Terms of Use
Welcome to bsmartnplay.com (the “Website”), operated by B SmART'n PLAY, LLC (“we,” “our,” or “us”). By accessing or using this Website, you agree to be legally bound by these Terms of Use (“Terms”) and our Privacy Policy. If you do not agree to these Terms, you must refrain from using the Website.
1. Use of the Website
1.1. You may access and use the Website solely for lawful, personal, and non-commercial purposes. You agree not to:
- Use the Website for any unlawful, unauthorized, harmful, or fraudulent purpose;
- Attempt to gain unauthorized access to any part of the Website, its servers, or data;
- Interfere with or disrupt the integrity, security, or performance of the Website;
- Copy, reproduce, modify, distribute, display, perform, publish, or transmit any part of the Website or its content without our prior written consent.
1.2. We reserve the right to suspend or terminate access to the Website at our sole discretion, without notice, for any conduct that we believe violates these Terms or is otherwise harmful.
2. Intellectual Property
2.1. All content and materials on the Website, including but not limited to text, images, graphics, logos, videos, icons, and downloadable content, are the exclusive property of B SmART'n PLAY, LLC or its licensors, and are protected by U.S. and international intellectual property laws.
2.2. Nothing in these Terms shall be construed as granting any license or right to use any intellectual property without our prior written permission. Any unauthorized use is strictly prohibited.
3. Purchases and Digital Products
3.1. All purchases, including digital downloads, are final and non-refundable unless explicitly stated otherwise.
3.2. By purchasing any content or product from us, you receive a non-exclusive, nontransferable, revocable license to use the product for personal, non-commercial purposes only.
3.3. You may not share, resell, sublicense, or redistribute any of our digital products or materials without our express written authorization
4. User Content
4.1. If you voluntarily submit or post any content to us, including but not limited to comments, reviews, images, or suggestions ("User Content"), you grant us a non-exclusive, perpetual, worldwide, royalty-free, and irrevocable license to use, reproduce, distribute, display, and publish such content for any lawful purpose, including promotional and educational use.
4.2. You represent and warrant that all User Content submitted by you is your own original work
and does not infringe upon the intellectual property or other rights of any third party.
5. Third-Party Links
The Website may contain links to external websites or services operated by third parties. We are not responsible for the content, privacy practices, or availability of those sites. Accessing such sites is at your own risk and subject to the terms of those third parties.
6. Disclaimer of Warranties
6.1. THE WEBSITE, ITS CONTENT, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
6.2. We do not warrant that the Website will be uninterrupted, secure, or error-free, or that any
defects will be corrected. Use of the Website is at your own risk.
7. Limitation of Liability
7.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, B SMART'N PLAY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM RELATED TO THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold harmless B SmART'n PLAY, LLC and its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, damages, expenses, and costs, including reasonable attorney’s fees, arising out of or relating to your violation of these Terms or your misuse of the Website.
9. Changes to the Terms
We reserve the right to update or modify these Terms at any time without prior notice. The updated version will be posted on the Website with the revised effective date. Continued use of the Website after such changes constitutes acceptance of the new Terms.
10. Governing Law and Jurisdiction
These Terms and any disputes arising under them shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law principles. Any legal action shall be brought exclusively in the state or federal courts located in New Jersey.
11. Contact
For questions or concerns regarding these Terms, please contact us at: info@bsmartnplay.com