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smarTVideo™ Technologies, Inc. (“smarTVideo”) has developed these Terms of Service to govern your use of the smarTVideo online properties (including www.smartvideo.com), and the on-demand video and content services available through smarTVideo (collectively, “smarTVideo Services”). By using smarTVideo Services you certify to us that you have read and agree to these Terms of Service and to our Privacy Policy. Please read each of these documents carefully. If you do not agree with any of these terms, you should not subscribe to (and you will have no right to use) smarTVideo Services. smarTVideo reserves the right to terminate the subscription and deny access to the service to any person who violates these Terms of Service.
By accepting these Terms of Service you represent that you are authorized to enter into this legally binding agreement. If you are under 18 years old, you must have a parent or guardian's permission to subscribe to and use the smarTVideo Services.
Copyright. All information, content, services and software displayed on, transmitted through, published, performed, or used in connection with smarTVideo Services, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned or licensed by smarTVideo, its affiliated companies, licensors or suppliers. You may use the Content in a “streaming” or similar temporary format only, and solely for your personal, non-commercial use, provided that you do not remove any trademark, copyright or other notice from such Content. No other use is permitted without prior written permission of smarTVideo. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms of Service.
You may not, for example, republish any portion of the Content on any media, including, without limitation, Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through smarTVideo Services, not to insert any code or product or manipulate the content of smarTVideo Services in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
If you believe your content has been included as part of the smarTVideo Services in a manner that constitutes copyright infringement, you should promptly provide a written notice to smarTVideo at the address set forth at the end of these Terms of Service including the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located within the smarTVideo Services;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You agree that smarTVideo is comparable to an online service provider and all Content available on or through SmarTVideo Services other than original content solely produced by smarTVideo is considered third party content.
Trademarks. “smarTVideo” and all other smarTVideo marks and logos, and the smarTVideo products and services referenced in these Terms of Service and the smarTVideo Services, are trademarks of smarTVideo or third parties and may not be copied, imitated or used as trademarks, in whole or in part, without the prior written permission of smarTVideo or the third party, as applicable. In addition, all page headers, custom graphics, button icons, and scripts displayed in connection with the smarTVideo Services are trademarks of smarTVideo or third parties, and may not be copied, imitated or used, in whole or in part, without the prior written permission of smarTVideo or the appropriate third party.
Subscription; Registration; Payment. If you subscribe to smarTVideo Services, you accept responsibility for all activities that occur under your account and agree not to sell, transfer or assign your subscription or any subscription rights to any third parties. We reserve the right to suspend and/or terminate your subscription without notice if individuals other than you use your wireless device or computer (or a different wireless device or computer) to access smarTVideo Services using your subscription. You will not share your username or password, and you must promptly report to smarTVideo any knowledge or suspicion of use of your account by any other person. Your purchase of any smarTVideo Services will be subject to the following terms:
- Purchases. During your visit to any smarTVideo online properties (including our web site at www.smartvideo.com or any associated third party web sites) you may elect to engage in a transaction involving the purchase of a smarTVideo Services subscription. In order to serve you most efficiently, credit card transactions for subscription services are typically handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you're concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. smarTVideo cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
- Payment. You agree to pay all subscription fees and any other charges incurred in connection with your subscription (including any applicable taxes) at the rates in effect when the charges were incurred. All fees quoted are exclusive of applicable sales and other taxes and smarTVideo may collect any applicable taxes in addition to the quoted fees. All fees will be billed at the beginning of your subscription or any renewal (or as soon thereafter as fees or charges are incurred) and, unless expressly set forth otherwise herein, are nonrefundable. You are responsible for all fees and charges incurred to access smarTVideo Services through an Internet access provider, wireless carrier, or other third party service provider. Your subscription will renew automatically, unless we terminate it or you unsubscribe through our web site or a third party web site that is authorized to facilitate such subscription termination. Except to the extent prohibited by law, smarTVideo may assess a late charge if you do not pay any fees or other amounts on time. The late charge will be the lesser of 18% per annum or the maximum amount permitted by law. smarTVideo may use a third party to collect past due amounts. You must pay all reasonable amounts (including attorney’s fees) incurred in connection with any collection efforts. smarTVideo may suspend or cancel the smarTVideo Services if you fail to pay in full or on time.
- Cancellation. You may cancel your subscription at any time by calling smarTVideo’s Customer Support at 1-800-261-6004. Cancellation of the subscription shall be effective immediately. If you wish your service to continue through the end of your billing cycle without receiving further charges, you will need to terminate your service the day before your next bill date.
- Refund Policies. Except as expressly set forth below, all subscription payments and other amounts paid to smarTVideo are non-refundable.
- Recurring Monthly Subscription: During the initial thirty (30) days of your subscription, you may cancel the subscription and we will credit your payment card on a prorated basis for the amount billed by smarTVideo. This limited refund right is available to first time customers only. smarTVideo is not responsible for (and will not refund) any additional fees charged to you by other parties in connection with your subscription. After the initial thirty (30) days of your subscription, all fees are nonrefundable.
- Daily and Weekly Subscription: Following the initial purchase of your subscription, you have up to, but no more than, five (5) days to request a refund for the service and we will credit your payment card on a prorated basis for the amount billed by smarTVideo. This limited refund right is available to first time customers only. smarTVideo is not responsible for (and will not refund) any additional fees charged to you by other parties in connection with your subscription. After the initial five (5) days of your subscription, all fees are nonrefundable.
- Annual Package Subscription: Your one-year service commitment begins on the day your smarTVideo Service is activated. During the initial thirty (30) days of your subscription, you may cancel the subscription and we will credit your payment card on a prorated basis for the amount billed by smarTVideo. After this initial thirty (30) day period, early cancellation of this service prior to the end of your commitment will result in a fee to be determined by smarTVideo of up to $50. smarTVideo is not responsible for (and will not refund) any additional fees charged to you by other parties in connection with your subscription.
- Pricing Errors. On occasion, a product or service may not be available at the time or the price as it appears in an advertisement or product offering. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree smarTVideo is not responsible nor liable for such errors or discrepancies.
- Updates to Your Account. You agree to keep all information in your account with smarTVideo current, including your address and the expiration date of your credit card.
Software for Mobile Devices. If you receive software from smarTVideo in connection with your use of the smarTVideo Services for mobile devices (the “Software”) you are entitled to use the Software pursuant to these Terms of Service and the following additional terms that apply specifically to the Software:
- License. smarTVideo grants you a personal, nonexclusive, royalty-free, non-transferable license, for your own personal or internal business purposes, to download the Software to your computer and save the Software to a single mobile device under your control.
- Limitations. You may not (a) sell, rent, lease, lend, sublicense, assign, or otherwise distribute copies of the Software, (b) reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, or (c) make any modifications to the Software.
- Ownership. smarTVideo reserves all rights in the Software not expressly granted to you in these Terms of Service. smarTVideo owns all right, title, and interest in and to the Software, including, without limitation, copyright, patent, trade secret, trademark and other proprietary rights. The Software is licensed, not sold. smarTVideo and related marks are exclusive trademarks of smarTVideo and no license is granted hereunder.
- Term. smarTVideo may terminate this Software license at any time and for any reason or no reason. Upon delivery of notice of termination for any or no reason, you shall promptly cease using the Software.
- Personal Information. SMARTVIDEO COLLECTS CERTAIN INFORMATION ABOUT YOU AND YOUR MOBILE DEVICES WHEN THE SOFTWARE IS INSTALLED OR DEINSTALLED. THE INFORMATION GATHERED INVOLVES YOUR NAME, YOUR E-MAIL, MOBILE PHONE NUMBER AND IDENTIFYING INFORMATION ABOUT YOUR MOBILE DEVICE. THIS INFORMATION IS USED SOLELY FOR SOFTWARE LICENSE PURPOSES. OUR POLICY IS TO RESPECT THE PERSONAL INFORMATION YOU PROVIDE. FOR MORE INFORMATION ABOUT SMARTVIDEO USES OF YOUR PERSONAL INFORMATION, GO TO WWW.SMARTVIDEO.COM/PRIVACY. BY PROCEEDING WITH INSTALLATION OF THE SOFTWARE, YOU CONSENT TO THE COLLECTION AND USE OF THIS INFORMATION.
- Legal Compliance; Indemnity. You may not use or export the Software in violation of any laws, including, without limitation, US export laws and regulations. You agree to indemnify, defend and hold harmless smarTVideo, its parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and their successors and assigns (collectively the “smarTVideo Parties”), from any and all claims and damages (including attorneys' fees and court costs) arising from or relating to your use of the Software or breach of these Terms of Service.
Communications with Third Parties Through smarTVideo™ Services. Your dealings or communications through smarTVideo Services with any party other than smarTVideo are solely between you and that third party. For example, certain areas of smarTVideo Services may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party vendors. Under no circumstances will smarTVideo be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with and agree to them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be sent directly to the third party.
During your visit to smarTVideo Services or our third parties’ media you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, web sites, advertisements, features, contests or sweepstakes offered by other parties. smarTVideo is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
General Disclaimer and Limitation of Liability: While smarTVideo Services uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. smarTVideo does not represent or warrant that use of any Content will not infringe rights of third parties. smarTVideo Services has no responsibility for actions of third parties or for content provided or posted by others.
USE OF SMARTVIDEO SERVICES IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." SMARTVIDEO, NOR ITS PARENT, AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING SMARTVIDEO SERVICES, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH SMARTVIDEO SERVICES, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SMARTVIDEO SERVICES OR SUCH CONTENT OR SERVICES. SMARTVIDEO DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES SMARTVIDEO SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. SMARTVIDEO AND ITS PARENT AND AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT PROVIDED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
SMARTVIDEO SERVICES CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. SMARTVIDEO DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SMARTVIDEO SERVICES. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL SMARTVIDEO OR ITS PARENT, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SMARTVIDEO OR ITS PARENT, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR ANY DAMAGES, DIRECT OR OTHERWISE, IN EXCESS OF $100.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SMARTVIDEO, ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, AND THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “SMARTVIDEO PARTIES”), FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF SMARTVIDEO SERVICES; (2) USE OF ANY INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR SUBSCRIPTION ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THESE TERMS OF SERVICE BY YOU.
International Users. smarTVideo Services is controlled, operated and administered by smarTVideo Services from its offices within the United States. smarTVideo Services makes no representation that materials or Content available through smarTVideo Services are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use smarTVideo Services or export the Content in violation of U.S. export laws and regulations. If you access smarTVideo Services from a location outside the United States, you are responsible for compliance with all applicable laws.
Miscellaneous: smarTVideo reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing the Terms of Service. Your continued use of smarTVideo Services after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of the smarTVideo Services prior to the time this version of the Terms of Service was posted will be governed according to the Terms of Service that were in effect at the time of your use.
smarTVideo may modify, suspend, discontinue or restrict the use of any portion of smarTVideo Services, including the availability of any portion of the Content at any time, without notice or liability. smarTVideo may deny access to any person or user at any time for any reason. smarTVideo may at any time transfer its rights and obligations under these Terms of Service to any party.
You acknowledge and agree that as a condition to your use of smarTVideo Services, each third party provider of Content through smarTVideo Services shall automatically be deemed a third party beneficiary to these Terms of Service for purposes of enforcing its rights and privileges, including, without limitation, related to copyright, trademark and proprietary rights.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to smarTVideo Services must be filed in a federal or state court located in Atlanta, Georgia, within six (6) months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. You agree to waive rights to a jury trial. If for any reason any provision of these Terms of Service is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision and the remainder of the Terms of Service shall continue in full force and effect. Recognizing that smarTVideo could be irreparably injured in the event of your breach of these Terms of Service, including without limitation with respect to smarTVideo’s ownership rights, smarTVideo shall be entitled to seek preliminary and permanent injunctive relief, in addition to other remedies available at law and in equity.
Any failure of smarTVideo to enforce or exercise any provision of these Terms of Service or related right shall not constitute a waiver of that right or provision. The section titles used in these Terms of Service are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms of Service for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content and protection of proprietary rights, warranty disclaimers and limitations on liability, indemnity provisions, general provisions, and all other provisions for which survival is equitable or appropriate.
With respect to the subject matter herein, in the case of a conflict between these Terms of Service and the Privacy Policy, these Terms of Service control.
Contact Us. To contact smarTVideo™, please use the following: support@smarTVideo.com.
smarTVideo™ Technologies, Inc.
3505 Koger Boulevard
Suite 400
Duluth, GA 30096
Phone: (770) 279-3100
Fax: (770) 279-3149
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