Terms of Service

The Gist:

We (the folks at Smarty Skirt) run a website and subscription service called Riddles of Life and would love for you to use it. Riddles of Life’s basic service is free, and we offer paid upgrades for advanced features and premium memberships.

 

Terms of Service:

The following terms and conditions govern all use of Smarty Skirt, LLC websites and all content, services, and products available at or through the websites, including, but not limited to, Riddles of Life (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Smarty Skirt’s Privacy Policy) and procedures that may be published from time to time by Smarty Skirt (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with Smarty Skirt, LLC (“Smarty Skirt” or “we”).

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Smarty Skirt, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services may require a Smarty Skirt account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your password secure.

 

1. Riddles of Life.

  • Riddles of Life Website and Your Account. If you create an account on Riddles of Life, you are responsible for maintaining the security of the account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Smarty Skirt of any unauthorized uses of your account or any other breaches of security. Smarty Skirt will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  • Responsibility of Contributors. If you comment on Riddles of Life, post material to Riddles of Life, post links on Riddles of Life, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Riddles of Life, you represent and warrant that your Content and conduct do not violate these terms or other Smarty Skirt user guidelines. By submitting Content to Smarty Skirt, you grant Smarty Skirt a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. This license allows Smarty Skirt to make publicly-posted content available to third parties selected by Smarty Skirt so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, Smarty Skirt will use reasonable efforts to remove it from Riddles of Life, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Smarty Skirt has the right (though not the obligation) to, in Smarty Skirt’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in Smarty Skirt’s reasonable opinion, violates any Smarty Skirt policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Riddles of Life to any individual or entity for any reason. Smarty Skirt will have no obligation to provide a refund of any amounts previously paid.
  • Payment and Renewal.
    • General Terms. Optional paid services, such as subscriptions or memberships are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Smarty Skirt the monthly or annual subscription fees and taxes indicated for that service. Failure to pay the fee(s) may result in termination of your account. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You agree to pay Smarty Skirt the applicable fees and taxes unless you cancel the Upgrade, in which case you agree to still pay these fees through the end of the applicable subscription period.
    • Automatic Renewal. You authorize Smarty Skirt, or its payment processing vendors, to store and continue billing your payment method (e.g., credit card), even after it has expired, to avoid interruptions in your service (e.g., subscriptions, Upgrades), and to facilitate easy payment for new services. Unless you notify Smarty Skirt before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled in your account settings and/or by contacting Riddles of Life support via email.
  • Restricted Use. You may not use Riddles of Life to substantially replicate products or services offered by Smarty Skirt, including the republication of Riddles of Life content. If Smarty Skirt believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access Riddles of Life may be temporarily or permanently revoked, with or without notice.

 

2. Responsibility of Visitors.

Smarty Skirt has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Smarty Skirt does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Smarty Skirt disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

 

3. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Riddles of Life links, and that link to Riddles of Life. Smarty Skirt does not have any control over those non-Riddles of Life websites, and is not responsible for their contents or their use. By linking to a non-Riddles of Life website, Smarty Skirt does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Smarty Skirt disclaims any responsibility for any harm resulting from your use of non-Riddles of Life websites and webpages.

 

4. Copyright Infringement and DMCA Policy.

As Smarty Skirt asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Riddles of Life violates your copyright, you are encouraged to notify Smarty Skirt in accordance with Smarty Skirt’s Digital Millennium Copyright Act (“DMCA”) Policy. Smarty Skirt will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Smarty Skirt will terminate a visitor’s access to and use of the Website and/or Services and/or Upgrades if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Smarty Skirt or others. In the case of such termination, Smarty Skirt will have no obligation to provide a refund of any amounts previously paid to Smarty Skirt.

 

5. Intellectual Property.

This Agreement does not transfer from Smarty Skirt to you any Smarty Skirt or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Smarty Skirt. Smarty Skirt, Riddles of Life, the respective logos, and all other trademarks, copyrights, service marks, graphics and logos used in connection with Riddles of Life or our Services, are trademarks or registered trademarks of Smarty Skirt or Smarty Skirt’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Smarty Skirt or third-party trademarks, copyrights, and/or other intellectual property.

 

6. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose. You agree to keep your contact information up to date.

 

7. Termination.

Smarty Skirt may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Riddles of Life account (if you have one), you may simply discontinue using our Services and provide notice to Smarty Skirt support via email. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, fees and/or payments owed, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

8. Disclaimer of Warranties.

Our Services are provided “as is.” Smarty Skirt and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Smarty Skirt nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

 

9. Limitation of Liability.

In no event will Smarty Skirt, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Smarty Skirt under this agreement during the twelve (12) month period prior to the cause of action. Smarty Skirt shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

10. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the Smarty Skirt Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

 

11. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Smarty Skirt reserves the right to terminate accounts or access of those in the event of a breach of this condition.

 

12. Indemnification.

You agree to indemnify and hold harmless Smarty Skirt, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

 

13. Miscellaneous.

This Agreement constitutes the entire agreement between Smarty Skirt and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Smarty Skirt, or by the posting by Smarty Skirt of a revised version. Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with arbitration rules, by a legal arbitrator to be selected solely by Smarty Skirt. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. If we do not act to enforce a breach of this Agreement, that does not mean that Smarty Skirt has waived its right to enforce this Agreement. You may not assign or transfer this Agreement, including your rights and obligations herein, or your membership or use of Services, to any party without our consent. Smarty Skirt may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

Last Updated: January 31, 2017