little designer, big imagination
TERMS OF USE
Welcome to Smocksy LLC ("Smocksy", "We", "Us"). We are committed to offering you and your child the very best in superior service and products. Please read these Terms of Use ("Terms") very carefully as they may change from time to time.
The Terms of Use and conditions set out below apply to your use of the Smocksy web site (the "Website"), including the use of the information and services offered on the Website. By visiting the Website, you agree to abide by the Terms listed here. Smocksy may from time to time update, modify or add to the information, including these Terms of Use, and reserves the right to make such changes without any obligation to notify past, current or prospective users of the Website. Unless otherwise specified all new information shall be subject to these Terms of Use. Your continued use of the Website implies your acceptance with these Terms.
USE OF THE SITE
This Website is not intended for use by minors (defined as those who are not at least 18 years of age) without the consent and guidance of a parent or legal guardian. By agreeing to these Terms of Use, you represent that you are at least 18 years of age and you have given us your consent to allow any of your minor dependents to use the Website.
The Website is for your personal non commercial use and may be used solely for that purpose. The right to use the Website is subject to the following restrictions:
You are required to create a member account in order to use our services. During the time of registration you will be asked to enter certain information about yourself and/or your child and also create a password for your account. You agree to the following:
Smocksy has the right to terminate your account at any time without prior notice and with or without your prior consent to do so. You may also terminate your account with Smocksy at any time. On termination you will no longer have access to your account which includes any information, files, saved works and/or materials associated with your account. Smocksy will not be held liable to you in any way as a result of the deletion of such data.
INTELLECTUAL PROPERTY RIGHTS
Smocksy and/or its licensors own all rights, title and interest on the Smocksy.com website, including and without limitation to images, logos, graphics, artwork, illustrations, text, code, software and all/any associated property. The entire contents of the website are protected under the United States and International Copyright Laws. You agree not to copy, reproduce, prepare derivative works from, distribute, license, duplicate, publish, modify, distribute, resell, reuse or misuse the website and its entire contents in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Smocksy. You also agree not to conceal, alter or remove any copyrights and/or proprietary rights from the products and services you receive from the Website. Information and materials procured from a third party may be the subject of copyright owned by that third party.
Smocksy respects the intellectual property of other artists, if you believe in good faith that there has been an infringement on yours or another artists work, please contact us at smocksy@smocksy.com
THIRD PARTY LINKS
This website may contain links to other websites. Smocksy is not responsible for the content of any third party sites. You assume all responsibility and risk for your use of or reliance of these third party sites or any other material accessed through the Website. Other sites may also provide links to Smocksy. We do not endorse these sites nor will we be responsible for the content on these sites
REVISIONS AND ERRORS
Although Smocksy seeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, Smocksy does not make or give any warranty (express or implied) of any kind as to any matter relating to the Website. Smocksy does not guarantee that the Website will operate without interruption or be error free. In addition, Smocksy may also suspend, discontinue or make changes to any aspect of the Website without notice at any time. We shall not be liable to you or to any third-party for any direct or indirect loss as a result of such action.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the Website and services is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'AS IS' and 'AS AVAILABLE' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Smocksy, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Smocksy and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, harmless from any claim or demand, including reasonable legal and attorneys’ fees, due to or arising from your use of the Website and/or your account activities, or out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be construed in accordance with and governed by the laws of the State of New Jersey without regard to its conflict of law provisions.
Questions about the Terms of Use should be sent to us at smocksy@smocksy.com
Last Updated July 2024
Welcome to Smocksy LLC ("Smocksy", "We", "Us"). We are committed to offering you and your child the very best in superior service and products. Please read these Terms of Use ("Terms") very carefully as they may change from time to time.
The Terms of Use and conditions set out below apply to your use of the Smocksy web site (the "Website"), including the use of the information and services offered on the Website. By visiting the Website, you agree to abide by the Terms listed here. Smocksy may from time to time update, modify or add to the information, including these Terms of Use, and reserves the right to make such changes without any obligation to notify past, current or prospective users of the Website. Unless otherwise specified all new information shall be subject to these Terms of Use. Your continued use of the Website implies your acceptance with these Terms.
USE OF THE SITE
This Website is not intended for use by minors (defined as those who are not at least 18 years of age) without the consent and guidance of a parent or legal guardian. By agreeing to these Terms of Use, you represent that you are at least 18 years of age and you have given us your consent to allow any of your minor dependents to use the Website.
The Website is for your personal non commercial use and may be used solely for that purpose. The right to use the Website is subject to the following restrictions:
- The Website and its products may not be used for any commercial purpose or public display, performance, sale or rental;
- No copyright or other proprietary notices may be removed or concealed in any way;
- You will only use the Website and its products for lawful purposes and in accordance with these Terms of Use;
- You may not use this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- You may not use this Website in any way that is, or may be, damaging to this Website; or
- Transfer the materials to another person or "mirror" the materials on any other server.
You are required to create a member account in order to use our services. During the time of registration you will be asked to enter certain information about yourself and/or your child and also create a password for your account. You agree to the following:
- You certify that you are at least 18 years of age and a parent or legal guardian of the child to whom our services are being used by;
- You certify that the information collected to create an active account is true, accurate and current;
- You agree that the information submitted to us belongs to you and you are not falsely identifying yourself;
- You take full responsibility for all and any account activity whether or not you have authorized such activity; You will immediately notify Smocksy if there has been any unauthorized use of your account.
Smocksy has the right to terminate your account at any time without prior notice and with or without your prior consent to do so. You may also terminate your account with Smocksy at any time. On termination you will no longer have access to your account which includes any information, files, saved works and/or materials associated with your account. Smocksy will not be held liable to you in any way as a result of the deletion of such data.
INTELLECTUAL PROPERTY RIGHTS
Smocksy and/or its licensors own all rights, title and interest on the Smocksy.com website, including and without limitation to images, logos, graphics, artwork, illustrations, text, code, software and all/any associated property. The entire contents of the website are protected under the United States and International Copyright Laws. You agree not to copy, reproduce, prepare derivative works from, distribute, license, duplicate, publish, modify, distribute, resell, reuse or misuse the website and its entire contents in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Smocksy. You also agree not to conceal, alter or remove any copyrights and/or proprietary rights from the products and services you receive from the Website. Information and materials procured from a third party may be the subject of copyright owned by that third party.
Smocksy respects the intellectual property of other artists, if you believe in good faith that there has been an infringement on yours or another artists work, please contact us at smocksy@smocksy.com
THIRD PARTY LINKS
This website may contain links to other websites. Smocksy is not responsible for the content of any third party sites. You assume all responsibility and risk for your use of or reliance of these third party sites or any other material accessed through the Website. Other sites may also provide links to Smocksy. We do not endorse these sites nor will we be responsible for the content on these sites
REVISIONS AND ERRORS
Although Smocksy seeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, Smocksy does not make or give any warranty (express or implied) of any kind as to any matter relating to the Website. Smocksy does not guarantee that the Website will operate without interruption or be error free. In addition, Smocksy may also suspend, discontinue or make changes to any aspect of the Website without notice at any time. We shall not be liable to you or to any third-party for any direct or indirect loss as a result of such action.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the Website and services is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'AS IS' and 'AS AVAILABLE' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Smocksy, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Smocksy and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, harmless from any claim or demand, including reasonable legal and attorneys’ fees, due to or arising from your use of the Website and/or your account activities, or out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be construed in accordance with and governed by the laws of the State of New Jersey without regard to its conflict of law provisions.
Questions about the Terms of Use should be sent to us at smocksy@smocksy.com
Last Updated July 2024
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