1. Introduction
Please read these Terms of Use carefully. This is a binding contract.
You are welcome to use the services operated by Smeetie Team, including the mobile application, or any other products or services offered by Smeetie Team (“Smeetie Services”).Other services offered by Smeetie Team may be subject to separate terms.
In using Smeetie's Services, Users shall comply with any additional guidelines or rules applicable to particular services and features that Smeetie Team may post online from time to time (the “Guidelines”).Smeetie Team may also offer certain paid services that are subject to certain additional terms or conditions associated with such services which have been disclosed to you. All such terms and guidelines are incorporated by reference into these Terms of Use.
By clicking Accept, you agree to all of the different terms in these Terms of Use and Guidelines. If you do not understand any part or all of these Terms of Use, you should seek legal advice before agreeing to these Terms of Use.
You understand and acknowledge that in using the Service, you will be exposed to content from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of such content.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Smeetie's Service, and agree to indemnify and control Smeetie Team, its website operators, its parent companies, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns. harmless to the fullest extent permitted by law for all matters relating to your use of the Service.
2. Use of Smeetie Services by Minors and Blocked Persons
Despite the above provisions, due to the different age requirements in certain countries and regions, we may impose access restrictions in accordance with these requirements.
Smeetie strictly complies with the terms of CSAE. If you are under 18 years old, you are prohibited from using this service.
You confirm that you are not a person prohibited from using this service by local laws or law enforcement agencies (collectively referred to as "sanctions").
You confirm that you are not a convicted sex offender and have not been convicted of any crime involving violence in any applicable jurisdiction. Smeetie does not allow behaviors that endanger the safety of minors, including luring, exploiting, abusing or assaulting; self-harm, suicide or any behavior that may cause harm to yourself or others is prohibited.
You confirm that you will abide by these terms of use as well as all applicable laws and regulations.
If you discover a minor while using Smeetie, please use the reporting function provided by us or give feedback through our customer service email (med.elevage2009@gmail.com). The Smeetie team will immediately and forcibly terminate the minor's use of the Smeetie service upon verification.
3. Paid services
Some of the Smeetie services we provide require payment (“Paid Services”). When you use such Paid Services, you will be required to pay us the associated fees. We will notify you in advance if any of the Smeetie Services you will or may use under these Terms of Use will be Paid Services. Access to Paid Services is conditional upon your confirmation of your agreement to and payment of the fees associated with such Paid Services. For the avoidance of doubt, we are not obliged to provide you with any Paid Services if you have not paid for them.
Paid Services may be purchased by credit card and, where available, by debit card and processed through our third party internet payment service provider. You hereby consent and agree to abide by the customer terms and conditions and privacy policies of such third party internet payment service providers and understand that we do not have any control over such customer terms and conditions and privacy policies. If you do not agree with the third party internet payment service provider's customer terms and conditions or privacy policy, please do not purchase any services. Pay in advance for your purchase. We offer different packages for you to choose from. We reserve the right to change the price of the Services at any time in our sole discretion and without liability to you. If your account is deleted by you or terminated in accordance with these Terms of Use, your account will not be able to utilize any purchased paid services.
Fees paid are non-refundable and there are no refunds or credits for periods of partial use. We reserve the right (but are not obligated) to refund the purchase amount in the event of a technical error in a purchased service, at our sole discretion.
4. Evaluating Smeetie Services, Accounts and Security
If you interact with us or a third party service provider and you provide information, including account or credit card or other payment information, you warrant that all information you provide is accurate, complete and current. In addition, you warrant that you have reviewed or will review all policies and agreements that apply to the use of third party services. If you use the Smeetie Services via mobile data, you understand and acknowledge that your carrier's normal rates and charges, such as excess broadband charges, may apply.
In order to register for an account, you will be asked to provide us with certain information, such as a cell phone number and password. The account is owned by Smeetie Services and you have the right to use the account.Smeetie Team prohibits the giving, borrowing, renting, transferring or selling of accounts. You are responsible for any liability arising from this and Smeetie Team reserves the right to hold the perpetrators of such behavior accountable.
Smeetie may allow you to register and log in to Smeetie through certain third-party services.The collection, use, and disclosure of your information by a third party will be governed by the privacy policy of that third-party service. More information about how we collect, use and disclose your personal information when you link your Smeetie Services account to your account on any third party service can be found in our Privacy Policy.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. You acknowledge that your account is personal to you and agree not to use your username, password or other security information to provide any other person with access to the Service or portions of the Service. You agree to immediately notify us of any unauthorized access or use of your username or password or any other breach of security by contact us at : med.elevage2009@gmail.com. You should take special care when logging into your account on a public or shared computer so that others cannot view or record your password or other personal information. While Smeetie Services will not be liable for losses you suffer as a result of unauthorized use of your account, you may be liable for losses suffered by Smeetie Services or others as a result of unauthorized use of your account.
We have the right to disable any username, password or other identifier you choose or that we provide to you at any time, in our sole discretion, for any reason or no reason at all, including if we believe that you have violated any provision of these Terms of Use.
You acknowledge and agree that we reserve the right to charge fees for literary services in our sole and absolute discretion.
5. Respect for copyright
Smeetie Team respects the intellectual property rights of others and complies with the requirements of relevant applicable laws. If you are a copyright owner or its agent and believe that content posted on the Smeetie Services infringes your copyright, please submit a notice to us at med.elevage2009@gmail.com.
6. Trademarks and licenses
We and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Service, such as those associated with third party content creators, are the trademarks, service marks or logos of their respective owners. You are not granted any rights or licenses to any such trademarks, service marks or logos.
The Website and certain materials available on or through the Literary Services are owned, authored, created, purchased or licensed by us (collectively, our “Works”). ). Our Works may be protected by copyrights, trademarks, patents, trade secrets and/or other laws, and we reserve and retain all rights in and to our Works and the Smeetie Services.
Unless otherwise expressly stated in writting by Smeetie Services, agreeing to these Terms of Use grants you a limited, revocable, non-sub-licensable, non-exclusive license (i.e., a personal, limited right) to access and use Smeetie Services solely for your personal use or for internal business purposes, and you are prohibited from reproducing, displaying, or downloading them without our prior written consent, modify, display, download, copy, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code from or create any derivative work of any work, or directly or indirectly distribute, perform, rewrite, or redistribute any work without our prior written consent.
The foregoing license is conditioned upon your compliance with these Terms of Use. Any license you have been granted in connection with the Service will be automatically revoked and terminated if you violate any provision of these Terms of Use. In order to protect our rights, some of the content available on our Service may be controlled by digital rights management technology, which will limit how you can use that content. You may not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology.
You hereby agree that Smeetie Team and/or its licensees have the right to use your name (including real name (provided by you), stage name, in-app name, nickname), voice, signature, likeness, identity, persona, ID (provided by you), Smeetie Services ID, promotional slogans, or any personal data relat to you ("Image Rights “) for market and commercial purposes in connection with the worldwide promotion of you and/or Smeetie Services (including ancillary products). in all media during your use of the Services. If such assets are created, produced or manufactured during your use of the Smeetie Services, then your foregoing likeness rights rights to such assets shall continue in perpetuity. You agree to waive any right to inspect or approve any material created or used by Smeetie Team.
7. User-generated content
We allow Users to distribute prerecorded audiovisual works, use Smeetie Services such as chat, bulletin boards, forum posts, voice interaction services, and engage in other activities where you can create, publish, transmit, perform or store content, messages, text, sound, images, applications, code or other data or materials on the Smeetie Services ("User Generated Content /UGC").
Unless otherwise agreed in a written agreement between you and Smeetie Team, by publishing, post, displaying, submitting and/or uploading any of its UGC in connection with the Literary Services, you grant Smeetie Team and its sublicensees the right and license to license, free of charge, in perpetuity, irrevocably, non-exclusively, and with full sublicense. to use, reproduce, modify, adapt, publish, translate, edit, dispose of, create derivative works from, distribute, perform, and publicly display (in whole or in part) such UGC, and/or to incorporate such UGC into exist or future works, media, or forms of technology without any geographic or temporal limitations and without any approval and/or compensation.
In the case of User-Generated Content, the rights granted by you terminate once you remove such User-Generated Content from our Services, or generally through the closure of your account, except for (a) our use of it for promotional purposes; and (b) a reasonable period of time as may be necessary to remove it from backup and other systems.
You shall be solely responsible for your UGC and the consequences of posting, uploading, publishing, transmitting or otherwise making available your UGC on the Smeetie Services. You understand and acknowledge that you are responsible for any UGC you submit or contribute, and that you (and not we) are solely responsible for the legality, reliability, accuracy and appropriateness of such UGC. We are not responsible, and shall not be liable to any third party, for the content or accuracy of any UGC provided by you or any other user of the Literary Services. We do not control the UGC you provide or contribute, and we do not make any warranties regarding UGC submitted or contributed by users. Although we sometimes review UGC provided or contributed by users, we are under no obligation to do so. Under no circumstances will we be liable for any claims regarding UGC provided or contributed by Users.
You further agree that the UGC you provide to the Literary Services does not contain third-party copyrighted material, or material subject to other third-party proprietary rights, except to the extent that you have obtained the permission of the rightful owner of such material or unless you have the legal right to make such material available and to grant the Literary Services all of the licenses granted to you in this Agreement.
The Literary Services does not endorse any UGC on it, or any opinions, suggestions, or recommendations expressed therein, by any user or other licensor, and the Literary Services expressly disclaims any and all liability in connection with UGC.
8. Third-party content
In addition to User Generated Content, Smeetie may make other third party content available on the Smeetie Services (collectively, “Third Party Content”). Smeetie Team does not control or endorse any Third Party Content and makes no representations or warranties of any kind regarding Third Party Content, including, without limitation, its accuracy or completeness. Please note that we do not create, update or monitor Third Party Content. Therefore, we are not responsible for any Third Party Content.
It is your responsibility to decide whether you want to access or use third party websites or applications that are linked to the Smeetie Services (“Referenced Sites”).Smeetie Team does not control or endorse any such Referenced Sites or the information, materials, products, or services contained therein or accessible through the Referenced Sites and makes no representations or warranties of any kind with respect to the Referenced Sites. representations or warranties of any kind with respect to the Referenced Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Smeetie Services are solely between you and such advertisers. Access to and use of the Referenced Sites, including the information, materials, products and services on the Referenced Sites, is entirely at your own risk.
9. Idea Submissions
By submitting ideas, suggestions, documents and/or proposals (“Submissions”) to Smeetie Team or Smeetie Services or its employees, you acknowledge and agree that Smeetie Team or Smeetie Services has the right to use or disclose such Submissions in any way for any purpose whatsoever and without without compensation or credit to you.
10. Prohibited Conduct
You agree that you will use the Service only for lawful purposes expressly permitted and contemplated by these Terms of Use. You may not use the Service for any other purpose, including commercial purposes, without our prior written consent.
You agree that you will view the Service and its contents without alteration or modification. You acknowledge and understand that you are prohibited from modifying the Smeetie Service or removing any content from the Smeetie Service.
You agree that you will not use or attempt to use any method, device, software or routine to injure others or to interfere with the operation of the Smeetie Service, or to use and/or monitor any information in or in connection with the Smeetie Service for any unauthorized purpose. Specifically, you agree not to use the Service to:
Violate any law (including, without limitation, laws relating to tort, contract, patent, trademark, trade secret, copyright, defamation, obscenity, pornography, right of publicity or other rights) or encourage or direct others to do so;
post any content that depicts a person under the age of 18 (or depicts a person under the age of 18 in any other place where 18 is not the age of legal majority); and
post any Content that contains falsehoods or misrepresentations that could damage the Service or any third party; and
post any Content that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that could be considered a criminal offense, give rise to civil liability, violate any law, or otherwise be inappropriate;.
Post any content that contains unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized solicitation;
Post any content that contains copyrighted material or material protected by other intellectual property laws that you do not own or for which you have not obtained all necessary written permissions and releases;
Deploy or use programs, software or applications designed to damage, interfere with, or provide unauthorized access to the operation of the Services, networks, servers or other infrastructure;
exceed your authorized access to any part of the Service;.
collect or store personal data about anyone;.
Obtaining or attempting to obtain or otherwise gaining access to any content or information by any means not intentionally provided or made available;.
Exploit errors in design, undocumented features and/or bugs to gain access that would not otherwise be available;.
use any robot, spider or other automatic device, program or means to access the Literature Services for any purpose, including monitoring or copying any material on the Smeetie Services, without our prior written consent.
Use any manual process to monitor or copy any material on the Smeetie Services or for any other unauthorized purpose without our prior written consent.
Introduce or upload any viruses, trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similarly malicious or technologically harmful software, programs or materials, or that may damage the property of others or the operation of the Smeetie Services; or
Remove any copyright or other proprietary notices from the Smeetie Services or any materials contained therein.
11. Content Review and Termination
We have the right to:
Remove any UGC (Original Content) that you provide or contribute to the Literary Services for any reason in our sole discretion;.
Take any action that we, in our sole discretion, deem necessary or appropriate with respect to UGC provided by you, including if we believe that such UGC violates these Terms of Use, infringes on any intellectual property or other right of any person or entity, threatens the personal safety of users of the Smeetie Services or the public, or may create liability for us;.
Take appropriate legal action, including but not limited to referrals to law enforcement, against any illegal or unauthorized use of the Smeetie Services;.
Terminate or suspend your access to all or part of the Smeetie Services for any reason or no reason at all, including, without limitation, for violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any person providing any UGC on or through the Smeetie Services.
In order to maintain our Services to the fullest extent permitted by applicable law and in a manner that we believe is appropriate for our venue, we may (but are not under any obligation to) review, monitor, display, reject, refuse to post, store, maintain, accept, or delete any UGC posted by you, and we may, in our sole discretion, delete, move, reformat, remove, or refuse to post or otherwise use the UGC, without without notice to you or any liability to you or any third party related to our operation of the Smeetie Services in an appropriate manner. Without limitation, we may do so to deal with UGC that we deem offensive, obscene, violent, harassing, threatening, abusive, unlawful or otherwise objectionable or inappropriate, or to enforce the rights of a third party or these Terms of Use or any applicable additional terms.
However, we make no commitment to review UGC before it is uploaded to the Smeetie Services and cannot ensure that objectionable UGC is removed immediately after it is uploaded, and therefore we are not liable for any acts or omissions with respect to any transmissions, communications, or UGC provided by any user or third party.
12. Modifications
Smeetie Team may modify any of these Terms of Use by posting the Terms. Your continued use of the Service after the effective date of the revised Terms of Use (as indicated by the last modification date) will signify your acceptance of the updated Terms.
13. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless your website operator, parent company, respective affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs, or debts, and expenses (including, but not limited to, attorneys' fees) arising out of or related to. , indemnify and hold harmless: (i) your use of and access to the Service; (ii) your violation of any of the terms of these Terms of Use; (iii) your infringement of any third party's rights, including, but not limited to, any copyrights, property, or privacy rights; or (iv) any claim for damages to third parties caused by your UGC. This defense and indemnification obligation will survive these Terms of Use and your use of the Service. You agree that we will have the sole right and obligation to control the legal defense against any such claim, demand or proceeding, including our right to counsel of our choosing and the right to compromise or settle any such claim, demand or proceeding.
14. Disclaimer
Your use of the Smeetie Services is at your sole risk. we provide the Smeetie services on an “as is” and “as available” basis. to the fullest extent permitted by law, the Smeetie service, its website operators, and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind, express or implied, with respect to the Smeetie service and the goods or services purchased and obtained through the Smeetie service, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data resulting from your use of the Service.
We do not warrant or represent that the accuracy or completeness of the content of the Smeetie Service, or the content of any website linked to the Smeetie Service, or that the Smeetie Service will meet your requirements, and are not responsible or liable for any (i) errors, mistakes or inaccuracies in the content, (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Literary Service. (3) any unauthorized access to or use of our secure servers and/or any personal information stored therein, (iv) any bugs, viruses, Trojan horses, or anything like that which may be transmitted through Smeetie or by any third-party service or our Services, and/or (v) any errors or omissions in any UGC or any form of any loss or damage arising from any User Originals. Content posted using, emailed, transmitted, transmitted through Smeetie or provided by the Service or our Service; and (vi) disputes between you and other users of the Service.
15. Limitation of Liability
Notwithstanding anything to the contrary in this Agreement, Smeetie Team's cumulative liability to you for any cause whatsoever, regardless of the form of the action, shall at all times be limited to the fees, if any, paid by you. If any payment is not made, you shall not be entitled to any monetary or equivalent relief.
In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, anticipatory, special or consequential damages (including loss of profits, loss of goodwill, disruption, loss of business information, or any other financial loss) in connection with any claim in an individual or class action or any loss, damages, lawsuit, litigation or other proceeding relating to or arising under the Terms of Use, and we shall not be liable to you. even if we have been advised of the possibility of such damages, whether based on contract, infringement of intellectual property rights, tort, negligence or otherwise.
you expressly acknowledge that the service shall not be liable for the content or defamatory, offensive or unlawful conduct of any third party, and that the risk of the foregoing damages or injury rests solely with you.
the foregoing limitations of liability shall apply to the maximum extent permitted by the laws of the applicable jurisdiction. You agree not to bring any action or proceeding inconsistent with the foregoing limitation of liability.
16. Time Limit for Filing Claims
Notwithstanding any statute or law to the contrary, any cause of action or claim you may have arising out of or relating to these Terms of Service or the Smeetie Services must be commenced within one year after the cause of action arose or such cause of action or claim will be permanently barred.
17. Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of that right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the appropriate party.
If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable, that provision will be limited or deleted from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be transferred or assigned by Smeetie Team without restriction. Any attempted assignment in violation of these Terms of Service is void.
Any terms that by their nature or express terms should survive the termination of these Terms of Service will survive the termination or expiration of these Terms of Service.
The TOS, our Privacy Policy, and any documents expressly incorporated by reference constitute the sole and entire agreement between you and us with respect to the Smeetie Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Smeetie Services.
The headings in these TOS are for convenience only and have no legal or contractual effect.
This TOS is not intended to be or create any agency, partnership, joint venture, employee-employer or franchisee relationship.
We may terminate these Terms of Service at any time, for any reason or no reason at all, and will notify you by notice on the Smeetie Service, by e-mail, or by any other means of communication. Any such termination will not affect our rights, remedies, claims or defenses under this Agreement. Upon termination of the Terms of Use, you will no longer have the right to access your account or your UGC.We are not obligated to assist you in migrating your data or your UGC, and we may not retain any backup copies of your UGC. We will not be irresponsible for the deletion of your UGC. please note that even if your UGC is deleted from our active servers, it may remain in our archives (but we are under no obligation to archive or back up your UGC) and is subject to the license set forth in these Terms of Use.
If you have any feedback, comments or technical support requests regarding the Smeetie Services, please send them to med.elevage2009@gmail.com.