Last Revised on May 30, 2017
The Terms and Conditions is an electronic agreement between the user ("you", "user") and Smopin Limited, registered at The Black Church, St. Mary’s Place, Dublin, Ireland D07 P4AX (referred hereinafter also as "we", "us", "company" or "Smopin").
When you access Smopin, via the website or mobile applications, regardless if you are a registered user or not, you agree to use and receive our services ("Services"), and you are agreeing to use the Services in accordance with the Terms and Conditions. The updated version of the Terms will be the one applied at any given time, you should regularly check for the most recent version. Should there be any disparity between the English version of the Terms and any other language, the English version will be in effect.
Modification of Service
Smopin reserves the right to revise and change the Terms and Conditions. We may make any modification deemed necessary to this agreement, without prior notice. These changes might be related to new features, additional services, applicable laws or any other type of modification required to provide you a better Service.
Termination of Services
This agreement is binding as long as you use Smopin services, or have an account. You are free to delete your account at any time, which will lead to the cease of using the services. You understand that the company may terminate your account at any time if we suspect that you have breached these Terms, or due to any other reason. If such termination occurs, you shall lose all rights to your Smopin account, as well as any unused credits, in-app purchases, and have no possibility to ask for a refund. The company cannot be required to disclose termination reasons.
You may use the App provided by Smopin only if you are 16 years old or older. By accessing our Services you therefore are accepting these terms guarantee that you have the legal capacity and authority to enter the agreement.
By accessing Smopin or registering an account you understand that it is your sole responsibility to check the legal requirements of your country of residence to make sure that by using Smopin Services you are in compliance with the local laws and regulations.
Prohibition of Commercial Use and Spamming
Smopin has designed its Services for personal use only, a place where users can interact, share their views, meet and chat, etc. Any type of commercial use of our Services or the content included in the Services (such as, but not limited to: design, text, style, graphics, images, any type of code or software) is strictly prohibited. Commercial use includes, but is not limited to: asking other users to buy or sell any service or products that are not offered by the Company, offering any type of services and goods in exchange for money, advertisement for websites, apps or brands, searching for possible employees. You understand that you are not allowed to request users to attend any type of social networking event that is held for commercial purposes. Smopin Services users may not use the information provided via our service to contact other users in attempts to sell, buy, advertise to other users. You may not gather usernames and/or email address of Smopin Users with the purpose of spamming, sending promotional offers, etc. The Company will take legal action in cases of illegal or unauthorized use of the Service.
User Behavior and Interactions
You are the only responsible for your interactions and communication with other users. The Company cannot be held liable for the behavior of any user. The Company is not responsible for any type of damages such as, but not limited to: emotional stress, physical injury, any other type of physical or emotional damage that may occur when you communicate with other users or meet them in person as a result of using the Service. You understand that it is your responsibility to read and follow our Safety Tips, and be careful in all user interaction actions, online and offline, and especially if you decide to meet someone in person after using the Services. You should maintain your account data (email, username and password) and financial information private, and not share it with any third parties, or send money to other users.
You understand that the Company does not check the backgrounds of its users, or attempt to verify the users. The company does not guarantee user compatibility. The Company reserves the right to inquire into a user's background if deemed necessary.
Definition of Content
You are the sole responsible for any content that you post, upload, publish, or send to other users (to be referred as "post" hereinafter) via the service, be it images, text or other type of information including but not limited to text messages, all types of videos and links, photos, regardless if this information (to be referred as "content" hereinafter) is posted publicly or transmitted privately to a user.
By agreeing to use the Service you understand that you are not allowed to post or transmit, to a user or the Company, online or offline, any type of offensive, abusive, harassing, racially or sexually offensive, illegal, or material that infringes another person's rights (including but not limited to intellectual property rights, public and private rights). You acknowledge that the information submitted to your account at registration and during the use of the Services is accurate and correct, and that you will update this information as soon as any part of it becomes incomplete or misleading.
The Company is not required to monitor or review any of the content posted via the Service. The Company may review and delete content without prior notice if the content does not follow this agreement or any other company policy, or is against the views of the Company. Smopin has the right to remove pictures or any other type of content which infringes general guidelines, or which is against the law, such as minors' protection, personal rights protection, copyright and trademarks.
By posting content via the Service, you accept that the Company and any of its current or future affiliates or partners, are granted a transferable worldwide license to use, copy, perform, reproduce, play, record, modify, distribute the Content, include it in other materials, such as advertisement. You acknowledge that any posting, representation or use of your Content by the Company will not violate the rights of any third party.
Restricted Share of Contents
In addition to the types of Content described in Content Description above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:
You are the sole responsible for keeping your Facebook ID, email address and password that you chose during the registration process confidential. You understand that you are the only responsible person for the activity that takes place under your username and password. Do not share your login details with any third parties, including close friends or family members and make sure to log out from your account at the end of the session, especially when you are using a shared device. You understand that you must notify Smopin Support Team immediately at: email@example.com if you suspect unauthorized use of your username and password or any other type of account security issue.
You understand and accept that the Company, its partners, affiliates or any third parties that we might cooperate with in the future are not responsible or liable, directly or indirectly for any type of loss or damage as a result or claimed to be the result of any incorrect or inaccurate content posted via the Service, caused by other users or the technology used to provide the Service, the time frame required, deletion, removal, failure to save, deliver, send or store Content via the Service, communication or customization features and settings, the online or offline behavior of any user, any type of error, delay, defect, omission, deletion, change, theft, destruction of, unauthorized access to, or interruption of any user communication or any user, or any technical problem, failure to connect with telephone networks, lines, Internet providers, servers, computer appliances, software, any technical problems as a result of a slow Internet connection or a combination of the above mentioned possible circumstances, including the injury or harm to users or any other person's computer or other type of device related or as a consequence from using the Service.
Limitation of Liability
The Company does not guarantee that the Service will be provided error free, with no interruptions, secure, or that any error within the Service will be immediately fixed. The Company does not make any guarantee, written, or implied regarding providing the Service, including the Content and security.
You understand that you access the Content via the Service at your own risk and are the sole responsible and therefore waive any claim and action with regard to any damage to your device, computer software, Internet access, deletion, interruption or misconduct that can or may result of your use of the Service. Shall you not accept this Limitation of Liability, you are not allowed to use the Services.
Granting of Rights
Smopin registered users are authorized to use the Service by uploading, saving, distributing and sharing Content with other users, granted that these actions follow the provisions of our Terms and Conditions. Users are therefore warned that any Content may be saved, forwarded or shared with other third parties if it is required so by law or is necessary in the Company's opinion.
You authorize Smopin to use all content uploaded, published or generated via the Service. Smopin, its partners and future affiliates are therefore grant the non-exclusive right, unlimited geographically to use all content, including but not limited to copying, modifying, translating, creating similar content and therefore Smopin is entitled to use the content entirely or to some extent in advertising or publishing purposes. Please note that this does not give the Company ownership rights over the content, or a monitoring/supervising the content right or obligation.