Effective Date: July 1, 2023

These terms and conditions ("Terms") govern your use of SmashTheApp.com (the "Website") owned and operated by Cedar Rain, Inc. ("we," "us," or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website.

Acceptance of Terms

By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms. These Terms constitute a legally binding agreement between you and us.

User Eligibility

You must be at least 18 years old or the legal age in your jurisdiction to use the Website. By accessing and using the Website, you represent and warrant that you meet the eligibility requirements. If you are accessing the Website on behalf of an entity, you further represent and warrant that you have the authority to bind that entity to these Terms.

Intellectual Property Rights

All content and materials on the Website, including but not limited to text, graphics, logos, images, videos, audio clips, data compilations, and software, are owned or licensed by us and are protected by applicable intellectual property laws. You may not modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any content or materials obtained from the Website without our prior written consent.

User Obligations

a. You agree to use the Website only for lawful purposes and in accordance with these Terms.
b. You are solely responsible for any content you post or transmit through the Website. You agree not to post or transmit any content that is unlawful, harmful, defamatory, obscene, infringing, harassing, or otherwise objectionable.
c. You must not interfere with or disrupt the operation of the Website or its associated servers or networks.
d. You must not attempt to gain unauthorized access to any part of the Website, other users' accounts, or any other systems or networks connected to the Website.
e. You must not use any automated means, including but not limited to bots, spiders, or scrapers, to access or interact with the Website without our prior written consent.

Third-Party Links

The Website may contain links to third-party websites or resources that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites. Accessing and using third-party websites is at your own risk, and you should review their applicable terms and policies.

Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED $100.

Indemnification

You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website or any violation of these Terms.

Modification and Termination

We reserve the right, in our sole discretion, to modify, suspend, or terminate the Website or any part thereof at any time and for any reason without prior notice. We may also modify these Terms from time to time without notice, and the modified Terms will be effective upon posting on the Website.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of California]. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of California.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Website and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

By using SmashTheApp.com, you signify your acceptance of these Terms and agree to be bound by them.

Terms & Conditions