Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") derives from the AVSmartz Principles, and governs our relationship with users and others who interact with AVSmartz. By using or accessing AVSmartz, you agree to this Statement.

1. Privacy

   Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use AVSmartz to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

2. Sharing Your Content and Information

   You own all of the content and information you post on AVSmartz, and you can control how it is shared through your permission settings. In addition:

   1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your permission settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with AVSmartz ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

   2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

   3. We always appreciate your feedback or other suggestions about AVSmartz, but you understand that we may use them without any obligation to compensate you for them; in the same manner that you have no obligation to offer them.

3. Safety

   We do our best to keep AVSmartz safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

   1. You will not send or otherwise post unauthorized commercial communications (such as spam) on AVSmartz.

   2. You will not collect users' content or information, or otherwise access AVSmartz, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

   3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on AVSmartz.

   4. You will not upload viruses or other malicious code.

   5. You will not solicit login information or access an account belonging to someone else.

   6. You will not bully, intimidate, or harass any user.

   7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.

   8. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.

   9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on AVSmartz without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.

   10. You will not use AVSmartz to do anything unlawful, misleading, malicious, or discriminatory.

   11. You will not do anything that could disable, overburden, or impair the proper working of AVSmartz, such as a denial of service attack.

   12. You will not facilitate or encourage any violations of this Statement.

4. Registration, Account Security and Service Eligibility.

You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from AVSmartz; (c) are not a direct competitor of AVSmartz; (d) do not have more than one AVSmartz account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to AVSmartz, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service

AVSmartz users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. 
   

   1. You will not provide any false personal information on AVSmartz, or create an account for anyone other than yourself without permission.

   2. You will not use your personal profile for your own commercial gain (such as selling your services to other users).

   3. You will not use AVSmartz if you are under 18.

   4. You will keep your contact information accurate and up-to-date.

   5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

   6. You will not transfer your account to anyone without first getting our written permission.

   7. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

2. Protecting Other People's Rights

   We respect other people's rights, and expect you to do the same.

   1. You will not post content or take any action on AVSmartz that infringes or violates someone else's rights or otherwise violates the law.

   2. We can remove any content or information you post on AVSmartz if we believe that it violates this Statement.

   3. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our intellectual property infringement page.

   4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

   5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

   6. You will not use our copyrights or trademarks (including AVSmartz, the AVSmartz Logos), or any confusingly similar marks, without our written permission.

   7. If you collect information from users, you will: obtain their consent, make it clear you (and not AVSmartz) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

   8. You will not post anyone's identification documents or sensitive financial information on AVSmartz.

3. Mobile

   1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.

   2. In the event you change or deactivate your mobile telephone number, you will update your account information on AVSmartz within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

4. Payments

   If you make a payment on AVSmartz or use AVSmartz Credits, you agree to our Payment Terms

5. Special Provisions Applicable to Share Links

   If you include our Share Link button on your website, the following additional terms apply to you:

   1. We give you permission to use AVSmartz's Share Link button so that users can post links or content from your website on AVSmartz.

   2. You give us permission to use such links and content on AVSmartz.

   3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on AVSmartz.

6. About Advertisements on AVSmartz

   Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

   1. We do not give your content or information to advertisers without your consent.

   2. You understand that we may not always identify paid services and communications as such.

7. Amendments

   1. We can change this Statement if we provide you notice (by posting the change on the AVSmartz Site Governance Page) and an opportunity to comment. To get notice of any future changes to this Statement, visit our AVSmartz Site Governance Page and become a Subscriber.

   2. We can make changes for legal or administrative reasons upon notice without opportunity to comment.

8. Termination

   If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of AVSmartz to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but some provisions will still apply.

9. Disputes

   1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or AVSmartz exclusively in a state or federal court located in Bexar County. The laws of the State of Texas will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Bexar County, Texas for the purpose of litigating all such claims.

   2. If anyone brings a claim against us related to your actions, content or information on AVSmartz, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

   3. WE TRY TO KEEP AVSMARTZ UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING AVSMARTZ "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT AVSMARTZ WILL BE SAFE OR SECURE. AVSMARTZ IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A TEXAS RESIDENT, YOU WAIVE TEXAS CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR AVSMARTZ, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR AVSMARTZ WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AVSMARTZ' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Special Provisions Applicable to Users Outside the United States

    We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

    1. You consent to having your personal data transferred to and processed in the United States.

    2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on AVSmartz (such as advertising or payments).

11. Definitions

    1. By "AVSmartz" we mean the features and services we make available, including through (a) our website at www.AVSmartz.com and any other AVSmartz branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.

    2. By "us," "we" and "our" we mean AVSmartz.

    3. By "Platform" we mean a set of API's and services that enable applications, or services, including RSS feeds, to retrieve data from AVSmartz or provide data to us.

    4. By "information" we mean facts and other information about you, including actions you take.

    5. By "content" we mean anything you post on AVSmartz that would not be included in the definition of "information."

    6. By "data" we mean content and information that third parties can retrieve from AVSmartz or provide to AVSmartz through the Platform.

    7. By "post" we mean post on AVSmartz or otherwise make available to us (such as by using an application).

    8. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

    9. By "active registered user" we mean a user who has logged into AVSmartz at least once in the previous 30 days.

    10. By "application" we mean any application or website that uses or accesses the Platform, as well as anything else that receives data.

12. Other

    1. This Statement makes up the entire agreement between the parties regarding AVSmartz, and supersedes any prior agreements.

    2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

    3. If we fail to enforce any of this Statement, it will not be considered a waiver.

    4. Any amendment to or waiver of this Statement must be made in writing and signed by us.

    5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

    6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

    7. Nothing in this Statement shall prevent us from complying with the law.

    8. This Statement does not confer any third party beneficiary rights.

You may also want to review the following documents:

• Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information.

• Payment Terms: These additional terms apply to all payments made on or through AVSmartz.

• Advertising Guidelines: These guidelines outline the policies that apply to advertisements placed on AVSmartz.