INTRODUCTION
Welcome to the BDC smeXchange.com, owned and produced by Business Development
Company Limited. (the smeXchange.com web site is
referred to as "smeXchange"). The smeXchange makes available a variety of products
and services through smeXchange.com (collectively, the "Products and Services")
subject to these General Terms and Conditions ("Terms and Conditions").
Because the Terms and Conditions contain legal obligations, please read them
carefully.
1. ACCEPTANCE
By using the Products and Services, you agree, without limitation or
qualification, to be bound by, and to comply with, these Terms and Conditions
and any other posted guidelines or rules applicable to any individual smeXchange
web site, Product or Service.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and
Conditions. You acknowledge and agree that smeXchange may terminate your access
to smeXchange or to any of the Products and Services should you fail to comply
with the Terms and Conditions. Any such termination shall be in smeXchange's
sole discretion and may occur without prior notice, or any notice. smeXchange
further reserves the right to terminate any user's access to smeXchange or to
any of the Products and Services for any conduct that smeXchange, in its sole
discretion, believes is or may be directly or indirectly harmful to other users,
to smeXchange or its subsidiaries, affiliates, or business contractors, or to
other third parties, or for any conduct that violates any local, or foreign laws
or regulations.
3. REGISTRATION AND PRIVACY
Certain Products and Services will require the user to register and
provide certain data. In consideration of use of such Products and Services, in
registering and providing such data, you represent and warrant that: (a) the
information about yourself is true, accurate, current, and complete (apart from
optional items) as required by smeXchange registration forms ("Registration
Data") and (b) you will maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or smeXchange has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, smeXchange has the right to suspend or terminate your
account and refuse any and all current or future use of the Products and
Services.
All smeXchange registrations become the exclusive property of smeXchange, its
subsidiaries. smeXchange reserves the right to use and reuse all registration
and other personally identifiable user information. Users may edit, update,
alter or obscure their personally identifiable information at any time by
following the instructions located in smeXchange sites.
4. MEMBER AND USER CONDUCT
Upon registering, you will receive a password and smeXchange ID. You are
responsible for maintaining the confidentiality of the password and ID, and are
fully responsible for all activities that occur under your password or ID. You
agree to (a) immediately notify smeXchange of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. smeXchange cannot and will
not be liable for any loss or damage arising from your failure to comply with
this requirement.
You acknowledge and agree that all information, code, data, text, software,
music, sound, photographs, pictures, graphics, video, chat, messages, files, or
other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated.
This means that you, and not smeXchange, are entirely responsible for all
Content that you upload, post, email or otherwise transmit via the Services.
smeXchange does not control the user or third party Content posted via the
Products and Services, and, as such, does not guarantee the accuracy, integrity
or quality of such user or third party Content. You acknowledge and Agree that
by using the Products and Services, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will smeXchange be
liable in any way for any user or third party Content, including, but not
limited to, for any errors or omissions in any such Content, or for any loss or
damage of any kind incurred as a result of the use of any such Content posted,
emailed or otherwise transmitted via the Products and Services. As a general
matter, smeXchange does not pre-screen user or third party Content posted on
smeXchange, except for certain areas where smeXchange employs certain automated
screening software, although smeXchange reserves the right to do so. smeXchange
does not guarantee that any screening will be done to your satisfaction or that
any screening will be done at all. smeXchange reserves the right to monitor
some, all, or no areas of the Products and Services for adherence to these Terms
and Conditions or any other rules or guidelines posted by smeXchange.
Prohibited Conduct
You agree that you will not use smeXchange Products and Services to:
- Upload, post, email, otherwise transmit, or post links to any Content, or
select any member or user name or email address, that is unlawful, harmful,
pornographic or otherwise objectionable. - Collect or store personally
identifying information about other users for unlawful purposes.
You acknowledge and agree that smeXchange and its designees shall have the
right (but not the obligation), in their sole discretion, to refuse to publish,
remove, or block access to any Content that is available via the Products and
Services at any time, for any reason, or for no reason at all, with or without
notice. smeXchange may also terminate access to, or membership in smeXchange, or
any portion thereof, for violating these Terms and Conditions. You acknowledge
and agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on any
Content created by or obtained through the use of smeXchange Products and
Services.
You expressly acknowledge and agree that smeXchange may preserve Content and
may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the Terms and Conditions; (c) respond to
claims that any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of smeXchange, its users and the public.
You acknowledge and agree that the technical processing and transmission of the
Products and Services, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
smeXchange also may suspend or terminate any user account for any Product or
Service because of user inactivity. For example, a smeXchange account may be
terminated or suspended if a user fails to sign-in to smeXchange Service for an
extended period of time; please see smeXchange Rules and Regulation section for
more information regarding smeXchange's policies concerning account termination.
5. LICENSE TO MEMBER WEB PAGES AND OTHER USER CONTENT
By submitting a web page to smeXchange, or any other web page hosting service on
smeXchange, you grant smeXchange a world-wide, royalty-free, nonexclusive,
worldwide, unrestricted license to use, copy, transmit, publicly display,
publicly perform, create compilations including, and distribute such web page,
and any associated Content, for the limited purposes of publishing and promoting
the user's web page in connection with the particular service with which the
user has chosen to have the web page hosted and for publishing and promoting
such web page elsewhere within smeXchange. Such license shall apply with respect
to any form, media, or technology now known or later developed. The term of the
license will extend only for the duration of the user's membership with the
particular smeXchange service. You acknowledge and agree that smeXchange runs
advertisements on the web pages of its users and grant smeXchange the right to
do so. These advertisements may include, without limitation, "banner"
advertisements and "pop-up text" advertisements. The manner, mode, and extent of
such advertising is subject to change.
6. DISCLAIMER
Information on this web site may contain inaccuracies or typographical errors.
Information may be changed or updated without notice.
smeXchange makes no representations whatsoever about other web sites which
you may access through this one. When you access a non-smeXchange web site,
please understand that it is independent from smeXchange, and that smeXchange
has no control over the content on that web site.
In addition, a link to a non-smeXchange web site does not mean that
smeXchange endorses or accepts any responsibility for the content, use, or
products and services made available through such web site.
IN NO EVENT WILL smeXchange BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY
OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE
ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.