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SmartCentral Terms of Use / Privacy Policy
ENG 14-1
SmartCentral Terms of Use
The following SmartCentral Terms of Use, as well as the SmartCentral Privacy Policy available at
https://www.sharpusa.com/SmartCentral/privacypolicy.aspx (collectively, the “Terms and
Conditions”) govern Your use of SmartCentral. By using SmartCentral, You agree to be bound by
these SmartCentral Terms and Conditions and acknowledge that you have read and understand
the SmartCentral Privacy Policy.
1.
Definitions
“SmartCentral” is an Internet-based service provided by Sharp Electronics Corporation (“Sharp”)
which is accessible only via your AQUOS television. SmartCentral consists of information services
and other content, including underlying operating systems or platforms (collectively, “Connected
Services”) which may be provided by Sharp, affiliates of Sharp, including but not limited to its
parent corporation or subsidiaries (“Affiliates”), and other third parties (“Third Party Content
Providers”). “You”, “Your”, and “Yourself” shall be synonymous for purposes of these Terms and
Conditions and shall mean each person who uses SmartCentral".
2.
Use of SmartCentral
By using SmartCentral, You hereby accept these Terms and Conditions as currently constituted
and as may be updated from time to time. Sharp shall have the right at any time and in its sole
discretion to change or modify the terms and conditions applicable to the use of SmartCentral, or
any part thereof, or to impose new conditions, including, but not limited to, adding fees and
charges for the use of SmartCentral or any Connected Services provided therein. Such alterations,
edits, supplements or amendments shall be effective immediately upon notice thereof, which may
be given by posting on SmartCentral. Any use of SmartCentral by You after such notice shall
constitute acceptance of any such alterations, edits, supplements or amendments. Please
therefore regularly visit these Terms and Conditions so that You are aware of any such additional
or revised terms or conditions to which You are bound. If any changes made to these Terms and
Conditions are unacceptable to You, You must immediately terminate use of SmartCentral by
pressing the “Exit” button. Please note that You may also be required to accept other terms and
conditions that govern use of particular services or Connected Services available on your AQUOS
television and prior to Your access to or use of such services, including end user license
agreements from Third Party Content Providers.
3.
Entire Agreement
These Terms and Conditions constitute the entire agreement between You and Sharp concerning
the use of SmartCentral and supersede any and all statements or other agreements, whether oral
or written, between You and Sharp. These Terms and Conditions may not be altered, edited,
supplemented or amended in any manner by You and any such attempted alteration, edit,
supplement or amendment shall be null and void, unless first agreed to by an authorized
representative of Sharp in writing.
4.
Representations and Warranties
You represent and warrant that You (a) are at least 18 years old; (b) have the right, authority and
capacity to bind yourself to these Terms and Conditions; (c) have read the SmartCentral Privacy
Policy; and (d) have read and agree to these Terms and Conditions.
5.
Personal/Non-Commercial Use
Unless otherwise specified, SmartCentral is for personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer or sell any Connected Services made available through your AQUOS
television.
6.
Privacy and Protection of Personal Information
At Sharp, we make every effort to maximize and maintain the privacy and security of users. The
SmartCentral Privacy Policy is incorporated by reference into these Terms of Use and applies to
information submitted or collected via SmartCentral. To view the SmartCentral Privacy Policy,
which may be revised by us from time to time, please visit
https://www.sharpusa.com/SmartCentral/privacypolicy.aspx.
7.
Modifications to SmartCentral and/or Resources
Sharp, in its sole discretion, shall control the appearance, development and operation of
SmartCentral. Sharp reserves the right, for any reason and in its sole discretion and without notice,
to modify, terminate, change, suspend or discontinue any and all aspects of SmartCentral,
including, without limitation, available Connected Services, the method of delivery, features, and/or
hours of availability. Sharp shall not be liable to You or any third party for such modification,
termination, change, suspension or discontinuation, if any.
8.
Fees and Equipment
The SmartCentral platform is provided to You at no additional charge. Sharp reserves the right to
change prices or institute new charges at any time and in its sole discretion for the use of
SmartCentral and/or any Connected Services provided therein. Further, You shall be responsible
for obtaining or maintaining all television, Internet hardware, Internet connectivity and other
equipment or services needed for access to and use of SmartCentral and all charges related
thereto.
9.
Availability of SmartCentral
You may not be able to access SmartCentral or the Connected Services for a variety of reasons,
including, but not limited to, power failure, other Internet connection failure, or failure to configure
Your television properly. Sharp, its directors, officers, employees, agents, contractors and Affiliates
shall not be liable to You or any third party with respect to such failures or maintenance outages,
regardless of cause or whether it could have been avoided.
10.
Accounts, Passwords and Security
Certain features or services offered on or through SmartCentral may require opening an account,
which may include, without limitation, setting up an ID, user name and/or password. You are solely
and entirely responsible for maintaining the confidentiality of Your account information, including
Your password, and for the activity of users utilizing Your account, ID, user name and/or
password, whether or not You specifically authorized such transactions. You agree to notify Sharp
immediately of any unauthorized use of Your account, ID, user name and/or password, or any
other breach of security. You may not use anyone else’s account, user name, ID and/or password
without the express permission and consent of the holder of that account, ID, user name and/or
password. Sharp cannot and will not be liable for any loss or damage arising from the failure to
comply with these obligations.