Last updated: 02.11.2018
OVERVIEW
Welcome to smultrondejt.se (hereinafter referred to as the "Website", "Site", "We", "Us", "Our"),
owned and operated by LIBERA GROUP LP. (hereinafter referred to as the "Company"), with its
office located in Scotland . The website is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein (the "Terms").
BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, Users/members
and visitors (hereinafter referred to as "You" or "Your") AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS
TERMS. YOUR USAGE OF THIS WEBSITE SIGNIFIES YOUR ASSENT TO THE FOLLOWING BINDING AGREEMENT.
Our website is an online communication platform which offers recreational flirting and chat
services to its users (collectively, the "Services").
By using the Site, you agree to comply with and be legally bound by the terms and conditions of
these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and
Services and all Collective Content, and constitute a binding legal agreement between you and
us.
Please read carefully these Terms and our Privacy Policy, which may be found included in this
document. If you do not agree to these Terms, you have no right to obtain information from or
otherwise continue using the Site. Failure to use the Site in accordance with these Terms may
subject you to civil and criminal penalties. This website reserves the right to recover the cost
of services, collection charges and lawyers fees from persons using the Site fraudulently. This
website reserves the right to initiate legal proceedings against such persons for fraudulent use
of the Site and any other unlawful acts or acts or omissions in breach of these terms and
conditions.
The use of this Website constitutes your consent to, and agreement to, abide by the most current
version of these terms and conditions (the "Terms"). We may at any time revise these terms and
conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to
review the Terms periodically for changes to the terms and conditions. The most up to date
version of the Terms will always be available for your review under the "Terms of Use" link that
appears at the bottom of the Website.
PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS,
AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND
CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO
BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION
AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS
SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE
USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES
YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND
CONDITIONS CONTAINED HEREIN.
1. DEFINITIONS:
1.1 "Agreement" shall mean the terms and conditions as detailed herein including all Exhibits,
privacy policy, other policies mentioned/published on the website and will include the
references to this agreement as amended, negated, supplemented, varied or replaced from time to
time.
1.2 "smultrondejt.se" shall mean the online communication platform via which Users can flirt and
chat with other Users of the website for their entertainment/amusement and recreational purposes
only. Users of this website shall only be allowed to chat with other users of the website and
not seek in person meetings.
1.3 "User" shall mean an individual who creates an account on our website in order to avail our
services. A user shall also be referred to as member.
1.4 "Visitor" shall mean an individual who just visits our website and is not a user/member of
our website. Visitors shall not be allowed to avail the services offered by our website. ) Det
har ska funderas paa.
1.5 "Account" shall mean the accounts created by the Users on our website in order to use the
Services provided by us and require information such as gender, email address, username,
password and date of birth.
1.6 "Content" shall mean all information, data, images, documents, files, messages, scripts,
applications, electronic media, logos, text, webpage and any other file or data or similar
material to each of the foregoing which is uploaded, posted, published, shared, distributed,
disseminated or incorporated, processed or entered into, onto or via the Services.
1.7 "User content" shall mean all Content that a user submits or transmits to be made available
through our website.
1.8 "smultrondejt.se Content" shall mean all Content that our website makes available through the
site or Services, including any Content licensed from a third party, but excluding user Content.
2. INTERPRETATION:
2.1 The official language of these terms shall be English.
2.2 The headings and sub-headings are merely for convenience purpose and shall not be used for
interpretation.
3. ELIGIBILITY:
3.1 You may use the Service only if you are at least eighteen (18) years of age and can form a
binding contract with us, and only in compliance with this Agreement and all applicable
loca
l, state, national, and international laws, rules and regulations.
3.2 Any use or access to the Service by anyone under 18 is strictly prohibited and in violation
of this Agreement. Our website reserves the right to terminate your membership and refuse to
provide you with access to the website if we discover that you are under the age of 18 years.
The Service is not available to any Users previously removed from the Service by us, unless we
provide such Users with specific written authorization to re-use the Service.
3.3 By becoming a User, you represent and warrant that you are at least 18 years old and that
you have the right, authority and capacity to enter into and abide by the terms and conditions
of this Agreement.
3.4 Unauthorized Users are strictly prohibited from accessing or attempting to access, directly
or indirectly, the website. Any such unauthorized use is strictly forbidden and shall constitute
a violation of applicable state and local laws.
3.5 Our website may, in its sole discretion, refuse to offer access to or use of the website to
any person or entity and change its eligibility criteria at any time. This provision is void
where prohibited by law and the right to access the website is revoked in such
jurisdictions.
4. REGISTRATION:
4.1 It is mandatory for the Users to create an account on our website in order to use our
services. Registering on our website is free.
4.2 In order to create an account with us, you must provide us with certain personal information
such as gender, username, email address, password and date of birth.
4.3 You represent and warrant that all required registration information you submit is truthful
and accurate, and you will maintain the accuracy of such information. You are responsible for
maintaining the confidentiality of your Account login information and are fully responsible for
all activities that occur under your Account. You agree to immediately notify us of any
unauthorized use, or suspected unauthorized use of your Account or any other breach of security.
We cannot and will not be liable for any loss or damage arising from your failure to comply with
the above requirements. You must not share your password or other access credentials with any
other person or entity that is not authorized to access your account. Without limiting the
foregoing, you are solely responsible for any activities or actions that occur under your
website account access credentials. We encourage you to use a "strong" password (a password that
includes a combination of upper and lower case letters, numbers, and symbols) with your account.
We cannot and will not be liable for any loss or damage arising from your failure to comply with
any of the above.
4.4 You agree to provide and maintain accurate, current and complete information about your
Account. Without limiting the foregoing, in the event you change any of your personal
information as mentioned above in this Agreement, you will update your Account information
promptly.
4.5 When creating an Account, don't:
a) Provide any false personal information to us (including without
limitation a false username) or create any Account for anyone other than yourself without such
other person's permission;
b) Use a username that is the name of another person with the
intent to impersonate that person;
c) Use a username that is subject to rights of another person
without appropriate authorization; or
d) Use a username that is offensive, vulgar or obscene or
otherwise in bad taste.
4.6 We reserve the right to suspend or terminate your Account if any information provided during
the registration process or thereafter proves to be inaccurate, false or misleading or to
reclaim any username that you create through the Service that violates our Terms. If you have
reason to believe that your Account is no longer secure, then you must immediately notify us at
support@smultrondejt.se.
4.7 You may not transfer or sell your smultrondejt.se account and User ID to another party.
4.8 Our Services are not available to temporarily or indefinitely suspended Users. Our website
reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our
website reserves the right to refuse service to anyone, for any reason, at any time.
4.9 One individual can own only one account in his/her name.
4.10 You agree to comply with all local laws regarding online conduct and acceptable content.
You are responsible for all applicable taxes. In addition, you must abide by our website's
policies as stated in the Agreement and all other policies listed on the website and all other
operating rules, policies and procedures that may be published from time to time on the website
by Company.
4.11 To use the Website and/or the Services you must not have been convicted of any criminal
offence or be subject to any court order relating to assault, violence, sexual misconduct or
harassment. By using the Website and/or the Services, you represent and warrant that you do not
have a previous or pending criminal conviction relating to any such offence, that you are not
subject to any such court order and that you are not required to register as a sex offender with
any government entity. A breach of this clause constitutes a material breach of the Agreement.
5. SERVICES:
5.1 Our website is a communication platform which offers its services to users for recreational
and entertainment purposes only. We offer like-minded people to chat/interact with each other.
However, we do not guarantee that you will find a date or a chatting partner on our website. You
shall not be allowed to meet in person any user who you have met through our services and your
communications on our website/services are solely for your entertainment. Access to
smultrondejt.se is provided within the existing technical and operational possibilities by the
access authorization (nickname and personal password).
5.2 The retrieval of content from smultrondejt.se is free. Using chat and posting messages is
available with costs to users where chat messages and posting messages are billed for with coins
as in-platform currency.
5.3 smultrondejt.se is entitled to exclude users from the system at any time without giving
reasons; an obligation to refund amounts already paid does not exist.
5.4 The portal will be partially animated by the operator. This means that employees participate
in chat under nicknames.
5.5 The user has to pay any charges incurred by the joint use or unauthorized use of his access
authorization, if and insofar as he is responsible for such use.
5.6 The user is responsible for the content distributed within smultrondejt.se by use of his
access authorization. The user agrees insofar to release Minhemlighet.com from any claims by
third parties.
5.7 Abusive practices within smultrondejt.se are prohibited. Abuse includes, but is not limited
to, when the user procures himself or tries to procure himself an advantage through unfair
behavior of any kind, such as deception of other members.
5.8 smultrondejt.se reserves the right to terminate the user contract without notice in the event
of abusive practices, and to retain the right to keep any paid amounts of the user account. The
user concerned has to reimburse the work involved by smultrondejt.se.
6. USE OF THE WEBSITE:
6.1 Our website grants you a non-transferable, non-exclusive, license to use the Services solely
for your personal, noncommercial use. If at any time our website reasonably believes in its sole
discretion that you are using the Service beyond this scope, we may terminate your access to the
Service with no additional liability to you.
6.2 The rights granted to you in these Terms are subject to the following restrictions: (a) you
shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Services; (b) you shall not modify, make derivative works of,
disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not
access the Services in order to build a similar or competitive service; and (d) except as
expressly stated herein, no part of the Service may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any means.
6.3 Any future release, update, or other addition to functionality of the Site or Services shall
be subject to the terms of this Agreement.
7. BILLING:
7.1 The fee schedule displayed in the program applies. In order to avail our services you shall
be required buy credits from us using your valid debit or credit card. Once we have confirmed
receipt of your payment, we will credit your account with the number of credits purchased. If we
receive payment for an incorrect amount or non-specified currency payments, we reserve the right
to credit your account with a pro-rated number of credits based on the funds received, converted
to the specified currency at a reasonable market exchange rate at the time of processing. You
shall not be allowed to avail our services if you run out of credits. Thus, you shall be
required to purchase the credits again in order to avail our services. All your purchases
(including purchasing credits) hereunder shall be non-refundable.
7.2 The billing of usage-based fees is based on the fees applicable to the type of usage within
the fee schedule chosen by the user.
7.3 The identification of the user for the accounting procedure is made via the billing provider
Ogone GmbH, Technoparkstrasse 1, 8005 Zurich/ Switzerland.
7.4 Our website uses third party payment providers to receive payments from users. We are not
responsible for delays or erroneous transaction execution or cancellation of orders due to
payment issues.
7.5 We take utmost care to work with 3rd party payment providers, but do not control their
systems, processes, technology and work flows, hence cannot be held responsible for any fault at
the end of payment providers.
7.6 Our website reserves the right to refuse to process transactions by users with a prior
history of questionable charges including without limitation breach of any agreements by user
with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any
policy.
7.7 Our website reserves the right to change or replace the payment gateway at its sole
discretion without any reservation whatsoever.
7.8 Our website stores bank information of the users in order to make it easier for them to just
click and pay without entering the details every time they avail our services. All transactions
are completed through secure third party payment gateways and at no point of time we assume any
liability for any loss of data or wrongful payment or invalid payment processing by such a third
party.
7.9 Our website may increase its fees for services from time to time with or without prior
notice, should market trends or the exchange rates change. This price increase will be effective
on the first day of a Renewal Term and if the user does not give a notice of non-renewal, the
user shall be deemed to have accepted the new fee for that Renewal Term and any subsequent
Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
7.10 Our website reserves the right to recover the cost of services, collection charges and
lawyers' fees from persons using the website fraudulently. We reserve the right to initiate
legal proceedings against such persons for fraudulent use of the website and any other unlawful
act or acts or omissions in breach of these terms and conditions.
7.11 We shall be under no liability whatsoever in respect of any loss or damage arising directly
or indirectly out of the decline of authorization for any Transaction, on Account of the
Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from
time to time.
8. USER CONTENT:
8.1 You retain your rights to any Content you publish or post via/on our website. You are solely
responsible for all of your User content and you hereby recognize and affirm that our website is
merely providing you the means to chat with other users. Accordingly, you shall be solely
responsible for each of your User content and the consequences of sharing/posting them via our
website.
8.2 Although our website has no obligation to remove, screen, edit, or monitor any Content, our
website reserves the right, and has absolute discretion, to remove, screen, edit, or disable any
User content at any time and for any reason without notice.
8.3 You are solely responsible for all of Your Content that you upload, post or distribute to,
on or through our website, and to the extent permissible by law, we exclude all liability with
respect to all User Content and the activities of its users with respect thereto. We do not
claim any ownership of or control over any User/Member Content and assume no responsibility or
liability for any Member Content whatsoever. You acknowledge and agree that we will have no
liability for any loss or damage resulting from the publication of any Member Content you decide
to post on or via the Website and/or through the Services. We will not be liable for any use or
misuse of any Member Content by any other Member or third party.
8.4 By posting any User/Member Content on or via the Website and/or through the Services, you
automatically grant us an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable,
worldwide licence to use, copy, modify, display and distribute such Member Content and to
prepare derivative works of, or incorporate into other works, such Member Content for the
purposes of operating and maintaining the Website and/or providing the Services. You hereby
waive any moral rights which you may have in such Member Content In granting the licence
contemplated by this clause, you represent and warrant that:
a) you are the owner of the Member Content that you post on or via
the Website and/or the Services; and
b) the Member Content that you post on or via the Website and/or
the Services does not infringe the Intellectual Property Rights of any third party
8.54 You agree to indemnify and hold us, our directors, officers, shareholders, employees,
contractors, agents, representatives, affiliates, and third party users harmless from and
against any and all claims, causes of action, liabilities, damages, losses, expenses and costs
(including, without limitation, attorneys' fees) that arise directly or indirectly out of or
from: (i) your violation of these Terms, any other agreement or terms of use with us, any
representation or warranty contained herein or therein or any applicable law; (ii) your User
content; (iii) your activities in connection with obtaining any services from us, or (iv) any
activity related to access to or use of your account by you or any other person.
9. PROHIBITED USE/CONTENT:
9.1 You shall not post, host, display, upload, modify, publish, transmit, update or share any
information which:
(a) belongs to another person and to which You do not have any
right;
(b) is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic,
paedophilic, libellous, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent representation of women";
(c) is misleading in any way;
(d) is patently offensive to the online community, such as
sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry,
hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights
[including, but not limited to, intellectual property rights, rights of privacy (including
without limitation unauthorized disclosure of a person's name, email address, physical address
or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's
copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint
about uploaded copyrighted material), such as providing pirated computer programs or links to
them, providing information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden
pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or
otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
(m) contains video, photographs, or images of another person (with
a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of
authorized access to the website or other areas of the website or solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without our
prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or
the buying or selling of "virtual" products;
(p) solicits gambling or engages in any gambling activity which
we, in our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another User's use and enjoyment of the
website and enjoyment of similar services;
(r) refers to any URL that, in Our sole discretion, contains
material that is inappropriate for the website, contains content that would be prohibited or
violates the letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other
proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not
be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of
such messages or communicates any information which is grossly offensive or menacing
innature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer resource; or
contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere with, diminish value of,
surreptitiously intercept or expropriate any system, data or personal information;
(y) shall not be false, inaccurate or misleading;
9.2 You shall not create liability for us or cause us to lose (in whole or in part) the services
of our internet service provider ("ISPs") or other suppliers;
9.3 You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the website or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the website or any
Content, to obtain or attempt to obtain any materials, documents or information through any
means not purposely made available through the website. We reserve our right to bar any such
activity.
9.4 You shall not attempt to gain unauthorized access to any portion or feature of the website,
or any other systems or networks connected to the website or to any server, computer, network,
or to any of the services offered on or through the website, by hacking, password "mining" or
any other illegitimate means.
9.5 You shall not probe, scan or test the vulnerability of the website or any network connected
to the website nor breach the security or authentication measures on the website or any network
connected to the website. You may not reverse look-up, trace or seek to trace any information of
any other User or visitor to website, including any account on the website not owned by You, to
its source, or exploit the website or any service or information made available or offered by or
through the website, in any way where the purpose is to reveal any information, including but
not limited to personal identification or information, other than Your own information, as
provided for by the website.
9.6 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about
Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action
that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of
our trade or service marks, trade name and/or goodwill associated with such trade or service
marks, trade name as may be owned or used by us. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on the infrastructure of the
website or our systems or networks, or any systems or networks connected to us.
9.7 You may not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal you send to us on or through the website or any service
offered on or through the website. You may not pretend that you are, or that you represent,
someone else, or impersonate any other individual or entity.
9.8 You may not use the website or any content for any purpose that is unlawful or prohibited by
these Terms of Use, or to solicit the performance of any illegal activity or other activity
which infringes the rights of our website and / or others.
9.9 You shall solely enable us to use the information you supply us with, so that we are not
violating any rights you might have in your Information, you agree to grant Us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right
to exercise the copyright, publicity, database rights or any other rights you have in your
Information, in any media now known or not currently known, with respect to your Information. We
will only use your information in accordance with the Terms of Use and Privacy Policy applicable
to use of the website.
10. NO LIABILITY:
10.1 It is possible that any of the user (including unauthorized users or "hackers") may post or
transmit offensive or obscene materials on the website and thatother users may be involuntarily
exposed to such offensive and obscene materials. It also is possible for others to obtain
personal information about you due to your use of the website, and that the recipient may use
such information to harass or injure you. We do not approve of such unauthorized uses, but by
using the website, you acknowledge and agree that we are not responsible for the use of any
personal information that you publicly disclose or share with others on the website. Please
carefully select the type of information that you publicly disclose or share with others on the
website.
10.2 We shall have all the rights to take necessary action and claim damages that may occur due
to your involvement/participation in any way on your own or through group/s of people,
intentionally or unintentionally in DoS/DDoS(Distributed Denial of Services).
10.3 You assume all risk when using the Website and/or the Services, including all risks
associated with any online or offline interaction with other Members, including dating. You
accept that we are unable to guarantee the accuracy of information provided to you by or about
other Members and are under no obligation to verify that any Member is who he or she claims to
be.
10.4 You agree to exercise all necessary care and precaution when communicating with individuals
through the Website and/or the Services.
10.5 You are solely responsible for your interactions with other www.smultrondejt.se Site users.
You understand that our website currently does not conduct criminal background checks on its
users. Our website also does not inquire into the backgrounds of all of its users or attempt to
verify the statements of its users. Our website makes no representations or warranties as to the
conduct of users or their compatibility with any current or future user. Our website reserves
the right to conduct any criminal background check or other screenings (such as sex offender
register searches), at any time and using available public records.
10.6 In no event shall our website be liable for any damages whatsoever arising out of or
relating to the conduct of you or anyone else in connection with the use of the service,
including without limitation, bodily injury, death, emotional distress, and/or any other damages
resulting from communications or meetings with other users of our website Services, or our Site
or persons you meet through our Site. You agree to take reasonable precautions in all
interactions with other users of our Site or Services, particularly if you decide to meet
offline or in person.
11. OWNERSHIP:
All right, title, and interest in and to the website (excluding postings/content provided by the
users) is and will remain the exclusive property of our website and our licensors. The website
service is protected by copyright, trademark, and other laws of UNITED KINGDOM. Nothing in these
Terms gives you a right to use the name of the website or websites trademark or logo, or any
other trademarks, logos, domain names, or other distinctive brand features relating to the
website or located on the website.
12. INTELLECTUAL PROPERTY OF COMPANY:
12.1 Our website, its suppliers and licensors expressly reserve all intellectual property rights
in all text, programs, products, processes, technology, content and other materials, which
appear on this Site. Access to this Site does not confer and shall not be considered as
conferring upon anyone any license under any of smultrondejt.se or any third party's intellectual
property rights. All rights, including copyright, in this website are owned by or licensed to us
or third party suppliers. Any use of this website or its contents, including copying or storing
it or them in whole or part, other than for your own personal, non-commercial use is prohibited
without the permission of our website. You cannot modify, distribute or re-post anything on this
website for any purpose.
12.2 The smultrondejt.se names and logos and all related service and our slogans are the
trademarks or service marks of the Company. All other marks are the property of their respective
companies. No trademark or service mark license is granted in connection with the materials
contained on this Site. Access to this Site does not authorize anyone to use any name, logo or
mark in any manner.
12.3 All materials, including images, text, illustrations, designs, icons, photographs,
programs, music clips or downloads, video clips and written and other materials that are part of
this Site (collectively, the "Contents") are intended solely for personal, non-commercial use.
You may download or copy the Contents and other downloadable materials displayed on the Site for
your personal use only. No right, title or interest in any downloaded materials or software is
transferred to you as a result of any such downloading or copying. You may not reproduce (except
as noted above), publish, transmit, distribute, display, modify, create derivative works from,
sell or participate in any sale of or exploit in any way, in whole or in part, any of the
Contents, the Site or any related software. All software used on this Site is the property of
our website or its suppliers and protected by copyright laws of UNITED KINGDOM. Any other use,
including the reproduction, modification, distribution, transmission, republication, display, or
performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all
Contents are copyrights, trademarks and/or other intellectual property owned, controlled or
licensed by our website, one of its affiliates or by third parties who have licensed their
materials to us and are protected by copyright laws of UNITED KINGDOM. The compilation (meaning
the collection, arrangement, and assembly) of all Contents on this Site is the exclusive
property of our website and is also protected by Copyright laws of UNITED KINGDOM.
12.4 If you learn of any unlawful material or activity on our website, or any material or
activity that breaches this notice, please inform us. We respect the intellectual property
rights of others and expect users of the Services to do the same. We will respond to notices of
alleged copyright infringement that comply with applicable law and are promptly and properly
provided to us. If you have a reason to believe that Your Content has been copied in a way that
constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on
their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material;
(iv) Your contact information, including your address, telephone number and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that You are
authorized to act on behalf of the copyright owner.
12.5 We have the right to remove the Content alleged to be infringing without prior notice, at
our sole discretion, and without liability to you. In appropriate circumstances, we will also
terminate a users account if we determine that the user is a repeat infringer.
12.6 While we are not obligated to review User Submitted Materials for copyright infringement,
we are committed to protecting copyrights and expect users of our website to do the same. If you
believe in good faith that any material used or displayed on or through our website infringes
your copyright, you (or your agent) may send us a notice requesting that the material be
removed, or access to it blocked. The notice must include the information as stated in clause
12.4 above.
12.7 Notices regarding our website should be sent to: support@smultrondejt.se (email address of
our copyright agent to whom copyright infringement complaints can be filed).
12.8 We take the protection of our copyright very seriously. Thus, if we discover that you have
infringed any of our copyright, we may bring legal proceedings against you, seeking monetary
damages and/or an injunction to stop you using those materials. You could also be ordered to pay
legal costs.
13. REVIEWS, FEEDBACK, SUBMISSIONS:
13.1 All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed,
submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in
connection with your use of this Site (collectively, the "Comments") shall be and remain our
property. Such disclosure, submission or offer of any Comments shall constitute an assignment to
us of all worldwide rights, titles and interests in all copyrights and other intellectual
properties in the Comments. Thus, we exclusively own all such rights, titles and interests and
shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be
entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish,
display and distribute any Comments you submit for any purpose whatsoever, without restriction
and without compensating you in any way.
13.2 We are and shall be under no obligation (1) to maintain any feedback/Comments in
confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments.
You agree that any Comments submitted by you to the Site will not violate this policy or any
right of any third party, including copyright, trademark, privacy or other personal or
proprietary right(s), and will not cause injury to any person or entity. You further agree that
no Comments submitted by you to the Site will be or contain ( libellous ) or otherwise unlawful,
threatening, abusive or obscene material, or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings or any form of "spam".
13.3 Our website does not regularly review posted Comments, but does reserve the right (but not
the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us
the right to use the name that you submit in connection with any Comments. You agree not to use
a false email address, impersonate any person or entity, or otherwise mislead as to the origin
of any Comments you submit. You are and shall remain solely responsible for the content of any
Comments you make and you agree to indemnify us and our affiliates for all claims resulting from
any Comments you submit. We and our affiliates take no responsibility and assume no liability
for any Comments submitted by you or any third party.
14. LINKS TO THIRD PARTY SITES:
14.1 The Service may include links to other sites and services that are not operated by us. We
are providing these links to you only as a convenience and are not responsible for the content
or links displayed on such sites.
14.2 You are responsible for and assume all risk arising from your use or reliance of any third
party sites. We may provide tools through the Service that enable you to export information,
including without limitation Content, to third party services. By using these tools, you agree
that we may transfer such information to the applicable third-party service. Such third party
services are not under our control, and we are not responsible for their use of your exported
information.
14.3 Linked Services created by third party developers may be available on, through or in
connection with our Services. Linked Services include applications, websites, desktop, wireless,
mobile and other services available from third parties which can be installed onto your Profile,
or elsewhere on our Services, shared with other members and Users on our Services, otherwise
accessed via our Services, or which may link to your Profile from outside of our Services.
14.4 Third parties that offer Linked Services may also provide you with certain options and
choices, but keep in mind that when you engage with a Linked Service, you are interacting with a
third party, not with us. We do not control the third party, and cannot dictate its actions. If
you choose to use a Linked Service, the Linked Service may collect, store, use and share your
data in accordance with the terms of service (not our terms of Use/Service) and privacy policy
of and your privacy settings (if any) on such Linked Service.
14.5 In addition, the third party providing the Linked Service may use other parties to provide
portions of the service to you, such as technology, development or payment services. We may have
limited control or no control at all over the content, operations, policies, terms, or other
elements of Linked Service, and we do not assume any obligation to review any Linked Service. We
do not endorse, approve, or sponsor any Linked Service, or any third-party content, advertising,
information, materials, products, services, or other items.
14.6 We are not responsible for the quality or delivery of the services offered, accessed,
obtained by or advertised at such Linked Services and make no warranties, express or implied, as
to the Linked Services or the providers of such Linked Services (including, but not limited to,
the privacy practices thereof). We encourage you not to provide any personally identifiable
information to any Linked Service unless you know and are comfortable with the third party with
whom you are interacting.
14.7 Finally, we will under no circumstances be liable for any direct, indirect, incidental or
special loss or other damages, whether arising from negligence, breach of contract, defamation,
infringement of copyright or other intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or content contained within Linked Services. Any
activities you engage in with any of the same, including but not limited to the provision of
Content or data to them, are subject to the privacy and other policies, terms and conditions of
use, and rules issued by the operator of the Linked Service so we encourage you to review them
carefully.
15. TERMINATION:
15.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the
website (or any portion of the website). In the event of suspension, cancellation, or
termination, you are no longer authorized to access the part of the website affected by such
suspension, cancellation, or termination. In the event of any suspension, cancellation, or
termination, the restrictions imposed on you with respect to material downloaded from the
website and the disclaimers and limitations of liabilities set forth in the Agreement, shall
survive.
15.2 Without limiting the foregoing, we may close, suspend or limit your access to our
website:
* if we determine that you have breached, or are acting in breach of, this Agreement;
* if we determine that you have breached legal liabilities (actual or potential), including
infringing someone else's Intellectual Property Rights;
* if we determine that you have engaged, or are engaging, in fraudulent, or illegal
activities;
* to manage any risk of loss to us, a User, or any other person; or
* For other similar reasons.
15.3 In order to protect the integrity of the Service, we reserve the right at any time, in our
sole discretion, to block users from certain IP addresses from accessing our Site.
16. CLOSING YOUR ACCOUNT:
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors,
officers, agents and their successors and assigns from and against any and all claims,
liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or
arising out of claims based upon your actions or inactions, which may result in any loss or
liability to our website or any third party including but not limited to breach of any
warranties, representations or undertakings or in relation to the non-fulfillment of any of your
obligations under this User Agreement or arising out of your violation of any applicable laws,
regulations including but not limited to Intellectual Property Rights, payment of statutory dues
and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of
service by other subscribers and infringement of intellectual property or other rights. This
clause shall survive the expiry or termination of this User Agreement.
17. LIMITATION OF LIABILITY:
17.1 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR
PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY,
OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR
ANY DAMAGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE
THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY CONDUCT OR CONTENT OF
ANY THIRD PARTY USING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF MEMBERS AND OTHER USERS OR THIRD PARTIES; (D) ANY CONTENT OBTAINED FROM THE
WEBSITE; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
17.2 THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON
WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY
OF THE WEBSITE ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
17.3 IF ANY OF THE ABOVE LIMITATIONS DOES NOT APPLY TO YOU BECAUSE YOU ARE ACCESSING WEBSITE
FROM A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS WILL APPLY TO
YOU TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.
18. GOVERNING LAWS AND JURISDICTION:
18.1 These Terms and any action related thereto will be governed by the laws of UNITED KINGDOM /
SWITZERLAND without regard to or application of its conflict of law provisions or users state or
country of residence.
18.2 Users agree to submit to the exclusive jurisdiction of the courts in UNITED KINGDOM /
SWITZERLAND in relation to proceedings arising out of this agreement.
19. DISPUTE RESOLUTION:
19.1 In the interest of resolving disputes between you and us in the most expedient and cost
effective manner, you and we agree that any and all disputes arising in connection with the
Terms shall be resolved by binding arbitration.
19.2 Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, may allow for more limited discovery than in court, and can be
subject to very limited review by courts. Arbitrators can award the same damages and relief that
a court can award.
19.3 Our agreement to arbitrate disputes includes, but is not limited to all claims arising out
of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory, and regardless of whether the claims arise during
or after the termination of the Terms.
19.4 YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
20. PRIVACY:
All Personal Information and User Generated Content provided to or displayed on the Site and
Services are subject to our Privacy Statement. You acknowledge that although we strive to
maintain the necessary safeguards to protect your personal data, we cannot ensure the security
or privacy of information you provide through the Internet and your email messages. Our privacy
policy describes the choices available to you regarding our use of your personal information,
how you can access and update your personal information and who we may disclose your personal
information to. We follow generally accepted industry standards to protect the personal
information submitted to us, both during transmission and once we receive it. Unfortunately, the
transmission of information via the internet is not completely secure. Although we will do our
best to protect your personal information, we cannot guarantee the security of your information
transmitted to the Website or through the Services; any transmission is at your own risk. Once
we have received your information, we will use strict procedures and security features to try to
prevent unauthorised access.
21. COOKIES:
21.1 The Website uses cookies to distinguish you from other users of the Website. This helps us
to provide you with a good experience when you browse the Website and also allows us to improve
the Website. By continuing to use the Website and/or the Services, you are agreeing to our use
of cookies in accordance with the terms of this privacy policy. A cookie is a small file of
letters and numbers that we store on your browser or the hard drive of your computer if you
agree. Cookies contain information that is transferred to your computer's hard drive. Please
note that third parties (including, for example, advertising networks and providers of external
services like web traffic analysis services) may also use cookies, over which we have no
control.
21.2 We use cookies in order to track affiliates and also to track if our users have clicked
"Agree" to our cookies consent model.
21.3 You can block cookies by activating the setting on your browser that allows you to refuse
the setting of all or some cookies. However, if you use your browser settings to block all
cookies (including essential cookies) you may not be able to access all or parts of the Website
and/or the Services.
22. NOTICE:
21.1 By using the Site and Services, you accept that communication with us will be mainly
electronic. We will contact you by email or provide you with information by posting notices on
the Site and Services.
21.2 You acknowledge that all contracts, notices, information and other communication we may
provide electronically comply with any legal requirements that such documents are in
writing.
21.3 Notice will be deemed received and properly served immediately when posted on the Site and
Services, 24 hours after an email is sent. As proof of service, it is sufficient that:
(a) the email was sent to the specified email address.
23. SPECIAL ADMONITIONS FOR INTERNATIONAL USE:
The services of our website are available globally. By agreeing to our terms of use and other
policies, you warrant that it is completely legal to use our services in your country. It is the
duty of the user to verify any potential violation. You agree to indemnify us or sister
companies, employees, agents or any related individual or organization for any liability it
might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer
to sell or serve in countries where it is illegal to do so. We reserve the right to monitor the
location from which users access our services and to block access from any jurisdiction in which
participation is illegal or restricted.
24. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the
failure to require at any time performance by you of any of the provisions of these provisions,
shall in no way be construed to be a present or future waiver of such provisions, nor in any way
affect the our right to enforce each and every such provision thereafter. The express waiver by
us of any provision, condition or requirement of these provisions shall not constitute a waiver
of any future obligation to comply with such provision, condition or requirement.
restricted.
25. SEVERABILITY:
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid
or unenforceable, such invalidity or unenforceability shall in no way effect the validity or
enforceability of any other Term.
26. ASSIGNMENT:
25.1 You will not assign any rights or delegate any obligations under these Terms, in whole or
in part, by operation of law or otherwise, without obtaining our prior written consent, which
may be withheld in our sole discretion.
25.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or
in part, without your consent. Any assignment or delegation in violation of the foregoing will
be null and void. These Terms will be binding and inure to the benefit of each partys permitted
successors and assigns.
27. FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision,
would or might constitute a breach of these Terms, where this arises out of circumstances beyond
our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(c) sabotage;
(d) accident;
(e) riot;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
28. DISCLAIMER:
27.1 The information and services included in or available through the Service may include
inaccuracies or typographical errors. Changes are periodically added to the information herein.
We may make improvements and/or changes in the Service at any time. Our website does not
represent or warrant that the Service will be uninterrupted or error-free, that defects will be
corrected, or that the Service or the server that makes it available, are free of viruses or
other harmful components. Our website does not warrant or represent that the use or the results
of the use of the Service or the materials made available as part of the Service will be
correct, accurate, timely, or otherwise reliable. You specifically agree that our website shall
not be responsible for unauthorized access to or alteration of your data.
27.2 OUR WEBSITE MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, SUITABILITY, TIMELINESS,
AVAILABILITY, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED AS IS WITHOUT
WARRANTY OF ANY KIND. OUR WEBSITE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL OUR WEBSITE BE LIABLE FOR ANY
INDIRECT, DIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE
THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT
OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF OUR WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY PART OF THESE TERMS OF SERVICE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO CANCEL (SEE TERMINATION CANCELLATION) AND DISCONTINUE USING THE
SERVICE.
29. LEGAL COMPLIANCE:
28.1 In addition to this Agreement, you must familiarise yourself with, and comply with the
Policies, domestic laws (including common law), state legislation, international laws, statutes,
ordinances and regulations regarding your use of our services. Notwithstanding successful
conclusion of a transaction you must ensure strict compliance with any particular formalities
which, if not complied with, will either render a transaction void or unlawful.
28.2 You alone, and not we, are responsible for ensuring that the services and any other
activities conducted on the website are lawful. You must ensure that they comply with all
applicable laws in UNITED KINGDOM and all other countries.
28.3 You should comply with country, state and federal regulations.
30. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and
supersede any other agreement or understanding (written, oral or implied) that you and we may
have had. Any statement, inducement, promise, covenant or condition not expressly found either
in these Terms shall be deemed as void.
31. CONTACT US:
For any further clarification of out Terms and Conditions or any of our services, please write
to us at support@smultrondejt.se.
32. GDPR
The new General Data Protection Regulation EU 2016/679 (the GDPR) on the protection of personal
data comes into force on 25 May 2018 and our preparations to comply with this are well underway
here at Libera Group LP
Part of these efforts is to ensure that your personal data provided to our company is handled
with accountability and transparency whilst in the meantime control is provided to you over how
this data shall be used.
Our revised practices ensure that we comply with the GDPR, and we have revised our Privacy
Policy and Cookie Policy. The updated policies will come into effect for all existing users and
clients on 25 May 2018.
Through the present letter we notify you that we fully comply with GDPR, and we are at your
disposal whenever you wish to explain to you the policies guidelines and systems that we use.
We welcome you to our services, and we assure you that full protection transparency and
efficiency is served