The following terms and conditions govern all use of the UtechSmart.com website and all content, services, and products available at or through the website, including, but not limited to, UtechSmart.com Forum Software, UtechSmart.com Support Forums and the UtechSmart .com Hosting service (“Hosting”), (taken together, the Website). The Website is owned and operated by UtechSmart Technologies (“UtechSmart”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, UtechSmart.com's Privacy Policy and Community Guidelines), and procedures that may be published from time to time on this Site by UtechSmart (collectively, the “Agreement”).

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - Your UtechSmart.com Account
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify UtechSmart of any unauthorized uses of your account or any other breaches of security. UtechSmart will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

SECTION 2 - Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
  • The downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
  • If your employer has rights to the intellectual property you create, you have either:
  ( i ) received permission from your employer to post or make available the Content, including but not limited to any software,
  ( ii ) secured from your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  The Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
  • The Content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful act (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • Your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
  • Your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by UtechSmart or otherwise.

SECTION 3 - User Content License
User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, UtechSmart has the right (though not the obligation) to, in UtechSmart's sole discretion
( i ) refuse content or remove that, in UtechSmart's reasonable opinion, violates any UtechSmart policy or is in any way harmful or objectionable,
( ii ) terminate or deny access to and use of the Website to any individual or entity for any reason, in UtechSmart's sole discretion. UtechSmart will have no obligation to provide a refund of any amounts previously paid.

SECTION 4 - Payment and Renewal
General Terms
Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay UtechSmart the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.
Automatic Renewal
Unless you notify UtechSmart before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.

SECTION 5 - Services
Hosting, Support Services
Optional Hosting and Support services may be provided by UtechSmart under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.
We offer HTTPS as a paid add-on. By signing up and using a custom domain on UtechSmart.com, you authorize us to act on the domain name registrant's behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
Enterprise Hosting services are provided by UtechSmart under the terms and conditions for each such service, which are determined by a customer-specific contract. By signing up for an Enterprise Hosting account you agree to abide by such terms and conditions.

SECTION 6 - Responsibility of Website Visitors
UtechSmart has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material's content, use or effects. By operating the Website, UtechSmart does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and others harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy intrinsic rights and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated o r unstated. UtechSmart disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

SECTION 7 - Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which UtechSmart.com links, and that link to UtechSmart.com. UtechSmart does not have any control over those non- UtechSmart.com websites and webpages and is not responsible for their contents or their use. By linking to a non-UtechSmart.com website or webpage, UtechSmart does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. UtechSmart disclaims any responsibility for any harm resulting from your use of non-UtechSmart.com websites and web pages.

SECTION 8 - Copyright Infringement and DMCA Policy
As UtechSmart asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to UtechSmart.com violates your copyright, and if this website resides in the USA, you are encouraged to notify UtechSmart in accordance with UtechSmart's Digital Millennium Copyright Act ("DMCA") Policy. UtechSmart will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. UtechSmart will use exterminate and the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of UtechSmart or others. In the case of such termination, UtechSmart will have no obligation to provide a refund of any amounts previously paid to Utech Smart.

SECTION 9 - Intellectual Property
This Agreement does not transfer from UtechSmart to you any UtechSmart or third-party intellectual property, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with UtechSmart. UtechSmart, UtechSmart.com, the UtechSmart .com logo, and all other trademarks, service marks, graphics, and logos used in connection with UtechSmart.com, or the Website are trademarks or registered trademarks of UtechSmart or UtechSmart's licensors. Other service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any UtechSmart or third-party trademarks.

SECTION 10 - Attribution
UtechSmart reserves the right to display attribution links such as ‘Powered by UtechSmart.com,’ theme author, and font attribution in your content footer.

SECTION 11 - Changes
UtechSmart reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. UtechSmart may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

SECTION 12 - Termination
UtechSmart may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effectively immediately. If you wish to terminate this Agreement or your UtechSmart.com account (if you have one), You may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

SECTION 13 - Disclaimer of Warranties
The Website is provided “as is”. UtechSmart and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither UtechSmart nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services Through, the Website at your own discretion and risk.

SECTION 14 - Limitation of Liability
In no event will UtechSmart, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for:
  ( i ) any special, incidental, or consequential damages;
  ( ii ) the cost of procurement for substitute products or services;
  ( iii ) for interruption of use or loss or corruption of data;
  ( iv ) for any amounts that exceed the fees paid by you to UtechSmart under this agreement during the twelve (12) months period prior to the cause of action. UtechSmart shall have no liability for any failure or delay due to matters beyond their reasonable control . The preceding shall not apply to the extent prohibited by applicable law.

SECTION 15 - General Representation and Warranty
You represent and warrant that:
(i) your use of the Website will be in strict accordance with the UtechSmart Privacy Policy, Community Guidelines, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or another governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside)
(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

SECTION 16 - Indemnification
You agree to indemnify and hold harmless UtechSmart, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this agreement.

SECTION 17 - Miscellaneous
This Agreement constitutes the entire agreement between UtechSmart and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of UtechSmart, or by the posting by UtechSmart of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitrary decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the party's original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; UtechSmart may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the ben efit of the parties, their successors, and permitted assignments.

Originally adapted from the WordPress Terms of Service.