smart Form Guide ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT Smart Form Guide IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A Smart Form Guide OFFERING BY, ANY Smart Form Guide OFFERING USER. IN NO EVENT SHALL Smart Form Guide’ OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO Smart Form Guide FOR YOUR PARTICIPATION IN ANY Smart Form Guide OFFERING. IN NO CASE SHALL Smart Form Guide OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY Smart Form Guide OFFERING OR Smart Form Guide SOFTWARE.

EXCEPT AS STATED UNDER STATUTORY GUARANTEES AND WARRANTIES WHICH CANNOT BY LAW BE EXCLUDED, YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT Smart Form Guide IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Smart Form Guide LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF Smart Form Guide OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING Smart Form Guide OFFERINGS AND Smart Form Guide SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

INDEMNIFICATION

Except as stated under statutory guarantees and warranties which cannot by law be excluded, you agree to defend, indemnify and hold harmless Smart Form Guide and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Smart Form Guide Offering. Without limiting your indemnification obligations described herein, Smart Form Guide reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

IMPORT TAXES AND FEES

When you buy physical goods (e.g. CD-ROM) through any Smart Form Guide Offering for delivery outside the United States, you are considered an importer and, as between you and Smart Form Guide , you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

EXPORT CONTROL LAWS

Certain Smart Form Guide Offerings may be subject to United States and international export controls. By accessing Smart Form Guide Offerings, you warrant that you are not located in any country, or exporting any Smart Form Guide Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Smart Form Guide Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.

OTHER LEGAL TERMS

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Smart Form Guide relating to this subject matter, and cannot be changed or terminated orally.

PRIVACY

Smart Form Guide respects the privacy of Smart Form Guide Offerings users. Please review our Privacy Policy, which also governs your access to and use of the Smart Form Guide Offerings, to understand our policies and practices with respect your personal information.

APPLICABLE LAW AND JURISDICTION

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of New South Wales, Australia, excluding its conflicts of law rules. You expressly agree that exclusive venue and jurisdiction for any claim or dispute you may have with Smart Form Guide based upon or in any manner related to any access or use by you of any Smart Form Guide Offering, shall be in the state and federal courts located in New South Wales, Australia. YOU AND Smart Form Guide AGREE THAT ANY CLAIM WILL BE HANDLED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR CLAIM. FURTHER, YOU AND Smart Form Guide EACH WAIVE ANY RIGHT TO A JURY TRIAL.

STATUTE OF LIMITATIONS

You and Smart Form Guide agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Smart Form Guide Offering, these Terms of Use or the Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.

CONTACT US

Smart Form Guide Pty Ltd

Level 1, 118 Main St,

Mittagong, NSW, 2575

AUSTRALIA


DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a Smart Form Guide Offering in a way that may constitute copyright infringement, you may provide notice of your claim to Smart Form Guide’s Designated Agent listed below. For your notice to be effective, it must include the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) A description of the copyrighted work that you claim has been infringed upon;

(iii) A description of where the material that you claim is infringing is located within the Smart Form Guide Offering;

(iv) Information reasonably sufficient to permit Smart Form Guide to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;

(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(vii) Smart Form Guide’s Designated Agent is:

Smart Form Guide Pty Ltd

Level 1, 118 Main St,

Mittagong, NSW, 2575

AUSTRALIA