Terms & Conditions
Smart Content - Terms & Conditions
Last updated: July 13, 2017
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with http://www.smartcontent.tv website (the "Service") operated by Smart Content TV Limited ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases:
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies:
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be incorrectly priced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Subscriptions:
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Smart Content TV Limited cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Smart Content TV Limited customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Smart Content TV Limited with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Smart Content TV Limited to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Smart Content TV Limited will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free Trial:
Smart Content TV Limited may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Smart Content TV Limited until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Smart Content TV Limited reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes:
Smart Content TV Limited , in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Smart Content TV Limited will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds:
Except when required by law, paid Subscription fees are non-refundable.
Service and Platform Agreement:
Our Services and Platform allows you to post, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
Acceptance of Content Ownership:
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Ownership Declaration:
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Your Content Usage Obligations, Responsibilities and Liabilities:
In using Smart Content TV Limited’s services you recognise and agree that you are solely responsible and liable for all your activities carried out on our Web, App, TV App and Cloud Servers, this responsibility extends to any and all Users registered to use your account or Users who gain access to your account. You shall be liable for any infringement of these Terms by a User as if you had breached the Terms.
Should your account be compromised or being used for illegal activities, it shall be your responsibility to promptly notify us of such events and activities where a breach of security or any unauthorised Use of Login credentials is occurring / has occurred.
You are responsible for ensuring that Content displayed and stored via our services is not deemed to be offensive, illegal and / or inappropriate in any form. Content that is deemed inappropriate, illegal or offensive is detailed in the list below:
Pornography:
We prohibit content containing pornography or content that depicts graphical sexual acts or sexually explicit material. This includes full nudity contained in your application or marketing materials. We also don’t allow content that promotes or drives traffic to pornography sites.
Harassment:
Materials and content that harasses, results in the harassment or advocates harassment of another person is strictly prohibited on our platform and services. Content will be removed if reported and your account may be temporarily suspended until further investigation.
Offensive Content:
Smart Content TV Limited reserve the right to determine the appropriateness of all Content and to accept or reject any Content at our discretion. Any promotion of conduct that is abusive, threatening, obscene, defamatory or libellous will be withdrawn from our platform if deemed to be causing offense.
Promotion of Illegal Activities:
Any Content deemed to be promoting any illegal activities must be proactively removed from our servers. The liability of such Content stored, displayed or created using Smart Content TV Limited services solely belongs to the named account holder.
Promotion of Abusive and / or Antisocial Behaviour:
Any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual will be suspended and may result in the Content being passed to a law enforcement agency for further investigation.
Illegal Activity:
Content must comply with all applicable laws. Any Content that provides instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
Intellectual Property (IP) Infringement:
Content that infringe the intellectual property rights of a third party may not be distributed on our Platform or Services. If your Content includes third party IP, you may be asked to submit documentation that you hold the appropriate license or permission to use that IP in your app. SMART CONTENT TV will respond appropriately to any third party claims of breach of copyright which may result in content being removed without giving you prior warning or consent.
Copyrighted, Licensed and Third Party Content:
You warrant and represent that you own, are licensed or otherwise have a right to use any and all the Intellectual Property Rights in any Content that you submit to the Service. You hereby indemnify and hold us harmless against all damages, losses, costs and expenses (including reasonable legal expenses) incurred or suffered by us arising out of or in connection with any claim made against us by a third party arising out of or in connection with our use or possession of any Content in accordance with these Terms.
False, Fake and Inaccurate News / Content
You shall not knowingly promote, create or display information that you know or believe to be inaccurate, false or misleading.
Unethical and Illegal Money Laundering Activities
You shall not use the Platform or services to engage in the promotion of sweepstakes, competitions and/or illegal pyramid schemes.
Anti-Malware, Computer Virus and Hacking
You shall not knowingly upload, install, promote or create any virus or other thing or device which may prevent, impair or otherwise adversely affect the operation of the Website, Services or Platform.
Privacy / Publicity Infringement:
You shall not infringe upon an individual’s privacy, right of publicity, or that portray an individual in a false light. Celebrity images and/or celebrity names cannot be used for commercial purposes without permission of the celebrity or their management. This includes unauthorized celebrity image collections or any other proprietary rights of any third party.
By using our Services and Platform you and any user utilising your account on our Platform grants to us a non-exclusive, worldwide royalty free licence for use of any Content and all other materials submitted by you or any User who has access to your account.
Legal Use of Content / Liabilities
Any Content that is uploaded to our servers, displayed or used that is either under license, belonging to a third-party or copyrighted will remain the sole responsibility of the account holder. Smart Content TV Limited will not accept or concede responsibility of any legal action, fines or fees resulting from Content uploaded, displayed or used on our servers. You are entirely responsible for ensuring the relevant licences, rights, obligation and restrictions applicable to any Content are used legally and appropriately as to not bring criminal proceedings against you. Smart Content TV Limited shall not be liable to you for any losses, damages, costs or expenses incurred by you arising out of or in connection with your use of any Content through using the Services or Platform we provide.
Login Details / Account Ownership
In no circumstances shall you use your account to; Impersonate another individual, organisation or company. You shall not share your user details with another individual, organisation or company. Abuse services provided by using Content irresponsibly or with intent to cause harm, distress or upset to any group or individual. You shall maintain your account ensuring that any contact details, credit and debit card details are current, up-to-date and functioning correctly.
Website Usage Acceptance
By visiting our website, visitors accept all terms, instructions and policies detailed in our online Terms and Conditions and Privacy Policy.
Country-Specific Restrictions:
Some countries in which we provide our services may have more restrictive standards than other countries for what qualifies as “Offensive Content,” “Pornography,” or “Illegal Activity.” We may indefinitely restrict any content or service in any country where the sale or distribution of that app’s content would violate that country’s laws, cultural norms, or sensitivities.
Legal Disclaimer:
If any content submitted to our platform and/or services contains, facilitates, or promotes content that is prohibited by these guidelines, Smart Content TV Limited may revoke the services provided or suspend further distribution of your content without prior warning, if content is deemed illegal your account details may be passed to the relevant law enforcement agencies for further investigation that may result in criminal proceedings against you and / or your organisation.
Breach of Terms Cancellation:
Smart Content TV Limited reserve the right to take any action that we deem to be necessary, including without limitation, the termination of your Contract forthwith and without notice should your account and use of our services breach any of the terms in these guidelines.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" to legal@smartcontent.tv and include in your notice a detailed description of the alleged Infringement.
Smart Content TV Limited will act responsibly to address any copyright infringement claims made against any of the users on our platform and will work alongside copyright owners to regain control of any infringed or pirated Content.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
Device Disclaimer
Smart Content TV Limited is not responsible and accepts no responsibility for hardware or device malfunction, lack of processing power or electrical fault that results in a fire, loss of life or property. The device warranty will remain the responsibility of device manufacturer. Devices that run the Smart Content App are ultimately chosen and operated by you at your own risk.
Internet Requirements / Wifi Signal Disclaimer
Smart Content is a WiFi dependent application and all content requires a strong internet connection to function to it's full potential. Low bandwidth Internet may cause disruption to our services. Smart Content accepts no responsibility for services lost due to poor quality internet, internet drop-outs or internet services provided by a third party. Whilst we try to provide a cached service to minimise disruption Smart Content services rely on a strong internet connection which remains the responsibility of our customers.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Smart Content TV Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Smart Content TV Limited. .
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Smart Content TV Limited.
Smart Content TV Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Smart Content TV Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Smart Content TV Limited , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Smart Content TV Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us - support@smartcontent.tv
