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Terms of Use

Terms of website use

Please read these terms and conditions carefully before using this site.
SMARDTV SA  ("we", "us" or "SMARDTV ") maintain the SMARDTV website as a service to its visitors. By using this website (the “Site”), you agree to comply with and be bound by the following terms of use. If you do not agree to these terms, you should not obtain information from or otherwise use this website. Use of our Site includes accessing, browsing or registering to use our website. 

Introduction
You agree to the terms and conditions set forth in this Terms of Use Agreement ("Agreement") with respect to this Site. This Agreement supersedes all prior agreements, representations, warranties and understandings with respect to the Site, the content provided by or through the Site. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will always be posted on the Site. Please check this page from time to time to take notice of any changes made as these are binding on you.
Changes to our Site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Accessing our Site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Intellectual Property Rights
All information, documents, communications, files, text, graphics, software and products available through the Site, as well as their selection and arrangement (collectively, the "Materials"), are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials may violate such laws and this Agreement. Except as expressly provided herein or pursuant to a separate license agreement, SMARDTV and its suppliers do not grant any express or implied rights to use the Materials. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site or the Materials, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. 
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
Use of Software
The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of SMARDTV and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are incorporated by reference herein. You will not be able to install or use any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by this Agreement. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Trademark Information
"SMARDTV Marks" means all names, marks, brands, logos, designs, trade dress and other designations SMARDTV and its affiliates use in connection with their products or services. You may refer to products and services by the associated SMARDTV Marks, provided that such reference is truthful and not misleading and complies with the then current SMARDTV Trademark and Logo policy and Design Guidelines, which may be obtained by contacting SMARDTV's Marketing Communications Department at +41 21 732 0404. You may not remove or alter any SMARDTV Marks, nor may you use the SMARDTV Marks in any manner that is inconsistent with SMARDTV's ownership of such Marks. You acknowledge SMARDTV's rights in the SMARDTV's Marks and agree that any and all use of SMARDTV Marks by you shall inure to the sole benefit of SMARDTV. You agree not to incorporate any SMARDTV Marks into any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations without SMARDTV's permission.

Limited Right to Use
Unless otherwise expressly agreed in writing by SMARDTV, the viewing, printing or downloading of any Materials from the Site grants you only a limited, nonexclusive license for use solely by you for personal, internal, noncommercial purposes and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Materials may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, internal, noncommercial use (but not for resale or redistribution). The rights specified above to view, download and print the Materials are not applicable to the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any Materials appearing on the Site.

Indemnification
You agree to indemnify, defend and hold SMARDTV, SA. and its affiliates (collectively, the "Affiliated Parties") harmless from and against any liability, loss, claim or expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Site.

Non transferable
Any password or right given to you to obtain Materials from the Site is not transferable. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Liability
Limitation of our liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Swiss law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied. 
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Site; or
use of or reliance on any content displayed on our Site. 
If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

Links to Other Websites
The Site may now, or hereafter from time to time, contain links to third-party websites. We do not control such websites nor do we investigate, monitor or check such websites for accuracy or completeness. Accordingly, we are not responsible for the content or opinions expressed in such websites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party website, you do so at your own risk. SMARDTV disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.
Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.

Forward-Looking Statements
The Site may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items relating to us; (ii) our plans, objectives and/or projections for future operations, including those relating to our products or services; (iii) our future economic performance; and (iv) other projections, estimates or forward-looking statements relating to us. All such statements and information are forward-looking statements. Such forward-looking statements are based upon, or will be based upon, our judgment with respect to future events at the time any such forward-looking statement is made. Forward-looking statements are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. We undertake no duty or obligation to update any forward-looking statement.

Information and Press Releases
The Site contains press releases and other information (collectively, "Information") about us, our business and our products, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site.
While all Information prepared by SMARDTV was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than SMARDTV that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information prepared by third parties are solely those of the author(s) and do not necessarily reflect the opinion of SMARDTV. With respect to Information contained in links to third-party websites, please refer to the section above entitled "Links to Other Websites."

Visitors' Communications
Except where expressly provided otherwise by us, all comments, feedback, information, or materials submitted to us through or in association with the Site shall be considered non confidential. By submitting such comments, feedback, information, or materials to us, you agree to grant SMARDTV an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such materials, and you also agree that SMARDTV is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such materials to us unless: (a) you grant us permission to do so; (b) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (c) we believe it necessary in order to protect the rights of SMARDTV or others.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.

Personal Information and Privacy
To learn about how SMARDTV protects your personal information, such as your name and address, refer to the SMARDTV Online Privacy Policy. Except as set forth in the Privacy Policy or in this Agreement, your personal information will be deemed to be confidential. Any non-personal information or material sent to SMARDTV will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of SMARDTV or others, or as stated in our Privacy Policy.

Miscellaneous
This Agreement shall be treated as though it were executed and performed in Cheseaux- sur-Lausanne, Switzerland, and shall be governed by and construed in accordance with the Swiss laws (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. You expressly submit to the exclusive jurisdiction and venue of the courts of Switzerland with respect to all matters relating to this Agreement or your use of the Site, and consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Rev. 20 March 2017