Smartbox™'s Proprietary Rights and Permitted Use
- The Website is the sole and exclusive property of Smartbox™ and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website other than as expressly authorized by Smartbox™ in writing. Use of the Website in any way not expressly permitted by this Agreement or another writing signed by Smartbox™ is prohibited, and may be actionable under United States or international law.
- So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by Smartbox™, you are permitted to view and use the Website solely for your own personal use; provided, however, that you may not duplicate, publish, modify, distribute or create derivative works from any content located on the Website unless expressly authorized by Smartbox™ in writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website.
- You hereby acknowledge and agree that, as between Smartbox™ and you, all right, title, and interest in and to the Website, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Smartbox™.
- You agree not to access the Website by any means other than through the interface that is provided by Smartbox™. You further agree that you will not (a) collect any information from or through the Website using any automated means, including without limitation any script, spider, "screen scraping," or "database scraping" application; or (b) damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it. If Smartbox™ makes software available to you for download, your download and use of such software shall be subject to a separate license agreement.
Service Provider Contributions to the Website.
- Smartbox™ provides its service providers (each a "Service Provider") with the opportunity to contribute to the Website, and all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages and other content posted by Service Providers on the Website (collectively, the "Service Provider Content") is the sole responsibility of the Service Provider. If you are a Service Provider, then by posting, providing, or otherwise making available to Smartbox™ any Service Provider Content, you hereby grant to Smartbox™ and its affiliates a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such Service Provider Content in any form in any medium, and Smartbox™ may sublicense all or part of its rights under this license or assign them to third parties. Service Providers agree to waive all moral rights with respect to any Service Provider Content. Service Providers also represent and warrant that: (a) you own the content posted by you on or through the Website or otherwise have the right to grant he license set forth in this section; and (b) your posting of the content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Smartbox™ may remove any Service Provider Content for any reason or no reason, with or without notice. Smartbox™ reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any Service Provider Content that is contributed to the Website. Without limiting the foregoing, Smartbox™ shall have the right to remove any Service Provider Content that violates this Agreement or is otherwise objectionable as determined in Smartbox™'s sole and absolute discretion. You acknowledge that Smartbox™ does not verify, adopt, ratify, or sanction Service Provider Content, and you agree that you must evaluate, and bear all risks associated with, your use of Service Provider Content or your reliance on the accuracy, completeness, or usefulness of Service Provider Content.
Terms of Sale.
- Product pertaining to a specific theme contains one (1) gift certificate ("Gift Certificate") and one (1) printed guide (the "Guide"). Service Providers and the services they provide to purchasers and beneficiaries ("Beneficiaries") in exchange for the Gift Certificate are listed in the Guide. Participating Service Providers, locations of Service Providers and/or the content of the services provided by Service Providers are subject to availability and are, at all times, subject to change for any reason. In the event of such changes, consumer is entitled to select any other Service from any other Service Providers in the Product. Service Provider information included in a Product is given by way of example only .Unless otherwise prohibited by law, we reserve the right to change any Products offered for sale, and the prices or specifications of any Products at any time and from time to time without any notice or liability to you or any other person. We reserve the right to limit quantities of Products sold or made available for sale on the Website or by telephone.
- Gift Certificates.
- Unless otherwise prohibited by law, the Gift Certificate is valid up to the expiration date stamped on the Product packaging and on the Gift Certificate. If you do not use the Gift Certificate before its expiration date or in the case of loss, theft or destruction of the Gift Certificate, you will not be able to redeem the Gift Certificate in payment of any Service (defined below) nor claim any reimbursement, liability or indemnity of any kind from Smartbox™, its agents, Service Providers or any resellers of Products. You may, however, exchange a Gift Certificate (including after the expiration date) for a new edition of a Product or a Product of a different theme for a Product of equal value, subject to a $14.99 restocking, shipping and handling charge.A Gift Certificate is not and cannot be used as a stored value card, credit card, credit line, debit card or deposit account.
- Redemption of Gift Certificate.
- A Gift Certificate may be transferred to and used by anyone who has reached the age of majority. A Gift Certificate may only be redeemed for services provided by participating Service Providers, inclusive of all applicable taxes ("Service" or "Services"). Participating Service Providers, merchants and retailers, denominations of Gift Certificates and locations of Service Providers, and Services are subject to change as set forth below. Redemption of a Gift Certificate is subject to availability, as well as to the terms, conditions and limitations set by the respective Service Provider as set forth below.
- Authentication of Gift Certificate.
- You must present your Gift Certificate to the Service Provider so that the Service Provider may verify its authenticity. Only the original Gift Certificate is a valid means of payment for Services, and photocopies or defective Gift Certificates (for example, a Gift Certificate on which the scratch box has been exposed) will not be accepted by Service Providers. If presented with an invalid Gift Certificate, Service Providers will refuse to provide you with the Services. For inquiries regarding the authenticity or validity of your Gift Certificate, contact Customer Service.
- Tips and Gratuities not Included.
- Your Gift Certificate does not include tips or gratuities for any Service Provider or Services.
- Transportation not Included.
- Your Gift Certificate does not include transportation to or from any Service Provider location.
- Validation of Order.
- Before accepting your order, we will validate your order and the credit card number you submitted to us. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
- E-mail Confirmation.
- Once you complete your purchase, we will send you an order confirmation e-mail to the e-mail address you provide in your order form
- Right not to Process your Order.
- We reserve the right not to process your order if the product becomes unavailable. If that happens, we will advise you that your order has been cancelled and will either not charge you or apply a credit to your credit card.
- We accept payment through Global Connect (which accepts credit card payments) and Paypal. Your credit card or Paypal account will be charged once we have received your order.
- Delivery Terms.
- We will use commercially reasonable efforts to deliver your Product within five (5) to seven (7) working days of your order (working day being Monday to Friday, except public holidays). International shipping may be arranged: by contacting Customer Service. We are not responsible for any delays caused by the delivery company.
- Number of Products per Shipment.
- There is no minimum or maximum Product order requirement. If you would like to order more than six (6) Products, please contact Customer Service.
- Damages or Losses Resulting from Delivery.
- You are responsible for checking to ensure that the Product is in a reasonably satisfactory condition when counter signing the receipt of delivery. Do not accept delivery if the Product is damaged or sign the delivery receipt stating that the package is damaged.
- Shipping Address.
- We can send the Product to you, directly to the recipient, or to another address at your request. Following delivery, risk of damage to or loss of the Product will pass to you. If the delivery company is unable to deliver the Product because of your unavailability or because of the inaccuracy of the contact details you have provided to us, any subsequent deliveries will be made at your cost.
- Special Arrangements.
- If you require a Product urgently, or delivery by a specific date, we may make such necessary arrangements at an additional charge to you. In order to make any such arrangement, please contact Customer Service.
- Refunds and Exchanges.
- Return Process.
- Unless otherwise required by law, a Gift Card may not be returned or redeemed for cash after 30 days of purshase, provided however, you may return the Product within a thirty (30) days of purchase for a refund if you have not booked your Service with a Service Provider. You may also exchange a Gift Card for a new edition of a Product or a Product of a different theme for a Product of equal value, subject to a restocking, shipping and handling charge.Products must be returned with all content included and in good condition. All Product returns must be pre-approved. If you wish to return or exchange a Product, please contact Customer Service.
- You will be responsible for the payment of any shipping costs associated with any Product return. All authorized return Products purchased using the Website or by telephone must be returned to Customer Service.
- Purchase from a Retail Store.
- If the Product has been purchased from a retail store, a refund can only be obtained by returning the Product and all of its content, in good condition, to the place of purchase (except as otherwise agreed with the retail store) together with the corresponding receipt. These refunds will be subject to the store's own terms and conditions.
- Service Provider Services.
- Making a Reservation.
- You must make Your reservation for services directly with the Service Provider. You may be asked to provide non-public personal information, such as a credit card number, when making reservations with Service Providers, and we are not responsible for the Service Providers' use of such service product personal information. Smartbox™ is not responsible for the privacy practices of Service Providers (even if they utilize Smartbox™'s name or logos). We encourage you to be aware of this when you read the privacy policies of each and every Service Provider, as such policies may differ from ours.
- Service Provider Terms.
- The Services of Service Providers may be subject to certain terms, conditions and limitations. It is your responsibility to review a Service Provider's terms, conditions and limitations to confirm that you meet their specific requirements for and agree with any such Service Provider's terms, conditions and limitations.
- Modifications and Cancellations.
- You are subject to the Service Provider's service modification and cancellation policies, including the payment of cancellation fees, if any. Smartbox™ will not be responsible for any modification or cancellation fees.
- Substitution. of Service Provider or Service.
- Participating Service Providers, locations of Service Providers and/or the content of the services provided by Service Providers are subject to availability and are, at all times, subject to change for any reason. Service Provider information included in a Product is given by way of example only. For example, the pictures displayed in a Product are for illustration purposes only and do not necessarily represent or reflect the Services offered or provided.
- Providing Services.
- Service Providers are solely responsible for providing services. Smartbox™, its agents and the resellers of Smartbox™ are not responsible for providing or performing any Services. You must deal directly with the Service Provider with regard to any problem or dispute that you may have with respect to its Services.
- Service Providers are Independent Contractors.
- Service Providers are independent contractors, and are not agents, affiliates, or representatives of Smartbox™. As a result, Smartbox™ will not be liable under any theory of recovery, at law or in equity, for any damages, including without limitation, special, direct, incidental, consequential or punitive damages arising out of, or in any manner connected with the Services, acts, omissions or representations of Service Providers.
- YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Smartbox™, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, SERVICE PROVIDERS, CO-BRANDERS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (i) CONTENT YOU SUBMIT, POST TO, OR TRANSMIT THROUGH THE WEBSITE; (ii) YOUR USE OF THE WEBSITE OR A PRODUCT; OR (iii) YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY THIRD PARTY.
Links to Other Websites.
- The Website may contain links to websites operated by other parties. Smartbox™, Smartbox™'s advertisers and/or Service Providers provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Smartbox™, and Smartbox™ is not responsible for the content available on these third party sites. Such links do not imply Smartbox™'s endorsement of information or material on any other site and Smartbox™ disclaims all liability with regard to your access to and use of such linked websites.
Third Party References.
- References to third party goods or services do not imply Smartbox™'s endorsement of those goods or services, and Smartbox™ disclaims all liability with regard to your access to and use of such material.
Links to Smartbox™'s Website.
- Unless otherwise set forth in a written agreement between you and Smartbox™, you must adhere to Smartbox™'s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the reputation of Smartbox™, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Smartbox™, (iii) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking Website; and (iv) Smartbox™ reserves the right to revoke its consent to the link at any time and in its sole discretion.
- Smartbox™ and Smartbox.com™ are trademarks/service marks owned or licensed by Smartbox™. Unauthorized use of any Smartbox™ trademark, service mark or logo may be a violation of federal and state trademark laws. All third party trademarks are the property of their respective owners, and cannot be used without permission. Third party trademark references herein do not constitute or imply affiliation with, endorsement, or recommendation of Smartbox™ by the respective trademark owners.
Communications with Third Parties.
- Your dealings or communications through the Website with any party other than Smartbox™ are solely between you and that third party. Under no circumstances will Smartbox™ be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.
No Professional Advice.
- You acknowledge that Smartbox™ does not provide professional advice, and you agree that you will not use the Website as a substitute for or supplement to advice from a qualified professional.
Modifications to Website.
- Smartbox™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that Smartbox™ shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
Suspension and/or Termination Rights.
- Smartbox™ reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate this Agreement and/or your access to the Website. You agree that Smartbox™ shall not be liable to you or any third-party for any such suspension or termination.
Notice of Claims for Copyright Infringement; Copyright Policy.
- If you are a copyright owner or agent thereof and believe that content posted on the Website by one of our users infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our Website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached by mail at: 888-846-7269, and by email at: email@example.com.
- You acknowledge that, depending on your wireless data plan, your wireless company may impose fees in connection with your wireless access or use of the Website, and you agree that you are solely responsible for such fees.
Disclosure of Personal Information and Service Provider Content.
- Without limitation of any of the rights granted to Smartbox™ herein, you acknowledge and agree that Smartbox™ may preserve and disclose your personal information and/or any Service Provider Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce our rights; (iii) respond to claims that any content supplied by you violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Smartbox™ any individual or the public.
Disclaimer of Warranties.
- THE WEBSITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Smartbox™ MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE OR OF ANY PRODUCT OR SERVICE PROVIDER. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Smartbox™ OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER Smartbox™ NOR ANY OF ITS DATA OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.
Limitation of Liability.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, Smartbox™ DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR ANY PRODUCTS, EVEN IF Smartbox™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, Smartbox™'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO Smartbox™.
Exclusions and Limitations.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Dispute Resolution and Governing Law.
- Binding Arbitration.
- If you and Smartbox™ are unable to resolve any controversy or claim related to this Agreement (each a "Dispute"), both parties agree that, except for those Disputes expressly excluded below, such Dispute shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
- You and Smartbox™ agree that any arbitration shall be limited to the Dispute between Smartbox™ and you individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Arbitration.
- You and Smartbox™ agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of Smartbox™'s intellectual property rights; (2) any claim for injunctive relief; and (3) any attempt to collect a debt.
- Any arbitration will take place in New York, NY. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within New York, NY, and you and Smartbox™ hereby submit to the personal jurisdiction of that court.
- Governing Law.
- Except as otherwise provided for herein, this Agreement shall be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.
Questions and Customer Service.
- If you have any questions regarding this Agreement or a Product, or wish to report any issue relating to the service provided to you, please contact Customer Service by email at firstname.lastname@example.org or by phone at 888-846-7269. Customer service is provided by Smartbox Experience Inc., a company located at 303 George Street, Suite 103, New Brunswick, New Jersey 08901, USA.
- If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Smartbox™'s failure to act with respect to any failure by you or others to comply with this Agreement does not waive Smartbox™'s right to act with respect to subsequent or similar failures. This Agreement set forth the entire understanding and agreement between you and Smartbox™ with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement, the Website or the Products must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
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