SmartVideoPlus Terms

These Terms of Use constitute a legal agreement between you and VideoSwiper, LLC (“Smart Video Plus and VideoSwiper.")

The Smart Video Plus and VideoSwiper Web Site is comprised of http://www.smartvideoplus.com,www.videoswiper.com and their constituent web pages and various other web sites, URLs and Web pages operated by Smart Video Plus and VideoSwiper.

The Smart Video Plus and VideoSwiper Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Smart Video Plus and VideoSwiper Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Smart Video Plus and VideoSwiper reserves the right to change the terms, conditions, and notices under which the Smart Video Plus and VideoSwiper Web Site is offered, including but not limited to the charges associated with the use of the Smart Video Plus and VideoSwiper Web Site. All changes shall be effective and deemed accepted by all users upon posting of such changes on the Smart Video Plus and VideoSwiper Web Site. That version will then apply to all use by you following the date of publication. Each access of information from Smart Video Plus and VideoSwiper will be a separate, discrete transaction based on the then prevailing terms. These Terms of Use and the license granted by it may not be assigned or sublet by you without Smart Video Plus and VideoSwiper's advance written consent.

SUBSCRIPTION TERMS

Use of the Smart Video Plus and VideoSwiper Web Site requires the payment of a monthly subscription service. Each user agrees to pay to Smart Video Plus and VideoSwiper a monthly subscription fee, in advance, via Pay Pal, credit card or other method from time to time established by Smart Video Plus and VideoSwiper, for each month’s use of the Smart Video Plus and VideoSwiper Web Site. Each user authorizes Smart Video Plus and VideoSwiper to automatically debit the payment source or mechanism associated with his or her registered account for each monthly subscription fee. Monthly subscription fees are not refundable for any reason. Automatic debits shall continue unless the user terminates the subscription in accordance with these terms and conditions. For termination on the Smart Video Plus and VideoSwiper Web Site. To cancel your subscription please visit http://www.videoswiper.com/contact.html and post a support request.

Smart Video Plus and VideoSwiper may from time to time establish special promotional thirty day “trial offers”, in its discretion, on such terms and conditions as may be posted on the Smart Video Plus and VideoSwiper Web Site. Smart Video Plus and VideoSwiper may provide access to or use of thirty day promotional or trial offers using promotion codes, coupons , credits or other mechanisms, in its sole discretion. Promotional or trial offers may be modified or terminated at any time, in Smart Video Plus and VideoSwiper’s discretion, and will in any case be limited to one offer per user. At the end of any thirty day promotional or trial offer, the user’s credit card or Pay Pal account will automatically be debited for each subsequent monthly subscription period, and such automatic debits shall continue unless the user terminates the subscription during the thirty day trial period, in accordance with the terms and conditions for termination on the Smart Video Plus and VideoSwiper Web Site.

Promotional or trial subscriptions provide the user access to limited portions of the Smart Video Plus and VideoSwiper Web site. The entire Smart Video Plus and VideoSwiper Web site will be made available only to users paying the complete monthly subscription fee for a given month.

From time to time, Smart Video Plus and VideoSwiper may provide its members with access to offers or promotions made available by or from third parties. If a Smart Video Plus and VideoSwiper member provides an e mail address or other information to such a third party, Smart Video Plus and VideoSwiper will not be responsible for the use of the information so provided.

CANCELLATION POLICY

Refer to http://www.videoswiper.com/

LINKS TO THIRD PARTY SITES

The Smart Video Plus and VideoSwiper Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Smart Video Plus and VideoSwiper and Smart Video Plus and VideoSwiper is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Smart Video Plus and VideoSwiper is not responsible for webcasting or any other form of transmission received from any Linked Site. Smart Video Plus and VideoSwiper is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Smart Video Plus and VideoSwiper of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Smart Video Plus and VideoSwiper Web Site, you warrant to Smart Video Plus and VideoSwiper that you will not use the Smart Video Plus and VideoSwiper Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Smart Video Plus and VideoSwiper Web Site in any manner which could damage, disable, overburden, or impair the Smart Video Plus and VideoSwiper Web Site or interfere with any other party's use and enjoyment of the Smart Video Plus and VideoSwiper Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Smart Video Plus and VideoSwiper Web Sites.

USE OF COMMUNICATION SERVICES

The Smart Video Plus and VideoSwiper Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Smart Video Plus and VideoSwiper has no obligation to monitor the Communication Services. However, Smart Video Plus and VideoSwiper reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Smart Video Plus and VideoSwiper reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Smart Video Plus and VideoSwiper reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Smart Video Plus and VideoSwiper's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Smart Video Plus and VideoSwiper does not control or endorse the content, messages or information found in any Communication Service and, therefore, Smart Video Plus and VideoSwiper specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Admins and moderators are not authorized Smart Video Plus and VideoSwiper spokespersons, and their views do not necessarily reflect those of Smart Video Plus and VideoSwiper.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO VIDEOSWIPER AND SMARTVIDEOPLUS OR POSTED AT ANY VIDEOSWIPER AND SMARTVIDEOPLUS WEB SITE

Smart Video Plus and VideoSwiper does not claim ownership of the materials you provide to Smart Video Plus and VideoSwiper (including feedback and suggestions) or post, upload, input or submit to any Smart Video Plus and VideoSwiper Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Smart Video Plus and VideoSwiper, its affiliated companies, licensees and sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Smart Video Plus and VideoSwiper is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Smart Video Plus and VideoSwiper's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE VIDEOSWIPER AND SMARTVIDEOPLUS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIDEOSWIPER AND SMARTVIDEOPLUS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE VIDEOSWIPER AND SMARTVIDEOPLUS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE VIDEOSITEBUILDER AND MEDIABOT WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

VIDEOSWIPER AND SMARTVIDEOPLUS AND ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE VIDEOSWIPER AND SMARTVIDEOPLUS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS, WHERE IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIDEOSWIPER AND SMARTVIDEOPLUS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL VIDEOSWIPER AND SMARTVIDEOPLUS AND/OR ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMEBERS, SUCCESSORS, ASSIGNS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE VIDEOSITEBUILDER AND MEDIABOT WEB SITE, THE RESULTS OBTAINED FROM CONTENT, DATA OR ADVICE RENDERED ON THE VIDEOSWIPER AND SMARTVIDEOPLUS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE VIDEOSWIPER AND SMARTVIDEOPLUS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VIDEOSWIPER AND SMARTVIDEOPLUS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VIDEOSWIPER AND SMARTVIDEOPLUS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIDEOSWIPER AND SMARTVIDEOPLUS OR ANY OF ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMEBERS, SUCCESSORS, ASSIGNS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VIDEOSWIPER AND SMARTVIDEOPLUS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VIDEOSWIPER AND SMARTVIDEOPLUS WEB SITE. VIDEOSWIPER’S MAXIMUM LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR ANY CLAIM ARISING OF THE USE OF ITS WEB SITE OR ANY CONTENT APPEARING ON ITS WEB SITE SHALL BE A REFUND OF ANY MONTHLY SUBSCRIPTION FEE PAID BY THE SUBSCRIBER FOR THE MONTH DURING WHICH ANY CLAIM OR ALLEGED CLAIM ARISES.

SERVICE CONTACT: http://www.videoswiper.com

TERMINATION/ACCESS RESTRICTION

Smart Video Plus and VideoSwiper reserves the right, in its sole discretion, to terminate your access to the Smart Video Plus and VideoSwiper Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in New Castle County, Delaware, U.S.A. in all disputes arising out of or relating to the use of the Smart Video Plus and VideoSwiper Web Site. Use of the Smart Video Plus and VideoSwiper Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smart Video Plus and VideoSwiper as a result of this agreement or use of the Smart Video Plus and VideoSwiper Web Site. Smart Video Plus and VideoSwiper's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Smart Video Plus and VideoSwiper's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Smart Video Plus and VideoSwiper Web Site or information provided to or gathered by Smart Video Plus and VideoSwiper with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smart Video Plus and VideoSwiper with respect to the Smart Video Plus and VideoSwiper Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Smart Video Plus and VideoSwiper with respect to the Smart Video Plus and VideoSwiper Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Smart Video Plus and VideoSwiper Web Site are: Copyright © 2009 - 2010 by VideoSwiper, LLC. and VideoSwiper and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Limitation On Use of Information

You agree to use content or information obtained from Smart Video Plus and VideoSwiper's Web Site only for your own private use or the internal purposes of your home or business, provided that is not the selling or brokering of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, re engineered, or reproduced in any form any part of such content or information (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, posting on a web site, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for this purpose only. Nothing herein shall authorize you to create any database, digital copy, directory or hard copy publication of or from such content or information, whether for internal or external distribution or use.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Smart Video Plus and VideoSwiper, and all information to which you have access through password-protected areas of Smart Video Plus and VideoSwiper's Website and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

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