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Términos de Uso

Zenemig Interactive, LLC, a Texas Limited Liability Company, ("Zenemig Interactive") operates www.smartratings.com ("Site"). You may only use the Site pursuant to the following terms and conditions, which you accept by your use of the Site. Use of the Site is subject to additional terms and conditions defined by our content providers ("Licensors") as stipulated on applicable pages of the Site, which you accept by your use of the Site. Zenemig Interactive reserves the right to modify or revise these Terms of Use and/or Privacy Statement at any time at its sole discretion. Any such modifications to the Terms of Use and Privacy Statement shall be effective within forty-eight (48) hours of being posted on the Site unless otherwise stated by Zenemig Interactive in writing. You are bound by such modifications or revisions, and should therefore visit this page frequently to review the terms. Your continued use of the Site following Zenemig InteractiveÕ posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Site.

License and Site Access

Zenemig Interactive grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, other than to research product information, or to purchase items from third-party merchants accessible via links on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, ratings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Zenemig Interactive. Any unauthorized use shall immediately terminate the licenses and rights granted by Zenemig Interactive and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Zenemig Interactive, Licensors, and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any Zenemig Interactive, Licensor, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of Zenemig Interactive, or other partner or Licensor (as applicable).

Zenemig Interactive does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within Zenemig InteractiveÕs control.

Content

Zenemig Interactive provides a number of different services to assist you researching products online. Zenemig Interactive does not receive money from manufacturers to promote their particular products or from experts rating the products. The products ratings we generate are not affected by any business relationships and therefore our ratings are extremely objective. Zenemig Interactive is paid indirectly by merchants for sending potential buyers to their sites. All of the pricing and merchant list we display in our site is provided by a partner and we have limited control on the way this information is display in our site.Zenemig Interactive does not sell, resell or license any of the products listed on the Site, nor is Zenemig Interactive acting as an agent of sale, and Zenemig Interactive disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.

Zenemig Interactive does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by Zenemig Interactive of any product, merchant, service, or any reviews, ratings or comments thereof regardless of the source of such review, rating or comment. Zenemig Interactive assumes no liability for inaccuracy or incompleteness in its search results, editorial content, ratings or other content on the Site. Zenemig Interactive does not have an established business relationship with the expert sources listed in the Site and does not get paid by these sources.

Other Businesses and Links To Other Sites

Zenemig Interactive may provide links to the sites of third-party experts, merchants, partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by Zenemig Interactive of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. Zenemig Interactive is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the ratings, products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.

Zenemig Interactive has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site.

IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE ZENEMIG INTERACTIVE, PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH ZENEMIG INTERACTIVE, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVE FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Disclaimer of Warranties and Limitation of Liability

THE SITE IS PROVIDED BY ZENEMIG INTERACTIVE ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZENEMIG INTERACTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZENEMIG INTERACTIVE SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. ZENEMIG INTERACTIVE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ZENEMIG INTERACTIVEÕS CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZENEMIG INTERACTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZENEMIG INTERACTIVE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM ZENEMIG INTERACTIVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZENEMIG INTERACTIVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH ZENEMIG INTERACTIVEÕS PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Zenemig Interactive, partners, and other parties with which Zenemig Interactive is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use and Privacy Statement and/or Member Agreement, and/or resulting form any and all content you submit to Zenemig Interactive and/or the Site. Zenemig Interactive shall provide notice to you of any such claim, suit or proceeding.

Governing Law/Arbitration

These Terms of Use and Privacy Statement will be governed by and construed in accordance with the laws of the State of texas, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Dallas, Texas, USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in Texas and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in Texas. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in Texas with knowledge of Internet commerce in Texas and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' or arbitrators' fees under this section.

Ip ownership and Copyright Infringement

Zenemig Interactive disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). Zenemig Interactive will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include Zenemig Interactive removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to Zenemig Interactive regarding matters other than informing Zenemig Interactive that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.

Written notification must be submitted to the following Designated Agent:

Zenemig Interactive, LLC
Zenemig Interactive, LLC
Attn: DMCA Notices

By Email: info at smartratings.com

Infringement Notification

To be effective, your infringement notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
  3. Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Zenemig Interactive to locate the material;
  4. Information reasonably sufficient to permit Zenemig Interactive to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
  6. A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

  1. Zenemig Interactive shall remove or disable access to the Third Party Content that is alleged to be infringing;
  2. Zenemig Interactive shall forward the written notification to the alleged infringer (the "Subscriber");
  3. Zenemig Interactive shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.

Counter Notification

To be effective, a Counter Notification must be a written communication provided to Zenemig InteractiveÕs Designated Agent that includes substantially the following:

  1. A physical or electronic signature of the Subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled";
  4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which Zenemig Interactive may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and Zenemig Interactive will comply with this requirement within a reasonable time (or as otherwise required by law), provided PriceGrabberÕs Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Zenemig Interactive network or system.

General

If any provision of these Terms of Use and Privacy Statement or the Member Agreement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and all agreements and notices incorporated herein may be automatically assigned by Zenemig Interactive, in our sole discretion, to a third party. You may not assign your obligations to any other entity.

Address For Notice

Notices to Zenemig Interactive (other than as aforementioned for Digital Millennium Copyright Act infringement notices) can be sent by accessing the following email address: info at smartratings.com.

Copyrights And Trademarks

Content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by Zenemig Interactive and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and Zenemig Interactive has, in its sole discretion, given its prior written approval to such use of the Site's materials. Any requests to re-use the Site's materials should be sent to: Info at smartragings.com.

Third party trademarks are property of their respective owners.