Save The Monsters
Command & Conquer
Cannons & Soldiers
Pixel Platformer D?
Push And Fork
Test Your Memory
The Temple Of No
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Terms / Conditions
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This Terms of Service Agreement (hereinafter "Agreement") sets forth the terms and conditions by which, Smart Gigabyte, provides the tools and Services to this website all visitors, users, registered members and account holders. By visiting our site, using any of the tools and services provided via our site, or registering an account, you there by agree to be bound by each of the terms and conditions of this Agreement.
We may automatically amend this Agreement at any time.
It is your duty to keep your self updated, the terms and conditions of this Agreement are effective and in force immediately after posted by Smart Gigabyte.
For those visitors to the Smart Gigabyte website it is their responsibility to read these Terms of Service each time they access any portion of our site. Any usage of this site by you, including merely viewing any page published on our site, means that you agree to be bound by each and every one of the terms and conditions of this Terms of Service Agreement.
Our Commitment to You
Smart Gigabyte is committed to bringing you the best possible tools and services designed to meet your needs and expectations. Our tools and Services will be available at least 99.9% of the time, excluding those periods where we conduct regularly scheduled maintenance or where unforeseeable and unavoidable service outages occur due to Internet, router, or Internet Service Provider related downtime outside of our control. While we are not and cannot be responsible for your own connection to the Internet, or the functionality of your own private systems or software existing outside of our Smart Gigabyte Network, we guarantee that you will, except for those conditions mentioned above, be able to access the Smart Gigabyte tools and Services 99.9% of the time.
Smart Gigabyte makes every effort to perform all service maintenance activities during pre-scheduled maintenance windows. Currently, the maintenance windows are set randomly, from 1:00 A.M. to 2:00 A.M. A.U. SA Standard Time, We may not utilize every maintenance window. If system downtime is planned during any maintenance window, we will issue an announcement prior to the date of the planned maintenance activity.
We may terminate this Agreement immediately for any reason without notice to you. Any accounts you have made with Smart Gigabyte can be terminated if you violate any of the terms and conditions of this Agreement.
WE PROVIDE YOUR ACCOUNT AND OUR SERVICES ON AN "AS IS" BASIS, SUBJECT TO THE LIMITED WARRANTY PROVIDED HEREIN, OUR SUPPLIERS, PARTNERS AND AFFILIATES, IF ANY, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, SAVE FOR OUR LIMITED WARRANTY PROVIDED HEREIN, INCLUDING ALL FURTHER AND ADDITIONAL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You understand and agree that our services may be unavailable for extended periods of time, and we do not warrant or ensure the continuous availability of our services. We may discontinue any or all services provided to you at any time without notice to you. We should not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our control.
IN NO EVENT SHALL OUR SUPPLIERS, PARTNERS, AFILLIATES OR WE BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE REMEDIES PROVIDED THROUGH OUR LIMITED WARRANTY.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, all unaffected provisions or elements should remain in full force and effect. Any failure on our part to enforce any portion of this Agreement does not serve to waive the enforceability of the remaining portions or other breaches on your part regarding this Agreement.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.