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Terms of use

Agreement between the user and Smart-RTC

The Smart-RTC Web Site is comprised of various Web pages operated by Smart-RTC.

The Smart-RTC Web site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Smart-RTC Web site constitutes your agreement to all such terms, conditions and notices.

Changes to these Terms of Use

Smart-RTC reserves the right to change the terms, conditions, and notices under which the Web Site is offered Smart-RTC, including but not limited to the charges associated with the use of Smart-RTC website

Links to Third Party Sites

The Smart-RTC Web site may contain links to other Web Sites ( “Linked Sites”). The Linked Sites are not under the control of Smart-RTC and Smart-RTC therefore not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site . Smart-RTC is not responsible for webcasting or any other form of transmission received from any Linked Site. Smart-RTC is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Smart-RTC site or any association with its operators.

Unlawful or Prohibited Use

As a condition of your use of the Smart-RTC Web site, you warrant to Smart-RTC will not use the Smart-RTC Web site for illegal purposes or prohibited by these terms, conditions and notices. You may not use the Smart-RTC Web site so that could damage, disable, overburden, or impair the Smart-RTC Web site or interfere with the use and enjoyment of the Smart-RTC Web site by third parties. You may not obtain or attempt to obtain any materials or information through any means not intentionally provided for through the Smart-RTC website.

Use of communication services

The Smart-RTC Web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and / or other message or communication facilities designed to enable you to communicate with the public in general or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example and not limitation, you agree that when using a Communication Service, you will not:

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

* Publish, post, upload, distribute or disseminate any topic, name, material or information that is inappropriate, profane, defamatory, infringing, obscene or illegal.

* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

* Advertise or offer to sell or buy any goods or services for commercial purposes, except that such Communication Service specifically allows such messages.

* Conduct or forward surveys, contests, chain letters or pyramid schemes.

* Download any file posted by another user of a Communication Service that you know, or reasonably should know, can not be legally distributed in such manner.

* Falsify or delete any author attributions, legal or other notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

* Restrict or inhibit any other user from using and enjoying the Communication Services.

* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

* Violate any applicable laws or regulations.

Smart-RTC has no obligation to monitor the Communication Services. However, Smart-RTC reserves the right to review materials posted to a Communication Service and to remove any discretion. Smart-RTC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Smart-RTC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part at the sole discretion of Smart-RTC.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Smart-RTC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Smart-RTC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Service Communication. Managers and hosts are not authorized Smart-RTC, and their views do not necessarily reflect those of Smart-RTC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction or disclosure mandated by the person who has gone up. You are responsible for adhering to such limitations if you download the materials.

Materials supplied to Smart-RTC or published on any website Smart-RTC

Smart-RTC does not claim ownership of the materials you provide to Smart-RTC (including feedback and suggestions) or post, upload, input or submit to any Web site of Smart-RTC or its associated services (hereinafter ”Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Smart-RTC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

Do not pay any compensation for the use of your Submission, as provided herein. Smart-RTC has no obligation to post or use any Submission you may provide and may remove any Submission that you have provided, at any time in the sole discretion of Smart-RTC.

Just by posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Waiver of liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Smart-RTC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Smart-RTC AND / OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEB SITE Smart-RTC. ADVICE RECEIVED VIA THE Smart-RTC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL DECISION MAKING, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Smart-RTC AND / OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE Smart-RTC, HOWEVER ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION. Smart-RTC AND / OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT Smart-RTC AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE Smart-RTC, WITH THE DELAY OR INABILITY TO USE THE WEB SITE Smart-RTC OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE Smart-RTC, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE Smart-RTC WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Smart-RTC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE Smart-RTC, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE Smart-RTC.

SERVICE CONTACT: admin_dnn@vixtom.com

Termination / access restriction

Smart-RTC reserves the right at its sole discretion, to terminate your access to the website of Smart-RTC, and the related services or any portion thereof at any time without notice. GENERAL:

According to the maximum extent permitted by law, this agreement is governed by the trade laws in force in Spain and you hereby consent to the exclusive jurisdiction USA in all disputes arising out of or relating to use of the Web site of Smart-RTC . The use of the Web site of Smart-RTC is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that as a result of this agreement or use of the Web site of Smart-RTC, there is no partnership, joint venture, agency relationship or employment, or agency relationship whatsoever, between you and Smart-RTC. The performance of this agreement by Smart-RTC is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Smart-RTC to act according to requirements, applications or law enforcement government or court relating to your use of the Web site of Smart-RTC, or information provided to or gathered Smart-RTC respect to such use. If that is legally determined that some part of this agreement is invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that comes as close as possible to the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smart-RTC on the website of Smart-RTC and supersedes all communications and prior or contemporaneous proposals, whether electronic, oral or written, between the user and Smart-RTC on the website of Smart-RTC. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on this agreement or relating to it, and have the same extent and subject to the same conditions as other business documents and records generated and originally maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in Spanish.

Ownership and Trademarks

All contents of the Web site of Smart-RTC are: Copyright 2010 by Smart-RTC and / or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be trademarks of their respective owners.

The names used in the example companies, organizations, products, people and events depicted herein are fictitious. Inferred to be associated or not with any real company, organization, product, person or event.

Any rights not expressly granted here in are reserved.