Code of Conduct of the sMeet Communications GmbH

§11. Code of Conduct

(1) The user shall have sole responsibility for the contents and the information, which he / she makes available with his / her registration as well as when using the Smeet Services. The user shall ensure that the data provided to Smeet is true and personally refers to the user. Furthermore, the user shall ensure that he / she will not use third party data, which was entrusted to him / her in the non-commercial section, for commercial purposes including advertising purposes.

(2) The user shall be obligated to compensate Smeet for any type of action, damages, loses or claims, which could arise through the user’s registration and / or the use of the Services. In particular, the user shall be obligated to indemnify Smeet from any liability and from all obligations, expenses and claims, which result from other users violating these GTC. The indemnification shall also refer to costs, which are required for the defence of such claims.

(3) The user shall be obligated to treat emails and other communications confidentially and only to make them accessible to third parties with the explicit prior consent of the sender. This shall also apply for names, telephone and fax numbers, address information, email addresses and / or URLs.

(4) Moreover, every user shall be obligated not to misuse the Services, in particular:

  • not to circulate defamatory, offensive or otherwise illegal material or such information. This particularly concerns pornographic, racist, inciting, slanderous, obscene or insulting content and content which violates privacy, is harmful to minors or are comparable to the aforementioned;
  • not to harass or threaten other users or to violate the rights (including personal rights) of third parties;
  • not to import any data onto the system, which contains a computer virus (infected software) or software or other material, which is protected by copyright unless the user is the holder of the rights or has the necessary approvals for this;
  • not to import any data into the Services, which violate the intellectual property rights or rights of a third party;
  • not to ask any other users for financial resources or services or to advertise for other Internet offers, which do not work in collaboration with Smeet;
  • not to negatively affect the availability of the Services for other users;
  • not to intercept any emails for other users and also not to attempt to do so;
  • to only send emails to members for the purpose of communication, not for promoting or offering merchandise or services to other users (apart from cases in which this is specifically permitted by Smeet);
  • not to send any chain letters;
  • not to send any communications or emails, which serve a commercial purpose;
  • not to disclose any information in the profile data, in the chat service, in communications or the like regarding addresses, telephone or fax numbers, email addresses, messenger codes / nicknames / identifiers (for example ICQ, MSN, Skype, AIM, Jabber and others);
  • not to communicate his / her access data to third parties;
  • not to register a nickname with ambiguous, offensive or insulting content;
  • to comply with the effective laws on the protection of minors. This includes in particular that each user must be aware of the age of his / her chat / dialogue partner. Particularly in the case of chats / telephone conversations with minors, the content may not be discriminating, morally reprehensible, sexual or glorify violence.

(5) In the event that one of the above mentioned rules of conduct is not adhered to, this can lead to an immediate cancellation of the contract as well as result in legal ramifications for the user. In particular, Smeet shall reserve the right to delete the user’s posted content and to exclude the user from the Services in the event that Smeet is of the opinion that immoral, politically radical or obscene content (photographs, texts, videos, etc.) are to be circulated by means of using the Services or by registering.

(6) In the event that the user infringes these rules and his / her user account has been deleted because of it, the user may not use the applicable Services of Smeet again. A repeated registration at the same Smeet Service is prohibited.

(7) In the event that the user uses third party data, which has been entrusted to him/her, for commercial purposes and / or associates business interests with his/her registration, which verifiably turn out to be damaging to Smeet, Smeet shall reserve the right to claim a general contractual penalty amounting to EUR 5,000 in the event of culpable behaviour on the part of the user provided that the amount of the damage is not verifiably and significantly less. Further claims for damages shall remain unaffected thereof.

(8) Smeet shall always strive to keep the contents free of all illegal or otherwise objectionable data. Should the user notice a violation or be made aware of a violation against these GTC and / or the incorporated code of conduct by a third party, he / she shall immediately inform Smeet thereof (support).

(9) The user may not select or use any user names of another person with the intention of impersonating this person or use a name without approval to which another person has the rights.

(10) The user must inform Smeet about any known or suspected unauthorised use of his / her account or any kind of security breach he / she may suspect including the loss, theft or unauthorised publication of his / her password.

(11) The user shall be fully responsible for his / her actions within the Services. Smeet shall not review the contents before it is posted on Smeet.

(12) Amongst others, Smeet shall make use of honorary chat operators, guides and other helpers, who observe and review the atmosphere and the contents within the Services and who, in the event of violations, are also authorised to take measures (click out of the chat, notification of Smeet, etc.) against users, who do not adhere to these GTC or to the code of conduct.

Last update: 28.02.2012