TERMS OF USE
SmartBox Creative, LLC, an Ohio limited liability company (“Smartbox,” “we,” “us” or “our”) owns and provides this website and all information, content, and services available on this website as a service for its business customers. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SMARTBOX, AND GOVERNS YOUR USE OF THE WEBSITE. Subject to your acceptance of and adherence to these Terms of Use (the "Terms of Use"), we hereby grant you a limited, non-exclusive license to utilize the website as set forth herein. The terms "you," "your," and "user" shall refer to all individuals and entities that access the website. By your affirmative actions using the website, you signify your agreement to these Terms of Use and the Privacy Policy, and consent to allow us to communicate with you electronically regarding our services and your use of the website.

MODIFICATIONS TO THE TERMS OF USE
We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the website and we will indicate the date of the "Latest Update" on the Terms of Use. We may also place a special notice on the website or communicate significant changes by email. Your continued use of the website following the posting of such changes constitutes your acceptance of the Amended Terms of Use.

EXPORT CONTROL
The United States (“U.S.”) and other countries require compliance with certain export control regulations. U.S. goods are only authorized for export to certain locations; diversion is prohibited for exports, re-exports and deemed exports. You represent that your use of website to include but not limited to downloading and using any software complies with U.S. and other applicable country export control laws; you are in compliance with all U.S. antiboycott laws; and you are not a person prohibited from transacting business of the type contemplated by the Terms of Use, whether such prohibition arises under United States law, regulation, executive orders and lists published by OFAC.

REQUIREMENTS FOR USE OF THE WEBSITE
The website is available for individuals aged 18 years or older. Full use of the website may require Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The website is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the website.

AGENCY
You represent that you are using the website for its intended purpose. If you are using the website on behalf of a company or other organization, you represent that you have authority to bind the company or other organization by your actions.

INFORMATION ON THE WEBSITE
We try to provide helpful and accurate information on the website, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the website. If you rely on any information provided by us, or others appearing on or contributing content to the website, you do so solely at your own risk.

USER-GENERATED CONTENT
Subject to our adherence with the Privacy Policy, you hereby grant, or warrant that the owner of such material has expressly granted, to us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, reproduce, publish, translate, distribute, transmit, publicly perform, publicly display, digitally perform, modify, adapt, create derivative works of, incorporate in any form into other works, and otherwise use and commercially exploit, in whole or in part, any text, photographs or other data and information you submit or otherwise post to the website (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. Subject to our adherence to the Privacy Policy, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude our use of the User Generated Content or require your permission for us to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against us or our sublicensees relating to our or our sublicensees' use of the User Generated Content in accordance with the Privacy Policy, and you hereby release us and our sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

PRIVACY POLICY AND COLLECTION OF USER INFORMATION
We strive to provide a quality website and an engaging and safe user experience; however, data transmission over the Internet cannot be guaranteed to be 100 percent secure and we cannot ensure and do not warrant the security of any information you transmit to us. Transmitting Personal and Non-Personal Information is done at your own risk. You acknowledge and agree that the website is subject to the Privacy Policy, which can be found at www.smartboxcreative.com/smartbox_creative_privacy.shtml.

OWNERSHIP OF THE WEBSITE
The website, and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, is owned by us or our licensors. You acknowledge that the website and any underlying technology used in connection with the website contain our intellectual property and proprietary information and are protected by copyright, trademark and other such laws in the United States and foreign countries. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the website except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the website not expressly granted to you by us are retained by us and our licensors. If you violate any of these Terms of Use or the Privacy Policy, your permission to use the website automatically terminates and you must immediately destroy any copies you have made of any portion of the website.

USER CONDUCT
If we determine that any user is not using the website responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) is offensive to other users, (c) violates the rights of us or third parties, or (d) could cause us liability.

CHANGES TO WEBSITE
We may, in our sole discretion, change or discontinue, temporarily or permanently, the website, and any feature or component of the website at any time without further notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the website.

CONTENT AND WARRANTY DISCLAIMER
SOME OF THE CONTENT CONTAINED IN THE WEBSITE MAY BE PROVIDED BY OR LINK TO THIRD PARTIES. THE WEBSITE IS PROVIDED "AS IS." WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, WE DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY CONTENT, IF ANY, ACCURACY OF MATERIALS ON THIRD PARTY PLATFORMS, OR THIRD PARTY PRIVACY PRACTICES. IF THIRD PARTY CONTENT OR LINKS TO THIRD PARTY PLATFORMS IS PROVIDED, IT IS PROVIDED AS A CONVENIENCE. YOUR USE OF THIRD PARTY CONTENT OR PLATFORMS IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY
If you are dissatisfied with the website, with these Terms of Use, or with the Privacy Policy, your sole remedy is to discontinue use of the website. IN NO EVENT WILL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USING THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. OUR AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

INDEMNIFICATION
You agree to indemnify and hold us, and its affiliates and their respective officers, directors, employees, agents, members, partners, successors and assigns (each an “Indemnified Party”) harmless from and against any and all loss, damage, liabilities, claims or lawsuits, including any costs, reasonable attorney fees and all awards and/or judgments to which it may become subject due to or arising out of any third-party claims related to your breach of the Terms of Use or the Privacy Policy, and your use or misuse of the website. We reserve the right, but not the obligation, to control any defense and any matter otherwise subject to indemnification by you. You agree to cooperate with us asserting any available defenses. This indemnification provision shall survive the termination of this agreement insofar as it relates to claims that arise from events that occurred during the term of this agreement.

GENERAL
The Terms of Use and the resolution of any dispute related to the Terms of Use or the website shall be governed by and construed in accordance with the laws of the State of Ohio without respect to its conflict of laws principles. You shall bring any legal action or proceeding against us related to the website exclusively in a federal or state court of competent jurisdiction sitting in Franklin County, Ohio, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use, or the Privacy Policy is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the Terms of Use or Privacy Policy will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These Terms of Use, together with the Privacy Policy constitute the entire agreement between you and us with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. If any part of these Terms of Use or the Privacy Policy are 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. You may not assign this agreement to any other party and any attempt to do so is void.

CONTACT INFORMATION
SmartBox Creative, LLC
2843 Charter Street
Columbus, Ohio 43228
614.684.2888
info@SmartBoxCreative.com

Date of last update: January 9, 2013