TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with SMR Services Group, Inc., also known as R3 Desgin Studio, located at 403 Goldi Ct, Acworth, Georgia 30102 and our subsidiaries and affiliates, in association with the use of the R3 Desgin Studio website, which includes https://r3-studio.com, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an E-Commerce website which has the following description: Customer portal to allow sending invoices, collecting payments, reminders, payment history and customer support. Any and all visitors to our site, despite whether they are registered or not, shall be deemed as"users" of the herein contained Services provided for the purpose of this TOS. Once an individual register's for our Services, through the process of creating an account, the user shall then be considered a "member." The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of SMR Services Group, Inc.. At its discretion, SMR Services Group, Inc. may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. SMR Services Group, Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned services and/orproducts. You, as the end user and/or member, acknowledge, accept and agree that SMR Services Group, Inc. shall not be held liable for any such updates, modifications, revisions,suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided services forthwith. Furthermore, the user and/or member understands, acknowledges and agrees that the services offered shall be provided "AS IS" and as such SMR Services Group, Inc. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a "member" of the site, you must be at least 18 years of age to enter and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving R3 Desgin Studio's Services under the laws and statutes of the United States or other applicable jurisdiction. When you register, R3 Desgin Studio may collect information such as your name, e-mail address,birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with R3 Desgin Studio and sign in to our services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- furnish factual, correct, current and complete information with regards to yourself as maybe requested by the data registration process, and
- maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, SMR Services Group, Inc. will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of SMR Services Group, Inc. Services, or any portion thereof.
It is SMR Services Group, Inc.'s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the R3 Desgin Studio website platform must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account,s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is theparent's and/or legal guardian's responsibility to determine whether any of the Services and/orcontent provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify SMR Services Group, Inc. immediately if you notice any unauthorized access or use of your account or password or any other breach of security. SMR Services Group, Inc. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand and agree that allinformation, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwisemade available by way of the R3 Desgin Studio Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our services, you may be exposed to content including, but not limited to, any errors or omissions inany content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by R3 Desgin Studio.
Furthermore, you herein agree not to make use of SMR Services Group, Inc.'s services for the purpose of:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/orracially, ethnically, or otherwise objectionable;
- causing harm to minors in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to, any R3 Desgin Studio officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- -----uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with anycontractual or fiduciary relationship;
- ploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form ofsolicitation, except in any such areas that may have been designated for such purpose;uploading, posting, emailing, transmitting, or otherwise offering any source that mayuploading, posting, emailing, transmitting, or otherwise offering any source that maycontain a software virus or other computer code, any files and/or programs which havebeen designed to interfere, destroy and/or limit the operation of any computer software,hardware, or telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that woulddisrupting the normal flow of communication, or otherwise acting in any manner that wouldnegatively affect other users' ability to participate in any real time interactions;
- interfering with or disrupting any SMR Services Group, Inc. Services, servers and/orinterfering with or disrupting any SMR Services Group, Inc. Services, servers and/ornetworks that may be connected or related to our website, including, but not limited to, theuse of any device software and/or routine to bypass the robot exclusion headers;
- intentionally or unintentionally violating any local, state, federal, national or internationalintentionally or unintentionally violating any local, state, federal, national or internationallaw, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.Securities and Exchange Commission, in addition to any rules of any nation or othersecurities exchange, that would include without limitation, the New York Stock Exchange,the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- providing informational support or resources, concealing and/or disguising the character,providing informational support or resources, concealing and/or disguising the character,location, and or source to any organization delegated by the United States government asa "foreign terrorist organization" in accordance to Section 219 of the ImmigrationNationality Act;
- "stalking" or with the intent to otherwise harass another individual; and/or
- collecting or storing of any personal data relating to any other member or user incollecting or storing of any personal data relating to any other member or user inconnection with the prohibited conduct and/or activities which have been set forth in theaforementioned paragraphs.
SMR Services Group, Inc. herein reserves the right to pre-screen, refuse and/or delete anySMR Services Group, Inc. herein reserves the right to pre-screen, refuse and/or delete anycontent currently available through our Services. In addition, we reserve the right to removeand/or delete any such content that would violate the TOS or which would otherwise beconsidered offensive to other visitors, users and/or members.
SMR Services Group, Inc. herein reserves the right to access, preserve and/or disclose memberaccount information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- compliance with any legal process;compliance with any legal process;
- enforcement of the TOS
- responding to any claim that therein contained content is in violation of the rights of any tird party;
- responding to requests for customer service; or
- protecting the rights, property or the personal safety of SMR Services Group, Inc., itsprotecting the rights, property or the personal safety of SMR Services Group, Inc., itsvisitors, users and members, including the general public.
SMR Services Group, Inc. herein reserves the right to include the use of security componentsSMR Services Group, Inc. herein reserves the right to include the use of security componentsthat may permit digital information or material to be protected, and that such use of informationand/or material is subject to usage guidelines and regulations established by SMR ServicesGroup, Inc. or any other content providers supplying content services to SMR Services Group,Inc.. You are hereby prohibited from making any attempt to override or circumvent any of theembedded usage rules in our Services. Furthermore, unauthorized reproduction, publication,distribution, or exhibition of any information or materials supplied by our Services, despitewhether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree toDue to the global nature of the internet, through the use of our network you hereby agree tocomply with all local rules relating to online conduct and that which is considered acceptableContent. Uploading, posting and/or transferring of software, technology and other technical datamay be subject to the export and import laws of the United States and possibly other countries.Through the use of our network, you thus agree to comply with all applicable export and importlaws, statutes and regulations, including, but not limited to, the Export Administration Regulations(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program ofthe United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any governmentare not on the list of prohibited individuals which may be identified on any governmentexport exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)nor a member of any other government which may be part of an export-prohibited countryidentified in applicable export and import laws and regulations;
- agree not to transfer any software, technology or any other technical data through the useof our network Services to any export-prohibited country;
- agree not to use our website network Services for any military, nuclear, missile, chemicalor biological weaponry end uses that would be a violation of the U.S. export laws; and
- agree not to post, transfer nor upload any software, technology or any other technical datawhich would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
SMR Services Group, Inc. shall not lay claim to ownership of any content submitted by any visito,rSMR Services Group, Inc. shall not lay claim to ownership of any content submitted by any visito,rmember, or user, nor make such content available for inclusion on our website Services.Therefore, you hereby grant and allow for SMR Services Group, Inc. the below listed worldwide,royalty-free and non-exclusive licenses, as applicable:
- The content submitted or made available for inclusion on the publicly accessible areas ofThe content submitted or made available for inclusion on the publicly accessible areas ofSMR Services Group, Inc.'s sites, the license provided to permit to use, distribute,reproduce, modify, adapt, publicly perform and/or publicly display said Content on ournetwork Services is for the sole purpose of providing and promoting the specific area towhich this content was placed and/or made available for viewing. This license shall beavailable so long as you are a member of SMR Services Group, Inc.'s sites, and shallterminate at such time when you elect to discontinue your membership.
- Photos, audio, video and/or graphics submitted or made available for inclusion on thePhotos, audio, video and/or graphics submitted or made available for inclusion on thepublicly accessible areas of SMR Services Group, Inc.'s sites, the license provided topermit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly displaysaid Content on our network Services are for the sole purpose of providing and promotingthe specific area in which this content was placed and/or made available for viewing. Thislicense shall be available so long as you are a member of SMR Services Group, Inc.'s sitesand shall terminate at such time when you elect to discontinue your membership.
- For any other content submitted or made available for inclusion on the publicly accessibleFor any other content submitted or made available for inclusion on the publicly accessibleareas of SMR Services Group, Inc.'s sites, the continuous, binding and completely sublicensablelicense which is meant to permit to use, distribute, reproduce, modify, adapt,publish, translate, publicly perform and/or publicly display said content, whether in whole orin part, and the incorporation of any such Content into other works in any arrangement ormedium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of SMR Services Group, Inc.'sThose areas which may be deemed "publicly accessible" areas of SMR Services Group, Inc.'ssites are those such areas of our network properties which are meant to be available to thegeneral public, and which would include message boards and groups that are openly available toboth users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
SMR Services Group, Inc. provides an area for our users and members to contribute feedback toSMR Services Group, Inc. provides an area for our users and members to contribute feedback toour website. When you submit ideas, documents, suggestions and/or proposals ("Contributions")to our site, you acknowledge and agree that:
- your contributions do not contain any type of confidential or proprietary information;
- R3 Desgin Studio shall not be liable or under any obligation to ensure or maintainR3 Desgin Studio shall not be liable or under any obligation to ensure or maintainconfidentiality, expressed or implied, related to any Contributions;
- R3 Desgin Studio shall be entitled to make use of and/or disclose any such ContributionsR3 Desgin Studio shall be entitled to make use of and/or disclose any such Contributionsin any such manner as they may see fit;
- the contributor's Contributions shall automatically become the sole property of R3 DesginStudio; and
- R3 Desgin Studio is under no obligation to either compensate or provide any form ofreimbursement in any manner or nature.
All users and/or members herein agree to insure and hold SMR Services Group, Inc., ourAll users and/or members herein agree to insure and hold SMR Services Group, Inc., oursubsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or notliable for any claim or demand, which may include, but is not limited to, reasonable attorney feesmade by any third party which may arise from any content a member or user of our site maysubmit, post, modify, transmit or otherwise make available through our Services, the use of R3Desgin Studio Services or your connection with these Services, your violations of the Terms ofService and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploitThe member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploitfor any commercial reason any part, use of, or access to R3 Desgin Studio's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that SMR Services Group, Inc. may set up any such practices and/orYou herein acknowledge that SMR Services Group, Inc. may set up any such practices and/orlimits regarding the use of our Services, without limitation of the maximum number of days thatany email, message posting or any other uploaded content shall be retained by SMR ServicesGroup, Inc., nor the maximum number of email messages that may be sent and/or received byany member, the maximum volume or size of any email message that may be sent from or maybe received by an account on our Service, the maximum disk space allowable that shall beallocated on SMR Services Group, Inc.'s servers on the member's behalf, and/or the maximumnumber of times and/or duration that any member may access our Services in a given period oftime. In addition, you also agree that SMR Services Group, Inc. has absolutely no responsibilityor liability for the removal or failure to maintain storage of any messages and/or othercommunications or content maintained or transmitted by our Services. You also hereinacknowledge that we reserve the right to delete or remove any account that is no longer active foran extended period of time. Furthermore, SMR Services Group, Inc. shall reserve the right tomodify, alter and/or update these general practices and limits at our discretion.
SMR Services Group, Inc. shall reserve the right at any time it may deem fit, to modify, alter andSMR Services Group, Inc. shall reserve the right at any time it may deem fit, to modify, alter andor discontinue, whether temporarily or permanently, our service, or any part thereof, with orwithout prior notice. In addition, we shall not be held liable to you or to any third party for anysuch alteration, modification, suspension and/or discontinuance of our Services, or any partthereof.
As a member of https://r3-studio.com, you may cancel or terminate your account, associatedemail address and/or access to our Services by submitting a cancellation or termination requestto firstname.lastname@example.org.
As a member, you agree that SMR Services Group, Inc. may, without any prior written notice,immediately suspend, terminate, discontinue and/or limit your account, any email associated withyour account, and access to any of our Services. The cause for such termination, discontinuance,suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/orguideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any partthereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with yourthe nonpayment of any associated fees that may be owed by you in connection with yourhttps://r3-studio.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, andFurthermore, you herein agree that any and all terminations, suspensions, discontinuances, andor limitations of access for cause shall be made at our sole discretion and that we shall not beliable to you or any other third party with regards to the termination of your account, associatedemail address and/or access to any of our Services.
- the removal of any access to all or part of the Services offered within https://r3-studio.com;
- the deletion of your password and any and all related information, files, and any suchthe deletion of your password and any and all related information, files, and any suchcontent that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of,Any correspondence or business dealings with, or the participation in any promotions of,advertisers located on or through our Services, which may include the payment and/or delivery ofsuch related goods and/or Services, and any such other term, condition, warranty and/orrepresentation associated with such dealings, are and shall be solely between you and any suchadvertiser. Moreover, you herein agree that SMR Services Group, Inc. shall not be heldresponsible or liable for any loss or damage of any nature or manner incurred as a direct result ofany such dealings or as a result of the presence of such advertisers on our website.
Either SMR Services Group, Inc. or any third parties may provide links to other websites and/orEither SMR Services Group, Inc. or any third parties may provide links to other websites and/orresources. Thus, you acknowledge and agree that we are not responsible for the availability ofany such external sites or resources, and as such, we do not endorse nor are we responsible orliable for any content, products, advertising or any other materials, on or available from such thirdparty sites or resources. Furthermore, you acknowledge and agree that SMR Services Group,Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss whichmay be a result of, caused or allegedly to be caused by or in connection with the use of or thereliance on any such content, goods or Services made available on or through any such site orresource.
You do hereby acknowledge and agree that SMR Services Group, Inc.'s Services and anyYou do hereby acknowledge and agree that SMR Services Group, Inc.'s Services and anyessential software that may be used in connection with our Services ("Software") shall containproprietary and confidential material that is protected by applicable intellectual property rights andother laws. Furthermore, you herein acknowledge and agree that any Content which may becontained in any advertisements or information presented by and through our Services or byadvertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.Therefore, except for that which is expressly permitted by applicable law or as authorized by SMRServices Group, Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan,sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works whichare based on SMR Services Group, Inc. Services (e.g. Content or Software), in whole or part.
SMR Services Group, Inc. herein has granted you personal, non-transferable and non-exclusiveSMR Services Group, Inc. herein has granted you personal, non-transferable and non-exclusiverights and/or license to make use of the object code or our Software on a single computer, aslong as you do not, and shall not, allow any third party to duplicate, alter, modify, create orplagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locateor discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwisetransfer any such right in the Software. Furthermore, you do herein agree not to alter or changethe Software in any manner, nature or form, and as such, not to use any modified versions of theSoftware, including and without limitation, for the purpose of obtaining unauthorized access to ourServices. Lastly, you also agree not to access or attempt to access our Services through anymeans other than through the interface which is provided by SMR Services Group, Inc. for use inaccessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF SMR SERVICES GROUP, INC. SERVICES AND SOFTWARE ARE ATTHE USE OF SMR SERVICES GROUP, INC. SERVICES AND SOFTWARE ARE ATTHE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDEDON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. SMR SERVICES GROUP, INC. ANDOUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERSAND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KINDWHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANYIMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE AND NON-INFRINGEMENT.
- SMR SERVICES GROUP, INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,SMR SERVICES GROUP, INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SMRSERVICES GROUP, INC. SERVICES OR SOFTWARE WILL MEET YOURREQUIREMENTS; (ii) SMR SERVICES GROUP, INC. SERVICES OR SOFTWARESHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCHRESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SMR SERVICESGROUP, INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv)QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHERMATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OURSERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANYSUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BYANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BYWAY OF SMR SERVICES GROUP, INC. SERVICES OR SOFTWARE SHALL BEACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOUSHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMSAND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTERAND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANYLOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCHINFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THATNO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THATMAY BE OBTAINED BY YOU FROM SMR SERVICES GROUP, INC. OR BY WAY OF ORFROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOTEXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFA SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ORBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILEUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHOHAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTICCONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THEFOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTEREDVISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SMR SERVICESYOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SMR SERVICESGROUP, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OFANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVENTHOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGESMAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSUNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release SMR Services Group, Inc. (and its officers,In the event you have a dispute, you agree to release SMR Services Group, Inc. (and its officers,directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any otherthird parties) from claims, demands and damages (actual and consequential) of every kind andnature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising outof or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,Should you intend to create or to join any service, receive or request any such news, messages,alerts or other information from our Services concerning companies, stock quotes, investments orsecurities, please review the above Sections Warranty Disclaimers and Limitations of Liabilityagain. In addition, for this particular type of information, the phrase "Let the investor beware" isappropriate. SMR Services Group, Inc.'s content is provided primarily for informational purposes,and no content that shall be provided or included in our Services is intended for trading orinvesting purposes. SMR Services Group, Inc. and our licensors shall not be responsible or liablefor the accuracy, usefulness or availability of any information transmitted and/or made availableby way of our Services, and shall not be responsible or liable for any trading and/or investmentdecisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAINTHERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OFSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in thisYou herein acknowledge, understand and agree, unless otherwise expressly provided in thisTOS, that there shall be no third-party beneficiaries to this agreement.
SMR Services Group, Inc. may furnish you with notices, including those with regards to anySMR Services Group, Inc. may furnish you with notices, including those with regards to anychanges to the TOS, including but not limited to email, regular mail, MMS or SMS, textmessaging, postings on our website Services, or other reasonable means currently known or anywhich may be herein after developed. Any such notices may not be received if you violate anyaspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance ofthis TOS constitutes your agreement that you are deemed to have received any and all noticesthat would have been delivered had you accessed our Services in an authorized manner.
SMR Services Group, Inc. will always respect the intellectual property of others, and we ask thatSMR Services Group, Inc. will always respect the intellectual property of others, and we ask thatall of our users do the same. With regards to appropriate circumstances and at its sole discretion,SMR Services Group, Inc. may disable and/or terminate the accounts of any user who violatesour TOS and/or infringes the rights of others. If you feel that your work has been duplicated insuch a way that would constitute copyright infringement, or if you believe your intellectual propertyrights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of theThe electronic or the physical signature of the individual that is authorized on behalf of theowner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe hasA description of the copyrighted work or other intellectual property that you believe hasbeen infringed upon;
- A description of the location of the site which you allege has been infringing upon yourA description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is notA statement, in which you state that the alleged and disputed use of your work is notauthorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementionedAnd finally, a statement, made under penalty of perjury, that the aforementionedinformation in your notice is truthful and accurate, and that you are the copyright orintellectual property owner, representative or agent authorized to act on the copyright orintellectual property owner's behalf.
The SMR Services Group, Inc. Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
SMR Services Group, Inc.
Attn: Copyright Agent
403 Goldi Ct
Acworth, Georgia 30102
BE IT KNOWN, that SMR Services Group, Inc. complies with all applicable FederalBE IT KNOWN, that SMR Services Group, Inc. complies with all applicable FederalCommunications Commission rules and regulations regarding the closed captioning of videocontent. For more information, please visit our website at https://r3-studio.com.
This TOS constitutes the entire agreement between you and SMR Services Group, Inc. and shallgovern the use of our Services, superseding any prior version of this TOS between you and uswith respect to SMR Services Group, Inc. Services. You may also be subject to additional termsand conditions that may apply when you use or purchase certain other SMR Services Group, Inc.Services, affiliate Services, third-party content or third-party software.
WAIVER AND SEVERABILITY OF TERMS
At any time, should SMR Services Group, Inc. fail to exercise or enforce any right or provision ofthe TOS, such failure shall not constitute a waiver of such right or provision. If any provision ofthis TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agreethat the court should endeavor to give effect to the parties' intentions as reflected in the provision,and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights toyour ID and/or contents within your account shall terminate upon your death. Upon receipt of acopy of a death certificate, your account may be terminated and all contents therein permanentlydeleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, anyclaim or action arising out of or related to the use of our Services or the TOS must be filed within1 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to SMR Services Group, Inc. as follows:
SMR Services Group, Inc.
403 Goldi Ct
Acworth, Georgia 30102