EXCLUSIVES – MEDIA SMIRK

Terms and Conditions of Use

1. Acceptance of the Terms and Conditions

Welcome to MEDIA SMIRK. MEDIA SMIRK provides its services to you subject to the following Terms and Conditions of Use, which may be updated by us from time to time without notice to you.

Your use of MEDIA SMIRK constitutes your agreement to follow and be bound by these Terms and Conditions of Use.

2. Use of MEDIA SMIRK

You understand and agree that MEDIA SMIRK is provided to you on an “as is” and “as available” basis. MEDIA SMIRK does not make any representations or warranties of any kind, express or implied, as to the operation of MEDIA SMIRK or the products or services offered through MEDIA SMIRK.

3. Product and Service Purchases

You understand and agree that all purchases of products and services through MEDIA SMIRK are non-refundable and non-transferable. By placing an order for products or services, you represent and warrant that you are at least 18 years of age and are legally capable of entering into binding contracts.

You agree to pay all charges that may be incurred by you or on your behalf through MEDIA SMIRK, at the prices in effect when such charges are incurred.

You also agree to pay any applicable taxes relating to your purchases.

4. Intellectual Property

All content included on MEDIA SMIRK, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of MEDIA SMIRK or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of MEDIA SMIRK and protected by U.S. and international copyright laws.

5. Limitation of Liability

You agree that MEDIA SMIRK will not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use MEDIA SMIRK or any products or services purchased through MEDIA SMIRK.

6. Indemnification

You agree to indemnify and hold MEDIA SMIRK, its affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, due to or arising out of your use of MEDIA SMIRK, or any products or services purchased through MEDIA SMIRK.

7. Miscellaneous

These Terms and Conditions of Use constitute the entire agreement between you and MEDIA SMIRK and govern your use of MEDIA SMIRK, superseding any prior agreements between you and MEDIA SMIRK.

If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

MEDIA SMIRK's failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.

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