By using the smartvideo.com Web Site, users agree to be bound by the following terms of use.

For a printable PDF version of these terms and Conditions, click here.

Terms and Conditions

SmartVideo Technologies, Inc. ("SmartVideo") has developed these Terms of Service to govern your use of on-demand video and content services available through SmartVideo (“SmartVideo Services”). Your use of SmartVideo Services tells us you have read and agreed to these Terms of Service and to our Privacy Policy, as well as the End-User License Agreement related to our proprietary Software. Please read all of these documents carefully. If you do not agree with any of these terms, please do not subscribe to SmartVideo Services. SmartVideo reserves the right to terminate Subscription and deny access to the service to any person who violates this Terms of Service.

Acceptance of these Terms of Service constitutes your representation 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 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 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 infringed by the Content available through SmartVideo Services, please promptly provide a written notice to SmartVideo at the address below specifying the infringement, which you hereby acknowledge and agree to address in accordance with the Digital Millenium Copyright Act. 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.

Subscription and Registration
If you become a subscriber of 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. We reserve the right to suspend and/or terminate your Subscription without notice if individuals from other than your wireless device access SmartVideo Services using your subscription. You will not share your username or password, and you must promptly report any knowledge or suspicion of use of your account by any other person.
• Transactions and e-commerce on web sites.

During your visit to our web site or our third parties web site you may elect to engage in a transaction involving the purchase of a SmartVideo Services subscription. To serve you most efficiently, credit card transactions for subscription services are 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.
• 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 will be billed at the beginning of your subscription or any renewal (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access SmartVideo Services through an Internet access provider or other third party service. Your subscription will renew automatically, unless we terminate it or you unsubscribe through our web site or a third parties web site to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of fees for the renewal term to your credit card.

• On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. 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 for such errors or discrepancies.

WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

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 them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded 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. 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 DIRECT DAMAGES 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 CONTENT OR 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 THIS AGREEMENT 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 this 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 this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied 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 this Agreement 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 this Agreement 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 jury trial. If for any reason any provision of this Agreement 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 Agreement 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 this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content and protection of proprietary rights, the license(s) you have granted to SmartVideo, warranty disclaimers and limitations on liability, 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 and/or End User License Agreement, these Terms of Service control.