TERMS CONDITION | Smash Challenge

SECTION 1: ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use are entered into by and between you and Smash Challenge Limited ("Company," "we," or "us"). The following terms and conditions, together with any documents incorporated by reference, collectively ("Terms of Use"), govern your access to, and use of, smashchallenge.com, including any content, functionality, and services offered ("Site”).

The Company owns, operates, and maintains the Site, including any subdomains, any related products and services, and provides the Site subject to these Terms of Use. The Site is provided and operated in beta, or draft, form, for the purpose of product testing and for the assessment of the reaction of consumers and potential consumers. The Siteis offered and available to users who are 13 years of age or older.

Please read these Terms of Use carefully before you use the Site. By using the Site, you acknowledge that you have read, understand, accept and agree to be bound and abide by these Terms of Use and Privacy Policy.

SECTION 2: CHANGES TO THE TERMS OF USE

It should be expected that we will revise and update these Terms of Use at our sole discretion from time to time. Your continued use of the Site following the posting of revised Terms of Use means that you have read, understand, accept and agree to the changes.

SECTION 3 – ACCESSING THE SITE

We reserve the right to withdraw or amend the Site, and any service or material we provide, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.

To access the Site, you may be asked to provide certain information. It is a condition of your use of the Site that all the information you provide on the Site is correct.

SECTION 4 – INTELLECTUAL PROPERTY

This Site and its contents, features, and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Site and its information and content are for personal, non-commercial use only. You are prohibited from, and agree not to engage in, copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for use in litigation or for commercial or promotional purposes, without the express written consent of the Company.

SECTION 5 – PROHIBITED USE

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

In any way that violates any applicable local or international law.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any spam or any other similar solicitation.
To impersonate or attempt to impersonate the Company.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which may harm the Company or users of the Site, or expose them to liability.

Use the Site in any manner that could disable, interrupt, overburden, damage, or impair the Site or interfere with any other party's use of the Site.
Use any device, process, or means to access or interfere with the operation of the Site for any purpose.

SECTION 6 – RELIANCE ON INFORMATION POSTED

The information presented on the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We accept no liability or responsibility arising from any reliance placed on such materials by you. The Site may include content provided by third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. Their materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third party.

SECTION 7 – CHANGES TO THE SITE

The content of the Site is not necessarily complete or up to date. Any of the information on the Site may be out of date at any given time, and we are under no obligation to update such information or to do so on any particular schedule or timeframe.

SECTION 8 – INFORMATION ABOUT YOU

All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

SECTION 9 – ONLINE PURCHASES

All purchases through our Site are governed by these Terms of Use. The products sold via the Site are for personal use only. You are not permitted to resell products purchased on or through the Site in a new or unused condition, whether on an individual basis or bundled with other products bearing the Company brand. Use of “drop-shipping”, including but not limited to allowing a third party to fulfil orders to customers on your behalf, and/or including listing products for sale on other platforms and using this Site as a fulfilment service for such listings, is strictly prohibited. We reserve the right to decline to fill orders believed to be placed for drop-shipping purposes. To the extent consistent with applicable law, violators of this policy may be restricted from future use of the Site.

SECTION 10 – GEOGRAPHIC RESTRICTIONS

We administer, control and operate the Site from our office in London, United Kingdom. Some of the Site’s features or functions may not be available in all geographic locations. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable.

The Site provides information of a general nature only. You are responsible for determining whether it applies to your specific situation.

SECTION 11 – DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that the information and documentation contained on theSite will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, OTHER ELECTRONIC DEVICES, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY INFORMATION POSTED ON THEM, OR ON ANY SITE LINKED TO THEM.

THE SITE, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THE SITE OR THEIR CONTENTS AND/OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITYAND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT ANY USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ANY USER’S ACCESS TO, BROWSING, OR USE OF EITHER SITE OR THE DOWNLOADING OF ANY CONTENT ON EITHER SITE. USERS ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH EITHER SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.

SECTION 12 – LIMITATION ON LIABILITY

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE OR INABILITY TO USE OUR SITE, OR FOR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, and in such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

IN NO EVENT SHALL WE BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER ON OR THROUGH THE SITE (INCLUDING ANY USER GENERATED SUBMISSIONS). IN NO EVENT SHALL OUR TOTAL LIABILITY TO ANY USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (i) THE AMOUNT, IF ANY, PAID BY THE USER TO US FOR HIS/HER/ITS USE OF THE SITE OR FOR ANY OF HIS/HER/ITS ACTIVITIES ON THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

SECTION 13 - INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Companyfrom and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) your use of and access to the Site, including any data or content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms of Use and/or Our Privacy Policy, including your breach of any of the representations and warranties contained in these Terms of Use; (iii) your violation of any third party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; and/or (v) any other party’s access and use of the Site and any of the Site' services or products.

SECTION 14 - TERMINATION

You may discontinue your use of our Site at any time without informing us. We may, without prior notice, change the Site and any of our services and products, stop providing them to you or to users generally, or create usage limits for our Site. We may permanently or temporarily terminate or suspend your access to our Site without notice and without liability for any or no reason, including if, in our sole determination, you violate any provision of these Terms of User and/or our Privacy Policy.

SECTION 15 - RELEASE

To the fullest extent permitted by law, you release usfrom any and all responsibility, liability, claims, demands, and/or damages (actual, statutory and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with: (i) disputes between users, including those between you and other users; (ii) third party Site and services, including content found on such Site and services; (iii) disputes concerning any use of or action taken using your access credential by you or a third party; (iv) claims relating to the unauthorised access to any data communications or content stored under or relating to your access credentials, including unauthorised use or alteration of such communications.

SECTION 16 – ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether electronic, written or oral, regarding the Site, our services and our products.

These Terms of Use shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in or on the Site, including our Privacy Policy; provided, however, these Terms of Use shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms of Use are reserved to us.

SECTION 17 – MISCELLANEOUS

These Terms of Use and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon the benefit of our successors and assigns.Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement. We may terminate these Terms of Use for any or no reason at any time by providing a notice on the Site. Any such termination will be without prejudice to our rights, remedies, claims, or defences hereunder.

If you have any questions please contact Smash Challenge Limited on info@smashchallenge.com or write to Smash Challenge Limited, 6 Bristol Gardens, London, W9 2JG.