Terms Of Acceptable Use Policy

Terms Of Acceptable Use
Policy

Last updated: Dec 10, 2008

Smarket Ltd reserves the right to modify
this Policy at any time, effective upon posting of the modified Policy
to this URL. Any modifications to this Policy will be made when Smarket Ltd determines if it is appropriate and it is the
responsibility of all users of Smarket Ltd network to
ensure their awareness of any such changes.

Affiliate Programs

Where as an affiliate program offered through a third
party’s service, like ClickBank® the third party’s terms and policies
apply.

Different rules and commission plans may exist to separate
events and different products.

Anti-Spam E-Mail
Policy

The following terms govern and apply to all the domain
names, their sub-domains and sub-directories that relate to and constitute
the property of Smarket Ltd. This sets forth our policy
with regard to the use of “Spam” marketing techniques in connection
with Internet Marketing. In the event that we deem you to be in violation
of these policies, we shall immediately revoke your membership rights
and close any active account.

We have a strict policy against spamming. We forbid the sending of
unsolicited mass Emails or unsolicited Emails of any kind in connection
with the marketing of our programs, products and services.

We reserve the right to terminate your account and participation in
our programs “for cause” if we deem you to be in violation of our anti-spamming
policies. We also reserve the right to suspend your account and participation
pending review upon receipt of any complaint or other evidence that
you may be engaging in any spamming activity.

We consider spamming to be any activity whereby you directly or indirectly
transmit email messages to any email address that has not solicited
such email and does not consent to such transmission. We also consider
spamming to constitute posting advertisements in newsgroups in violation
of the terms of participation in such newsgroup, that are off topic,
or in newsgroups that do not specifically permit advertisements. We
also consider it spamming when advertisements are placed on message
boards or in chat rooms when they are not permitted by the terms of
participation in such message boards and chat rooms.

In specific:

{*} Smarket Ltd strictly prohibits harassment,
whether through language, frequency, or size of messages. Forging of
header information is not permitted.

{*} Smarket Ltd does not allow unsolicited mail (UCE).
This includes “Spamming” and “Bulk Mail” sent to persons who have otherwise
not requested to receive such mail. The reason for this is that not
only is it generally frowned upon by the internet community, but it
also demands extra bandwidth to handle the effects of such mail.  Users’
accounts found to be sending UCE will be terminated without notice.

{*} Smarket Ltd prohibits the emailing to email addresses
that you have purchased from any type of “optin lead providing service”.

It is explicitly prohibited to send unsolicited mail messages (“Junk
mail” or “spam”) of any kind (commercial advertising, political tracts,
announcements etc.). Users may not forward or propagate chain letters
nor malicious e-mail. A user may not solicit mail for any other address
other than that of the user, except with full consent of the owner
of the referred address.

Complaints regarding Illegal Use or System or network Security issues,
Email abuse, or Spamming should be reported through the HelpDesk at

Privacy Policy

Smarket Ltd is committed to protecting
the privacy of our online visitors. We collect information from online
visitors who ask to be on our newsletter/lists and/or receive periodic
email announcements. Anyone who wishes can choose to be removed from
our mailing list at any time.

In addition, online visitors who wish to purchase a membership through
our Web site must provide their name, email address, mailing address,
phone number, and credit card number and expiration date. All credit
card transactions occur over a secure connection.

All online visitor data collected by Smarket Ltd is protected
against unauthorized access. We will not sell, trade, or give your
personal information to other companies or organizations.

Smarket Ltd strives to offer their visitors
the many advantages of Internet technology and to provide an interactive
and personalized experience. We may use Personally Identifiable Information
(your name, e-mail address, street address, telephone number) subject
to the terms of this privacy policy. We will never sell, barter, or
rent your email address to any unauthorized third party.

How we gather information from user

How we collect and store information depends on the
page you are visiting, the activities in which you elect to participate
and the services provided. For example, you may be asked to provide
information when you register for access to certain portions of our
site or request certain features, such as newsletters or when you make
a purchase. Like most Web sites, Smarket Ltd also collects
information automatically and through the use of electronic tools that
may be transparent to our visitors. For example, we may log the name
of your Internet Service Provider or use cookie technology to recognize
you and hold information from your visit. Among other things, the cookie
may store your user name and password, sparing you from having to re-enter
that information each time you visit, or may control the number of
times you encounter a particular advertisement while visiting our site.
As we adopt additional technology, we may also gather information through
other means. In certain cases, you can choose not to provide us with
information, for example by setting your browser to refuse to accept
cookies, but if you do you may be unable to access certain portions
of the site or may be asked to re-enter your user name and password,
and we may not be able to customize the site’s features according to
your preferences.

What we do with the information we collect

Like other Web publishers, we collect information to
enhance your visit and deliver more individualized content and advertising.
By submitting your information via a form on our website you are signifying
your consent that we may use the contact information you submitted
to fulfill and answer your request for the information.

Aggregated Information (information that does not personally
identify you) may be used in many ways. For example, we may combine
information about your usage patterns with similar information obtained
from other users to help enhance our site and services (e.g., to learn
which pages are visited most or what features are most attractive).
Aggregated Information may occasionally be shared with our advertisers
and business partners.

Our contributors to “deal time” events including product
contributors in other productios can be provided with your customer
information so that they may fulfill delivery and customer support
for the products you have been provided as part of your purchase.

We may use Personally Identifiable Information collected
on our sites to communicate with you about your registration and customization
preferences; our Terms of Service and privacy policy; services and
products offered by us and other topics we think you might find of
interest.

Personally Identifiable Information collected by us
may also be used for other purposes, including but not limited to site
administration, troubleshooting, processing of e-commerce transactions,
and other communications with you. Certain third parties who provide
technical support for the operation of our site (our Web hosting service
for example and our programmers) may access such information. We will
use your information only as permitted by law. In addition, from time
to time as we continue to develop our business,
we may sell, buy, merge, partner, or joint venture with other companies
or businesses. In such transactions, user information may be among
the transferred assets. We may also disclose your information in response
to a court order, at other times when we believe we are reasonably
required to do so by law, in connection with the collection of amounts
you may owe to us, and/or to law enforcement authorities whenever we
deem it appropriate or necessary. Please note we may not provide you
with notice prior to disclosure in such cases.

Affiliated sites, linked sites and advertisements

We are not necessarily affiliated with sites that may
be linked to this site and are not responsible for their content. The
linked sites are for your convenience only and you access them at your
own risk. Links to other websites or references to products, services
or publications other than those of Smarket Ltd, do not
imply the endorsement or approval of such websites, products, services
or publications.

In specific:

We expect our partners, advertisers and affiliates to
respect the privacy of our users, visitors, customers. Be aware, however,
that third parties, including our partners, advertisers, affiliates
and other content providers accessible through our site, may have their
own privacy and data collection policies and practices. For example,
during your visit to our site you may link to, or view as part of a
frame on our page, certain content that is actually created or hosted
by a third party. Also, through us you may be introduced to, or be
able to access, information, web sites, features, contests or sweepstakes
offered by other parties. We are not responsible for the actions or
policies of such third parties. You should check the applicable privacy
policies of those third parties when providing information on a feature
or page operated by a third party.

While on our site, our advertisers, promotional partners
or other third parties may use cookies or other technology to attempt
to identify some of your preferences or retrieve information about
you. For example, some of our advertising is served by third parties
and may include cookies that enable the advertiser to determine whether
you have seen a particular advertisement before or were referred to
their site while visiting one of our websites. Other features available
on our site may offer services operated by third parties and may use
cookies or other technology to gather information. We do not control
the use of this technology by third parties or the resulting information,
and are not responsible for any actions or policies of such third parties.

You should also be aware that if you voluntarily disclose
Personally Identifiable Information on message boards or in chat areas,
that information can be viewed publicly and can be collected and used
by third parties without our knowledge and may result in unsolicited
messages from other individuals or third parties. Such activities are
beyond the control of this policy.

Minors

We do not knowingly collect personal information from
children under the age of 13. If we learn that we have personal information
on a child under the age of 13, we will delete that information from
our systems. The Internet Company encourages parents to go online with
their kids. Here are a few tips to help make a child’s online experience
safer: Teach kids never to give personal information, unless supervised
by a parent or responsible adult. Includes name, address, phone, school,
etc. Know the sites your kids are visiting and which sites are appropriate.
Look for Web site privacy policies. Know how your child’s information
is
treated. Check out the FTC’s site http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html for
more tips on protecting children’s privacy online.

Database Ownership, License, and Use

We warrant, and you accept, that we are the owner of the copyright
of the Databases of Links to articles and resources available from
time to time. Smarket Ltd and our contributors reserve
all rights and no intellectual property rights are conferred by this
agreement.

We grant you a non-exclusive, non-transferable license
to use database(s) accessible to you subject to these Terms and Conditions.
The database(s) may be used only for viewing information or for extracting
information to the extent described below.

You agree to use information obtained from our databases
only for your own private use or the internal purposes of your home
or business, provided that is not the selling or broking of information,
and in no event cause or permit to be published, printed, downloaded,
transmitted, distributed, reengineered, or reproduced in any form any
part of the databases (whether directly or in condensed, selective
or tabulated form) whether for resale, republishing, redistribution,
viewing, or otherwise.

Nevertheless, you may download or print out individual
pages of information that have been individually selected, to meet
a specific, identifiable need for information which is for your personal
use only, or is for use in your business only internally, on a confidential
basis. You may make such limited number of duplicates of any output,
both in machine-readable or hard copy form, as may be reasonable for
these purposes only. Nothing herein shall authorize you to create any
database, directory or hard copy publication of or from the databases,
whether for internal or external distribution or use.

Links and Marks

Certain names, graphics, logos, icons, designs, words,
titles or phrases at this website may constitute trade names, trademarks
or service marks of Smarket Ltd or of other entities.
The display of trademarks on our website does not imply that a license
of any kind has been granted. Any unauthorized downloading, re-transmission,
or other copying of modification of trademarks and/or the contents
herein may be a violation of federal common law trademark and/or copyright
laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential
any Subscriber Code, username, user ID, or password which you may have
received from us, and all information to which you have access through
password-protected areas of Smarket Ltd ‘s websites and
will not cause or permit any such information to be communicated, copied
or otherwise divulged to any other person whatsoever.

Smarket Ltd  reserves the right to
issue revisions to these Terms of Use by publishing a revised version
of this document on this site: that version will then apply to all
use by you following the date of publication. Each access of information
from Smarket Ltd will be a separate, discrete transaction
based on the then prevailing terms.

This Terms of Use and the license granted may not be
assigned or sublet by You without Smarket Ltd ‘s written
consent in advance.

To the extent you have in any manner violated or threatened
to violate Smarket Ltd and/or his affiliates’ intellectual
property rights, Smarket Ltd and/or affiliates may
seek injunctive or other appropriate relief through any appropriate
judicial way.

If any provision of this agreement is void or unenforceable
in whole or in part, the remaining provisions of this Agreement shall
not be affected thereby.

Termination

These Terms of Use agreement are effective until terminated
by either party. You may terminate this agreement at any time by destroying
all materials obtained from us through your purchases and from our
sites and all related documentation and all copies and installations
thereof, whether made under the terms of this agreement or otherwise.
This agreement will terminate immediately without notice at Smarket Ltd’s sole discretion, should you fail to comply with any term
or provision of this agreement. Upon termination, you must destroy
all materials obtained from this site and any and all other Smarket Ltd ‘s sites and all copies thereof, whether made under the
terms of this agreement or otherwise.

Earnings Disclaimer

The following terms govern and apply to all the domain names, their
sub-domains and sub-directories that relate to and constitute the property
of Smarket Ltd.

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE
INTERNET COMPANY’S PRODUCTS AND THEIR POTENTIAL.  THERE IS NO
GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS
IN THE MATERIALS USED AND PRESENTED BY THE WEBSITES OF THE INTERNET
COMPANY.  EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED
AS A PROMISE OR GUARANTEE OF EARNINGS.  EARNING POTENTIAL IS ENTIRELY
DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES.  WE
DO NOT PURPORT THIS AS A GET RICH SCHEME.

ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL
RESULTS CAN BE VERIFIED UPON REQUEST.  YOUR LEVEL OF SUCCESS IN
ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME
YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES,
KNOWLEDGE AND VARIOUS SKILLS.  SINCE THESE FACTORS DIFFER ACCORDING
TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL.  NOR
ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PRODUCTS AND OUR WEBSITES MAY CONTAIN
INFORMATION THAT  INCLUDES FORWARD-LOOKING STATEMENTS THAT GIVE
OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS.  YOU CAN IDENTIFY
THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL
OR CURRENT FACTS.  THEY USE WORDS SUCH AS ANTICIPATE, ESTIMATE,
EXPECT, PROJECT, INTEND, PLAN, BELIEVE, AND OTHER WORDS AND TERMS OF
SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS
OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY
OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS
POTENTIAL.  MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR
ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS
SIMILAR TO OURS OR ANYBODY ELSE’S, IN FACT NO GUARANTEES ARE MADE THAT
YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

Facts and information at this website are believed to
be accurate at the time they were placed on the website/s. Changes
may be made at any time without prior notice. All data provided on
our websites is to be used for information purposes only. The information
contained on this website and pages within, is not intended to provide
specific legal, financial or tax advice, or any other advice, whatsoever,
for any individual or company and should not be relied upon in that
regard. The services described on this website are only offered in
jurisdictions where they may be legally offered. Information provided
in our website is not all-inclusive, and is limited to information
that is made available to Smarket Ltd and such information
should not be relied upon as all-inclusive or accurate.

Disclaimer

The materials in our site are provided “as is” and without
warranties of any kind either express or implied. Smarket Ltd disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose. Smarket Ltd does not warrant that
the functions contained in the materials will be uninterrupted or error-free,
that defects will be corrected, or that our pages  on any server
are free of viruses or other harmful components. We do not warrant
or make any representations regarding the use or the results of the
use of the materials in our sites in terms of their correctness, accuracy,
reliability, or otherwise. You (and not us) assume the entire cost
of all necessary servicing, repair or correction. Applicable law may
not allow the exclusion of implied warranties, so the above exclusion
may not apply to you.

Smarket Ltd WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY
CAUSED BY ANY:

  • USE OF (OR INABILITY TO USE) THE SITE/S AND/OR PRODUCTS

  • USE OF (OR INABILITY TO USE) ANY SITE/S AND/OR PRODUCTSTO
    WHICH YOU HYPERLINK FROM OUR SITE/S

  • FAILURE OF OUR SITE/S AND/OR PRODUCTS TO PERFORM
    IN THE MANNER YOU EXPECTED OR DESIRED

  • ERROR ON OUR SITE/S AND/OR PRODUCTS

  • OMISSION ON OUR SITE/S AND/OR PRODUCTS

  • INTERRUPTION OF AVAILABILITY OF OUR SITE/S AND/OR
    PRODUCTS

  • DEFECT ON OUR SITE/S AND/OR PRODUCTS

  • DELAY IN OPERATION OR TRANSMISSION OF OUR SITE/S
    AND/OR PRODUCTS

  • COMPUTER VIRUS OR LINE FAILURE

  • PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
    INCLUDING:

    • DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY
      FOR A LOSS OR INJURY

    • DAMAGES REASONABLY EXPECTED TO RESULT FROM A
      LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)

    • OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING
      DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL
      DAMAGES.”)

WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF
OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR BOTH.

EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT
OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES.
IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY
WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER
THESE TYPES OF DAMAGES.

HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER
THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO
BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED
UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU
PAID IF ANYTHING TO ACCESS OUR SITE/S.

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND
ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF Smarket Ltd CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED
VIOLATIONS OF THIS POLICY BY SUCH CUSTOMER OR END USER.

If you do not agree with any of the terms mentioned
above please do not use our services.

Jurisdiction and Other Points to Consider

If you use our site from locations outside of Canada, you
are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the Province of British Columbia,
as it is applied to agreements entered into and to be performed entirely
within such jurisdiction.

To the extent you have in any manner violated or threatened
to violate Smarket Ltd and/or its affiliates’ intellectual
property rights, Smarket Ltd and/or its affiliates may
seek injunctive or other appropriate relief in any state or federal
court in the Province of British Columbia, and you consent to exclusive
jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually agreed-upon mediator
in the following location: British Columbia. Any costs and fees other
than attorney fees associated with the mediation will be shared equally
by each of us.

If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to binding
arbitration at the following location: British Columbia. Judgment upon
the award rendered
by the arbitration may be entered in any court with jurisdiction to
do so.

Smarket Ltd may modify these Terms of Use,
and the agreement they create, at any time, simply by updating this
posting and without notice to you. This is the ENTIRE agreement regarding
all the matters that have been discussed.

Contacting Us.

Email:

We can be reached through the HelpDesk at

Mail:

Smarket Ltd

Pennine Crescent

Brierfield, Nelson,

Lancashire, BB9 5EU

United Kindom

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