TERMS OF USE

IMPORTANT!!! Please read these Terms of Use carefully. They are the rules for using the Smith & Tinker owned websites at www.smithandtinker.com, www.marvelkapow.com, www.whirleo.com and www.nanovor.com (the "Sites"). Kids, if you have any questions about these Terms of Use, please ask your parent or guardian to read and discuss them with you. By using the Site, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Sites.

Registration. You do not have to register to use the Sites. However, we may offer you the option to sign up to receive newsletters and/or other information. If you elect to participate in these opportunities you must register with us. To learn more about the personal information we collect from you (including from children under the age of 13) please visit our Privacy Notice. If you are under the age of 18 you may use the Site only with the involvement of a parent or guardian.

Copyright; License. All content included on the Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Smith & Tinker, Inc. or its content suppliers and partners and protected by United States and international copyright laws. Marvel characters are licensed by Marvel Characters B.V., www.marvel.com. We grant you a limited license to access and make personal use of this Sites and not to download (other than caching) or modify it or any portion of it without Smith & Tinker's express written consent.

Trademarks. Smith & Tinker and KAPOW! are trademarks of Smith & Tinker, Inc. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.

Disclaimers. THE SITES AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SMITH & TINKER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SMITH & TINKER MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) ANY CONTENT, USER CONTENT OR SERVICE OFFERED OR SOLD THROUGH THE SITES, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES, (iii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITES, OR (iv) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR MATERIAL. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

Limitation of Liability. NEITHER SMITH & TINKER NOR ITS LICENSORS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF ANY USE OF THE SITES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. SMITH & TINKER SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL SMITH & TINKER BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall Smith & Tinker's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) $50.00 United States Dollars.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Notices. All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Smith & Tinker may broadcast notices or messages through the Sites to inform you of changes to these Terms of Use. Such broadcasts shall constitute notice to you. You can contact Smith & Tinker at privacy@smithandtinker.com, by telephone at 206.973.7830 or by postal mail at 1008 Western Avenue, Suite 210, Seattle, WA 98104.

Miscellaneous. If any provision of these Terms of Use are found to be unenforceable, that provision shall be severed and the remainder of these terms shall be given full force and effect. If you are accessing the Sites in the United States, these Terms of Use shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Washington, without regard to choice of law principles. If you are accessing the Sites outside the United States, local laws may apply. You agree that regardless of any statute or law to the contrary, any dispute arising out of or related to use of the Sites must be submitted to the other party within one (1) year after such claim or cause of action arose or be forever barred.