These Website Terms of Use ("Terms") govern your access to and use of the website operated by Smartplay International Inc. ("Smartplay," "we," "us," or "our") at smartplay.com and any related e-commerce platform. By accessing or using the site, you agree to be legally bound by these Terms and our Privacy Policy. If you do not agree, please discontinue use immediately.
Acceptance of Terms
By accessing this website — whether as a registered user or a visitor — you represent that you have read, understood, and agree to be bound by these Terms in their entirety. These Terms constitute a legally binding agreement between you and Smartplay International Inc.
Smartplay reserves the right to modify these Terms at any time and without prior notice. Changes become effective upon posting to the site. Your continued use of the website after modifications are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms regularly.
These Terms incorporate by reference our Privacy Policy and, where applicable, any additional Online Purchase Terms and Conditions governing e-commerce transactions conducted through this site.
Website Use Requirements
You represent and warrant that all registration information you provide is accurate, complete, current, and truthful. You agree to maintain the accuracy of this information and to update it promptly if it changes.
Access to and use of this website must comply with all applicable laws and regulations of your local jurisdiction. You are solely responsible for ensuring that your use of the site is lawful in your country or region.
Each customer login account is personal and may not be shared with any other individual. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. Notify Smartplay immediately if you suspect any unauthorized use of your account.
Prohibited Activities
When using this website, you agree not to:
- Attempt to gain unauthorized access to any account, system, or network connected to the site.
- Use automated tools, bots, scrapers, crawlers, or similar mechanisms to extract data from the site without express written consent.
- Harass, threaten, defame, or otherwise harm any individual or entity through the site.
- Post, transmit, or distribute illegal, fraudulent, harmful, or offensive content.
- Infringe any intellectual property rights, including reproducing, distributing, or creating derivative works from site content without authorization.
- Use the site for commercial purposes outside of forums or areas expressly designated for such use.
- Transmit spam, chain letters, unsolicited promotional communications, or any form of bulk messaging.
- Introduce viruses, malware, or any other malicious or technologically harmful code.
- Misrepresent your identity or affiliation with any person or organization.
Intellectual Property
All content on this website — including but not limited to text, graphics, logos, images, audio and video clips, software, and the overall site design — is the exclusive property of Smartplay International Inc. or its content licensors and is protected by applicable copyright, trademark, patent, and other intellectual property laws.
The Smartplay name, logo, and all related product and service names, design marks, and slogans are trademarks of Smartplay International Inc. Nothing on this site should be construed as granting any license to use any trademark displayed without the prior written permission of Smartplay or the relevant third-party rights holder.
Any feedback, suggestions, ideas, or other information you provide to Smartplay regarding the website or its products and services shall become the exclusive property of Smartplay. You assign all rights in such submissions to Smartplay, and Smartplay may freely use, disclose, reproduce, commercialize, and exploit such submissions for any purpose without restriction, attribution, or compensation to you.
Disclaimer of Warranties
This website and all content, products, and services made available through it are provided on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied.
To the fullest extent permitted by applicable law, Smartplay expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Smartplay does not warrant that the site will be uninterrupted, error-free, or free of viruses or other harmful components, or that defects will be corrected.
Information published on this site may include technical inaccuracies or typographical errors. Smartplay reserves the right to make changes to the site content at any time without notice.
Limitation of Liability
To the maximum extent permitted by applicable law, Smartplay International Inc. and its officers, directors, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, loss of data, loss of goodwill, business interruption, or cost of substitute services.
This limitation applies regardless of the legal theory under which such damages are sought, whether in contract, tort (including negligence), strict liability, or otherwise — and even if Smartplay has been advised of the possibility of such damages.
In no event shall Smartplay's total aggregate liability to you for all claims arising from or related to your use of this website exceed the amount you paid to Smartplay in the twelve (12) months preceding the event giving rise to the claim, or USD $100, whichever is greater.
Indemnification
You agree to defend, indemnify, and hold harmless Smartplay International Inc. and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms.
- Your use of the website in a manner not authorized by these Terms.
- Your infringement of any intellectual property or other right of any person or entity.
- Any content you submit, post, or transmit through the website.
Dispute Resolution & Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the website that cannot be resolved informally shall be subject to the exclusive jurisdiction of the state courts of St. Louis County, Missouri, or the federal courts in the Eastern District of Missouri. You consent to personal jurisdiction in these courts and waive any objection to venue.
Before initiating any formal proceeding, both parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of at least thirty (30) days.
Changes to These Terms
Smartplay reserves the right to revise and update these Terms at any time at its sole discretion. All changes are effective immediately upon posting and apply to all access and use of the website thereafter.
We may — but are not obligated to — notify registered users of material changes via email or a prominent notice on the website. Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes.
Contact Information
If you have questions about these Terms or wish to report a violation, please contact us:
Smartplay International Inc.