1. ACCEPTANCE OF TERMS AND CONDITIONS OF SERVICE
Welcome to SmartandStrong.com. CDM Publishing, LLC, D.B.A.
as Smart + Strong ("Smart + Strong") provides the
Service to you ("you" or the "User"), subject to the following terms
and conditions (the "Ts and Cs"), as they may be amended from time to time.
Smart + Strong may amend or modify the Ts and Cs without notice,
effective immediately, by posting the Ts and Cs on the SmartandStrong.com website
or by otherwise notifying the User of the Ts and Cs. Smart + Strong
reserves the right to discontinue, on a temporary or permanent basis,
the Service (in whole or in part) without notice and without liability
to the User. If the User uses the Service after Smart + Strong posts
changes to the Ts and Cs, the User accepts the changed Ts and Cs.
By registering for or using the Service the User agrees to the Ts and Cs.
Smart + Strong may offer certain services that will be governed by
different or additional terms and conditions. All such additional terms
and conditions are hereby incorporated by reference into the Ts and Cs.
2. DESCRIPTION OF SERVICE
Smart + Strong offers Healthy Personals, a dating
service for health-oriented people, and may offer other services, such as
bulletin boards and chat rooms, on its SmartandStrong.com website (the "Service")
for use only under a nonexclusive, nontransferable, and nonassignable
license subject to the Ts and Cs. The User does not have the right to
copy, sell, or otherwise exploit for any commercial purpose the Service
(in whole or in part), access to the Service or use of the Service. Any
service added to the Service shall be governed by the Ts and Cs, unless
Smart + Strong expressly provides that such service shall be governed
by different terms and conditions.
The Service is provided "AS IS." Smart + Strong
shall have no liability for any interruption, error, omission,
deletion, defect, delay, or other problem with the Service.
3. ELIGIBILITY FOR MEMBERSHIP
The Service is available only to individuals who
can form legally binding contracts under applicable law and are at
least 18 years of age. If you do not qualify, please do not use the
Service or any of our services that require your ability to form
legally binding contracts. Smart + Strong may refuse access to the
Service to anyone, at any time, in its sole and absolute discretion.
4. USER'S OBLIGATIONS TO PROVIDE ACCURATE INFORMATION, CERTAIN OTHER USER OBLIGATIONS AND TERMINATION
The User represents and warrants that the User
will: (a) provide true, accurate, complete, and up-to-date information
about the User as prompted by the components of the Service and in the
registration process; and (b) maintain and in a timely manner update
this information so that it is at all times true, accurate, complete
and up to date. If any information provided by the User is untrue,
inaccurate, incomplete, or not up to date, if the User has violated the
Ts and Cs, or if the User has violated the rights of Smart + Strong or
others, then Smart + Strong may, without notice, terminate the User's
access and use of the Service. In addition, Smart + Strong reserves the
right, in its sole and absolute discretion, for any or no reason,
without liability to the User, to refuse access to the Service to the
It is the User's responsibility to arrange, be
responsible for and pay for the Internet access service connecting the
User's computer to the Internet to enable the User to have access to
5. USE OF INFORMATION, PRIVACY, CONTENT AND LICENSE
Smart + Strong's use of information about the
User that is disclosed by the User in connection with the use of the
Service and information about the User's use of the Service is governed
will not review, change, edit or disclose communications to or from the
User in connection with the use of the Service, except: (a) in the
event of a breach of the Ts and Cs; (b) as required by law; (c) in
connection with claims that the rights of third parties have been
violated; (d) in response to the User's requests; (e) to protect the
rights of Smart + Strong; or (f) as otherwise set forth in the Ts and
Cs. Smart + Strong may send to the User communications regarding
products or services that Smart + Strong believes may be of interest to
Your profile or username may not include
telephone numbers, street addresses, last names, URLs, e-mail addresses
or other identifiable contact information.
Smart + Strong retains the right to restrict the
number and size of e-mails that a member of the Service may send to
other members and the number of times and duration that a member of the
Service may access the Service during any period.
You are advised not to join the Service if you
are offended by adult-oriented conversations and material, as Healthy
Personals and other portions of the Service may include such content.
In an effort to promote respect for the
sensitivities of all the members of the service, Smart + Strong
reserves the right not to post any photograph that Smart + Strong does
not consider appropriate.
To enable Smart + Strong to use and publish your
information that you choose to make publicly available on SmartandStrong.com in
connection with your use of the Service ("User Information"), the User
grants Smart + Strong a nonexclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicenseable (through multiple tiers)
right (including all moral rights) and license to use, reproduce,
modify, adapt, publish, perform, prepare derivative works from,
distribute, and display User Information (in whole or in part) and to
incorporate it in other works, in any form, media or technology now
known or later developed, for the full term of any rights that may
exist in User Information.
6. USE OF COPYRIGHTED, TRADEMARKED OR OTHER PROTECTED MATERIAL
The User may not post any information or items to
SmartandStrong.com that are copied, in whole or in part, from third-party sources
without the third party's authorization. This includes:
- scanning of images created by others,
- copying, modifying, and linking to code, images, sound recordings, audiovisual works or text created by others,
- any other activities that would infringe the proprietary rights of others.
For further clarification, please see the U.S. Law on Copyrights, or see the websites of the U.S. Copyright Office or U.S. Trademark Office.
The User agrees not to post any material or items described above to SmartandStrong.com, including:
- as attachments to the User's profile
Smart + Strong respects the intellectual property
rights of others and requires that the User do so as well. Smart +
Strong will terminate the membership of users who are repeat infringers
of the intellectual property rights of others.
If a User or visitor to SmartandStrong.com believes his or
her copyright or other intellectual property right has been infringed
or violated by a posting on SmartandStrong.com, the User or visitor should send
notification to Smart + Strong's copyright agent, Jennifer Morton, immediately. To be effective, the notification must include:
- A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
- Identification of the copyrighted work or
other intellectual property claimed to have been infringed or violated,
or if multiple allegedly infringed works at SmartandStrong.com are covered by a
single notification, a representative list of such works at that site,
- Identification of the material that is
claimed to be infringing or to be subject to infringing activity and
that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit Smart + Strong to locate
- Information reasonably sufficient to
permit Smart + Strong to contact the complaining party, such as
address, telephone number and, if available, e-mail address at which
the complaining party may be contacted,
- A statement that the complaining party
has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent or
- A statement that the information in the
notification is accurate and, under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed or violated.
Or contact Smart + Strong's copyright agent via telephone, postal mail or fax:
Smart + Strong
Attention: Jennifer Morton, Copyright Agent
462 Seventh Avenue, 19th Floor, New York, NY 10018-7424
Telephone: (212) 938-2059
Fax: (212) 675-8505
Smart + Strong will then take appropriate
remedial action, which may include the removal of said infringing or
violative material or items, from SmartandStrong.com. Please make all
notifications of alleged infringements or violations promptly and allow
Smart + Strong at least 48 hours to review and, if appropriate, remove
the infringing or violative materials or items.
Smart + Strong is not responsible for material that is copied from the User's profile or postings.
7. PASSWORD AND SECURITY
The User will select a password upon completing
registration. The User authenticates the User's session by entering the
User's password and the User's ID. The User is responsible for
maintaining the confidentiality of the password and for all activities
in connection with the User's password. The User must immediately
notify Smart + Strong of any unauthorized use of the User's password or
any other breach of security.
To keep the User informed about Smart + Strong's
latest offers, we may notify the User of current promotions, specials
and new additions to SmartandStrong.com; we may also send the User service
announcements and administrative messages. The User may not unsubscribe
to this information as it is part of the User's membership. The User
can, however, terminate the User's membership at any time by notifying
Smart + Strong at email@example.com
of such termination; after such termination, the User will no longer
receive such communications without the User's prior consent.
8. ADDITIONAL USER RESPONSIBILITIES
The User shall comply with all applicable local,
state, national and international laws and regulations in connection
with the User's use of the Service, shall not impersonate any person or
entity or falsely represent User's identity, and shall not interfere
with the use of the Service by others, including, without limitation,
by submitting any virus or other mechanism to the Service, by
transmitting junk mail, spam, bombs or unsolicited e-mail or by
attempting to cause the Service to crash. The User shall be solely
responsible for the content that the User publishes, transmits or
displays on SmartandStrong.com and for all communications in connection with the
User's use of the Service. Any medical or legal advice contained in
e-mails, profiles or on SmartandStrong.com should not be considered a substitute
for professional medical or legal advice or care and should be
used only after consulting with a doctor or lawyer.
The User shall not use the Service to communicate
any unlawful, annoying, harassing, defamatory, libelous, abusive,
threatening, harmful, vulgar, obscene or tortious content ("content" for
purposes of the Ts and Cs shall mean data, textual material, software,
sound recordings, audiovisual works, photographs or other illustrations
or other information or materials) of any kind or any content that
invades, infringes or violates the personal or proprietary rights of
any person or entity. The User shall not attempt to gain unauthorized
access to other networks that may be connected to the Service.
You shall not use the Service to: post or
otherwise make available any content that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
harass or promote harassment of other members of the Service; send
unsolicited e-mail; post or otherwise make available content you know
to be inaccurate, illegal or misleading or that promotes conduct that
is abusive, threatening, obscene, defamatory or libelous; post or
otherwise make available content that exploits people under the age of
18 in a sexual, violent or other objectionable manner, or solicits
personal information from anyone under the age of 18; in any way harm
people under the age of 18; provide instructional content about illegal
activities; post or otherwise make available content that you do not
have the right to make available; solicit passwords or personally
identifiable information for commercial or unlawful purposes from other
members of the Service or users of SmartandStrong.com; or solicit other members of
the Service or users of SmartandStrong.com to buy or sell any product or service
without their prior consent.
The User shall indemnify and hold Smart + Strong
harmless from any claim, demand, action, loss, cost or expense,
including, without limitation, reasonable attorney's fees, arising out
of or in connection with the User's use of the Service, the User's
breach of any representation or warranty in the Ts and Cs, the User's
violation or breach of the Ts and Cs or the User's violation or
infringement of the rights of others.
10. LINKS, ADVERTISING AND THIRD-PARTY SERVICES
Links to other websites may be provided in the
Service. Certain Smart + Strong branded services may be provided by
third parties. Smart + Strong will not be responsible for the
availability of such external sites or third-party services, and does
not endorse and is not responsible or liable for any content,
advertising, service, product, or other material on or available from
such external sites, SmartandStrong.com, or third parties or for any damages
caused by or in connection with such content, advertising, service,
product or other material available from such sites or third parties.
11. SMART + STRONG's PROPRIETARY RIGHTS
Information made available to the User through
the Service and the content of the Service may be protected under
copyright, trademark, patent or other laws of the United States and
foreign jurisdictions. User may use this information and content only
as expressly authorized by Smart + Strong or the other proprietors of
this information and content and may not reproduce, publicly display or
perform, distribute or prepare derivative works of such information or
content without express authorization of the proprietors thereof.
"Smart + Strong," and certain other trademarks and service marks
displayed on the SmartandStrong.com website are trademarks and service marks of
CDM Publishing, LLC, and the User shall not display or otherwise use
for any purpose whatsoever such trademarks or service marks without the
prior written permission of CDM Publishing, LLC.
12. CARE IN USING THE SERVICE
The User should use caution when using the
Service. The User should be careful in using the Service to avoid
misrepresentations and other harmful effects. Smart + Strong reserves
the right at any time to screen or otherwise monitor content that is
provided in connection with the Service and to delete or remove any
content that violates the Ts and Cs or that Smart + Strong considers
inappropriate, offensive, illegal, a threat to the rights or safety of
any member of the Service or otherwise objectionable. Smart + Strong
does not monitor that the people who are using the Service are bona
fide, that confidential information will be treated as such or that the
content provided is accurate, truthful, up-to-date or not misleading.
13. DISCLAIMERS AND DISCLAIMERS OF WARRANTIES
USE OF THE SERVICE IS AT THE USER'S SOLE DISCRETION AND RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
SMART + STRONG MAKES NO WARRANTY THAT THE SERVICE
WILL BE UNINTERRUPTED, SECURE, FREE OF VIRUSES OR OTHER MECHANISMS, OR
ERROR-FREE. SMART + STRONG MAKES NO WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. SMART + STRONG
MAKES NO WARRANTY REGARDING ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE.
SMART + STRONG DOES N0T MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF SMARTANDSTRONG.COM OR ITS CONTENT OR
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
USE OF SMARTANDSTRONG.COM.
THE USER UNDERSTANDS AND AGREES THAT ANY CONTENT
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE OR SMARTANDSTRONG.COM IS AT THE USER'S OWN DISCRETION AND RISK AND THAT
THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
CONTENT AND/OR DATA.
SMART + STRONG EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT.
THE ABOVE EXCLUSIONS OF WARRANTIES MAY NOT APPLY TO THE USER IN JURISDICTIONS THAT DO NOT PERMIT SUCH EXCLUSIONS.
14. LIMITATION OF LIABILITY
SMART + STRONG SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR
CONSEQUENTIAL DAMAGES OF WHATEVER KIND AND HOWEVER CAUSED, INCLUDING,
WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, EVEN IF SMART + STRONG
KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE, SMARTANDSTRONG.COM OR THE
CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREON OR ANY INTERACTION
BETWEEN USERS, WHETHER ONLINE OR OFFLINE, ERRORS, OMISSIONS,
INTERRUPTIONS, DELETIONS, DEFECTS, INTERNET OR OTHER DELAYS,
COMMUNICATION-LINE FAILURES, THEFTS, DESTRUCTION, OR UNAUTHORIZED
ACCESS TO OR ALTERATION OF USER OR MEMBER COMMUNICATIONS, OR THE
INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE OR THE SMARTANDSTRONG.COM
WEBSITE, OR THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY
PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR INFORMATION RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR THE SMARTANDSTRONG.COM WEBSITE.
THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY
MAY NOT APPLY TO THE USER IN JURISDICTIONS THAT DO NOT PERMIT SUCH
EXCLUSIONS OR LIMITATIONS.
The Ts and Cs shall be governed by the internal
laws of the State of New York applicable to agreements made and to be
fully performed therein, without giving effect to conflict of laws
principles thereof. The User and Smart + Strong shall submit to the
personal and exclusive jurisdiction of the courts located within the
county of New York, State of New York.
If any provision of the Ts and Cs is held by a
court of competent jurisdiction to be invalid or unenforceable, that
provision shall be enforced to the maximum extent permissible and the
remaining provisions of the Ts and Cs shall remain in full force and
The paragraph headings are for convenience only and shall have no effect upon the meaning of the paragraph.
Effective: October 21, 2009