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Welcome to SmartDamak.com. SmartDamak Services and/or its affiliates (“SmartDamak”) provide website features and other products and services to you when you visit or shop at SmartDamak.com, use SmartDamak products or services, use SmartDamak applications for mobile, or use software provided by SmartDamak in connection with any of the foregoing (collectively, “SmartDamak Services”). SmartDamak provides the SmartDamak Services subject to the following conditions.
By using SmartDamak Services, you agree to these conditions. Please read them carefully.
We offer a wide range of SmartDamak Services, and sometimes additional terms may apply. When you use an SmartDamak Service (for example, Your Profile, Gift Cards, SmartDamak Video, Your Media Library, SmartDamak devices, or SmartDamak applications) you also will be subject to the guidelines, terms and agreements applicable to that SmartDamak Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of SmartDamak Services, to understand our practices.
When you use SmartDamak Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other SmartDamak Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any SmartDamak Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of SmartDamak or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any SmartDamak Service is the exclusive property of SmartDamak and protected by U.S. and international copyright laws
Click here to see a non-exhaustive list of SmartDamak trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any SmartDamak Service are trademarks or trade dress of SmartDamak in the U.S. and other countries. SmartDamak’s trademarks and trade dress may not be used in connection with any product or service that is not SmartDamak’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SmartDamak. All other trademarks not owned by SmartDamak that appear in any SmartDamak Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SmartDamak.
One or more patents owned by SmartDamak apply to the SmartDamak Services and to the features and services accessible via the SmartDamak Services. Portions of the SmartDamak Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable SmartDamak patents and applicable licensed patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, SmartDamak or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the SmartDamak Services. This license does not include any resale or commercial use of any SmartDamak Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any SmartDamak Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by SmartDamak or its licensors, suppliers, publishers, rightsholders, or other content providers. No SmartDamak Service, nor any part of any SmartDamak Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SmartDamak. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SmartDamak without express written consent. You may not use any meta tags or any other “hidden text” utilizing SmartDamak’s name or trademarks without the express written consent of SmartDamak. You may not misuse the SmartDamak Services. You may use the SmartDamak Services only as permitted by law. The licenses granted by SmartDamak terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own SmartDamak account to use certain SmartDamak Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. SmartDamak does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the SmartDamak Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their SmartDamak Household. Alcohol listings on SmartDamak are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. SmartDamak reserves the right to refuse service, terminate accounts, terminate your rights to use SmartDamak Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SmartDamak reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant SmartDamak a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SmartDamak and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SmartDamak for all claims resulting from content you supply. SmartDamak has the right but not the obligation to monitor and edit or remove any activity or content. SmartDamak takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
SmartDamak respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from SmartDamak are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
SmartDamak does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, SmartDamak does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .
SmartDamak attempts to be as accurate as possible. However, SmartDamak does not warrant that product descriptions or other content of any SmartDamak Service is accurate, complete, reliable, current, or error-free. If a product offered by SmartDamak itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on SmartDamak and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on SmartDamak.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on SmartDamak and other retailers. Certain products may have a “Was Price” displayed, which is determined using the recent price history of the product on SmartDamak.
With respect to items sold by SmartDamak, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by SmartDamak is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by SmartDamak, such as the SmartDamak App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here .
APP SANCTIONS AND EXPORT POLICY
You may not use any SmartDamak Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using SmartDamak Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including SmartDamak Software), technology, and services.
Parties other than SmartDamak operate stores, provide services or software, or sell product lines through the SmartDamak Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from SmartDamak. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). SmartDamak does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SmartDamak SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SmartDamak SERVICES ARE PROVIDED BY SmartDamak ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SmartDamak MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SmartDamak SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SmartDamak SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SmartDamak SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, SmartDamak DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SmartDamak DOES NOT WARRANT THAT THE SmartDamak SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SmartDamak SERVICES, SmartDamak’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SmartDamak ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SmartDamak WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SmartDamak SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SmartDamak SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.