| By using the smartvideo.com
Web Site, users agree to be bound by the following terms
of use.
Terms and Conditions
General
Your use of this World Wide Web Site (the "Web
Site") is subject to the following terms and
conditions of use (the "Terms"). You agree
to the Terms by accessing this Web Site or accepting
the information from this Web Site. SmartVideo Technologies,
Inc. reserves the right in its sole discretion to
change the Terms, and your continued use of this Web
Site after the posting of any notice of a change in
the Terms shall constitute your acceptance to be bound
by any such changes. Since you are bound by any such
revisions posted on the Web Site at the time of any
visit, you should therefore periodically visit this
page to review the current Terms to which you are
bound.
No Other Contract
Except for these Terms and Conditions, no statement
on the Web Site constitutes a contract, a representation
or warranty, an offer to enter into a contract, or
an offer of employment, and no statement on the Web
Site is (or shall be deemed to be) incorporated by
implication, reference or otherwise into any contract,
or any employment relationship, of SmartVideo Technologies,
Inc.
Content
The information and features included in this Web
Site, including, but not limited to trademarks, service
marks and copyrightable works (the "Content")
have been compiled from a variety of sources, are
for informational purposes only, and are subject to
change at any time without notice. However, this Web
Site and all Content it contains are provided "AS
IS." By using or linking to this Web Site, you
assume the risk that the Content on this Web Site
may be incomplete, inaccurate, out of date, or may
not meet your needs and requirements.
Securities Law and Related Matters
Information provided on the Web Site is generally
given only as of the date such information is initially
posted on the Web Site. SmartVideo Technologies, Inc.
assumes no duty, and expressly disclaims any such
duty, to update or alter any such information for
any reason, whether as a result of new information,
future events, reassessments by management, or any
other such event. This Web Site contains "forward-looking
statements" within the meaning of the Private
Securities Litigation Reform Act of 1995. Words such
as "anticipates," "estimates,"
"expects," "projects," "intends,"
"plans," "believes" and words
and terms of similar meaning used in connection with
any discussion of future performance identify such
forward-looking statements. Actual results may vary
materially as a result of various factors. SmartVideo
Technologies, Inc. operates in the very competitive
and constantly changing service industry. This industry
is affected by, among other things, governmental regulation,
economic, political and social conditions, consumer
and professional responses to new and existing products
and services, technological developments and, particularly
in view of new technologies, the continued ability
to protect intellectual property rights. Actual results
could differ materially from management's expectations
because of changes in such factors. Other factors
and risks could also cause actual results to differ
from those contained in the forward-looking statements,
including those identified in SmartVideo Technologies
Inc.’s other filings with the SEC.
This Site contains content provided by third-parties.
SmartVideo Technologies Inc. does not warrant or guarantee
the accuracy, availability or completeness of this
information. Neither SmartVideo Technologies, Inc.
nor its content or data providers shall be liable
for any errors, omissions or inaccuracies in this
content.
Copyright and Trademark Information/Restrictions
on Use of Web Site
This Web Site and all of the Content it contains,
or may in the future contain is the property of SmartVideo
Technologies, Inc. its affiliate companies and licensors
and is protected from unauthorized copying and dissemination
by U.S. copyright law, international conventions and
other copyright laws.
The trademarks, logos, and service marks (collectively,
the "Trademarks") displayed on the Web Site
are registered and unregistered Trademarks of SmartVideo
Technologies, Inc. its affiliates, its licensors and
others. Nothing contained on the Web Site should be
construed as granting, by implication, estoppel or
otherwise, any license or right to use any Trademark
or Content displayed on the Web Site without the written
permission of SmartVideo Technologies, Inc. or such
third-party that may own the relevant Trademarks or
Content. Your misuse of the Trademarks or Content
on the Web Site except as provided in these Terms,
is strictly prohibited. You are also advised that
SmartVideo Technologies, Inc. will aggressively enforce
its intellectual property rights to the fullest extent
of the law, including referral for criminal prosecution
where appropriate.
Authorization
Requests for permission to reproduce any information
contained on this Web Site should be addressed to
ronwarren@smartvideo.com.
SmartVideo Technologies, Inc. hereby reserves all
rights not expressly granted to you. Nothing in these
Terms shall be interpreted as conferring by implication,
estoppel, or otherwise any license or right under
any patent, copyright, trademark, publicity or other
intellectual property right of SmartVideo Technologies,
Inc. or any third-party, except as expressly granted
herein.
Changes in Service
SmartVideo Technologies, Inc. may modify, suspend,
discontinue (temporarily or permanently), restrict
the use of, charge for or make free all or any portion
of this Web Site at any time and without notice or
liability. The Web Site may also be temporarily unavailable
due to maintenance or malfunction of computer equipment.
You agree the SmartVideo Technologies, Inc. shall
not be liable to you or to any third-party for any
modification, suspension or discontinuance of the
Web Site.
Special Admonitions for International
Use
Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online
conduct. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical
data exported from the United States or the country
in which you reside.
Disclaimers/Limitations on Liability
SmartVideo Technologies, Inc. makes no representation
or warranty whatsoever regarding the completeness,
accuracy, currency, or adequacy of any information,
facts, views, opinions, statements and recommendations
contained in this Web Site. Reference to any product,
process, publication or service of any third-party
by trade name, trademark, manufacturer, or otherwise
does not necessarily constitute or imply its endorsement
or recommendation by SmartVideo Technologies, Inc.
Users are responsible for seeking the advice of professionals,
as appropriate, regarding the information, opinions,
advice or content available at this Web Site.
The Internet may be subject to breaches of security.
SmartVideo Technologies, Inc. is not responsible for
any resulting damage to any user's computer from any
such security breach, or from any virus, bugs, tampering,
unauthorized intervention, fraud, error, omission,
interruption, deletion, defect, delay in operation
or transmission, computer line failure or any other
technical or other malfunction. SmartVideo Technologies,
Inc. makes no representation or warranty whatsoever
regarding the suitability, functionality, availability,
or operation of this Web Site. SmartVideo Technologies,
Inc. is not responsible for the content or performance
of any portion of the Internet other than the www.smartvideo.com
domain, including other Web Sites to which this Web
Site may be linked or from which this Web Site may
be accessed. Users are requested to inform SmartVideo
Technologies, Inc. of any errors or inappropriate
material found on Sites to which this Web Site is
or may be linked. SmartVideo Technologies, Inc. reserves
the right, in its sole discretion, to terminate a
link with any Web Site, which it deems inappropriate
or inconsistent with this Web Site.
SMARTVIDEO TECHNOLOGIES, INC. SPECIFICALLY DISCLAIMS
ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH
RESPECT TO THIS WEB SITE AND THE INFORMATION AND OTHER
MATERIALS CONTAINED THEREON.
IN NO EVENT WILL SMARTVIDEO TECHNOLOGIES, INC. BE
LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT
LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR
IN CONNECTION WITH THE WEB SITE, ITS CONTENT, OR ANY
ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR
ITS CONTENT, EVEN IF SMARTVIDEO TECHNOLOGIES, INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PROTION OF THE SMARTVIDEO
TECHNOLOGIES, INC. WEB SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSINVE REMEDY IS TO
DISCONTINUE USING THE WEB SITE.
Disclaimer of Liability for Third-Party
Content and Links
You agree that SmartVideo Technologies, Inc. is not
responsible and will not be held liable for any third-party
content on the Web Site or any third-party content,
products or services available on other Web Sites
accessed through links from the Web Site. Links to
third-party Sites are for your convenience only, and
their inclusion on the SmartVideo Technologies, Inc.
Web Site does not imply an endorsement, guarantee,
warranty or representation by SmartVideo Technologies,
Inc.
Rights Reserved / Change in Terms
Any rights not expressly granted herein are reserved.
SmartVideo Technologies, Inc. reserves the right to
make changes to these terms and conditions at any
time and for any reason. Notices to you, including
notices of changes to these terms, may, at SmartVideo
Technologies, Inc.’s discretion, be made either
by E-mail, regular mail or by displaying the notices
or links to notices on the SmartVideo Technologies,
Inc. Web Site. All such changes will become effective
10 days after posting of such notice. Your continued
use of the Web Site after the date such changes become
effective will constitute your acceptance of the changes
and your agreement to be legally bound by any modifications
or amendments to these terms and conditions.
Additional Provisions
SmartVideo Technologies, Inc. may deny or terminate
any permission granted under these Terms at any time
for any reason by giving you notice.
Access to this Web Site may be monitored. The requesting
URL, the machine originating the request, and the
time of the request may be logged for access statistics
and security purposes. Use of this Web Site constitutes
consent to such monitoring and the SmartVideo Technologies,
Inc. reuse of such collected information. In addition,
any information submitted to SmartVideo Technologies,
Inc. through this Web Site is considered non confidential.
By using this Web Site, you agree to indemnify, hold
harmless and defend SmartVideo Technologies, Inc.
from any claims, damages, losses, liabilities, and
all costs and expenses of defense, including but not
limited to attorneys' fees, resulting directly or
indirectly from a claim by a third-party that is based
on your use of this Web Site in violation of these
Terms.
These Terms shall be construed and enforced in accordance
with the laws of the State of Georgia, without regard
to its conflicts of law principles. Any cause of action
with respect to the Terms and/or use of this Web Site
must be filed in Georgia within one (1) year after the
occurrence of the facts giving rise to the cause of
action, otherwise the cause shall be barred.
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