Terms and conditions
General Terms and Conditions for the use of the Smeet platform, websites, applications, games (hereinafter “services”)
§1. Preliminary notes & preface
These are the General Terms and Conditions (GTC) of sMeet Communications GmbH (hereinafter: „Smeet“). They shall regulate the contractual relationship between Smeet and the natural person (hereinafter: "user") who uses the Smeet services in its entirety or partially incl. all content, websites, functions, applications, games, services and technologies of the Smeet services on internal and / or external websites / platforms (e.g. Facebook).
Smeet shall offer its services for private as well as for commercial purposes. The present GTC solely regulate private usage. Please contact us at partner [at] smeet [dot] com if you are interested in a commercial use of the services.
§2. Validity of the GTC
(1) These present General Terms and Conditions shall apply for the dealings between Smeet and the user. A user’s deviating GTC, which are contradictory to the GTC of Smeet, shall not be regarded.
(2) The GTC shall apply for all services which Smeet offers presently and in the future.
(3) In line with the contractual relationship with Smeet, the GTC shall be valid even if they are not again referred to when making use of any kind of paid services, for example when purchasing virtual currencies (e.g. Smeet Coins) within any of the services, premium offers or similar.
(4) With the use of the services, this also includes the use without prior registration (e.g. as a guest user), the user shall agree to these GTC. Should the user not agree to the GTC, he / she must refrain from using the Smeet services.
§3. Scope of Services
(1) Smeet services comprise different websites, games, applications and / or virtual worlds / rooms, which first and foremost each offer different possibilities / opportunities for the users. On www.smeet.com, for example, users are given the opportunity to move around with the help of a created figure (also called an ‘avatar’) within virtual rooms, to create their own virtual rooms, to contact other users (via chat, messages, telephone, etc.), to create their own contents, etc. Within certain services, users also have the opportunity of registering and searching for other users whose profile information is stored in a database and is made accessible via accordant functions of the Smeet service. Smeet does not guarantee that a successful establishment of contact with other users will take place within the duration of the contract.
(2) Smeet shall strive to ensure the uninterrupted, correct operation of the services. However, Smeet cannot promise the permanent availability of the services.
(3) With the registration for any of the Smeet services, the user shall be obligated to only use the services for private, non-commercial purposes.
(1) The minimum age for use of the Smeet services is 16 years. However, Smeet reserves the right to also postulate differing minimum ages for the use in different countries and / or different services. The user assures Smeet or - if applicable - any alternative platform offering the service that his / her necessary data (in particular: age) is indicated completely and truthfully as well as kept up-to-date.
(2) Underage users are only allowed to use the services and accept these GTC with prior approval of their legal guardian.
(3) Smeet is entitled to check the accuracy of the user’s personal data by means of official documents and, if necessary, to delete the user account in the event of a violation.
(4) All services are liable to these GTCs including the referenced Privacy Statement (see §7.) and Code of Conduct (see §11.). Acceptance of the GTC is effective with the usage of any single service, unless otherwise explicitly stated.
(5) If within any one of the offered services a user accepts a more recent version of the Smeet GTC, he / she automatically accepts these as legally binding and effective for all other, even previously used, Smeet services. Hence, previously accepted versions of the GTC will be replaced with the last accepted version.
(6) Each user shall only be entitled to open one user account per Smeet service. According to this, Smeet shall reserve the right to delete possible double / multiple accounts of a user at any time after having gained knowledge thereof.
§5. Duration of contract, cancellation & termination of contract
(1) The contract shall be deemed concluded with the use of the services. The contract duration shall be indefinite.
(2) A user shall be entitled to cancel his / her registration for the service / to cancel the contract without stating reasons either in writing, via email or via the provided cancellation function of the according service. The contract shall be cancelled with the cancellation of an opened user account (closing of the account) for the specific service. A cancellation only effects the selected service (e.g. per Game, per Application, or per Website), and in case of usage on multiple platforms or websites a cancellation may be needed separately. A single cancellation for multiple services is not possible. Regarding the handling of possibly topped up virtual currencies in the case of cancellation, please see §6. Fees / Prices. The contractual relationship ends with the cancellation. The use of user data and its deletion after the termination of the contractual relationship is consistent with the regulations of the German Data Protection Act, please see sec. 7 and §7.(11) (Privacy Statement).
(3) For the usage of periodical services against payment, the user can cancel at any time up to the end of the current billing cycle. Only in the event that the user cancels on the last day of the billing cycle will the cancellation not become effective until the end of the following billing cycle. Cancellation shall be possible in the product itself or via letter (address: see imprint). Depending on the payment provider being used, a periodical service against payment must also be cancelled directly with this provider as well.
(4) Smeet can cancel with a notice period of 28 days to the end of the month. The right to cancel the contract for cause with immediate effect shall persist. In particular, cause shall exist if the continuance of the contractual relationship is no longer reasonable for Smeet.
(5) False information, which is given intentionally or with fraudulent intent in profiles or other areas of a service, can result in legal ramifications. In such a case, Smeet shall reserve the right to terminate the existing contractual relationship with immediate effect.
(6) If a user has not made use of any services of Smeet for six months, Smeet can delete the user’s account for a specific service as well as the contents he / she uses resp. contents, which are addressed to him/her. In this case, Smeet shall inform the user via email at least 28 days before the impending deletion (provided that an email address is available). The terms stated in §6.(8) regarding possibly existing virtual currencies shall apply respectively.
(7) After the termination of contract, the user account and all of the user’s personal data shall be permanently deleted or anonymised according to the Privacy Statement (see §7).
§6. Fees / Usage fees
(1) In principle, the registration for the use of the services shall be free of charge. Currently, Smeet also does not charge any fees for the use of a number of basic functions (e.g. use of the public chat, creation of a user’s own profile, creation of a user’s own room, etc.).
(2) However, Smeet shall reserve the right to arrange certain functions / activities of a service for payment. Normally the incurred usage fees for this shall be assessed in service-specific virtual currency (e.g. Smeet Coins), which may be offered free or not free of charge.
(3) When using paid services / functions, the user shall accept the payment obligation associated with them by clicking on the confirmation button. The exact fees and terms of these functions / services can be taken from the platform respectively the service in the respective displayed screens / web pages.
(4) With a registration and the specification of information required for the selected payment method as well as the use of a paid service / function, the user shall give Smeet or its vicarious agents the authorisation for the collection of the stipulated amount. The amount due shall be automatically debited via the mobile network bill, telephone bill or by means of another payment method offered within the Smeet service. In return, the user shall receive credit in virtual currency applicable to the specific service. Important: It must be noted that the user does not acquire an actual monetary credit, which can be exchanged again or paid out.
(5) The user shall confirm that he / she will pay careful attention to the details for possible payment processes as the final price can be periodical, for example.
(6) Smeet shall reserve the right to apply different fees for different user groups and different services. Furthermore, Smeet shall reserve the right to offer already existing or modified paid services in the future.
(7) Activities from paid services / functions which are not used cannot, provided that their use is subject to a time limit (e.g. a month), be carried over to a subsequent time period (e.g. the following month). As a basic principle, virtual currencies can only be redeemed in the services of Smeet provided that Smeet does not directly offer the user another alternative.
(8) With the cancellation and / or deletion of the user data, virtual currency deposits, which possibly still exist, shall expire. Virtual currency deposits, which possibly still exist, shall also expire irrevocably in the event of a blocking / deletion due to a misconduct of the user (please also see §11. Code of Conduct below).
(9) Even though the terms “buy”, “sell”, “order”, “acquisition” or the like are used in line with the payment processes, if it is a matter of transactions regarding virtual commodities or virtual currency, Smeet shall not transfer the title of ownership of these but merely a right of use within the particular Service. Further use outside the services of Smeet shall be strictly prohibited and inadmissible without prior written consent.
(10) Smeet explicitly points out to underage users that they should obtain the approval from their parents or legal guardian or of the person, who pays for the paid services, before using the paid services. Should an underage user make use of paid services without such prior approval, Smeet shall be entitled to temporarily or permanently block the user without prior notice as well as to cancel the contract.
§7. Privacy statement
With the acceptance of the indicated privacy statement under §7 privacy statement, the user shall agree to Smeet, as operator of the Smeet platform/the services, processing and using his/her personal data in compliance with the provisions indicated therein as well as subject to the effective legal requirements (in particular the GDPR). The privacy statement shall be an integral part of these GTC.
§8. User’s contents & third party contents
(1) Smeet shall review indications of copyright infringement and shall take appropriate measures. If the user is of the opinion that content on the platform / within a service has been used or duplicated in a manner which represents a copyright infringement and if such an infringement takes place within the Smeet services or, as the case may be, takes place on websites which are linked to Smeet by means of hyperlinks, he / she shall be asked to immediately inform Smeet thereof (email to: support [at] smeet [dot] com). The following information should be provided in this notification:
- the user’s own user name at the particular / affected Smeet service as well as the email address used when registering respectively the unique identifier when using a service via third-party-platform (e.g. Facebook: email, direct link to user profile),
- the nickname / pseudonym of the user who posted the content in question resp. the alleged copyright infringement (preferably with screenshot),
- the content in question including an explanation to which extent this infringes the user’s own or third party copyrights,
- a description, as precise as possible, regarding the location within the Smeet service (e.g. user room, web address or similar) where the content in question can be found.
(2) Smeet shall reserve the right – yet shall not incur any such liability – to inspect any posted content for the compliance with laws and rights and, if necessary, to alter or delete such content.
(3) Within the services, the integration of third party content (e.g. banners, text links, etc.) can take place. Smeet points out that linked content shall not be inspected and that it shall not adopt this content as its own or such content, which can be reached by linking. Smeet shall not assume any guarantees or liability for this content.
(4) Provided that third party services are offered in line with the services, a contract shall be concluded between the user and the third party in the event of their usage. Smeet shall not have any influence on these services or their provision.
§9. Grant of license by the user
On each occasion in which the user uploads or makes his / her data available in the Smeet services or submits comments, suggestions, problem reports, bug reports and conceptual ideas, he / she shall grant Smeet a non-exclusive, free of charge and unlimited license for all rights, to use, process, alter and duplicate the data in an anonymous form according to the Privacy Statement, among other things for advertising and promotional purposes.
§10. Warranty / Liability
(1) Smeet shall not assume any responsibility for the accuracy and the contents of the information in the users’ registration resp. profile data or for other contents generated by users. Smeet shall not assume any liability for the possible misuse of indicated information by other users of its services.
(2) Smeet shall not be liable for economical, physical or immaterial damages, which result from the use of the contacts established with the services of Smeet resp. communication between the users.
(3) Smeet shall not guarantee / assume any warranty of any kind either explicit or inexplicit regarding products, services or activities sold via Smeet unless otherwise required by law.
(4) Smeet shall also not be liable for technically induced delayed transmissions or breakdowns, for example due to technical malfunctions or required maintenance work, which lead to a temporary interruption of the services.
(5) Smeet shall ensure and protect the personal user data by means of technical and organisational precautions, according to the best available technology. However, Smeet shall not be liable in the event of unauthorised obtainment of knowledge of user data by third parties e.g. through illegal / criminal activities. Smeet shall also not be liable for specifications and information which users themselves have made accessible to third parties and which have been misused. Smeet shall also not assume liability for data loss or deletion, which is not in the sphere of Smeet’s influence.
(6) The aforementioned provisions resp. Smeet’s limitation of liability shall not apply in the event of its own gross negligence or intentional breach of duty as well as the gross negligence or intentional breach of duty of its legal representatives or vicarious agents.
§11. Code of Conduct
The binding Code of Conduct specified under §11 code of conduct shall be deemed an integral part of these GTC for the conduct of all users of the Smeet services, for content in profiles and groups, for pictures and links and for the handling of data which is accessible via the service as well as the interaction of the users.
§12. Final clauses
(1) Smeet reserves the right to alter these GTC at any time and without stating reasons. The altered terms shall be sent to the user via email in a timely manner before they come into effect, either by email to the address associated with the account or via a notification within the services. All material changes will come into effect on the date stated in the notification, and all other changes will come into effect on the date of the publication. The use of Smeet services after the new GTC come into effect constitutes an agreement by the user of the changed terms and conditions.
(2) Smeet shall be entitled to assign the range of services to a third party in its entirety or partially, who then offer the users the range of services or parts of it to the users. Insofar as the entire range of services is assigned, the accepting third party enters into the contract which was concluded between the user and Smeet in place of Smeet. In the event of such an assignment of contract, the user shall already be entitled to cancel the contract and therefore prevent the assignment of his / her contractual relationship.
(3) German law shall apply.
(4) The English versions of the GTC, the Code of Conduct, and the Privacy Statement have been translated from the original German versions (see links below) to the best of one’s knowledge. However, the original wording, rights, and obligations of the German versions are legally binding. English GTC correspond to "Allgemeine Geschäftsbedingungen für die Nutzung der Smeet-Plattform, -Webseiten, Applikationen, Spiele / Games", English Code of Conduct corresponds to "Verhaltensrichtlinien der sMeet Communications GmbH"; Privacy Statement corresponds to "Datenschutzerklärung der sMeet Communications GmbH".
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Last update: 09.05.2018