By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant SM.MS a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to SM.MS pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content SM.MS has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.
By downloading an image or copying other user-generated content (UGC) from SM.MS, you agree that you do not claim any rights to it. The following conditions apply:
You may not copy or use any portions of our site that are not UGC except within the limits of fair use.
If you see anything on our site that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act ("DMCA") agent by sending the following information:
Because a high percentage of DMCA takedown notices are not valid, SM.MS reserves the right to ignore DMCA notifications based on unregistered works.
Email: [email protected]
SB Professional Services LLC
1055 West 7th Street
33rd Floor Penthouse
Los Angeles, CA 90017
Use the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA takedown demand for material you posted that we believe constitutes fair use, we will attempt to notify you if we have your contact info; otherwise we are under no obligation to notify you regarding the removal. We reserve the right to refuse to remove any material that in our view constitutes fair use. If we identify you as a "repeat infringer," we will block or remove your images and terminate any accounts you have with us. (If we notify you of a DMCA removal and you respond with a legitimate counter-notice, that won't count toward being a repeat infringer.) Keep in mind that we reserve the right to remove any content at any time whether or not it infringes or violates any of our policies.
Although of course we strive to make SM.MS as dependable as possible, SM.MS's services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. SM.MS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER SM.MS TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, SM.MS HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. SM.MS DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON SM.MS.COM THAT IS NOT PRODUCED BY SM.MS, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.
Your sole remedy for the loss of any services and/or of any images or other data you may have stored on SM.MS's service is to discontinue your use of our service. SM.MS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, SM.MS'S SERVICES, EVEN IF SM.MS HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF SM.MS'S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.
YOU WILL INDEMNIFY AND HOLD SM.MS AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.