Terms of service

Last modified: April 12, 2017

Thank you for using Smartketer.

This website is operated by Smartketer LLC. Throughout the site, the terms “we”, “us” and “our” refer to Smartketer.

Smartketer offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. If you do not agree to all of the terms of this agreement, do not use our service.

1.0 Introduction

Welcome to Smartketer! We are pleased that you have decided to open an account and to use our services. We specialize in designing banner ads in standard sizes for display advertising - website banners, banners on other sites, Facebook ads, banners for AdWords display, and the like.

We also design and prepare landing pages so that your name recognition and branding will be consistent and will fit seamlessly with your website content. For agencies that want to supply banners and landing pages to their clients, we have a special white label solution described below.

We are a team of passionate marketers and designers with a mission of helping businesses and nonprofit organizations run more successful display campaigns and to grow their enterprises accordingly. We achieve that by doing our best to design ads and banners, along with compatible landing pages, that are aesthetically pleasing, engaging, informative, non-intrusive, providing value to both the advertiser and the viewer. We hope to make the internet more rewarding for our clients and more pleasing to the end-user.

(A) Digital signature

By registering for a Smartketer account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement electronically, effective on the date you register your Account or click to accept the Terms of Service, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms of Service, and any amendments.

(B) Contact information

This website is operated by Smartketer LLC. Throughout the site, the terms “we”, “us”, “our”, and “Smartketer” refer to Smartketer LLC and Smartketer.com. The terms “Client”, “User”, “Customer”, and “you” or “your” refer to you, the customer. If you have questions, comments or concerns about the Terms and Conditions, please contact us by email at contact@smartketer.com or postal mail to: Smartketer LLC, 156 2nd Street,

1.1 Our services and products

Our products are designed to assist in increasing your brand awareness in the marketplace. This is what helps customers recognize your brand and know of its presence in the market. It steers them toward purchasing your product or service. Building your brand name, along with growing and evolving your online networking, may be the most productive marketing that you can do to mark a position in the competitive digital marketplace.

Marketing experts recommend a strong focus on nourishing and building your unique brand for maximum growth. However, business management and marketing is a mix of many factors, and as with any similar business entity, Smartketer cannot guarantee the results or impact of our products and services. See in later sections of this Agreement for the disclaimers of warranty that you must agree to for access to our website.

Our products and services are generally described in the following three categories:

(A) High quality banner ads

We provide design services for display advertising and digital marketing materials. Banner ads can be created in different formats such as JPEG, PNG, GIF, HTML5 and SWF file types. Our pricing plan is set forth on our website and is specifically incorporated herein. Our prices are specific for each file type and we only provide one file type for each order. Customers that need the banners in multiple formats need to place a separate order for each file type they desire. We design the banners following the guidelines of some of the major display advertising platforms.

(B) Landing page service

A landing page is the section of a website accessed by clicking a hyperlink on another web page. The link will typically take the prospective customer to the main web page of the destination website. It is important for brand name to be consistent and uniform in its different media uses. Our banners will link with a seamless landing page for maximum branding impact, giving you a distinct marketing edge over others that are not coordinated and consistent. Marketing experts rate the effect of consistent and uniform branding as a critical component of successful name recognition.

(C) White label solution

We also have a subscription-based white label solution. Our clients can choose between a monthly and annual subscription plan. With this service, we hide our identity (instead of www.smartketer.com in the browser our clients can use their own custom domain, for example: preview.yourdomain.com) and you can use your own company logo. This service is ideal for agencies who want to provide banners to their customers.

This can help increase client satisfaction and allow the agency to grow its business and increase its sales. We design the banners based on information provided by the agency and we remain silent throughout the process, promising not to contact your clients and to preserve your interests accordingly.

1.2 Terms and conditions constitute a legal agreement

These Terms and Conditions, including all related material as defined herein, have been drafted to be transparent so that there will always be a clear and informative understanding between us and our customers. Anyone entering the site under any circumstances is either a User or a Customer and is bound legally to these terms and conditions. That means that you are entering a legal and binding contractual relationship. We’ve drafted these Terms and Conditions so that you’ll know the rules that govern our relationship.

If you cannot agree to the conditions, restrictions and limitations set forth in these Terms and Conditions, along with the privacy policy, administrative regulations, and other related materials, you cannot use this website and you warrant that you will not use the site. If you are using or accessing the service on behalf of a company or other legal entity, you are certifying that you have the authority to bind such entity to these terms and conditions. If you do not have such authority, or if you do not agree with these terms and conditions, you are strictly prohibited from using or accessing Smartketer, its services or products, and you must immediately exit the service.

When you go forward and register as a customer, or visit as a user, you will be affirming by those acts that you agree with all the terms and conditions, privacy policy, administrative regulations, and other policy statements of Smartketer, in these terms and conditions and any related materials on the website or in any app(s) that may from time to time be distributed. Therefore, please read these and all provisions carefully so that you understand them.

1.3 Generality of terminology

The use of the phrase “Terms & Conditions” in this and related documents is inclusive rather than exclusive. The phrase, as used by Smartketer may include and be referring also to provisions in the Privacy Policy, Administrative Guidelines, Spam Policy, and any separate policy statements or related materials that may be published herein or on the website or any app(s) that may be provided for mobile units in the future. This includes provisions attached to this Agreement later as an amendment or modification. Likewise, references to the Privacy Policy and other policy components are inclusive rather than exclusive, in the same manner.

In that sense, all provisions must be read together to arrive at their best inclusive meaning. When we say, for example, to check your ‘terms and conditions’, we are directing you to check out all published provisions in this Agreement, and all other relevant material whether contained here or appearing on the website, social media platforms, or any app(s). Furthermore, the terms “terms and conditions”, “terms of use”, “terms of use and service”, and any similar references in this Agreement are intended to be used interchangeably and generically, so that there are no distinguishing characteristics that separate one of them from the others.

1.4 Visitors and customers

A Visitor is a casual user who is visiting the site but who has not yet opened an account. Even visitors, however, must log in, obtain a username and assign a password. Every person, whether a visitor or customer, must be able to enter a binding contract and must be at least 18 years of age. Special provisions for parental use on behalf of a minor are included below.

A Customer is a person who has opened an account and purchased one or more products and/or services. Before becoming a Customer, the person will be a Visitor and must start with a username and password as well. These identifying items will stay with the person when he/she becomes a Customer. A Customer is required to provide additional information for entering into a transaction for services with Smartketer. This includes addresses, business entity, legal status, credit card information, PayPal information and the like.

1.5 Parents responsible for activities of minors using the site

Important Notice For The Parent Or Guardian:

No one can use the site or be a customer who is under the age of 18. If you are the parent or legal guardian of a child under the age of 18, and you register a User and/or Customer account under your own name and with your own information, the minor may use the site under your auspices and control. In such event, you are legally responsible to pay for the services and products purchased as the legal party to the transaction. In such event, you hereby agree to be bound by all these terms of use and conditions with respect to your or the child’s use of the website. This means that you voluntarily and willingly agree to be bound by any purchase agreements and for any sums owing on the account.

Headings

The headings in these Terms & Conditions are a matter of convenience only, and no legal import should be attributed to the wording or placement of the headings.

1.7 Setting up and maintaining an account

Setting up an account with Smartketer is free of charge. The account process starts with the username and password designations. When the first product or services are ordered, a Customer Account is started. You are responsible for all activities that occur through your account. You hereby warrant that you will provide only true and accurate information to Smartketer with respect to all aspects of your account. You agree to pay for the services and products ordered on the account. You will use reasonable measures to keep your account secure, including the changing of your password periodically. You agree to promptly notify Smartketer of any breach of security, misuse or unauthorized use of the account or your credentials.

By creating an account on Smartketer you may subscribe to our newsletter or other type of email notifications. You can opt-out from newsletter and other type of email notifications that you receive by clicking the Unsubscribe link or by editing your email preferences directly within your account.

1.8 Modification or changes

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of service constitutes acceptance of those changes.

1.9 How it works

We have different choices of banners and types of service agreements. These are amply explained on the Smartketer website. Every step is well-explained on the website for your full information and ease of use. There is information on the website and links to other information that will in general assist you in learning how to choose the right banners for your project or business.

In addition, our designers are available to help you get through the process to your satisfaction. We provide personal attention to your needs and will provide revisions to the product where requested. We understand that a company rises and falls on how well it communicates with and serves the customer. Customer service is the moving force that we keep in mind in our daily successes in the business.

(A) The general procedure

The general procedure is that you will choose the type and the number of banners needed and enter an order pursuant to the instructions on the website. After the payment is made, the Customer completes a form that specifies the details and specifications for the banners desired. The work is then commenced on each purchase. The Customer may log into the dashboard to see the progress of the order. When the work is complete and the Customer approves the work, the banners are downloaded by the Customer.

Intelectual property, trademark and copyright protection

Your privacy is important to us, and our policy is simple: we will collect no personally identifiable information about you when you visit Smartketer.com unless you choose to provide that information.

2.0 Intelectual property, trademark and copyright protection

We have different choices of banners and types of service agreements. These are amply explained on the Smartketer website. Every step is well-explained on the website for your full information and ease of use. There is information on the website and links to other information that will in general assist you in learning how to choose the right banners for your project or business. In addition, our designers are available to help you get through the process to your satisfaction.

We provide personal attention to your needs and will provide revisions to the product where requested. We understand that a company rises and falls on how well it communicates with and serves the customer. Customer service is the moving force that we keep in mind in our daily successes in the business.

2.1 Our content

You acknowledge that the Smartketer site may from time to time contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The entire Content, taken together, is protected under copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.

Modification of the Content or use of the Content for any other purpose, including use of any such Content or part of it, on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Platform, including the Content.

The content found within our Website and Services, including any apps for mobile devices or otherwise, is protected to Smartketer under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

2.2 Digital millenium copyright act compliance

Our Website will respond quickly to claims of copyright infringement as found in our Content, per the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our Website;
  • Your address, telephone number, and email address;
  • 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
  • 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.
  • We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.

You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material that you are using is protected by copyright laws, we suggest that you first contact an attorney.

Our address for communications described above:

Intellectual Property Agent Smartketer
Smartketer LLC
156 2nd Street, San Francisco, CA 94105 USA
(001) 650-741-1328
contact@smartketer.com
For more details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

2.3 Counter notification to claimed copyright infringement

If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter notification with the website owner and/or the ISP. If website owner and/or the ISP receives a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter notification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.

Please be advised that United States copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

2.4 Refund policy

In return for the valuable services and products, you hereby agree to and acknowledge that you have an absolute duty to pay for the services and products that you purchase from us. We work with our Customers to assure their satisfaction by giving free revisions to tweak the banner ads purchased, and to see to it that the Customer is satisfied with the purchase. After the product is approved and downloaded, however, Smartketer will not give a refund. Prior to approving and downloading the product, you have a 30-day window to request a refund.

Due to our liberal policy of working with the Customer to design and revise the banners to the Customer’s specifications, Smartketer has a strict policy that it cannot give refunds to Customers who have approved, received and downloaded the products purchased. You will receive the benefits of our advanced technological resources once you download the banner(s), and it is economically impractical and unfair to provide refunds after those resources have been applied to your benefit. You hereby acknowledge your understanding of this policy and its reasons, and you hereby express agreement with this policy.

You warrant that you will not seek a refund nor attempt to use credit card chargeback procedures to obtain a refund after you have approved and received the product and services. If you do not willingly and voluntarily agree to this policy, you agree to go no further and to leave the website now, and to cease from using or trying to use the services.

2.5 Modification of the service and prices

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

2.6 Closing your account

You or Smartketer may terminate this Agreement at any time and for any reason by giving Notice to the other party. In the event of a termination, you agree that you will pay all amounts due immediately so that your account has no balance owed. In addition, understand that Smartketer may, in its sole discretion and at any time, permanently or temporarily terminate or suspend your access to the service and to the website without notice and liability for any reason, including if in our sole determination, you violate any provision of this Agreement, or for no reason.

You or Smartketer may terminate this Agreement at any time and for any reason by giving Notice to the other party. In the event of a termination, you agree that you will pay all amounts due immediately so that your account has no balance owed. In addition, understand that Smartketer may, in its sole discretion and at any time, permanently or temporarily terminate or suspend your access to the service and to the website without notice and liability for any reason, including if in our sole determination, you violate any provision of this Agreement, or for no reason.

Terms and conditions -- Administrative provisions, rules, standards and disclamers

3.0 Indemnification

You will indemnify, defend, and hold harmless Smartketer, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to:

  • (a) use of the Site and the Site Services by you or your agents, including any payment obligations incurred through use of the Site Services;
  • (b) any Service Contract entered into by you or your agents;
  • (c) failure to comply with the Terms of Service by you or your agents;
  • (d) failure to comply with applicable law by you or your agents;
  • (e) negligence, willful misconduct, or fraud by you or your agents;
  • (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.

3.1 Restrictions on user content and rules of the house

In using our website or service, you agree that you shall not do any of the following, upon penalty of law and at the risk of being suspended from the service. You shall not:

  • Create a false identity on the website or misrepresent your identity;
  • Misrepresent your current or previous positions, experience and qualifications;
  • Use or attempt to use another's account;
  • Send spam or other unwelcomed communications to others in the Chat section or in any other manner;
  • Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or method);
  • Disclose information that you are not authorized to disclose or that violates the privacy or confidentiality of others;
  • Violate intellectual property rights of others, including of Smartketer, regarding patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • Copy any content unless expressly permitted to do so herein;
  • Upload, post, email, transmit or otherwise distribute any material that is unlawful, harmful, threatening, abusive, bullying, harassing, defamatory, vulgar, obscene, pornographic, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, or is otherwise objectionable;
  • Use or distribute any material, data or programs that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data;
  • Use or distribute any material, data, information or programs containing any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive in any manner;
  • Impersonate any person or entity or misrepresent their affiliation with anyone;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
  • Interfere with or disrupt the Smartketer website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  • Collect or store personal data about other users or viewers without their consent;
  • License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Smartketer website or any Smartketer intellectual property of any kind;
  • Modify, translate, make derivative works of, disassemble, decompile, reverse compile, reverse engineer, or otherwise deal with the source code of the site, or any part of the Smartketer website or any software provided as part of the website;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Smartketer services;
  • Perform any other actions that we determine, in our sole discretion, inimical to our interests.

3.2 Penalties for spam

You agree that Smartketer may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then the Customer agrees to pay Smartketer liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with their Account.

3.3 Disclaimers – no warranties

YOU HEREBY WILLINGLY AND VOLUNTARILY AGREE TO AND BIND YOURSELF TO THE FOLLOWING DISCLAIMERS OF WARRANTIES AND LIABILITIES. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS.” WE AND OUR OFFICERS, OWNERS, EMPLOYEES, AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, STATUTORY OR OTHERWISE, REGARDING OUR SERVICES OR PRODUCTS.

WITHOUT LIMITING IN ANY WAY THE FOREGOING, WE AND OUR OFFICERS, OWNERS, EMPLOYEES, AFFILIATES AND AGENTS MAKE NO WARRANTY (A) THAT THE SERVICES OR PRODUCTS WILL BE COMPATIBLE WITH YOUR COMPUTER OR OTHER HARDWARE OR SOFTWARE; (B) THAT THE SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS; OR (C) THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE, OR FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSIONS, OR OTHERWISE LOST, DAMAGED OR UNRETRIEVABLE. EXCEPT TO THE EXTENT PROHIBITED BY LAW.

3.4 Limitations of liability

SMARTKETER, AND ITS OFFICERS, OWNERS, EMPLOYEES, AFFILIATES AND AGENTS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF ADVISED OF THE POTENTIAL DAMAGES IN ADVANCE, AND EVEN IF THE DAMAGES RESULT FROM SMARTKETER’S OWN NEGLIGENCE. FURTHER, SMARTKETER AND ITS OFFICERS, OWNERS, EMPLOYEES, AFFILIATES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH:

    (A) YOUR INABILITY TO USE THE SERVICES OR PRODUCTS, INCLUDING AS A RESULT OF:
  • TERMINATION OR SUSPENSION OF THIS AGREEMENT,
  • YOUR USE OF OR ACCESS TO THE SERVICE,
  • OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES OR PRODUCTS, OR
  • ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL
    OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING BUT NOT LIMITED TO POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS;
  • (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS;
  • (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE; OR
  • (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY EVENT, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE(S) OR PRODUCT(S) THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

3.5 Force majeure

We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God; labor disputes or other industrial disturbances; systemic electrical, telecommunications, or other utility failures; earthquake, storms or other elements of nature; blockages, embargoes, riots, acts or orders of government; acts of terrorism or war; and/or Internet service provider failure or delay, or denial of service attack. You agree to hold Smartketer harmless for all such interruptions.

3.6 Independent contractors; non-exclusive rights

You understand and agree that we and you are independent contractors, and neither party, nor any of the parties’ respective partners, officers, managers, owners, employees, affiliates, and agents is an agent of the other for any purpose nor do they have the authority to bind the other.

3.7 Smartketer may develop similar digital products

We may use the concepts, ideas, theories, and techniques that we used to design or produce your product(s) in the design and creation of product(s) sold or provided to other Customers, provided that, we agree that we will not use your duly registered intellectual property, such as trademarks or copyrights, in the design or presentation of ads made for or used by Smartketer, its affiliates or business partners, or its customers.

3.8 Smartketer rights to compete and conduct business

(a) You understand and agree that Smartketer may enter, invest in, or engage in, areas of its own business or entrepreneurial growth and activities, which may be similar to or which may compete with the business, products, ventures, services, concepts, systems, or techniques of its customers, past, present or future. You do not obtain a right of non-competition vis a vis Smartketer simply because it has produced digital advertising of some manner or form for your business; such a prohibition is agreed to be unreasonable and unenforceable. Smartketer will preserve and protect your proprietary rights under law in such instances.

(b) You understand and agree that Smartketer may assist other customers, business entities, third party developers or systems integrators who may offer products or services which compete with your products or services. The parties agree that it would be unreasonable and unenforceable to prohibit Smartketer from doing business and obtaining customers who conduct businesses or engage in entrepreneurial activities that are in some form a competitor or potential competitor of your business. Smartketer will preserve and protect your proprietary rights under law in such instances.

3.9 No third-party beneficiaries

This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

4.0 No assignment

You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without the prior written consent of Smartketer. Any assignment or transfer in violation of this section will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective heirs, successors and assigns.

4.1 No waivers

The failure by Smartketer to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision later. All waivers by us must be in writing to be effective.

4.2 Severability

If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be severed from this agreement and the rest of the Agreement shall remain in full force and effect; excepting that, the stricken provision shall, to the maximum extent permissible by law, be interpreted to affect the intent of this agreement according to the expressions in the remaining enforceable provisions herein.

4.3 Governing law; venue

The laws of the State of California, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. Any dispute relating in any way to the Service, Products or this Agreement will be adjudicated in any state or federal court in California. You consent to exclusive jurisdiction and venue in those courts. We may seek injunctive or other relief in any state or federal court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third party’s intellectual property or other proprietary rights. This shall also apply in case the User registers from another country. The place of jurisdiction is the location of the Service Provider’s registered office.

4.4 Entire agreement; english language

This Agreement is the entire agreement between you and us regarding the Services and Products that you purchase or will purchase from Smartketer. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document.

If the terms of this document are inconsistent with the terms contained in any information or materials appearing elsewhere, such as on the website or in a mobile app that we may distribute for the use of our customers, the terms contained in this document will control. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.

Terms and Conditions: Last Modified April 12, 2017

Questions about the Terms of service should be sent to us at contact@smartketer.com.

Smartketer LLC
156 2nd Street, San Francisco, CA 94105 USA
(001) 650-741-1328
contact@smartketer.com

Privacy policy

Your privacy is important to us, and our policy is simple: we will collect no personally identifiable information about you when you visit Smartketer.com unless you choose to provide that information.

5.0 General privacy policy

Your privacy is important to us, and our policy is simple: we will collect no personally identifiable information about you when you visit Smartketer.com unless you choose to provide that information. What information do we collect? When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, payment information, location or other details to help you with your experience. When do we collect information? We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site. What do we do with the information we collect? We may use and disclose your Personal Information only as follows:

  • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To improve our website in order to better serve you.
  • To allow us to better service you in responding to your customer service requests.
  • To quickly process your transactions.
  • To send periodic emails regarding your order or other products and services.

5.1 Tracking technologies

We may use certain trusted third party companies and individuals to help us provide, analyze, and improve our services (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the service’s features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy. As of the date this Policy went into effect, we use Amazon Web Services (cloud services, database, backup and storage). For more information about AWS please visit aws.amazon.com.

5.2 Credit card protection

To protect your payment information, our credit card processing vendor uses the latest 128-bit Secure Socket Layer (SSL) technology for secure transactions. Our vendor is certified as compliant with card association security initiatives, like the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC).

5.3 Cookies

You can delete cookies from your hard drive at any time. You can set your Internet browser so that it will not allow cookies to be stored on your device. This may reduce the functionality of Smartketer website and may mean that certain features or content will not be available to you. Further information on how to prevent cookies from being stored on your device can be found on www.allaboutcookies.org under the 'manage cookies' section. Alternatively, you can access further information by going to the help menu within your Internet browser. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

5.4 Advertising

We use cookies from third parties that deliver ads online. These third party cookies track user behavior and allow the network to serve you tailored advertising that might be of interest to you based on your use of Smartketer website. If you wish to opt out of Google's use of cookies, please visit the Google Advertising opt-out page. Please note this does not opt you out of being delivered advertising. You will continue to receive generic ads.

5.5 Protection of your information

Your privacy and the security of your personal information are important to us. We maintain and protect the security of our servers and your personal information. No data transmission over the Internet can be guaranteed to be 100% secure, however. Accordingly, despite the safeguards in place to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, or to or from our online products or services. You transmit all such information at your own risk. However, once we receive your personal information, we will undertake all commercially reasonable efforts to ensure its security on our systems.

To secure the information we collect online, prevent unauthorized access, maintain data accuracy and ensure only appropriate use of information, we have established appropriate physical, electronic and management safeguards. We require usernames and passwords to access sensitive data. Unless you authorize unencrypted transmission, we will use industry standard encryption methods to protect your data transmission.

5.6 No liability for information filtration

You hereby understand and agree that, notwithstanding the security measures taken by Smartketer, it is possible that there might occur filtration of information which is absolutely alien to the activity of Smartketer. You understand and agree that by accessing and using this website, you accept the risk of filtration of information, and you hereby remise and release Smartketer, its successors, assigns, purchasers, owners, employees and agents, from any and all liability therefrom.

5.7 Other sites

If you click on a link and go to another site, you will be subject to that website’s privacy policy. If we conduct business with that website such that we need to exchange personally identifiable information, we will make sure that the business has a privacy policy just as protective as ours. We encourage you to read the posted privacy policy statement at any website before submitting any personal information at all.

5.8 Update and changes of privacy policy

If we decide to change our privacy policy, we will post those changes to this Privacy Policy, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Under appropriate circumstances, we may send you email notice of such changes, but we urge you not to rely on that method of receiving information.

You must check back to this Privacy Policy and these Terms and Conditions to remain apprised of important changes. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page prior to the change becoming effective. In any event, with or without notice, your continued use of the website and the services after changes are published, shall establish your acceptance and agreement of the terms and conditions, including the published changes.

5.9 California privacy rights under california civil code section 1798.83 and other privacy laws

If you are a resident of California (“California Users”), in addition to the rights set forth in this Privacy Policy, you generally have the right to request information from Smartketer regarding how Smartketer shares certain categories of Personally Identifiable Information with third parties for their direct marketing purposes. Smartketer does not share such information for marketing purposes. Under the law, however, you should be familiar with your choices and the information required to be announced by law.

Under the law, a business is not required to provide this information if it adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes. Rather, the business may comply with the law by notifying California Users of their rights to prevent disclosure of personal information and providing a cost free means to exercise that right. In this case, Smartketer does not share information for that purpose.

Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as Smartketer has no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how it will handle your information.

THIS POLICY IS DESIGNED TO COMPLY WITH THE CALIFORNIA ONLINE PRIVACY PROTECTION ACT (CALOPPA). WE WILL HONOR ALL DO NOT TRACK SIGNALS FROM WEB BROWSERS. YOU HAVE A RIGHT TO SEND A SIGNAL TO ANY WEBSITE WITH A DO NOT TRACK SIGNAL. WE HONOR DO NOT TRACK SIGNALS AND DO NOT TRACK, PLANT COOKIES, OR USE ADVERTISING WHEN A DO NOT TRACK (DNT) BROWSER MECHANISM IS IN PLACE. AGAIN, WE DO NOT SHARE PERSONALLY IDENTIFIABLE INFORMATION WITH ANY THIRD PARTIES FOR MARKETING PURPOSES.

QUESTIONS:

We are a design agency located in San Francisco, California (address Smartketer LLC, 156 2nd Street, San Francisco, CA 94105 USA.).
(001) 650-741-1328
contact@smartketer.com