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Terms of Service
Last updated: July 22, 2019
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Article 1: General
- Smart Tribe is an online marketplace service, hereafter referred to as "the Service" (including this Web site and all its applications), provided by B SPOT LTD (see Contact for detailed information), hereafter referred to as "the Provider".
- These Terms and Conditions are an agreement that is legally binding between the Provider and any natural or legal person who, as a recipient of the service, uses the Service for any purpose, hereafter referred to as "the User".
- These General Terms and Conditions can be subject to additions by special terms and conditions. These are:
- The Statement on Privacy and Data Protection
- Individual terms and conditions and individual amendments to all terms and conditions are only binding if concluded in written form. Also, waiving this formal requirement can only be concluded in written form.
Article 2: Disclaimer
- The Service is provided "as is" and the Provider disclaims any and all representations and warranties, whether express or implied, including;- but not limited to;- implied warranties of title, merchantability, fitness for any particular purpose or non-infringement. The Provider does not promise any specific results, effects or outcome from the use of the Service.
- The Provider does not represent or warrant that the Service and the data and information provided are accurate, up-to-date, complete or reliable. The provider is not responsible or liable for any damage, disadvantage or disprofit, whether material or immaterial, that is caused by the usage or non-usage of the Service. This does not apply to damages, disadvantages and disprofits that are caused by the Provider intentionally, recklessly or negligently.
- The Provider reserves the right to change, reduce, interrupt or discontinue the Service or parts of it at any time.
- No one has a right to use the Service; the Provider reserves the right to exclude certain Users.
Article 3: Storage of information
- The Service consists largely of information stored on the request of Users.
- The Provider neither previews nor automatically reviews such information. Therefore, the Provider cannot have current knowledge of; possible infringements caused by information that is stored on the request of Users. The Provider is not liable for such information (Article 14 of Directive 2000/31/EC).
- The Provider will, upon obtaining knowledge about or awareness of such infringement, act expeditiously to remove or disable access to such information.
- Users may only request storage of such information that they may legally store and publish. Users must not request to store any information that infringes any third party's copyright, trademarks, other intellectual property rights or any other rights.
- Users indemnify the Provider from any claims raised by third parties in reference to any information that is stored on request of the respective User. The indemnification covers all adequate expenditures, including court and lawyer fees.
Article 4: Notice and take down
- If a user feels that any information provided within the Service infringes his/her or any third party's rights, he or she shall notify the Provider before taking any legal action.
- Upon such notification, the Provider will expeditiously check the objectionable information and will, where necessary, remove or disable access to this information ("notice and take down" process).
- The Provider will respond to any such notification within twenty business days.
- Users shall not take any legal action before the Provider has dismissed the notification or twenty business days have elapsed without response.
- The Provider disclaims liability for expenditures, including court and lawyer fees, if legal action is taken earlier, unless the Provider has caused the infringement intentionally, recklessly or negligently.
Article 5: Misuse of the Service
- Users must not misuse the Service. Misuse of the Service includes, without limitation:
- insults to other Users;
- automated or massive manual retrieval of other Users' profile data ("data harvesting");
- advertising for commercial products or services of all kinds;
- unsolicited job offers and business proposals;
- all kinds of technical attacks on the servers.
- All aforementioned behaviors in this article are strictly forbidden, unless the User has obtained prior written permission by the Provider.
Article 6: Usage of information
- All information provided within the Service by the Provider and by other Users may only be accessed manually by a natural person using ordinary Internet devices.
- Users must not publish, share, sell or make available information that is provided within the Service by the Provider or by other Users to/with any third party.
- Users must not store or process any other User's personal data for any other purpose than the natural purpose of such data being published within the Service by the respective User.
Article 7: Copyright and other Intellectual Property Rights
The software running the Service, the site design, the logos and other graphics, articles and other texts as well as the database are protected by copyright and property of the Provider.
Article 8: Trademarks and Service Marks
Marks for Goods and Services can possibly be used without any identification, such as the ® or TM symbols. This does not mean that such marks were not registered trademarks or service marks or such marks were not protected by any applicable law. Such trademarks and service marks are property of their respective owners and must not be used by Users in any infringing manner.
Article 9: Applicable Law
These Terms and Conditions, including its additions (as in article 1 (3)) are an agreement solely under the law of United Kingdom and the law of the European Union (European Communities), insofar as it is directly applicable within UK. The Provider and the User waive all other law, including the law at the place of residence or usage of the User (if other than UK) and any international trade law.
Article 10: Special Terms for Business Users
- This article applies for Users that use the Service for business purposes.
- Place of jurisdiction for all issues that arise from the usage of the Service, including this Terms and Conditions and all its additions (as in Article 1 (3)), is London, United Kingdom.
Article 11: Salvatorius Clause
If any provision or provisions of this Terms and Conditions and its additions (as in Article 1 (3)) shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Digital Millenium Copyright Act (DMCA) Information
Smart Tribe (the "Provider") respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been posted, uploaded or shared on or through Smart Tribe website (the "Site") without authorization from the copyright holder in accordance with the safe harbor set forth in the Digital Millennium Copyright Act ("DMCA"). Smart Tribe will also, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.
A. Notification of Alleged Copyright Infringement
The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under UK and EU copyright law. If you have a good faith belief regarding the use of materials on the Site infringes your copyright, you may send to the Provider a notice requesting that the material be removed, or access to it be blocked. If you believe that your work has been copied and made available through the Site in a way that constitutes copyright infringement, you may send a written document to [Company]'s Designated Agent (as set forth below) that contains the following (a "Notice"):
- A description of the copyrighted work that you claim has been infringed and, if multiple copyrighted works are covered by a single notification, a list of all such works.
- Identification of the URL or other specific location that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the allegedly infringing material.
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf of the owner of an exclusive right that is allegedly infringed;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
- A statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner's behalf.
- Your name, mailing address, telephone number, and email address.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by the Provider against you, the DMCA permits you to send the Provider a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Smart Tribe's designated agent: Copyright Agent Smart Tribe part of B SPOT LTD Leigh Villa Vernon Avenue London SW20 8BW United Kingdom Phone: +44 (0) 7932867856 Please note that you may be liable for damages, including court costs and attorneys fees, if you misrepresent that content uploaded by a Site user is infringing your copyright. The Provider suggests that you consult with your legal advisor before filing a notice or counter-notice. Upon receiving a proper Notice, B SPOT LTD will remove or disable access to the allegedly infringing material. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
B. Counter Notice Procedure
If you believe your own copyrighted material has been removed from the Site in error, you may submit a written Counter Notice to our Designated Agent (as identified above) that includes the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the court based in the United Kingdom, or if your address is outside the United Kingdom, or any other judicial district in which Smart Tribe may be found.
- A statement that you will accept service of process from the party that filed the Notice or the party's agent.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
If you send our Designated Agent a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 10 to 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.
C. Repeat Infringer Policy
In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Site by users who may infringe or repeatedly infringe the copyrights of others.
EU Online Dispute Resolution (ODR) information
If you are a consumer resident in the European Union (consumer as defined in Article 4 of EU Directive 2013/11/EU), the EU Commission provides an Online Dispute Resolution (ODR) platform for the out-of-court resolution of disputes concerning contractual obligations. You can find the link to this platform here.
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