Please take the time to read this entire agreement (“Agreement”) governing your responsibilities (hereinafter, “you”, “your” or “user”) and use of the SmartVideoChannel site (“Site”). Failure to adhere to your responsibilities under this Agreement will result in termination of your SmartVideoChannel account and/or may expose you to liability. SmartVideoChannel is trademark owned by SociallyBlog, Inc., a California corporation (collectively with Site, “SmartVideoChannel”, “us” or “we”).

To receive a video portal from SmartVideoChannel you must agree to and abide by the following terms and conditions of service (the “TOS”). Unless specifically noted, the following statements apply to all SmartVideoChannel partners and affiliates who receive free or commission based SmartVideoChannel Service.

1. Acceptance of terms
SmartVideoChannel provides its service to you, subject to the following TOS. Your use of the Site constitutes your acceptance to these TOS. SmartVideoChannel reserves the right, in its sole and absolute discretion, to change, modify, add, or remove portion of this TOS at any time. Any such changes will be reflected on the Site and your continued use of the Site will constitute your acceptance of these TOS or any revised TOS. SmartVideoChannel may also offer other third party services that are governed by different terms of service. You should at all times be aware of and read any other such terms of service. SmartVideoChannel hereby specifically disclaims responsibility for your failure to read any third party terms of service.

2. Qualifications for Service
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SmartVideoChannel has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SmartVideoChannel has the right to suspend or terminate your account, remove your videos and refuse any and all current or future use of the Site (or any portion thereof).

3. Description of Service
SmartVideoChannel is a service that allows users to create and customize their own video-based social networking channels (“Channel”). Users can also seamlessly integrate their Channel with any of their current websites. SmartVideoChannel brings you video uploading featuring automatic encoding, highly optimized delivery of content, customizable user profiles and channels and other related interactive social networking features. SmartVideoChannel strictly manages and maintains the software and infrastructure of each Channel for your use.

4. Advertisements
You agree that in order to provide you this service SmartVideoChannel can place advertisements into any interface provided for by the SmartVideoChannel software. Such advertisements are under SmartVideoChannel’s sole and absolute control and may not, under any circumstances, be removed.

5. Ownership of Content / Limited License to SmartVideoChannel
All content uploaded to SmartVideoChannel servers is the property of the creator of that content. This means that you can upload onto the Site any content owned by you, content which is in the public domain or content for which you have received express written permission to upload from the owner. You assume all risk and responsibility for determining whether content is in the public domain. You hereby grant SmartVideoChannel a non-exclusive, perpetual, worldwide license to encode and distribute your content over the Site and to use such content for advertisement purposes as SmartVideoChannel sees fit, in any medium, in its sole and absolute discretion, without any compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

6. Limitation of Liabilty
You agree to manage, maintain and display content on the system in a legal manner. You further agree that SmartVideoChannel is not liable for the content uploaded and distributed by you. SmartVideoChannel hereby disclaims any liability from, including but not limited to, content posted by you that violates these TOS, violates federal or state law, copyright law, trademark law, patent or trade secret law, state privacy law or content that is otherwise libelous or defamatory. SmartVideoChannel is in no way responsible for the use you make of the SmartVideoChannel feature which allows you to host videos on your own site through SmartVideoChannel.

7. Cancellation Policy
You are free to cancel your SmartVideoChannel account at any time. Cancellation requests must be sent via email from the contact address for the account to Cancellation@SmartVideoChannel.com.

8. Termination of Service / Removal Policy
We reserve the right to temporarily deactivate or permanently remove any SmartVideoChannel + account at any time, in our sole and absolute discretion, for any reason, including, but without limitation, the following: lack of use, use inconsistent with these TOS, illegal use, and network or server abuse.

9. Disclaimer of Warranties
SmartVideoChannel attempts to ensure that service and the Site are available at all times. However, service is provided "as-is" and “as available” Neither SmartVideoChannel nor any provider of third party content, nor any of their respective agents (i) warrants that the service will be uninterrupted or error free; (ii) makes any warranty as to the results to be obtained from the use of our services or the Site, (iii) makes any warranties of any kind, either express or implied, including but without limitation, warranties of title, any implied warranties of merchantability or fitness for a particular purpose or for any indirect special or consequential damages associated with SmartVideoChannel service or Site, or (iv) warrants that any files available for downloading through the Site will be free of viruses or similar contamination or destructive features. Furthermore, SmartVideoChannel makes no guarantee nor claims responsibility for the timeliness, deletion, mis-delivery or failure to deliver any user communications or site content. You expressly agree that the entire risk as to the quality and performance of the Site is on you, the user.

10. SmartVideoChannel Notice Display Policy / Third Party Advertisements
The ’Powered by SmartVideoChannel’ messages at the bottom of every SmartVideoChannel page and/or any third party advertisers banners and/or links are must remain intact and visible on each page in which it appears; it is mandatory that they remain intact and visible. Failure to comply with this provision will also constitute grounds for account deactivation.

11. Server Downtime Policy
While SmartVideoChannel attempts to maintain it server up 100% of the time, we reserve the right to schedule routine maintenance on our servers. Maintenance may affect the availability of service for short periods of time. We disclaim liability for server downtime as set forth above.

12. Advertisements on SmartVideoChannel
You understand that in order to provide the video hosting service, SmartVideoChannel has the right to allow advertisers to cover the costs of this service and as such has the choice of advertisers and the content of their message is at the discretion of SmartVideoChannel. Additionally SmartVideoChannel reserves the right to deliver communications, service announcements and self advertising in order to continue to provide a quality service to you.

13. SmartVideoChannel Interface and Functionality
SmartVideoChannel strives to create a reliable, powerful and easy to use interface. As such SmartVideoChannel reserves the right to make changes to the interface, functionality and capabilities of the system in order to optimize the service, increase functionality or insure server performance. SmartVideoChannel will endeavor to notify users in a timely manner of any planned interface changes, or future functionality of the site that in development, but is under no obligation to do so. Some changes may be made without your consent or notification.

14. User Account, Password and Security
You will receive a password and account designation upon completing the Sites's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SmartVideoChannel of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access. SmartVideoChannel cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

15. Privacy
Information that you provide at registration, as well as certain other information about you, is subject to the SmartVideoChannel Privacy Policy, available here.

16. SmartVideoChannel Intellectual Property
SociallyBlog, SmartVideoChannel and SmartVideoChannel.com are the intellectual property of SociallyBlog, Inc. All rights are reserved.

17. Indemnification
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SMARTVIDEOCHANNEL.COM, SOCIALLYBLOG, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST SMARTVIDEOCHANNEL.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.

18. Governing Law / Miscellaneous
This TOS shall be construed in accordance with the laws of the State of California, and you will agree to submit to jurisdiction to any action to enforce the terms herein in the federal or state courts of Los Angeles County, California. The rights and obligations herein may not be assigned or delegated. If any inconsistency exists between the terms of this TOS and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, otherwise, this TOS shall control.

19. Entire Agreement.
The TOS constitutes the entire and only Agreement between you and SmartVideoChannel with respect to use of the Site, and supersedes any prior agreements, oral or written, between you and SmartVideoChannel. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on SmartVideoChannel.

You also may be subject to additional terms and conditions that may apply when you use affiliate or other SmartVideoChannel services, third-party content or third-party software.

20. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.

21. Statute of Limitiations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22. Section Titles
The section titles in the TOS are for convenience only and have no legal or contractual effect.

23. Violations
Please report any violations of this TOS to SociallyBlog, Inc. at the following address:
840 Apollo Street Suite 251
El Segundo, CA 90245