Effective as of June 10, 2013
SmartBear allows you to view certain video content hosted on SmartBear and made available by third parties ("Pay Content") for a fee by streaming or downloading (as applicable) that content for a specified period and price (the "Service"). The Service includes SmartBear video subscriptions and any other SmartBear service or feature that makes such Pay Content available to you. Your transactions and any other use of the Service and Pay Content are subject to these SmartBear Pay Content Terms of Service ("Pay Content Terms").
1. Your Acceptance
2. Payment, No Refund and Cancellation Policy
Payment: SmartBear accepts payment via the current payment method indicated prior to purchase. You must have a valid accepted form of payment on file in order to purchase to Pay Content (even if temporarily offered for no fee), subscribe to any Pay Content, or participate in free trial offers. You agree to abide by any relevant Terms of Service or other legal agreement, whether with SmartBear or a third party, that governs your use of a given payment processing method. Prices for Pay Content offered through the Service may change at any time, and SmartBear does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Pay Content that you order through the Service. SmartBear will charge the price listed on the Service for ordered Pay Content to your credit card or other allowable form of payment, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that SmartBear (i) will charge the payment method on file on the first day of each billing period for the relevant subscription and (ii) if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, SmartBear reserves the right to immediately revoke your access to the Pay Content until you update your payment method, and additionally, cancel your subscription if you fail to provide a valid payment method in the first 7 days of the billing period.
Refunds: All fees for Pay Content and any other Service offered hereunder are non-refundable.
Subscription Cancellations: If you purchase a subscription to Pay Content that automatically renews, you may cancel the subscription any time before the end of the current billing period with thirty (30) days’ notice and the cancellation will take effect on the next billing period. You will retain access to the Pay Content from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period.
Free Trials: SmartBear may from time to time offer free trials to new Pay Content subscribers. If you purchase a subscription to Pay Content that includes a free trial, you will receive free access to such Pay Content for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period. Once you cancel your trial, you will immediately lose access to any subscription privileges.
To watch any item of Pay Content on the Service, you will need to use a device that meets the system and compatibility requirements for such Service, which may change from time to time.
Subscriptions: When you purchase a subscription to Pay Content through the Service, you will have access to stream any Pay Content currently available within that subscription an unlimited number of times. We and our partners may decide to periodically update the Pay Content made available in the subscription, and some items of Pay Content may either become unavailable or be made available for free when this happens. You may only view Pay Content within a subscription when you are online, with a broadband connection and logged into your account, and will not be able to access the Pay Content offline. Typically, you will only be able to view Pay Content within the territory where you purchased the subscription.
You may watch an ordered item of Pay Content only for personal, non-commercial use. You agree not to display Pay Content in whole or in part for any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement). You are receiving a non-exclusive license to view the Pay Content and all rights, title and interest in the Service and Pay Content not expressly granted to you in these Terms are reserved by SmartBear and its licensors. If SmartBear reasonably determines that you violated any of the terms and conditions of the Pay Content Terms, your rights under this Section 4 will immediately terminate and SmartBear may terminate your access to the Service and/or your account without notice and without refund to you.
When you use the Service, you may not (or attempt to):
use the Pay Content in an illegal manner or for an illegal purpose;
share your account password with someone else to allow them to view an item of Pay Content that such person did not order;
copy, sell, rent, or sublicense the Pay Content to any third party;
circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that SmartBear and its partners use to protect the Pay Content or encourage or help anyone else to do so;
access the Pay Content other than by means authorized by SmartBear; or
remove any proprietary notices or labels on Pay Content.
SmartBear reserves the right to change the availability of Pay Content without notice. In certain rare circumstances, a third party licensor to SmartBear may even force us to make an item of Pay Content unavailable for viewing prior to or even following an order by you during the period you have to view the content due to copyright disputes or other reasons.
We reserve the right to modify, suspend, or discontinue the Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination.
We may also change these Pay Content Terms from time to time so we encourage you to periodically review the most up-to-date version at http://support.smartbear.com/eula/. If the Pay Content Terms change, you will have the opportunity to review the new terms when you next purchase any Pay Content. By completing the purchase, you signify your agreement to the new Pay Content Terms, and further, that they will apply to your use of the Service as a whole (including Pay Content you have purchased in the past) and all subsequent purchases (until the Pay Content Terms change again). If you refuse to accept the updated Pay Content Terms then you may not buy any further Pay Content through the Service and the latest version of the Pay Content Terms that you accepted will continue to apply to your use of previously purchased Pay Content.
7. Other Terms
a. You acknowledge and agree that certain Pay Content available on the Service may be considered offensive to some people and that such content may not be labeled as such and that descriptions of Pay Content are not guaranteed to be accurate. You agree to use the Service at your own risk and, subject to applicable laws, SmartBear will have no liability to you for any content that you find offensive.
b. The Service is being provided by SmartBear Software Inc., reachable via mail at:
SmartBear Software Inc.
Attn: Legal Department
450 Artisan Way
Somerville, MA 02145
Complaints and/or feedback about your Pay Content experience may be sent to the address above.
c. You agree that you are solely responsible for (and that SmartBear has no responsibility to you for) your use of the Service or any Pay Content, any breach of your obligations under the Pay Content Terms, and for the consequences (including loss or damage of any kind which SmartBear may suffer) of any such breach.
d. You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other form of payment acceptable to SmartBear. IN ADDITION, YOU ACKNOWLEDGE THAT YOUR ONLINE ACCEPTANCES CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND SMARTBEAR AND SIGNIFY YOUR INTENT TO BE BOUND TO SUCH ONLINE ACCEPTANCES.
e. SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL SMARTBEAR OR ITS AFFILIATES' AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY SMARTBEAR FROM YOU FOR THE SERVICES.
f. Unless not permitted by applicable law, You acknowledge and agree that that these Pay Content Terms, your transaction for the Pay Content, your relationship with SmartBear under these Pay Content Terms shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A., without respect to its conflict of laws principles, and any claim or dispute that arises in whole or in part from your use of the SmartBear Website, Pay Content and the Service will be decided exclusively by a court of competent jurisdiction located in Suffolk County, Massachusetts, U.S.A.