This is the Web site of SmartBrands.pk, Inc.

Our postal address is:
SmartBrands.pk

LG 02-03, Umar Shopping Mall, College Chowk

Mardan

We can be reached by e-mail at support@smartbrands.pk

1. Definitions.

“SmartBrands.pk” is the interactive online service operated by SmartBrands.pk, Inc. (“SmartBrands”) on the World Wide Web of the Internet, consisting of information services and content provided by SmartBrands, affiliates of SmartBrands and other third parties.
“Content” includes content relating to SmartBrands including but not limited to, text, sound, music, photographs, graphics, and user e-mail data.

2. General

(A) This Agreement, which incorporates by reference other provisions applicable to use of SmartBrands.pk, including, but not limited to, supplemental terms and conditions set forth in paragraph 13 hereof (“Supplemental Terms”) governing the use of certain specific material contained in SmartBrands.pk, sets forth the terms and conditions that apply to use of SmartBrands.pk by each end user thereof (“End User”). By using SmartBrands.pk (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use SmartBrands.pk is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any.

(B) SmartBrands shall have the right at any time to change or discontinue any aspect or feature of SmartBrands.pk, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms

SmartBrands shall have the right at any time to change or modify the terms and conditions applicable to End User’s use of SmartBrands.pk, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on SmartBrands.pk, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof. Any use of SmartBrands.pk by End User after such notice shall be deemed to constitute acceptance by End User of such changes, modifications or additions.

4. Equipment

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of SmartBrands.pk and all charges related thereto.

5. End User Conduct

(A) End User shall use SmartBrands.pk for lawful purposes only. End User shall not post or transmit through SmartBrands.pk any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SmartBrands’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in SmartBrands’s discretion restricts or inhibits any other End User from using or enjoying SmartBrands.pk will not be permitted. End User shall not use SmartBrands.pk to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of SmartBrands.pk to become users of other on-line services competitive with SmartBrands.pk.

(B) SmartBrands.pk contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SmartBrands.pk are copyrighted as a collective work under the United States copyright laws. SmartBrands owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download copyrighted material for End User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SmartBrands and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) End User shall not upload, post or otherwise make available on SmartBrands.pk any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with End User. End User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. End Users are responsible for all Content that they upload, post, e-mail, mail to SmartBrands for uploading or any other forms of transmitted material. For the entire SmartBrands Content including the SmartBrands Model Program, SmartBrands is not responsible for any transmitted material, including, but not limited to, copying, downloading, altering, printing and file sharing. End Users are responsible and liable for all activity on the site. SmartBrands.pk, Inc. is not in any way liable for the Content on the site. By submitting material to any public area of SmartBrands.pk, End User automatically grants, or warrants that the owner of such material has expressly granted SmartBrands the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other End User to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants SmartBrands the right to edit, copy, publish and distribute any material made available on SmartBrands.pk by End User.

(D) The foregoing provisions of Section 5 are for the benefit of SmartBrands, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability

(A) END USER EXPRESSLY AGREES THAT USE OF SmartBrands.pk IS AT END USER’S SOLE RISK. NEITHER SmartBrands, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SmartBrands.pk WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SmartBrands.pk, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SmartBrands.pk.

(B) SmartBrands.pk IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT SmartBrands IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

(D) IN NO EVENT WILL SmartBrands, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SmartBrands.pk OR THE SmartBrands.pk SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SmartBrands.pk. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SmartBrands.pk.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SmartBrands, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SmartBrands.pk, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

8. Monitoring.

SmartBrands shall have the right, but not the obligation, to monitor the Content of SmartBrands.pk, including not limited to chat rooms, forums, message boards, e-mails, photographs, music, and posts to determine compliance with this Agreement and any operating rules established by SmartBrands and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, SmartBrands shall have the right to remove any material that SmartBrands, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. SmartBrands is not responsible for any errors, viruses or harmful data transmitted derived from the SmartBrands’s content including but not limited to chat rooms, forums, message boards, e-mails, photographs, music, and posts to the End User’s machine or disseminated from the End User’s machine or SmartBrands machines to other machines.

9. Indemnification.

End User agrees to defend, indemnify and hold harmless SmartBrands, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys” fees, arising out of the use of SmartBrands.pk by End User.

10. Termination.

Either SmartBrands or End User may terminate this Agreement at any time. Without limiting the foregoing, SmartBrands shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which SmartBrands, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. To terminate registration on SmartBrands e-mail support@SmartBrands.pk using the registered e-mail account with Unsubscribe in the subject along with Username. To terminate SmartBrands e-mail account e-mail support@SmartBrands.pk using the registered e-mail account with Unsubscribe in the subject along with Username.

10. Trademarks.

SmartBrands and SmartBrands.pk and each of their logos are trademarks of SmartBrands.pk, INC. All rights reserved. All other trademarks appearing on SmartBrands are the property of their respective owners.