TERMS OF USE

Definition

These are the official terms of use by Smatterling GmbH (English: Ltd.) (“we”, “the company”, “Smatterling”), Applicable law is the Austrian ABGB.

 

Introduction

Smatterling is an app founded by Smatterling Ltd. (founded in Austria/Linz), which targets to connect and arrange personal dates between users. The company works with reduced user´s information and uncomplicated functions to make a meeting between the users as easy as possible. Moreover, we function as an app which offers dates with an amicable, hobby-orientated and also sexual intention.

Smatterling offers you a big variety of functions:

  • Creating a personal profile (can be connected with Facebook or Twitter)
  • Localize other users on a provided map from Google maps
  • Creating individual private events
  • Rating system to rate other users (no negative rating)
  • GPS-functions

 

Be always aware and careful which information you post, share or send to any other user. Therefor we offer Safety tips (www.smatterling.com /safety) that every user is obliged to read and accept.

 

Acceptance of Terms of Use Agreement

By creating a Smatterling account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and Safety Tips, each of which is incorporated by reference into this Agreement.

We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on Smatterling.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.

 

Eligibility

You must be at least 18 years of age to create an account on Smatterling and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with Smatterling
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
  • you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

 

Your Account

In order to use Smatterling, you may sign in using your Facebook or Twitter login.  If you do so, you authorize us to access and use certain Facebook and Twitter account information, including but not limited to your public Facebook and Twitter profile and information about Facebook friends and Twitter follower you share in common with other Smatterling users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Smatterling, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact contact@smatterling.com.

 

Modifying the Services and Termination

Smatterling is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by using the “delete account” in setting option in the Service. Smatterling may terminate your account at any time without notice if it believes that you have violated this Agreement. After your account is terminated, this Agreement will terminate.

 

Safety; Your Interactions with Other Users

Though Smatterling strives to encourage a respectful user experience through features like nectar which is a rating system after a successful appointment between users, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Smatterlings Safety Tips, located on Smatterling.com, prior to using the Service.

You are solely responsible for your interactions with other users. You understand that Smatterling does not conduct criminal background checks on its users or otherwise inquire into the background of its users. Smatterling makes no representations or warranties as to the conduct of users. Smatterling reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches) at any time using available public records.

 

Rights Smatterling Grants You

Smatterling grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by Smatterling and permitted by this Agreement. Therefore, you agree not to:

  • use the Service or any content contained in the Service for any commercial purposes without our written consent.
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Smatterling´s prior written consent.
  • express or imply that any statements you make are endorsed by Smatterling.
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
  • upload viruses or other malicious code or otherwise compromise the security of the Services.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
  • “frame” or “mirror” any part of the Service without Smatterling´s prior written authorization.
  • use meta tags or code or other devices containing any reference to Smatterling or the Service (or any trademark, trade name, service mark, logo or slogan of Smatterling) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
  • use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
  • use, access, or publish the Smatterling application programming interface without our written consent.
  • probe, scan or test the vulnerability of our Services or any system or network.
  • encourage or promote any activity that violates this Agreement.

 

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

 

Rights you Grant Smatterling

By creating an account, you grant to Smatterling a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook and Twitter, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). We only use and proceed data for our own use in a non-commercial way. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Smatterling users).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook or Twitter account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Smatterling above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
You agree that Smatterling may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:

  • comply with legal process
  • enforce this Agreement
  • respond to claims that any Content violates the rights of third parties
  • respond to your requests for customer service
  • or protect the rights, property or personal safety of the Company or any other person.

 

Community Rules

By using the Services, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.
  • spam, solicit money from or defraud any users.
  • impersonate any person or entity or use any images of another person without his or her permission. (for example as a profil picture)
  • bully, “stalk,” intimidate, harass or defame any person.
  • misuse a user´s offered demonstrated location on the map.
  • misuse the nectar-rating option to boost your nectar level by giving or receiving in an inappropriate relation, by using bots or any other methods to generate nectar.
  • Use and misuse someone´s QR-code to harm other users or the company and its app
  • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
  • post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
  • use another user’s account.
  • create another account if we have already terminated your account, unless you have our permission.

 

Smatterling reserves the right to investigate and/ or terminate your account if you have misused the Service or behaved in a way that Smatterling regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.

 

Other Users’ Content

Although Smatterling reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Smatterling cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via contact@smatterling.com.

 

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, contact contact@smatterling.com:

Users literary property is protected by the Austrian UhrG, as you can use it in every way you wish. In case, of infrigment you have the right on a injunctive relief, which is executed by Smatterling.

Smatterling will terminate the accounts of repeat infringers.

 

Disclaimers

Smatterling provides the service on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Smatterling does not represent or warrant that the service will be

  • uninterrupted, secure or error free
  • any defects or errors in the service will be corrected
  • that any content or information you obtain on or through the services will be accurate.

 

Smatterling takes no responsibility for any content that you or another user or third party posts, sends or receives through the services. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk.

 

Third Party Services

The Service may contain links to other web sites or resources. Smatterling is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Smatterling is not responsible or liable for such third parties’ terms or actions.

 

Limitation of Liability

To the fullest extent permitted by applicable law, Smatterling, its affiliates, employees, licensors or service providers will only be liable for at least grossly negligent indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the services, (ii) the conduct or content of other users or third parties on, through, or following use of the services; or (iii) unauthorized access, use or alteration of your content, even if Smatterling has been advised of the possibility of such damages. In no event will Smatterling´s aggregate liability to you for all claims relating to the service exceed the amount paid, if any, by you to Smattterling for the service while you have an account. Except harms which are related to body damage.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

 

Governing Law

For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the law of Austria, will apply to any disputes arising out of or relating to this Agreement or the Services. For the avoidance of doubt, the choice of Austrian governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

 

Arbitration

The arbitration and court place of venue in case of any disputes arising out of or relating to this Agreement or the Services will be the law of Austria and court in Linz (AUT/Upper Austria)

 

Venue

Users, who may bring claims in their country of residence in accordance with applicable law, all claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Linz (AUT/ Upper Austria) and you and Smatterling consent to personal jurisdiction in those courts.

 

Indemnity by You

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Smatterling, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.

 

Entire Agreement; Other

This Agreement, with the Privacy Policy, the Safety Tips and any terms disclosed contains the entire agreement between you and Smatterling regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Smatterling account is non-transferable and all of your rights to your account and its Content terminate upon your death, as long as Smatterling was informed with an obituary. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Smatterling in any manner.