TERMS & CONDITIONS

SMART DON ENTERTAINMENT.COM

 TERMS OF USE As of November 1, 2013 By visiting this website, you are accepting the practices described in this Terms of Use Agreement and you consent to receiving it via electronic form on this website. This Terms Of Use agreement (Agreement) is made by and between SMART DON ENTERTAINMENT and you the user (you, your or User). By accessing, visiting, browsing, using, or attempting to interact with or use any part of this website, you agree that you have read, understand, and agree to be bound by this agreement. If you do not agree to be bound by this agreement, do not access or use any part of this website. SMART DON ENTERTAINMENT reserves the right, with or without notice, to make changes to this agreement at SMART DON ENTERTAINMENT’s discretion. Continued use of any part of this website constitutes your acceptance of such changes. The most current version of this agreement supersedes all previous versions. We encourage you to check all online policies and similar documents relevant to your situation periodically to keep informed about their status.

1. ACCESS TO THIS SITE. To access this site, site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide will be correct, current, and complete. If SMART DON ENTERTAINMENT believes the information you provide is not correct, current, or complete, SMART DON ENTERTAINMENT has the right to deny access to this site or to any of its resources, and to terminate or suspend your access at any time.

2. APPLICABLE USE OF SITE: You may use this site only for purposes expressly permitted by this site. As a condition of your use of SMART DON ENTERTAINMENT’s site you warrant to SMART DON ENTERTAINMENT that you will not use this site or any purpose that is unlawful or prohibited by these terms, conditions, and notices. PRIVACY. Please see our Privacy Statement disclosures relating to the collection and use of your information. SMART DON ENTERTAINMENT will treat personally identifying information that you submit through this site in accordance with our Privacy Statement. You agree that you have read, understood, and accept the SMART DON ENTERTAINMENT.COM’s privacy statement. NO CO-BRANDING OR FRAMING: You may not use or authorize any party to co-brand, or frame this website without the express prior written consent of an authorized representative of SMART DON ENTERTAINMENT. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or other identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. For purposes of these Terms of Use, “Framing” refers to displaying any page from SMART DON ENTERTAINMENT within a bordered area of another website, regardless of whether the address of the originating SMART DON ENTERTAINMENT webpage is visible. COPYRIGHT. The materials found on this website are protected by Nigerian and other copyright laws. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the Web Site are copyright ©. Permission is granted to view and print materials from the Web Site for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without express prior written consent of an authorized SMART DON ENTERTAINMENT representative, is strictly prohibited COMPANY, PRODUCT, SERVICES, AND DOMAIN NAMES. Do not use or register any SMART DON ENTERTAIMENT trademark, including SMART DON ENTERTAINMENT logos, symbols, icons, or any potentially confusing variation thereof as part of your company name, trade name, product name, service name, or domain name or place your company name, trademarks, service marks, or product names next to (or combine them with) a SMART DON ENTERTAINMENT product name for any purpose unless pursuant to the express prior written consent an authorized representative from SMART DON ENTERTAINMENT. ENDORSEMENT OR SPONSORSHIP. Do not use any SMART DON ENTERTAIMENT trademark in any manner that expresses or implies SMART DON ENTERTAINMENT’s affiliation, sponsorship, endorsement, certification, or approval without the express prior written consent from an authorized SMART DON ENTERTAINMENT representative. Parties that have been properly authorized to do so must display their company name more prominently than any SMART DON ENTERTAINMENT trademark on all materials. MERCHANDISE ITEMS. Do not produce, sell, or give away products or merchandise items such as Magazines, T-shirts, events, etc. barring any SMART DON ENTERTAINMENT trademark, including logos, except pursuant to the express prior written consent from an authorized SMART DON ENTERTAINMENT representative. TRADE DRESS AND ADVERTISING ELEMENTS. Do not imitate SMART DON ENTERTAINMENT LIMITED’s logos, logotypes, or trade dress in any of your materials, including but not limited to advertising, product packaging, Web sites, and promotional materials. SLOGANS AND TAGLINES. Do not use or imitate any SMART DON ENTERTAINMENT tagline including but not limited to, “we are more than just an entertainment company!.”, “We Are More Than Just An Entertainment Company”. NO UNLAWFUL ACCESS. You agree that you will not use this website in any manner that could in any way disable, overburden, damage, or impair this website or otherwise interfere with any other party’s use and enjoyment of the websites. You further agree that you will not obtain or attempt to obtain any materials, content, or information by means not expressly made available or provided for through authorized use of this website. PROPRIETARY INFORMATION: All content found on this site (the content) is considered the copyrighted and trademarked intellectual property of SMART DON ENTERTAINMENT or of the party that created and/or licensed the content to SMART DON ENTERTAINMENT. No rights or title to any of the works contained on this site shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the content in any way, without the express prior written consent of an authorized SMART DON ENTERTAINMENT representative, except that you may print out and/or save a copy of the consent for personal use. HYPERLINKING: This site may be hyperlinked to and by other websites which are not maintained by, or related to SMART DON ENTERTAINMENT. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this site or SMART DON ENTERTAINMENT. SMART DON ENTERTAINMENT has not reviewed any or all of such sites and is not responsible for the content from any linking sites, and any links made directly from this site to another website should be accessed at the users own risk. SMART DON ENTERTAINMENT makes no representation or warranties about the content, completeness, quality, or accuracy of any such website. UNSOLICITED IDEAS AND MATERIAL SUBMISSION POLICY. SMART DON ENTERTAIMENT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SMART DON ENTERTAINMENT PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SMART DON ENTERTAINMENT. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SMART DON ENTERTAINMENT OR ANYONE AT SMART DON ENTERTAINMENT. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SMART DON ENTERTAINMENT MAKES NO ASSURANCES WHATSOEVER THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. DISCLAIMER & LIMITATIONS ON LIABILITY. YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. SMART DON ENTERTAINMENT DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE WEB SITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SITE, OR ANY SITES LISTED THEREIN, AND SMART DON ENTERTAINMENT WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SMART DON ENTERTAINMENT DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMART DON ENTERTAINMENT CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES ON THIS SITE WHICH HAVE BEEN DESIGNATED AS AUTHORIZED FOR AND AVAILABLE FOR DOWNLOADING FROM THIS SITE WILL BE FREE OF VIRUSES, TROJAN HORSES, OR OTHER CODE THAT MAY CAUSE DAMAGE OR HARM TO YOUR COMPUTER(S) OR NETWORK(S). SMART DON ENTERTAINMENT FURTHER DISCLAIMS ANY RESPONSIBILITY TO ENSURE THAT THE CONTENT LOCATED ON THIS SITE IS NECESSARIY COMPLETE AND UP-TO-DATE. THE USER ACKOWLEDGES THAT THE CONTENT ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SMART DON ENTERTAINMENT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SMART DON ENTERTAINMENT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. IN NO EVENT WILL SMART DON ENTERTAINMENT OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR ANY INCIDENTAL, DIRECT, CONSEQUENTIAL OR INDIRECT, PUNITIVE, ACTUAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SMART DON ENTERTAIMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SMART DON ENTERTAINMENT AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT

10. INDEMNITY. You agree to indemnify, defend and hold harmless SMART DON ENTERTAINMENT, its subsidiaries, affiliates, licensors, content providers, service providers, directors, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Web Site and any violation of this agreement as expressly authorized. You agree that SMART DON ENTERTAINMENT and the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys fees of the indemnified Parties in connection herewith. You will also indemnify and hold the indemnified parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. PASSWORDS & SECURITY. Any passwords used for this site that may be provided to authorized users are for individual use only. In said event, you will be responsible for the security of your password(s) and SMART DON ENTERTAINMENT may require that you change your password. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SMART DON ENTERTAINMENT reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. SMART DON ENTERTAINMENT reserves the right to investigate suspected violations of these Terms of Use. SMART DON ENTERTAINMENT reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SMART DON ENTERTAIMENT to disclose the identity of anyone making available any materials that believed to violate these Terms of Use. PERSONAL ENRICHMENT CLASSES. User expressly and explicitly understands and agrees that both online and offline classes that may be offered from time to time from SMART DON ENTERTAINMENT are for personal enrichment use only and are non credit bearing. MISCELLANEOUS. You agree that these Terms of Use will be governed and interpreted exclusively pursuant to the laws of Nigeria. You specifically consent to personal jurisdiction in South African state in connection with any dispute between you and SMART DON ENTERTAINMENT arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and Court System, Nigeria. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SMART DON ENTERTAINMENT as a result of this agreement or use of this website.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and SMART DON ENTERTAINMENT with respect to SMART DON ENTERTAINMENT’s website. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. CANCELLATIONS, REFUNDS, AND RESCHEDULING. All refund requests must be made in writing (email acceptable and preferred) and actually received by SMART DON ENTERTAINMENT to be given any effect. All refunds are subject to a #20,000- processing fee, and all refunds can take up to thirty (30) days to process. Product Refunds – Only if manufacturer fault is found and supplier is unable to supply a replacement unit otherwise no refunds will be given for products bought at SMART DON ENTERTAINMENT. Studio Bookings – No Refunds for Studio time will be given unless SMART DON ENTERTAINMENT is unable to adhere to Session. Requests made 7 days prior to the first class: 75% refund Requests made 6 days prior to first class – before the 2nd class: 50% refund Any and all refund requests made after the 2nd class for a particular course or program are non refundable. Under these circumstances, SMART DON ENTERTAINMENT will make good faith efforts to provide a one-time rollover for your enrollment into a subsequent date that your course may be offered, but SMART DON ENTERTAINMENT makes no representation whatsoever that any course will be offered at any particular time again in the future. Any and all cancellation requests must be made in writing and received by SMART DON ENTERTAIMENT in a timely manner via the following email address: ([email protected]) or via our business address at SMART DON BUSTOP, NEW AIRPORT ROAD, OFF OBIRI-IKWERRE FLYOVER (BROWN COLOURED 2 S-STOREY BUILDING) BEFORE RUMUAGHOLU ROAD, PORT HARCOURT, RIVERS STATE, NIGERIA. SMART DON ENTERTAIMENT LIMITED PRIVACY POLICY As of November 1, 2013 By visiting this website, you are accepting the practices described in this privacy notice and you consent to receiving it via electronic form via publication on the world wide web. SMART DON ENTERTAINMENT values all of our customers and understands that you care about the privacy and security of your personal information. Protecting the privacy and security of your personal information is a priority at SMART DON ENTERTAINMENT, and we do our best to ensure that your personal information is always handled in a safe and responsible manner in accordance with the following Privacy Policy which explains how we collect, use and disclose personal information we collect online from visitors to our Site. This Privacy Statement does not apply to information collected other than through the Site, such as via mail, telephone, in person, or otherwise. By doing business with or interacting with SMART DON ENTERTAINMENT in the manner described in this Privacy Policy at any time on or after the Effective Date, you are accepting the practices described in this Privacy Policy and you expressly consent to the application of this Privacy Policy to the collection, storage, use and disclosure of all your personal information as described. If you do not agree to be bound by this agreement, do not access or use any part of this website. SMART DON ENTERTAINMENT reserves the right, with or without notice, to make changes to this agreement at SMART DON ENTERTAINMENT discretion. Continued use of any part of this website constitutes your acceptance of such changes. The most current version of this agreement supercedes all previous versions. We encourage you to check all online policies and similar documents relevant to your situation periodically to keep informed about their status. However, a maximum of 3-month grace period could be given to clients with special cases (i.e if not within the country after payment or hospitlaized), after which the client woud forfiet any initial payment. 

1. INFORMATION COLLECTED. We may collect and use the following types of personal information. Information regarding your use of this Site; orders you place; registration information; and any other information you provide to us via the Site. You do not need to register or provide us with any personal information in order to visit and view the Site. However, if you wish to receive newsletters, make a purchase, enter any contest, or participate in certain other Site activities, you may be asked to register and/or submit certain personally identifiable information. Such information may include your name, e-mail address, street or postal address, telephone number, password, and credit card billing or other payment information.

2. LOG DATA. When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, and any links on which you click. We use Log Data to monitor the use of the Site and for the Site’s technical administration, such as to optimize use with your particular browser software. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Site’s terms of use, conditions, and privacy policy.

3. COOKIES. Like many other websites, we may also use “cookies” to collect additional website usage data to improve the Site and its functionality. A cookie is a small data file that we transfer to your computer’s hard disk. Cookies help us to: (1) speed navigation, keep track of items you are purchasing, and provide you with content that is tailored to you; (2) remember information you gave us so that you don’t have to reenter it; (3) determine the effectiveness of some of our marketing efforts and communications; and (4) monitor the total number of visitors, pages viewed, and the total number of banners displayed. You can stop accepting cookies by setting your Internet browser accordingly, but this will likely result in our not recognizing you or your preferences on future visits to the Site.

4. USE OF INFORMATION. We may use your personal information for a variety of purposes related to the Site, such as to administer the Site, personalize the Site for you, process any purchases and payments and fulfill any orders, and process any contest entry or promotional and marketing campaigns you may make through the Site. We may also use your personal information to contact you in the future regarding the Site, including through marketing communications, and regarding any other of our or of our business partners’ contests, products and services that we think may interest you. If you contact us by e-mail or regular mail, we may keep a record of your contact information and correspondence, and may use your e-mail or street address and any information that you provide to us in your message in order to respond to you. We may also use information collected to evaluate and improve the Site and the user experience or our other products and services.

5. SERVICE PROVIDERS. We may engage certain trusted third parties to perform functions and provide services to us, such as hosting and maintenance, database storage and management, advertising sales, e-mail marketing, e-commerce functions and credit card/payment processing. We will share your personally identifiable information with these third parties to the extent necessary for them to perform these functions and subject to their agreement to maintain the privacy and security of your data.

6. COMPLIANCE WITH LAWS AND LAW ENFORCEMENT. Our policy is to cooperate with government and law enforcement officials and, in certain circumstances, private parties to enforce and comply with the law. We may disclose your personal information to government or law enforcement officials or private parties to the extent we determine, in our sole discretion, is necessary or appropriate in connection with any actual or prospective legal proceedings (including subpoenas) or to establish, enforce or defend our legal rights and interests or the safety of the public or any person, to prevent or stop any illegal, unethical, or legally questionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.

7. CHANGING OR DELETING INFORMATION. You may at any time request to see and update or correct the information you have provided to us by e-mailing us at [email protected]  

8. SECURITY. Safeguarding the confidentiality and use of your personally identifiable information is very important to us. We employ reasonable administrative and technical measures designed to protect your information from loss, misuse, alteration or unauthorized access.

9. THIRD PARTIES AND LINKS TO OTHER WEBSITES. Our Site may contain advertisements and links to other web sites. This is not an endorsement, authorization or representation of any affiliation with those advertisers or the operators of those web sites. We do not exercise control over third party web sites. They may place their own cookies or other files on your computer, and collect or solicit both personally identifiable and non-personally identifiable information from you. Other web sites have their own privacy policies and practices and we encourage you to carefully read the privacy policies or statements of the other web sites and services you visit.

10. OUR POLICY TOWARDS CHILDREN. SMART DON ENTERTAINMENT does not sell services for purchases by children. We may offer services and classes tailored for children, however said services and/or classes are to be purchased by adults. If you are under 18 years of age, you must have the involvement and consent of a parent or guardian. If we become aware that a child under 13 has provided us with personal identifiable Information, we will delete it from our files. If any parent or guardian becomes aware that their child under the age of 13 has provided us with personally identifiable information without their consent (or that we have otherwise collected or obtained such information), please contact us at [email protected] 

11. AMENDMENTS. We reserve the right to modify this Privacy Statement from time to time, and we will notify you of any material changes by posting the new Privacy Statement here and changing the effective date above. We may also send our registered users an e-mail advising that changes have been made. Each version will apply to information collected while it was in place. Therefore, we encourage you to check this page periodically for any changes.

12. CHANGE IN OWNERSHIP. In the event we change ownership or merge with another entity, we reserve the right to transfer or sell all user and customer information, including names and email and postal addresses, to a separate entity.

13. INTERNATIONAL AND OUT OF STATE USE. If you choose to access our Site from outside Nigeria, your connection will be through and to servers located in Nigeria. We collect, store and process the information we collect in the South Africa in accordance with this Privacy Statement. By visiting the Site and providing information to us, you consent to our collection in, transfer to (if applicable), and use and processing of such information in Nigeria. and, if applicable, to the cross-border transfers and export of your personal information to Nigeria. and its storage, use and disclosure as provided in this Privacy Statement. We make no representations that this Privacy Statement is in compliance with the privacy or data protection laws or regulations of any country from which you access or use our Site. By using our Site, you consent to our collection, use, and disclosure of your personal information consistent with the terms of this Privacy Statement, including transfer of your personal information to any location at which our servers and/or databases may be currently located or relocated to. Those who choose to access our Site from locations outside the United States are responsible for compliance with all local laws.

14. MISCELLANEOUS. You agree that this Privacy Policy will be governed and interpreted exclusively pursuant to the laws of NIGERIA. You specifically consent to personal jurisdiction in NIGERIA in connection with any dispute between you and SMART DON ENTERTAINMENT arising out of this Privacy Policy or pertaining to the subject matter hereof. The parties to this Privacy Policy each agree that the exclusive venue for any dispute between the parties arising out of this Privacy Policy will be in the state and High Court of NIGERIA. If any part of this Privacy Policy is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SMART DON ENTERTAINMENT as a result of this agreement or use of this website. This Privacy Policy constitutes the entire agreement among the parties relating to this subject matter and supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and V with respect to SMART DON ENTERTAINMENT’s website. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.