Legal notice

Legal Notice (Terms of Service and Privacy Policy)

Registered owner

This website is provided and maintained by:

The great emu war UG (haftungsbeschränkt)

Eifflerstrasse 43

22769 Hamburg

Germany

Phone: +49 176 2191 3199

Email: wedontpayforemails@gmail.com

Managing Director: Nicolaj Grabert.

Registered at the local court (Amtsgericht) Charlottenburg Berlin under HRB 132811 B.

VAT ID:

Responsible person for own contents of www.smobapp.com, the website provided by The great emu war UG (haftungsbeschränkt) according to section 55 RStV.

Website powered by JADEKIND .NET

Brokerage register:

http://www.vermittlerregister.info

Register no. D-F106-R98V-66

Permission in accordance with section 34(1) of the German Trade, Commerce and Industry Regulation Act [GewQ]

Supervisory authority: BA Friedrichshain-Krezberg von Berlin Ordnungs- und Gewerbeamt, Frankfurter Allee 35-37, 10247 Berlin, Germany.

Registry and Responsible Professional Association: Industrie- und Hadelskammer zu Berlin, Fasanenstr. 85, 10623 Berlin, Germany.

Professional designation: Broker of financial investments in accordance with section 34(1) of the German Trade; Commerce and Industry Regulation Act [GewQ]

Professional regulations:

-Section 34 f of the German Trade; Commerce and Industry Regulation Act [Gewerbeordnung]

-FinVermV

The professional regulations may be accessed and downloaded on the website http://www.gesetze-im-internet.de, which is operated by the German Federal Ministry of Justice and Consumer Protection and by juris GmbH.

The EU Commission has created an Internet platform where consumer disputes may be settled out of court. You can find this European online dispute resolution platform at http://ec.europa.eu/consumers/odr/. However, The great emu war UG (haftungsbeschränkt) does not participate in the procedure for the alternative settlement of consumer disputes.

Conditions of use

This page, together with the documents referred to on it, describes the conditions of use (hereafter “Conditions of Use”) on which you may make use of our website www.smopapp.com (hereafter “Website”), whether as a registered user or as a guest.

Please read these Conditions of Use carefully before you start to use the Website. By using the Website, you indicate that you accept these Conditions of Use and that you agree to abide by them. If you do not agree to these Conditions of Use, please leave the Website immediately.

Access to the Website

Accessing to the Website is permitted on a temporary basis, and we reserve the right to withdraw or revise the service or content we provide on the Website without previous notice. We will not be liable if for any reason the Website is unavailable at any time or for a short or prolonged period.

From time to time, we may restrict access to some parts or all the Website to users who have registered with us.

If you choose, or you are provided with, a user identification code (name, nickname, etc.), password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party, inside or outside of the Website. We have the right to disable or temporarily block, any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Conditions of Use.

You must comply with the provisions of our acceptance use policy when using the Website.

You are responsible for making all the arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Conditions of Use, and that they comply with them.

Reliance on posted information

All material or data posted on the Website is intended for information purposes only and does not represent legal advice on which reliance should be placed. Users are hereby placed under notice that they should take appropriate steps and procedures to verify such information. No user should act or refrain from acting on the information contained in the Website or provided by the Website without first verifying the information and as necessary obtaining legal and/or professional advice.

Notice of liability

The great emu war UG (haftungsbeschränkt) (hereafter “The Company”) makes no representations or warranties whatsoever as to the accuracy of the information contained on the Website. To the extent permitted by the law, The Company expressly excludes all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or by the law of equity.

Despite careful checks on the content, we accept no liability for the contents of external links. In all cases, the providers of external websites are responsible for the contents they provide. The domain www.smobapp.com , including all subdomains, might contain links to other websites. In these cases, the following applies: The Company, the provider of www.smobapp.com , expressly declares that it does not have any influence on the design and the contents of any of the linked and/or integrated websites. Therefore, www.smobapp.com and The Company expressly distance themselves from all contents of all websites linked on this Website and do not make these contents their own. This declaration is valid for all websites linked on this Website.

The Company expressly disclaims all liability and responsibility for any direct, indirect, or consequential loss or damage incurred by any user arising from any reliance placed on materials or data posted on the Website by any visitor to the Website and by anyone who may be informed of any of their contents, or from the use of inability to use the Website, whether directly or indirectly, resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and The Company had been advised of the possibility of the same. Direct, indirect, or consequential loss and/or damage shall include but not be limited to loss of profits or contracts, loss of income or revenue, loss of business, loss of goodwill, and wasted expenditure or management time.

Nothing in these Conditions of Use shall exclude The Company’s liability for death or personal injury resulting from its negligence, nor its liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Website changes

We aim to update the Website on a regular basis, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely.

Hacking, viruses, and other offences

The user agrees that material downloaded or otherwise accessed using the Website, is obtained entirely at the user’s own risk and that the user will be entirely responsible for any resulting damage to software, device, or computer systems and/or any resulting loss of data, even if such loss and/or damage was reasonably foreseeable and The Company had been advised of the possibility of the same.

The user/s or visitor/s of the Website (hereafter the “User” or “Users”) must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. The User must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer, or database connected to the Website. The User must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

By breaching the provision mentioned in these Conditions of Use, the User would be committing a criminal offence and we will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Website will cease immediately.  

We will not be liable for any loss and/or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect the User’s computer equipment, device, computer programs, software, data, or other proprietary material due to the User’s use of the Website or to their downloading of any material posted on them, or any website linked on them.

Website’s linking

The Users may link to our Website, provided they do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but they must not establish a link in such a manner as to suggest any form of association, approval, or endorsement on our part where none exists.

The Users must not establish a link from any website that is not owned by them.

The Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which the User is linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on the Website other than that set out above, or if you wish to have access to the linking in our Website, please send a request to wedontpayforemails@gmail.com .

Third-party websites

The Company does not accept any liability or responsibility for any third-party websites that can be accessed through the Website or for any loss and/or damage that may arise from the User’s use of them. The Company does not endorse and/or approve the contents of any such site and these links are provided for your information only.

Whenever the Users make use of a feature that allow them to upload material to the Website, or to contact other Users of the Website, the Users must comply with the content standards set out in our acceptable use policy. The Users warrant that any such contribution does comply with those standards, and the Users indemnify us for any breach of that warranty.

Any material that the Users upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute, and disclose to third-parties any such material for any purpose. We also have the right to disclose the Users’ identities to any third-party who is claiming that any material posted or uploaded by the Users to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third-party, for the content or accuracy of any materials posted by the Users of the Website.

We have the right to remove any material or posting that the Users make on the Website if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

General

We process information about you in accordance with our Privacy Policy. By using the Website, the Users consent to such processing and they warrant that all data provided by them is accurate.

If any provision of these Conditions of Use or the Notice of Copyright is found to be invalid by any court having competent authority, the invalidity of that provision shall not affect the validity of the remaining provisions which shall remain in full force and effect.

The Company’s omission to exercise any right under these Conditions of Use or the Notice of Copyright shall not constitute a waiver of any such right unless expressly accepted by The Company in writing.

These Conditions of Use and the Notice of Copyright and any dispute or claim arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, shall be governed by, and construed in accordance with the law of Germany. The User and The Company agree to submit any dispute, including any non-contractual dispute, arising out or in connection with the use of the Website to the exclusive jurisdiction of the courts of Germany.

We may revise these Conditions of Use at any time by amending this page. The Users are expected to check this page periodically to take notice of any changes we have made, as they are binding on them. Some of the provisions contained in these Conditions of Use may also be superseded by provisions or notices published elsewhere on the Website.

Notice of Intellectual Property rights

Except where expressly stated to the contrary, all intellectual property rights in the text, graphics, information, motifs, logos, designs, and databases contained in this Website, including the domain names, organization, and layouts of the Website and the software used in relation to the Website are owned by The Company or its licensors and/or partners.

The Company owns a portfolio of registered and unregistered trademarks including, but not limited, to The Company and supporting solicitors and/or partners. The Users may not use any trademarks, service marks and/or other trade names belonging to The Company from time to time, without The Company’s prior written consent, including without limitation The Company’s trademarks, all page headers, custom graphics, and button icons on the Website, including to imply endorsement by The Company of your website and/or goods and/or services or otherwise without our prior written consent.

All other trademarks referred to on the site are the trademarks of their respective owners and the Users will require their specific authorization should the Users wish to use any of the trademarks.

The Users may print or download to a computer and/or device extracts amounting to no more than six pages of this Website:

  • For personal use,
  • For use by solicitors for reference purposes,
  • For use by partners or potential partners in any area, and such other groups of solicitors which The Company has agreed to collaborate with, for the purposes of informing and/or representing their members, customers, partners, solicitors, sponsors, and/or associates, including use for the purposes of occasional events which they hold for their members, customers, partners, solicitors, sponsors, and/or associates, provided in all cases that:
    • The Company’s Website is the acknowledged source including the reference www.smobapp.com and The Company’s copyright notice featured at the bottom of the site (“Copyright 20XX, COMPANY NAME All Rights Reserved”); the User/s do not modify the paper or digital copies of any materials they have printed off or downloaded in any way; and the User/s do not use any graphics, illustrations, or photographs, separately from any accompanying text.  This permission may be revoked at any time by The Company. Material displayed on the site, in whole or in part, may not otherwise be copied, reproduced, republished, or incorporated in any other work or publication, whether paper or electronic media or any other form, without The Company’s prior written permission. Sending copies of material to clients does not constitute reference purposes and is not permitted. The User/s may not reproduce or store any part of this site in any other website, document management system, or electronic retrieval system, via screen-scraping or otherwise, without The Company’s prior written permission. The User/s must not use any part of the materials on this site for commercial purposes, other than use by solicitors for reference purposes or otherwise as expressly permitted herein, without obtaining a license to do so from The Company or its licensors. In particular, the User/s must not:
      • use this site as a source of material or contact data for any kind of marking activity; or
      • use any information on this site to create, update, amend, or verify their own or someone else’s databases, records, directories, customer lists, mailing, or prospecting lists to provide any kind of commercial information service.

If the Users print off, copy, or download any part of this Website in breach of these terms of use, their right to use this Website will cease immediately and they must, at The Company’s option, return or destroy any copies of the materials they have made.

The Company will vigorously pursue any violation of its intellectual property rights that seeks to exploit its material for commercial gain or to misrepresent its stance.

Any rights not expressly granted in this notice are reserved.

Acceptable Use Policy

This Acceptable Use Policy (hereafter “AUP”) sets out the terms between the Users and The Company under which the Users may access the website www.smobapp.com (referred to in this AUP as the “Website”). This AUP applies to all Users of the Website.

The Users’ use of the Website means that they accept, and agree to abide by, all the policies in this AUP, which supplement out Conditions of Use.

Prohibited uses

The Users may use the Website only for lawful purposes. The Users may not use the Website:

  • In any way that breaches any applicable local, national, or international law or regulation,
  • In any way that is unlawful of fraudulent, or has any unlawful or fraudulent purpose or effect,
  • For harming or attempting to harm minors in any way,
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards,
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material of any other form of similar solicitation, spam; or,
  • To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer or device software or hardware.

The Users also agree:

  • Not to reproduce, duplicate, copy, or re-sell any part of the Website in contravention of the provisions of our Conditions of Use, or
  • Not to access without authority, interfere with, damage, or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website, or any equipment or network or software owned or used by any third-party.

Interactive services or modules

We may, from time to time, provide interactive services or modules (hereafter “ISM” on the Website, including, without limitation:

  • Comment spaces and forums,
  • Public and/or private profiles,
  • Blogs,
  • Any other forms of user-generated content.

Where we do provide any ISM, we will provide clear information to the Users about the kind of service or feature offered, if it is moderated, and what form of moderation is used. Information about data gathered during any interactions, is covered by our Privacy Policy.

We will do our best to access any possible risks for Users from third-parties when they use any ISM provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service, including what kind of moderation to use, in the light of those risks. However, we are under no obligation whatsoever to oversee, monitor, or moderate any ISM we provide on the Website, and we expressly exclude our liability for any loss and/or damage arising from the use of any ISM by a User in contravention of our standards, whether the service or module is moderated or not.

Where we do moderate an ISM, we will normally provide the Users with a means of contacting the moderator, should a concern or difficulty arise.  

Content standards

These Content Standards apply to all material which the Users contribute to the Website (hereafter “Contributions”), and to any ISM associated with them. The Users must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole.

Contributions must:

  • Where they state facts, be accurate;
  • Where they state opinions, be genuinely held;
  • Comply with applicable law in Germany and in any country from which they are posted.

Contributions must not:

  • Contain and/or promote any material which is defamatory of any person;
  • Contain and/or promote any material which is obscene, offensive, hateful, or inflammatory;
  • Contain and/or promote sexually explicit material;
  • Contain and/or promote violence;
  • Contain and/or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe any copyright, database right, or trademark of any other person;
  • Be likely to deceive any person;
  • Be made in breach of any legal duty owned to a third-party, such as a contractual duty or a duty of confidence;
  • Contain and/or promote any illegal activity;
  • Be threatening, abuse, or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety;
  • Be likely to harass, upset, embarrass, alarm, or annoy any other person;
  • Be used to impersonate any person, or to misrepresent an identity, or affiliation with any person;
  • Give the impression that they emanate from us, if this is not the case, or
  • Advocate, promote, or assist any unlawful act such as, by way of example only, copyright infringement or computer misuse.

Suspension, block and termination

We will determine, in our own discretion, whether there has been a breach of this AUP through the User’s use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this AUP constitutes a material breach of the Conditions of Use upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:

  • Immediate, temporary, or permanent withdrawal of the User’s right to use the Website,
  • Immediate, temporary, or permanent removal of any posting or material uploaded by the User to the Website,
  • Issue of a warning to the User,
  • Legal proceedings against the User for reimbursement of all costs on an indemnity basis, including, but not limited to, reasonable administrative and legal costs, resulting from the breach,
  • Further legal action against the User, or
  • Disclosure of such information to law enforcement authorities as we reasonably feel necessary.

We exclude liability for actions taken in response to breaches of this AUP. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the Acceptable Use Policy

We may revise this AUP at any time by amending this page. The Users are expected to check this page periodically to take notice of any changes which we make, as they are legally binding on them. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on the Website.

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Contacts

Phone
(+49) 176 21913199
Email
yo (@) smobapp.com
Address
Eifflerstraße 43
22769 Hamburg
Betahaus 2.Og Next Media Accelerator

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