Selecciona un país: esta elección determinará de que país recibirás el contenido.
Selecciona un idioma: esta elección cambiará solo el idioma del menu, pero no el contenido del país seleccionado.

General Terms and Conditions for the use of the sMeet website and web applications

These are the general terms and conditions of sMeet Communications GmbH. This states the contractual relationship between sMeet Communications Ltd and the natural and legal parties that use the offered sMeet services (as stated below in the "User" section). The T&C provides the correct use of all websites and web applications of sMeet Communications Ltd and the uses of sMeet services through partner websites. Our partner websites, as shown below, will entirely present the internet offers that allow access to sMeet services.

With the use of sMeet services, is the addition use without hitherto registration (i.e as a guest user), which is declared here by the general terms and conditions. If you do not agree to these terms and conditions we would ask you to abandon the registration to our services.

sMeet reserves the right to amend these terms and conditions at our sole discretion at any time or without further notice. The amended conditions will be sent to the user per email, two weeks before coming into effect. If the user does not disagree to these amendments within two weeks of receiving the email, the amended terms and conditions will be counted as accepted. In this email sMeet will alert the user of the specification of the amended terms and separately inform of the two weeks notice to respond.

§ 1 Validity

(1) For the communication between sMeet and its users, the following general terms and conditions apply. Users who do not agree to abide by these terms of use will not be taken into account.

(2) In line with the contractual relationship with sMeet, the general terms and conditions are valid, even though the advantages of valuable services (of any kind)will not once more be implied, for example by the acquisition of conversational credit used for the establishing or transmission of contacts.

§ 2 Duration of contract and terms for the conclusion of contract

(1) To access certain sMeet platforms/websites, users must of age which is variably defined by the type of room. On the other hand, the user must truthfully ensure sMeet of their age

(2) sMeet is authorized to verify the accuracy of the user's particulars by confirmation of his/her identity papers and if applicable, to delete the user account without further notice.

(3) The uses of all services are implicitly closed and valid for an unlimited amount of time, as per stated in the contract

§ 3 Description of the services and scope of services

(1) sMeet controls a portal on the internet, where users can network a group of social contacts, business related etc. to get to know one-another. A user has the opportunity to log in and once inside of the portal, to look for other users, whose profile details are archived in a data bank and which are accessible through the sMeet website.

(2) sMeet cannot guarantee that a successful contact transmission will take place during the duration of contract

(3) sMeet offers its services for private as well as commercial purposes. The commercial use of sMeet services is subject to separate terms for commercial users and suppliers. The following T&C solely covers for private use.

By not registering to the commercial area, the user only commits themself to the sMeet services for private and non-commercial purposes.

§ 4 Billing

(1) sMeet reserves the right to configure the use of certain services in return for payment. When demanding the use of costly services, the user accepts that he is obliged to pay by clicking on the confirmation field. The exact fee and conditions of these services are respectively extracted from the price lists.

(2) sMeet reserves the right to use a variety of profit models for different user groups and various services.

(3) Credit which comes from services at a fee, which are not taken seriously can be subject inasmuch to a time restricted (eg a month) period, and won't be brought forward to a consequential period. Credit can in principle only be used in sMeet services , inasmuch sMeet Communications Ltd, and the user will be not directly offered another alternative.

(4) The user must eventually use a credit which can unfortunately not be exchanged. With the cancellation and deleting of user data, it is irrevocably forfeited.

§ 5 Payment terms

(1) If applicable, arising fees are discharged in advance without every deduction from sMeet. The amount will be automatically debited through the telephone bill, per automatic debit or through a similar method of payment.

(2) By registering, the chosen method of payment which obliges the entry of necessary information like the use of financial services is given by consent of the user, giving sMeet the authority for the collection of declared amounts.

§ 6 Use of Data and Protection

(1) By registering, the user avows to supply sMeet with their personal information abiding by the rules as stated below.

(2) sMeet collects personal information of the user in different ways and in various places on the website and web applications, including the partner sites. This information appears with the declaration of the user like for example when using our offered services. The user therefore agrees that sMeet will save their personal details in electronic form.

(3) sMeet collects, uses and analyses information to allow for a fully functional platform and to offer a comprehensive service to our users.

(4) With the consent of the user sMeet reserves the particular right to give their pseudonym to other users and to allow a personal exchange of messages between the users. The pseudonym does not disclose the identity (name, address, telephone number or email address) of the user.

(5) In exceptional areas of services, sMeet reserves the right with the absolute accord of the user to pass on the real identity (name, address, telephone number, E-mail address) to other individual users.

(6) sMeet is entitled to supply the collected data to mobile network operators, credit card companies, bank institutions or any other payment providers named by the user, as long as this is necessary for the billing of non-gratuitous services.

(7) This website uses Google Analytics, a web analysis service, a part of Google Inc. ("Google") Google Analytics uses so-called "Cookies", text data, that will be saved on your computer and which allows an analysis of your uses of the website. The "cookie-fabricated" information allowed through your access onto the sMeet website (inclusive of IP address) will be saved on a server which Google forwards and saves in the USA. Google will use this information to evaluate your use of the website, to compile reports of the website activities for the website operator and to create further uses for the website and internet of linked services. If need be, Google will also forward this information to third parties, as long as it is within lawful regulations or furthermore, this information is handled between any third parties and Google. Google will in no case link your IP address with other data. You can disable the saving of cookies by changing the appropriate setting on your browser software; we would like to advise you that you will not be granted extensive use of the complete functions of the website. By using this website, you give your consent to process your collected data, composed through Google in the formerly described fashion for the formerly described purposes.

§ 7 DEREGISTRATION; CANCELLATION AND TERMINATION OF CONTRACT

(1) A member can deregister at any time per email or letter without given reason. By deregistering, the members profile and saved data information will be discarded. The contractual relationship ends with the termination of contract.

(2) By the utilization of a non-gratuitous service, the user can cancel at the end of any ongoing billing period. Only in the case that the user cancels on the last day of a billing period, will the cancellation only be successful at the end of the following billing period.

(3) In the profile or other areas of the portal, deliberate or deceitful entry of data could entail in civil- and criminal proceedings. Furthermore sMeet reserves the right in such cases to dissolve the standing contractual relationship with immediate effect.

(4) After the termination of the contract, all of the user's data will be deleted by sMeet.

§ 8 LIABILITY

(1) sMeet is not liable for the correctness and description of the content by registration, such as the user's profile data or other user generated content. sMeet is not liable for the eventual misuse of information.

(2) sMeet dismisses any social, physical or immaterial damages that were instigated through the use of this service, resulting in the addition of a contact or exchange of information between users.

(3) sMeet constantly strives to secure an orderly operation of the service. sMeet guarantees neither the unbroken usability, like the liability for access to the service for technically limited delay in transfer, nor failures. For example, through technical interruptions or additional necessary maintenance jobs, transient interruption of the service can occur.

(4) sMeet is not liable for the trespassing of personal user information entered on the profile through third parties (e.g. an unforeseen access to the databank from hackers). sMeet cannot be made liable for this, as mishandled data or information was entered by the user, giving access to third parties.

(5) sMeet reserves the right (and assumes no obligation whatsoever) to check and when necessary to change or delete the content of texts, such as uploaded photos or graphics within restrictions of law.

§ 9 RESPONSIBILITY AND DUTIES OF THE USER

(1) The user is solely responsible for the content of his registration and therefore the information supplied by their self. The user ensures the trustworthiness of their user-specific and personal data entered on sMeet. The following ensures that the user's entrusted data will not be passed on to third parties for commercial purposes including advertising purposes.

(2) The user commits to sustain from harming sMeet in every possible form such as legal action, damage, loss or demand, which could occur from the registration or participation of the user within the sMeet service. You particularly agree to dismiss sMeet from any liability, responsibility, expenditure and claims, which are damaging because of insult, slander, and infringement of personal rights because of a breakdown of provision of services for other users, because of the damage of immaterial goods or other devoted rights. The indemnification relates to the essential costs for the blocking of such claims.

(3) The user consents to keep emails and other messages confidential and, with formerly expressed assent, to give access to the third-party senders. This also applies to names, telephone and fax numbers, postal and email addresses and/or URLs.

(4) Furthermore the users consents to not misuse the service in the following ways:

  • To propagate no defamatory, offensive or any kind of unlawful material of such. In particular this concerns material such as pornography, racism, inciting hatred, slander, obscenity, insults, privacy-trespass, and unsuitable content for under aged users or any of such.
  • Not to use sMeet to torment or threaten other users or the right (or personal right) to be hurtful to third parties.
  • Not to bring any information into the system which may contain computer viruses or infected software or other material which is copyrighted, unless the user has the rights or required approval for this purpose.
  • To bring in no data which could, in any way, damage the intellectual property rights or those of a third party.
  • Using the sMeet platform to solicit others for funds, services or publicity for parties which have not agreed to cooperate with sMeet.
  • Not to use sMeet in a way which negatively influences the availability of offers for other users.
  • Not to intercept emails for other users and not to deliberately attempt to do so.
  • To send emails to members for the sole purpose of communicating and not to promote or offer goods or services to other members (except in the case where this has been clearly stated and permitted by sMeet).
  • Not to send any chain-mail
  • To send no messages or emails for commercial purposes.
  • Not to explicitly name any one's personal information including: Full name, postal or email address, telephone or fax numbers.
  • Access information is not to be forwarded on to third parties.

(5) The disregard of these stated rules of conduct can lead to an immediate cancellation of the contract and consequentially could lead to civil or criminal prosecution for the user. sMeet reserves the right to shut any user out of the service who in sMeet's opinion has spread politically radical, obscene content or photos, by using the service or registration.

(6) In the case when a user makes use of the trusted information of third parties for commercial purposes or uses his registration for business interests, he will be obliged to pay a fine of up to 5000.00 EURO for every detected, culpable violation. Advanced claims for damages hereby remain untouched.

§ 10 INCLUSION OF THIRD PARTIES

sMeet reserves the right to charge third parties for the supply of parts of the entire sMeet service of business activities.

§ 11 SEVERABILITY CLAUSE

Should a condition of the contract or the general terms and conditions be ineffective or if the contract should be incomplete, then the remaining clauses of the contract or the general business conditions will count as untouched. The ineffective condition is to come as close as possible and count as a replacement of such a condition which carries the sense and purpose of ineffective conditions in a legally effective manner. The same applies to any possible lacunae.

§ 12 Jurisdiction and applicable rights

As far as legally allowed, the court of jurisdiction is in Berlin. This applies to the laws of the Federal Republic of Germany.

§13 Further Conditions

(1) sMeet can provide links to other sites, which we believe could be of interest and relevant to our users (Link-Sites). sMeet is not responsible for the content of the Link-Sites and for the relevance of the information available and the intellectual copyright declaration. Some of these Link-Sites offer you the possibility to purchase products. We neither approve of the products, nor state the possible warranties in relation to these products.

(2) Please act in a responsible way when you participate in a community function such as use of blogs, messages, groups, and events and also when you chat, take part in audio and video calls, data transfer and so forth.

(3) sMeet is constantly determined to treat the content of illegal or other unsavory data with the upmost severity. We urge any user to immediately get in touch with sMeet with information, should the user be subject to a violation through a third party or an action in violation of any of the terms and conditions. (E-mail: support@smeet.de)

(4) Irrespective of the previous condition's regulated rules or obligations, every time you download or provide data with comments, proposals, problem reports, bug reports and concept ideas, you grant sMeet a non-exclusive, unlimited, free of fee license to all rights of use such as to edit, modify and duplicate this data, as well as for purposes such as promotion and billing.

(5) You are prohibited to use or choose a user name which is being used by another user, or to act as this person or to use their name to which they have the rights without approval.

(6) You must inform sMeet of any conscious or reckoned unauthorized use of your account or any unauthorized breach of security, as a result of loss, theft or unauthorized announcement of your password.

(7) sMeet will investigate indications of copyright infringement and will take the appropriate measures. Please let sMeet know with immediate notice. If you believe that your work has been used or copied and which are hyperlinked to this site.

According to title 17 of the USC (US- Federal Collection of Statutes), clause 512(c) (3), a complaint due to copyright infringement must be filed in written form from the described and designated representative to see the following substantial implications:

  • a physical or electronic signature in the name of the owner, who is legally liable to handle the supposed copyright infringement.
  • A factual description of the products, infringing upon the protected copyright, which were damaged and an indicator showing (damaged product) which materials in the product supposedly infringed against protected copyright (damaging product) and should be deleted or be put out of reach.
  • A description of where the alleged damaging materiel appears on the website.
  • Sufficient information allowing sMeet to contact you. Eg. Your postal address, Telephone number(s) and email address;
  • A statement from your side stating to the best of you knowledge that which was stated in you notification identified and rejected material not because of the holder of the copyrighted good or whose name it is to be handled in.

In order to notify us of any respective copyright infringement please send an email to the following address: support@smeet.de or write to the address stated below.

(8) The user is obliged to keep the provider from any demand or damage from any special damage from third parties which due to acts of the users originate from the platform (i.e. by uploading data concerning the copyright).

sMeet Communications GmbH
Gipsstraße 5
10119 Berlin
Deutschland

Internet: www.sMeet.de