TERMS AND CONDITIONS FOR THE USE OF SMART.REVIEWS SERVICES
These user terms and conditions (hereinafter referred to as the "User Terms") apply to any use of Smart.Review's websites (hereinafter referred to as the "Website"), including - but not limited to – smart.reviews and similar.
These User Terms are deemed to include all other operating rules, policies and guidelines that are referred to herein or that we may otherwise publish on our Website (as such, rules, policies and guidelines may be amended from time to time), including without limitation:
- Our "Guidelines for the Use of Smart.Reviews" (hereinafter referred to as the "User Guidelines"), which are located at the Website
In the event of any conflict between the terms contained herein and those of the User Guidelines, the User Guidelines will govern and control.
By using the Website, you accept to be subject to the User Terms, including the User Guidelines. If you do not accept these User Terms, you are kindly requested not to use the Website any further. The registration as a user requires your express acceptance of these User Terms.
The services on the website
- In order to gain full access to use the Website, you must create a profile and register as a user (hereinafter referred to as "Registered User")
- You must be 18 years of age or older in order to become a Registered User.
- You are only permitted to register one profile per person on the Website. The profile is personal and you must not transfer it to others.
- In order to become a Registered User, you need a password. You choose your own password, which must be used with your email address when logging on to the Website. Alternatively, we send the password to you. The password is personal and you must not transfer it or in other ways make it available to others. It is your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the password is or may have been compromised, you are obligated to inform us hereof. We can and will change the password if there is a risk that the password has been compromised or is used in violation of the User Terms.
- During the registration process, you must choose a username. The username will be shown on the Website whenever you write or comment on reviews or produce user-generated content (see 2.1 below) on the Website. Therefore, you must consider whether you wish to use a username from which you can be identified by others. The username must not (i) be offensive or in other ways insulting, (ii) contain the terms "Guest", "Admin", "*.reviews", "*.com", etc. or (iii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You warrant that your username does not infringe on any rights (including any intellectual property rights) belonging to any third party and/or pertaining to the User Terms. If you have chosen to upload a profile photo, the restrictions and warranties set out in this clause 1.5 apply to your profile photo and you confirm that you have all title and rights to the picture.
- We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of these User Terms or applicable law. When deleting your profile, you will no longer have access to services on the Website which require your registration and/or login as a Registered User. When deleting your profile, we reserve the right to delete the user- generated content (see 2.1) you have made on the Website.
- Furthermore, we reserve the right, at any time and without notice or explanation, to delete your profile and user-generated content (see 2.1). In this case, our disclaimer applies without limitations.
- You are not permitted to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.
User-Generated Content from Registered Users
- To the fullest extent permitted by law, the rights (including all intellectual property rights) in any material, information, notifications, reviews, articles or other types of communication (hereinafter referred to as the "User-Generated Content" or "UGC") created on the Website by Registered Users are licensed to Smart.Reviews for its non-exclusive use. The Registered User is not entitled to royalty payments or any other compensation or fee related to such UGC. We may freely use and transfer the UGC. Our non-exclusive access to freely use the UGC applies irrevocably without any time limitation and without territorial limitations.
- Registered Users are liable for the UGC they publish on the Website.
- Registered Users warrant that all UGC posted on the Website is correct and true (where they state facts) or genuinely held (where they state opinions).
- The rules regarding what Registered Users may write about are regulated in the User Guidelines.
- Registered Users must not publish UGC on the website which
- is of a marketing nature or marketing purposes,
- is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane,
- has sexist, political or racial character,
- violates other people's rights, including any intellectual property rights,
- is offensive or in any way breaches any applicable local, national or international law or regulation,
- violates these User Terms, including the User Guidelines,
- has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes),
- is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
- Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the User Terms. If we receive notice or otherwise become aware that UGC violates current legislation and/or the User Terms, we may delete the UGC without any notice, and we - dependent on the character of the violation - may inform the violated party and/or the authorities of the violation. Our right to delete will not be conditioned on an explanation, although we will strive to inform the Registered User about the deletion and the reason hereof.
- The Registered User hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of the Registered User's UGC.
- The Registered User must indemnify us for any claims which may be made against us as a consequence of the Registered User's violation of the User Terms, User Guidelines or current legislation. The Registered User must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the UGC of the Registered User.
- We may at any time request information about the UGC from the Registered User, including documentation supporting the information included in the UGC. The Registered User must e.g. document that the UGC is based on an actual buying or service experience in an actual customer relation to the company to which the UGC relates.
- The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software, is the property of Smart.Reviews or a third party owner (other than the Registered User) and is protected by English or international legislation, including the Copyright, Designs and Patents Act 1988 with all changes known to be in force, the Trademarks Act 1994 as amended, the UK Marketing and Advertising regulations, etc. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website ("Feedback"), we are free to fully exploit such Feedback.
- Unauthorised copying, distribution, presentation or other use of the Website or part hereof is a violation of the UK and/or other legislations and may thus result in civil and criminal penalties.
- To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations, by submitting the UGC to us.
- Downloading and other digital copying of the content on the Website or parts hereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.
- All company names, trademarks and other business characteristics on the Website are or will be the property of Smart.Reviews or a third party (other than the Registered User) and must only be used for business purposes upon prior approval from us or the third party owner, respectively.
Disclaimer and indemnification
- The Website, content and services offered on the Website are provided 'as is', and we make no warranties with respect to the content or accuracy of the UGC or the Website and shall not be held liable for our own or others' deletion or blockage of the UGC. We may, at any time at our own discretion and without any liability, delete any content on the Website. We expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- We shall not examine or monitor UGC which is published on the Website. Notwithstanding the foregoing, we may at all times investigate and edit (including anonymising) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the UGC's compliance with our User Guidelines.
- We are not liable for the content of UGC. Our non-liability applies to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third party websites in the UGC, including the content of the page to which the UGC links.
- Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Website are only guidelines. We are in no case liable for the content of the Website. The use of Smart.Reviews is in any respect the sole responsibility of the Registered Users. We are not liable for the availability of the Website.
- We are in no case liable for damages for the use of the Website, including (i) loss of profits, contracts, turnover, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these are direct, indirect or consequential) (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential) or (iii) any indirect or consequential loss or damage whatsoever.
- Nothing in the User Terms excludes or limits our liability for death or personal injury arising from negligence, nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Other User Terms
- We may at any time and without notice revise or change these User Terms or, in our own discretion and without notice, close, change or reorganise the Website. As a Registered User you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms will be stated on the Website. The Registered Users agree that the continued use of the Website after any posted modified version of the User Terms is an acceptance of the modified User Terms.
- Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.
Term and termination
- We may terminate your right to access and use the services offered on the Website at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Section 2-8 will survive any termination of the User Terms.
Applicable law and venue
- The User Terms are subject to English law, and, unless otherwise stated, the general rules of Englsih law apply in all relations between us and the Registered Users and the users of the Website. Any disputes must be brought before the court of Smart.Review's English and Welsh jurisdiction unless this violates the mandatory jurisdiction rules.