Updated: Dec 5, 2014
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using http://www.smartcal.it (“SmartCal”, “the Service”, "the Site") operated by Innovative Way, Inc. (“SmartCal”, "us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site or the Service at http://www.smartcal.it.
By accessing or using the Site or the Service in any manner, including, but not limited to, visiting or browsing the Site or the Service, completing the registration/subscription or purchase process, or contributing content or other materials to the Site or the Service, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
If you do not understand or agree with these Terms of Service, please do not use the SmartCal Service or any of its features and do not register to be a member of the Service.
The Service offers features that allow you, among other things: to access academic calendars to create, manage, and share calendars of events; to collect, manage, and administer calendar subscribers; to access search services and content, among other things. All content and features made available through the Service that were not made available as of the "Updated" date above, shall automatically be deemed to be part of the Service when first made available through the Service.
Use of the Service is void where prohibited. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into this Terms of Service agreement and to abide by all its terms and conditions. Furthermore, you must be an individual of 13 years of age or older to register or use the Service. In addition, we strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.
Description of SmartCal Service
As part of the Service, visitors can register with SmartCal to create a SmartCal user account to create and publish calendar(s), event(s), email(s), etc. ("User Content"). In order to register with SmartCal, you are required to supply a valid email address, which will be used as a unique identifier for your account, a valid credit card, and other personal data as necessary based on your registration type. You may also be asked to set a password or be asked to provide certain other information, including an image, interests and/or other requested information. You are solely responsible for maintaining the confidentiality of your password and account. You agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Service, to anyone else. You are also solely responsible for any and all activities that occur under your account, and you agree to not hold SmartCal liable or responsible for any damages for any and all activities conducted under your account. If you set a password, you may change your password, or any other account information, at any time by following instructions available on your Account Settings Page. You agree to immediately notify us at firstname.lastname@example.org of any unauthorized use of your account or any other breach of security related to your account or the Service.
SmartCal provides registered users with the ability to create and publish User Content for a variety of purposes. Registered users retain all rights in, and are solely responsible for the User Content they publish through SmartCal. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
By using Smartcal, you grant SmartCal a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on SmartCal solely for the purposes of operating, developing, providing, and using the SmartCal Products. Any User Content used by SmartCal in this manner will be appropriately attributed to the User Content owner. Nothing in these Terms shall restrict other legal rights SmartCal may have to User Content, for example under other licenses.
SmartCal takes no responsibility and assumes no liability for any damages from any User Content that you or any other user or third party creates, publishes, or transmits using SmartCal. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
As part of the Service, visitors can view and access User Content through personalized Url(s) ("Subscriber Feeds") accessible via computer applications and mobile devices. In order to subscribe with SmartCal, you are required to supply a valid email address, which will be used as a unique identifier for you, a valid credit card, and other personal data as necessary based on your subscription type. Your personal data may be collected by the User Content owners for data reporting purposes. You are also solely responsible for any and all activities that occur under your account, and you agree to not hold SmartCal liable or responsible for any damages for any and all activities conducted under your account. You agree to not forward, post, or in any way share your Subscription Links with anyone. You agree to immediately notify us at email@example.com of any unauthorized use of your account or any other breach of security related to your account or the Service.
As part of the Service, some Subscriber Feeds require a license ("Subscriber Feed License") to access the User Content. User Content requiring a Subscriber Feed License and any fee(s) and any renewal fee(s) ("Fees") associated with obtaining the Subscriber Feed License will be clearly marked as part of the Service. SmartCal reserves the right to update, change, modify any Fees at its discretion with 30 day prior notice.
By purchasing the Subscriber Feed License, you agree to pay any Fees associated with obtaining the Subscriber Feed License for the specified term (either monthly or yearly). Fees will be accessed and you will be charged Fees starting with the day of purchase. The Fees will also be charged on anniversary of the purchase, either monthly or yearly, in accordance to the term of the License (monthly or yearly). If you are paying by credit card and the payment for Fees are rescinded, rejected, chargedback, or otherwise delayed, your Subscriber Feed License will be suspended (with a seven day grace period) until your payment for Fees are received.
Renewal, Cancellation, and Refunds
The Subscriber Feed License will automatically renew for another term (either monthly or yearly) unless canceled by you via the Service. You may cancel the automatic renewal of your Subscriber Feed License(s) at any time. If you cancel the automatic renewal, your Subscriber Feed License will expire at the end of the term (either monthly or yearly). You are billed for exactly one license term at a time: either month-to-month or year-to-year. You may not pay for future terms in advance, and as such, SmartCal only offers Service credit and does not offer cash refunds.
Applications for Third-Parties
SmartCal provides registered users with the ability to customize and deploy applications for third-parties (ex: Facebook, Twitter, etc.) to help support their business activities. In order to assist our registered users, we have developed a suite of applications that you can customize by providing specific information, descriptions and images. These applications are deployed onto third-party websites or applications (ex: Facebook, Twitter), etc.). Because we have no control over these third-parties, you acknowledge and agree that we are not responsible for the availability of such third-party sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. In addition, you acknowledge and agree that we are not responsible for any use or data collected through applications deployed on third-party sites or resources. Furthermore, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which SmartCal has no control and which will govern your rights and obligations with respect to the use of those such third party's product, services or Websites.
Other Features and Beta Features
SmartCal may provide additional features from time to time through the Service, which SmartCal may make available for your use in its sole discretion. Additional features made available by SmartCal may be designated as in "beta". A feature or service that is in "beta" means that it is a work in progress and may not be fully functional, but that is being offered to test the feature or service and to develop its utility for the SmartCal community. As a user of the Service, you acknowledge and grant SmartCal the permission to send you communications promoting SmartCal's services and features.
License to Use the Service
SmartCal grants you a limited license to access and use of this Service and not to download (other than page caching) or modify it, or any portion of it, except with SmartCal's express written consent. The foregoing license does not include any resale use of this Service, the Service or its contents; any derivative use of this Service, the Service or its contents; or any use of data mining, robots, or similar data.
Restrictions on Use of the SmartCal Service
You agree not to do the following on or through the SmartCal Service:
- Post, transmit, or otherwise make available, through or in connection with the Service anything that is or may be:
- unlawful, threatening, harassing, degrading, abusive, hateful or intimidating;
- defamatory; libelous or invasive of another’s privacy;
- fraudulent or tortious;
- vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable;
- protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; or
- a virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment
- an unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity;
- any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
- Material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’; privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the Service.
- Harm minors in any way.
- Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Service, including without limitation by hacking or defacing any portion of the Service; or disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users’; ability to engage in real time exchanges.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Service.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Service any directory of SmartCal’s users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- Remove any copyright, trademark or other proprietary rights notice from the Service or Content or Materials originating from the Service.
- Frame or mirror any part of the Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Service.
- Create a database by systematically downloading and storing content from the Service.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from the Service or reproduce or circumvent the navigational structure or presentation of the Service.
- Engage in any other conduct which, in SmartCal’s sole discretion, is considered inappropriate, unauthorized or objectionable.
In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the Service.
In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
The Site, the Service and its original content, features and functionality are owned by Innovative Way, Inc. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Termination and Modification of the Service
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Materials within the Service, for any reason, at any time, without notice to you. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that we shall not be liable to you or any third party for any termination of your access to the Service.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Service, including, but not limited to (i) restricting the time the Service are available, (ii) restricting the amount of use of the Service permitted, and (iii) restricting or terminating any user’s right to use the Service, with or without notice; (b) charge fees in connection with the use of the Service; (c) modify and/or waive any fees charged in connection with the Service; and/or (d) offer opportunities to some or all users of the Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any service, content or feature offered through the Service.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Innovative Way, Inc.
Innovative Way, Inc. grants you a non-exclusive, non-transferable, limited license to use the Site and the Service in accordance with this Agreement.
Limitation Of Liability
In no event shall Innovative Way, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site or the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from your violation of any third-party's rights.
YOU EXPRESSLY AGREE THAT SMARTCAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SMARTCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH SMARTCAL OR A THIRD PARTY THROUGH THE USE OF THE SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT SMARTCAL IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Your use of the Site and the Service (including any downloads or any loss of data or other damage to your computer system or your personal devices you experience from using the Side and the Service) is at your sole risk. The Site and the Service is provided on an "as is" and "as available" basis and are subject to change at any time without notice to you. The Site and the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Innovative Way, Inc., its subsidiaries, affiliates, and its licensors do not warrant that a) the Site or the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) accuracy of data in Subscriber Feeds; d) the Site or the Service is free of viruses or other harmful components; or e) the results of using the Site or the Service will meet your requirements.
The Service is controlled and operated by SmartCal from the United States, and is not intended to subject SmartCal to the laws or jurisdiction of any territory other than that of the United States. SmartCal does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Services availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Texas, United States, without giving effect to any principles of conflicts of law.
These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and SmartCal. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in Collin County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
You agree that any claim or cause of action arising out of your use of the Service or these Terms of Service must be filed within six (6) months after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by SmartCal to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
SmartCal may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without SmartCal’s express prior written consent. These Terms of Service will inure to the benefit of SmartCal’s successors, assigns and licensees.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
This is the entire agreement between you and SmartCal relating to the subject matter herein and may not be modified by you.Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site or the Service. We will announce any such change by posting the revised draft of these Terms of Service on the Service. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. Your continued use of the Site or the Service after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or the Service or discontinue any use of the Site or the Service immediately.