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Terms and Conditions - IPTV Smarters Pro

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TERMS AND CONDITIONS


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FEATURES

HOW IT WORKS
IMPORTANT NOTICE:-
IPTV Smarters Pro is designed to be used
SCREENSHOTS
with users’ own created content or
BLOG playlists with legal content.
created
IPTV Smarters Pro does not endorse the
CONTACT US
streaming of copyright protected material
without permission
MY SMARTERS of the copyright
ACCOUNT
holder. We Expeditiously Act on Any
Copyright Complaint And May Suspend Or
Terminate Your Account.
IPTV Smarters Pro Application only
displays the content added by the User
and plays the User Content in the player.
IPTV Smarters Pro does not provide any
content or playlists. IPTV Smarters Pro can
play extensions such as 3g2, 3gp, 3gp2,
3gpp, amv, asf, avi, divx, drc, dv, f4v, Kv,
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.
IPTV Smarters Pro (hereinafter also
termed as “Smarters”) allows the users to
load content (local data) from their device
or play the playlist available at Xtream
Codes API. In addition to this, the users
can also load single streams from the
URLs they enter in the play a single stream
option. IPTV Smarters Pro Application
means the mobile application available on
the Apple Store, Google Play Store and on
the web page of the IPTV Smarters Pro.

INTRODUCTION
Thanks for choosing IPTV Smarters Pro
(“IPTV Smarters”, “Smarters” “we,” “us,”
“our”). IPTV Smarters provides an
advanced IPTV player mobile application
for the Android and iOS platforms for
playing your own content i.e. photos,
videos and streams.
By signing up or otherwise using the IPTV
Smarters Pro mobile application, websites
and user interfaces, (collectively, “IPTV
Smarters Pro Application) that is made
available through our Website, Play Store,
App Store or otherwise available to you,
you understand and agree you have
entered into a binding contract with IPTV
Smarters Pro.
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, privacy policy, copyright
infringement complaint process,
disclaimers on the mobile applications,
limitations of liability, privacy, waiver of
class actions, and resolution of disputes
by arbitration instead of in court(s).
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
must not access and/or use IPTV Smarters
Pro.
In order to use the IPTV Smarters Pro 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 or governing laws. You also
promise that any registration information
that you submit to IPTV Smarters Pro is
true, accurate, and complete, and you
would notify IPTV Smarters Pro in case of
a change in any information so provided.

CHANGES TO THE AGREEMENTS


Occasionally we may make changes to the
Agreements. When we make material
changes to the Agreements, we may
provide you with notice as appropriate
under the circumstances, e.g., by
displaying a prominent notice within the
Application or by sending you an email. In
some cases, we will notify you in advance,
and your continued use of the IPTV
Smarters Pro 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 our
Application under the new version of the
Agreements, you may terminate your
account by contacting us.

IPTV SMARTERS PRO MOBILE


APPLICATION
BASIC VERSION
IPTV Smarters Pro is 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.
Technical issues could occur in technology
products and we may interrupt the access
to IPTV Smarters Pro for any maintenance
or improvements to the player. You may
be notiYed of such upgrades or
maintenance by IPTV Smarters Pro.
PREMIUM VERSION
You may purchase our Premium version
of IPTV Smarters Pro by paying a fee in
advance on a monthly basis or some other
recurring interval basis disclosed to you
prior to your purchase/subscription of
Premium version of IPTV Smarters Pro. We
may change the price for the Premium
version 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 Smarters Pro after the price
change takes e[ect. 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 e[ect.
By purchasing or subscribing to the
premium version of the IPTV Smarters
Pro, you will be having the privilege to
unlock, access and use following features
in addition to the features included in the
Basic Version:

1. Master Search

2. Ability to add External EPG Sources

3. Picture-In-Picute Feature

4. Parental Control

5. Chrome Casting feature

6. External Player adding feature

7. and other features included in the Basic


Version.

RENEWAL; CANCELLATION OF
PREMIUM VERSION
You hereby understand and agree that
your subscription and payment to IPTV
Smarters Pro for the Premium Version will
automatically renew at the end of the
applicable subscription period, unless you
cancel your subscription before the end of
the then-current subscription period by
going to the account section within in the
mobile application and cancelling the
subscription to the Premium version. The
cancellation will take e[ect the day after
the last day of the current subscription
period. In consonance with industry
standards, we do not provide refunds or
credits for any partial subscription
periods.
INTELLECTUAL PROPERTY RIGHTS
The IPTV Smarters Pro is the property of
WHMCS Smarters. 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 use the IPTV Smarters Pro
to play your own content (collectively,
“Access”). This Access shall remain in
e[ect until and unless terminated by you
or IPTV Smarters Pro. We may terminate
your Access on grounds of any complaint
alleging your infringement of intellectual
property rights of others.
All IPTV Smarters Pro’s trademarks, trade
names, logos, domain names, and any
other features of the IPTV Smarters Pro
brand (“IPTV Smarters Brand Features”)
are the sole property of IPTV Smarters Pro
or its licensors.
4.1 COPYRIGHT AND INTELLECTUAL
PROPERTY RIGHTS

1. The User acknowledges and agrees that


IPTV Smarters Pro is the sole owner of
all copyrights and intellectual property
rights regarding IPTV Smarters Pro
worldwide, regardless of whether or not
said copyrights and intellectual
property rights are registered in any
given region.

2. All copyrights and intellectual property


rights regarding the content created by
IPTV Smarters Pro in relation to the
mobile application are the property of
IPTV Smarters Pro.

3. Any copyrights and intellectual property


rights for content related to Services
that are not created by IPTV Smarters
Pro and/or are o[ered/provided by
other companies or parties are the
property of their respective owners.

4. The User guarantees that he or she has


the requisite copyrights or permission
to the content they wish to play using
the IPTV Smarters Pro mobile
application.

5. The User agrees not to modify, rent,


lend, sell, or otherwise alter or
distribute any content, nor create any
derivative works based on said content,
unless they have been explicitly
authorized in writing by the respective
copyright owner to do so.

6. The User acknowledges that he or she


is solely responsible for protecting and
enforcing his or her copyrights for
content displayed or viewed through
the use of Application, and agrees that
IPTV Smarters Pro has no obligation or
responsibility to protect these rights on
behalf of the User.

7. You agree to abide by these Terms,


Privacy Policy and Copyright
Infringement Redressal Policy and not
to use the IPTV Smarters Pro, 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.

8. IPTV Smarters Pro shall not be liable for


your usage of the player that results
into violation of copyrights of any
person, company or any entity for
merely providing transmission, routing,
or providing connections for, content
that you seek to play through the
Application. IPTV Smarters Pro does not
seek for you to initiate any stream,
access any content etc. It is in your sole
discretion that you choose the player to
access, load, stream content that you
decide to so do.

9. Except for the rights expressly granted


to you in the Agreements, IPTV
Smarters Pro grants no right, title, or
interest to you in the IPTV Smarters Pro
mobile application.

USER-GENERATED CONTENT
You are solely responsible for all the
Content that you play or stream or access.
IPTV Smarters Pro is not responsible for
Content you access nor does it endorse
any opinion contained in any Content.
YOU AGREE THAT IF ANYONE BRINGS A
CLAIM AGAINST IPTV SMARTERS PRO OR
ITS AFFILIATES, RELATED TO USER
CONTENT THAT YOU ACCESS, THEN, YOU
ARE ONLY SOLELY RESPONSIBLE FOR THE
CONTENT YOU ACCESS AND NOT IPTV
SMARTERS PRO AND TO THE EXTENT
PERMISSIBLE UNDER LOCAL LAW, YOU
WILL INDEMNIFY AND HOLD IPTV
SMARTERS PRO HARMLESS FROM AND
AGAINST ALL DAMAGES, LOSSES, AND
EXPENSES OF ANY KIND (INCLUDING
ATTORNEY FEES AND COSTS) ARISING OUT
OF SUCH CLAIM.
RIGHTS YOU GRANT US

1. In consideration for the rights granted


to you under the Agreements, you grant
us the right to allow the IPTV Smarters
Pro to use the processor, bandwidth,
and storage hardware on your Device in
order to facilitate the operation of the
Application,

2. .If you provide feedback, ideas or


suggestions to IPTV Smarters Pro in
connection with the IPTV Smarters
Application (“Feedback”), you
acknowledge that the Feedback is not
conYdential and you authorize IPTV
Smarters Pro to use that Feedback
without restriction and without
payment to you. Feedback is considered
a type of User Content.

3. Aside from the rights speciYcally


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 identiYed as the author of any User
Content, including Feedback, and your
right to object to derogatory treatment
of such User Content.

USER GUIDELINES
IPTV Smarters Pro 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:

1. Using the Application for doing anything


that is illegal or which may be deemed
illegal in the territory where you are
using our Application.

2. Using the Application 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 Smarters Pro, any person or any
entity.

3. Transferring copies of cached third-


party Content from an authorized
Device to any other Device via any
means;

4. Reverse-engineering, decompiling,
disassembling, modifying, or creating
derivative works of the IPTV Smarters
Pro Application or any part thereof
except to the extent permitted by
applicable law;

5. Circumventing any technology used by


IPTV Smarters Pro, its licensors, or any
third party to protect the Application;

6. Selling, renting, sublicensing or leasing


of any part of the IPTV Smarters Pro
Application;

7. Circumventing any territorial


restrictions applied by IPTV Smarters
Pro or its licensors;

8. Removing or altering any copyright,


trademark, or other intellectual
property notices contained on the
Application or provided through the
Application (including for the purpose
of disguising or changing any
indications of the ownership or source
of any Content);

9. Providing your password to any other


person or using any other person’s
username and password;

10. “Crawling” the IPTV Smarters Pro


Application or otherwise using any
automated means (including bots,
scrapers, and spiders) to view, access or
collect information from IPTV Smarters
Pro or the IPTV Smarters Pro
Application

11. Selling a user account or otherwise


accepting or o[ering to accept any
compensation, Ynancial or otherwise, to
inKuence the name of an account or the
content included on an account or
playlist; or

12. ArtiYcially promoting Content by


automated means or otherwise.

Please respect IPTV Smarters Pro, the


owners of the Content, and other users of
the IPTV Smarters Pro Application. Don’t
engage in any activity, post any User
Content, or register and/or use a
username, which is or includes material
that:

is o[ensive, 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 Smarters Pro
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 Application;

is intended to or does harass or bully


other users;

impersonates or misrepresents your


afliation 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 Smarters Pro;

links to, references, or otherwise


promotes commercial products or
services, except as expressly authorized
by IPTV Smarters Pro;

interferes with or in any way disrupts


the IPTV Smarters Pro Application,
tampers with, breaches, or attempts to
probe, scan, or test for vulnerabilities in
the IPTV Smarters Pro Application, or
any of IPTV Smarters Pro’s security
components, authentication measures
or any other protection measures
applicable to the Application, or any
part thereof; or

conKicts with the Agreements, as


determined by IPTV Smarters Pro.

You acknowledge and agree that


posting any User Content that violates
these User guidelines (or that IPTV
Smarters Pro reasonably believes
violates these User guidelines) may
result in immediate termination or
suspension of your IPTV Smarters Pro
account. You also agree that IPTV
Smarters Pro may reclaim your
username for any reason.

IPTV Smarters Pro has no responsibility


for your choices to view/watch material
on the Application or the content you
watch on the IPTV Smarters Pro
Application.

Your password protects your user


account, and you are solely responsible
for keeping your password conYdential
and secure. You understand that you are
responsible for all use (including any
unauthorized use) of your username and
password on the Application. 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 Smarters Pro respects the rights of
intellectual property owners and acts
expeditiously on any complaints relating
to copyrights violations. In this regard a
speciYc Copyright Infringement Redressal
Policy has been set up which can be
accessed here
(www.iptvsmarters.com/copyright-
complaint). If you believe that any Content
infringes your intellectual property rights
or other rights, please contact IPTV
Smarters Pro and notify us through our
legal partner, Prodigy Legal LLP,
at info@prodigylegal.com . IPTV Smarters
Pro may in its sole discretion suspend the
account of such users from the
Application, or take other steps that IPTV
Smarters Pro deems appropriate, without
prior notiYcation 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-notiYcation to IPTV
Smarters Pro with a request to restore
their disabled account, which IPTV
Smarters Pro may or may not honour, in
IPTV Smarters Pro sole discretion. For
Copyright complaints, please use our
copyright complaint policy at
www.iptvsmarters.com/copyright-
complaint.
IPTV Smarters Pro does not store any
content accessed by the Users or keep
cached Yles, or has any interaction with
the content so posted by the Users.
Therefore, the only remedy in cases of a
copyright violation for IPTV Smarters Pro
is the removal of account that accessed
such copyrighted content or a warning
towards removal of such account
whatever IPTV Smarters Pro deem Yt.
SERVICE LIMITATIONS AND
MODIFICATIONS
IPTV Smarters Pro will make reasonable
e[orts to keep the IPTV Smarters Pro
Application operational. However, certain
technical difculties, maintenance or
testing, or updates required to reKect
changes in relevant laws and regulatory
requirements, may, from time to time,
result in temporary interruptions. IPTV
Smarters Pro reserves the right,
periodically and at any time, to modify or
discontinue, temporarily or permanently,
functions and features of the IPTV
Smarters Pro Application, with advance

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