1. Your Acceptance
3. Website Access
MySmartVid hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or mdify any part of the Website without MySmartVid prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions. You are solely responsible for the activity that occurs on this Website. You agree not to use or launch any automated system, including without limitation, "robots," "spides," and "offline readers," that accesses the Website in a manner that sends more request messages to the MySmartVid.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. MySmartVid.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MySmartVid.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below). MySmartVid.com has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.
4. Intellectual Property Rights
The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MySmartVid.com. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without MySmartVid.com's prior written consent. MySmartVid.com reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
5. Copyright and Content Policy
MySmartVid respects the intellectual property rights of others, and requests you to do the same. MySmartVid does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MySmartVid.com will promptly suspend any copyrighted content (served via a publicly available web address / URL) from being able to be converted and downloaded by its Website when kindly notified. MySmartVid.com also has a team in place that’s putting in extra effort to mitigate the possibility of copyright infringing activities using its Website by actively seeking out and disabling the possible conversion of commercial copyrighted materials. If you’re a content creator/owner, copyright owner or an agent thereof and would like to disable the possible use of MySmartVid.com’s platform to convert your publicly available content(s), please kindly send us a request via e-mail at copyright@MySmartVid.com with the following information: the URL(s) and description(s) of the content(s) you want us to block; a form of electronic or physical evidence showing that you have the rights to act for the content(s); contact information that is reasonably sufficient to permit us to contact you, such as an address, telephone number, and a valid e-mail address. The content(s) will be blacklisted in our system within 24 hours.
MySmartVid.com, the MySmartVid.com logo, and all other MySmartVid.com trademarks, service marks, product names, and trade names of MySmartVid.com appearing on the Services are owned by MySmartVid.com. All other trademarks, service marks, product names, logos and pics appearing on the Services are the property of their respective owners.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, MySmartVid.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MySmartVid.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. MySmartVid.com DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND MySmartVid.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT THE UNIQUE PURPOSE OF DOWNLOADING CONTENTS WITH RESTRICTIVE AND PERSONAL USES. AS THE SERVICE IS FULLY ACCESSIBLE FROM INTERNET, YOU AGREE THAT YOU NEED TO KNOW THE SPECIFIC RULES APPLIED IN YOUR COUNTRY. YOU AGREE THAT MORE GENERALLY ALL THE CONTENT DOWNLOADED FROM MySmartVid.com IS INTENDED FOR AN EVALUATION PERIOD AND WILL NOT BE PRESENT ON YOUR HARD DRIVE OR ANY OTHER DEVICES MORE THAN A RESTRICTIVE PERIOD OF 2 DAYS. YOU AGREE THAT IF YOU WISH TO KEEP THE CONTENT AND IF THIS CONTENT IS SOLD UNDER A LICENCE , YOU WILL BUY A LICENSE OF IT.
8. Limitation of Liability
IN NO EVENT SHALL MySmartVid.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MySmartVid.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MySmartVid.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless MySmartVid.com, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.
10. Ability to Accept Terms & Conditions
These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MySmartVid.com without restriction.