User Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with the ISMART Properties in numerous ways, including Reviews & Ratings, videos, Questions and Answers, Community Forums, testimonials, and e-mail communication. ISMART allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the ISMART Site (“Content”). Content should be written in English.
By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
License Grant for Submitted Content
If you make any submission to the ISMART Site, you automatically grant, or warrant that the owner of such content has expressly granted ISMART, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. ISMART may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. ISMART is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant ISMART the right to use the name that you submit in connection with any Content.
You represent and warrant that you will not submit the following Content:
Content that is false, inaccurate, or misleading;
Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
Content that violates any local, state, federal, or international laws;
Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by ISMART in its sole discretion;
Advertisements, solicitations or spam links to other websitesites or individuals, without prior written permission from ISMART;
Chain letters or pyramid schemes;
Content that impersonates another business, person or entity, including Walmart, its related entities, employees and agents;
Content that contains viruses or other harmful computer code;
Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
Content that you were compensated or granted any compensation by any third party unless otherwise authorized by ISMART in writing; or
Content that violates any policy posted on the ISMART Site, or interferes with the use of the ISMART Site by others.
Although ISMART cannot monitor all Content, you understand that ISMART shall have the right, but not the obligation, to monitor the Content of the ISMART Site to determine compliance with this Agreement and any other operating rules that may be established by ISMART from time to time. You hereby grant ISMART a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete or refuse to post any Content submitted, to or posted on, the ISMART Site for any reason, also distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media, including violation of this Agreement, whether for legal or other reasons. You also grant us the right to use the name you use when you submit content to us, in connection with that content. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify ISMART and its affiliates for all claims resulting from any Content you submit.
Third Party Sites
References on https://ismart.lt Site to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. https://ismart.lt is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a https://ismart.lt Site is at your own risk and will be governed by such third party’s terms and policies.
Information on Our Site
We try to be as accurate as possible. However, we do not warrant that product description or other ISMART Site Property content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Billing and Order Confirmation
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order, we may also request additional information from you. Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we reserve the right to refuse or cancel an order for any reason, place quantity or other limits on your order for any reason, including, due to inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We reserve the right to limit the quantity of items purchased per person, per household, pre-order, or any other basis. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address.
If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us if all or any portion of your order is canceled or modified or if additional information is required to accept your order. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order back to your credit card (or another applicable payment account used to pay for an order).
You are not entitled to a credit for expenses that incurred during a return shipping process. The Return shipping fee of 3.99 USD will be deducted from your refund if you will use our Prepaid Return Label to return your merchandise. LIMITATION OF LIABILITY: ISMART shall not be liable for any damages, whether direct, indirect, incidental, special, consequential, exemplary, or otherwise, including lost revenues and lost profits, arising out of any theory of recovery, including statutory, contract or tort arising during or before the Return shipping. You are obliged for the decrease in value of the goods resulting from these actions. In no event will ISMART’s entire liability exceed the purchase price of this product.
Paying for Your Order
Generally, we’ll charge your card for an item when we ship the item to you or confirm its availability in store. However, we may preauthorize your order amount with your credit or debit card issuer at the time you place the order, this pre-authorization will not be billed to you but may have an effect on your available credit line, however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. When you preorder with a debit card, we’ll debit your card when you place the pre-order. For special delivery items, we’ll charge your card when you confirm a delivery time. For digital items, we’ll charge your card when you initiate the download of the product or the product is placed in your account and available for use. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
All content included on or comprising the ISMART Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and ISMART owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark and other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The ISMART logo and other trademarks on the ISMART Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by ISMART and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Termination of Use
This Agreement is effective unless and until terminated by either you or ISMART. You may terminate this Agreement at any time, provided that you discontinue any further use of the ISMART Site. ISMART also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the ISMART Site, if in ISMART’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or ISMART, you must promptly destroy all materials downloaded or otherwise obtained from the ISMART Site, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the “User Generated Content: Reviews, Comments, Communications, and Other Content,” “Billing and Order Confirmation,” “Information on Our Site,” “Proprietary Rights,” “Termination of Use,” “Disclaimers and Limitation of Liability” “Privacy,”.
Disclaimers and Limitation of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY ISMART ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITE, OR FOR ISMART’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.