IPTV SMARTERSUBS TERMS AND CONDITIONS OF USE
2. Changes to the Agreements
3. Our Products and Services
4. Payments and Cancellations
5. Advertisement Free Version
6. Intellectual Property Rights
7. User-Generated Content
8. Rights you grant us
9. User guidelines
10. Infringement and reporting User Content
11. Service limitations and modifications
12. Customer support
13. Export control
14. Term and termination
15. Warranty disclaimer
16. Limitation and time for filing
17. Third-party rights
18. Entire Agreement
19. Severability, waiver and interpretation
22. Choice of law, mandatory arbitration, and venue
23. Contact us
Thanks for choosing IPTV Smartersubs (“IPTV Smartersubs,” “we,” “us,” “our”). IPTV Smartersubs provides an advanced IPTV player mobile application for the Android and iOS platforms for playing your own content i.e. photos, videos and streams (“Services”). It is important to note that IPTV Smartersubs does not provide any content or playlists. IPTV Smartersubs can play extensions such as 3g2, 3gp, 3gp2, 3gpp, amv, asf, avi, divx, drc, dv, f4v, flv, gvi, gxf, webm, wm, wmv, wtv, xesc, m1v, m2v, m2t, m2ts, m4v, mkv, mov, mp2, mp2v, mp4, mp4v, mpe, mpeg, mpeg1, mpeg2, mpeg4, mpg, mpv2, rec, rm, rmvb, tod, ts, tts, vob, vro, Live stream IPTV support.
By signing up or otherwise using any of these IPTV Smartersubs’ Services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, “IPTV Smartersubs Products and Services” or “Products and Services”) that is made available through our Products or Services you are entering into a binding contract with IPTV Smartersubs.
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, disclaimers on the mobile applications, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court.
You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use IPTV Smartersubs’ Products or Services.
In order to use the IPTV Smartersubs’ Products or Services and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to IPTV Smartersubs is true, accurate, and complete, and you agree to keep it that way at all times.
CHANGES TO THE AGREEMENTS
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Product or Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Product or Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.
If you do not wish to continue using any of our Products or Services under the new version of the Agreements, you may terminate your account by contacting us.
Our Products and Services
At the present our products and services are available for free and you can only watch your own content i.e. photos, videos and streams without any costs. It is important to note that we do not provide any content whatsoever. However, we also offer a paid version which is Advertisement free mobile application.
Technical issues could occur in technology products and we may interrupt our services for any maintenance or improvements on our player. You may be notified of such upgrades or maintenance by IPTV Smartersubs.
ADVERTISEMENT FREE VERSION
You may purchase our Advertisement Free version of IPTV Smartersubs by paying a fee in advance on a monthly basis or some other recurring interval basis disclosed to you prior to your purchase.
IPTV Smartersubs may change the price for the products or services from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Subject to applicable law, you accept the new price by continuing to use the IPTV Smartersubs’ Products and Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to IPTV Smartersubs will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here if you purchased the Paid Subscription through IPTV Smartersubs, or if you purchased the Paid Subscription through a third party, by cancelling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.
INTELLECTUAL PROPERTY RIGHTS
The IPTV Smartersubs Products and Services are the property of IPTV Smartersubs or IPTV Smartersubs’s licensors. We own exclusive Intellectual Property to our player and any trademarks, patents, copyrights and proprietary code therewith. We grant you limited, non-exclusive, revocable permission to make use of the IPTV Smartersubs Products and Services, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or IPTV Smartersubs.
All IPTV Smartersubs trademarks, service marks, trade names, logos, domain names, and any other features of the IPTV Smartersubs brand (“IPTV Smartersubs Brand Features”) are the sole property of IPTV Smartersubs or its licensors. The Agreements do not grant you any rights to use any IPTV Smartersubs Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the IPTV Smartersubs Products and Services, or any part thereof in any manner not expressly permitted by the Agreements. You must not infringe on intellectual property of our player or any third party copyrights by playing any content for which you do not have any authorisation. Except for the rights expressly granted to you in the Agreements, IPTV Smartersubs grants no right, title, or interest to you in the IPTV Smartersubs Products and Services.
Third party software (for example, open source software libraries) included in the IPTV Smartersubs Products and Services are made available to you under the relevant third-party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
You are solely responsible for all User Content that you post or stream or access a stream. IPTV Smartersubs is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST IPTV SMARTERSUBS RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD IPTV SMARTERSUBS HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
RIGHTS YOU GRANT US
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the IPTV Smartersubs Products and Services to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Products and Services, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the IPTV Smartersubs Products and Services, the Content you access, including its selection and placement, may be influenced by commercial considerations, including IPTV Smartersubs’ agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by IPTV Smartersubs may contain advertising as part of the Content. IPTV Smartersubs’ Products or Services makes such Content available to you unmodified.
If you provide feedback, ideas or suggestions to IPTV Smartersubs in connection with the IPTV Smartersubs Products and Services (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize IPTV Smartersubs to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant IPTV Smartersubs a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Products and Services through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
IPTV Smartersubs respects all laws and agreements and intellectual property rights and expects you to do the same. You must follow these rules and should encourage other users to do the same.
The following is not permitted for any reason:
- Using any of our products or services for doing anything that is illegal or which may be deemed illegal in the territory where you are using our products or services.
- Using any of our products or services for watching, streaming, broadcasting, publicly making available, performing, displaying to the public, recording, transferring, reproducing, copying, or redistributing content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) of IPTV Smartersubs, any person or any entity.
- Transferring copies of cached Content from an authorized Device to any other Device via any means;
- Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the IPTV Smartersubs Products or Services or any part thereof except to the extent permitted by applicable law;
- Circumventing any technology used by IPTV Smartersubs, its licensors, or any third party to protect the Content, Products or Services;
- Selling, renting, sublicensing or leasing of any part of the IPTV Smartersubs’ Products or Services;
- Circumventing any territorial restrictions applied by IPTV Smartersubs or its licensors;
- Removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Products and Services (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- Circumventing or blocking advertisements in the IPTV Smartersubs Products or Services, or creating or distributing tools designed to block advertisements in the IPTV Smartersubs Products or Services;
- Providing your password to any other person or using any other person’s username and password;
“Crawling” the IPTV Smartersubs Products or Services or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from IPTV Smartersubs or the IPTV Smartersubs Products or Services;
- Selling a user account or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account or playlist; or
- Artificially promoting Content by automated means or otherwise.
Please respect IPTV Smartersubs, the owners of the Content, and other users of the IPTV Smartersubs Products and Services. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of IPTV Smartersubs or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Products and Services;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by IPTV Smartersubs;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by IPTV Smartersubs;
- interferes with or in any way disrupts the IPTV Smartersubs Products or Services, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or IPTV Smartersubs’ computer systems, network, usage rules, or any of IPTV Smartersubs’ security components, authentication measures or any other protection measures applicable to the Products and Services, the Content or any part thereof; or
- conflicts with the Agreements, as determined by IPTV Smartersubs.
- You acknowledge and agree that posting any User Content that violates these User guidelines (or that IPTV Smartersubs reasonably believes violates these User guidelines) may result in immediate termination or suspension of your IPTV Smartersubs account. You also agree that IPTV Smartersubs may reclaim your username for any reason.
Remember that shared or publicly available information may be used and re-shared by other users on IPTV Smartersubs or across the web, so please use IPTV Smartersubs carefully and be mindful of your account settings. IPTV Smartersubs has no responsibility for your choices to post material on the Products and Services.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Products and Services. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
INFRINGEMENT AND REPORTING USER CONTENT
IPTV Smartersubs respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please contact IPTV Smartersubs and notify us through our legal partner, Prodigy Legal LLP, at firstname.lastname@example.org . IPTV Smartersubs may in its sole discretion remove such Content from the Products and Services, or take other steps that IPTV Smartersubs deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to IPTV Smartersubs with a request to restore the removed content, which IPTV Smartersubs may or may not honour, in IPTV Smartersubs’s sole discretion.
SERVICE LIMITATIONS AND MODIFICATIONS
IPTV Smartersubs will make reasonable efforts to keep the IPTV Smartersubs Products and Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. IPTV Smartersubs reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the IPTV Smartersubs Products or Services, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the IPTV Smartersubs Products and Services or any function or feature thereof.
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using form available on the Contact Us page on our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
IPTV Smartersubs’ Products or Services may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from IPTV Smartersubs under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
TERM AND TERMINATION
The Agreements will continue to apply to you until terminated by either you or IPTV Smartersubs. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. IPTV Smartersubs may terminate the Agreements or suspend your access to the IPTV Smartersubs Products or Services at any time, including in the event of your actual or suspected unauthorized use of the IPTV Smartersubs Products or Services, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or IPTV Smartersubs terminate the Agreements, or if IPTV Smartersubs suspends your access to the IPTV Smartersubs Products and Services, you agree that IPTV Smartersubs shall have no liability or responsibility to you, and IPTV Smartersubs will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your IPTV Smartersubs account, please contact us through the form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.
Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
YOU UNDERSTAND AND AGREE THAT THE IPTV SMARTERSUBS PRODUCTS AND SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. IPTV SMARTERSUBS AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER IPTV SMARTERSUBS NOR ANY OWNER OF CONTENT WARRANTS THAT THE IPTV SMARTERSUBS PRODUCTS AND SERVICES IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, IPTV SMARTERSUBS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE IPTV SMARTERSUBS SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND IPTV SMARTERSUBS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM IPTV SMARTERSUBS SHALL CREATE ANY WARRANTY ON BEHALF OF IPTV SMARTERSUBS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
LIMITATION AND TIME FOR FILING
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE IPTV SMARTERSUBS SERVICE IS TO UNINSTALL ANY IPTV SMARTERSUBS SOFTWARE AND TO STOP USING THE IPTV SMARTERSUBS PRODUCTS AND SERVICES. YOU AGREE THAT IPTV SMARTERSUBS HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE IPTV SMARTERSUBS PRODUCTS OR SERVICES, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO IPTV SMARTERSUBS, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL IPTV SMARTERSUBS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE IPTV SMARTERSUBS PRODUCTS AND SERVICES, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER IPTV SMARTERSUBS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE IPTV SMARTERSUBS PRODUCTS AND SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO IPTV SMARTERSUBS DURING THE PRIOR TWELVE MONTHS IN QUESTION.
YOU AGREE THAT ANY CLAIM AGAINST IPTV SMARTERSUBS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (22.2.1) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIRD PARTY RIGHTS
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and IPTV Smartersubs, and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and IPTV Smartersubs only, not with Apple, and Apple is not responsible for the Products or Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Products and Service. In the event of any failure of the Product or Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Product or Service. Apple is not responsible for addressing any claims by you or any third party relating to the Product or Service or your possession and/or use of the Product or Service, including: (1) product liability claims; (2) any claim that the Product or Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that the Product or Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Product or Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Other than as stated in this section or as explicitly agreed upon in writing between you and IPTV Smartersubs, the Agreements constitute all the terms and conditions agreed upon between you and IPTV Smartersubs and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
SEVERABILITY, WAIVER AND INTERPRETATION
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by IPTV Smartersubs or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive IPTV Smartersubs’ or the applicable third-party beneficiary’s right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
IPTV Smartersubs may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and IPTV Smartersubs may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold IPTV Smartersubs harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the IPTV Smartersubs Products or Services; and (4) your violation of any law or the rights of a third party.
Choice of law, mandatory arbitration, and venue
GOVERNING LAW / JURISDICTION
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Switzerland, without regard to choice or conflicts of law principles. Further, you and IPTV Smartersubs agree to the jurisdiction of Switzerland Courts to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 22.2.1.
This Arbitration Agreement applies to all users.
DISPUTE RESOLUTION AND ARBITRATION
You and IPTV Smartersubs agree that any dispute, claim, or controversy between you and IPTV Smartersubs arising in connection with or relating in any way to these Agreements or to your relationship with IPTV Smartersubs as a user of the Product or Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and IPTV Smartersubs further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
NO CLASS OR REPRESENTATIVE PROCEEDINGS: CLASS ACTION WAIVER
YOU AND IPTV SMARTERSUBS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and IPTV Smartersubs agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or we may start arbitration proceedings. Any arbitration between you and IPTV Smartersubs will take place under the laws of Switzerland, as modified by this Arbitration Agreement. You and IPTV Smartersubs agree that the Switzerland Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above).
Any arbitration hearings will take place in Switzerland.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”).
IPTV Smartersubs’s address for Notice is email@example.com. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or IPTV Smartersubs may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by you or IPTV Smartersubs shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 22.1 shall govern any claim in court arising out of or related to the Agreements.
Thank you for reading our Terms and Conditions. We hope you enjoy IPTV Smartersubs!