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Terms of Service

Last updated: August 29, 2023

These Terms of Service ("Terms") govern your access to and use of the Smashr website and its associated services (collectively referred to as the "Service"), provided by the Service Provider ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing or using the Service, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into these Terms. If you are accessing or using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. User Accounts

2.1 Registration

To access certain features of the Service, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.2 Account Deletion

Users who choose to create an account have the option to delete it at any time. We respect your privacy and handle personal information according to our Privacy Policy.

2.3 Account Termination

We reserve the right to suspend or terminate your account at any time and for any reason, including but not limited to a violation of these Terms or our policies. Upon termination, your access to the Service will be revoked, and you may lose all data associated with your account. We shall not be liable to you or any third party for any such termination.

3. User Conduct

3.1 General Guidelines

You agree to use the Service in compliance with all applicable laws, regulations, and these Terms. You will not engage in any activity that interferes with or disrupts the Service or compromises its security or integrity.

3.2 Prohibited Content and Activities

You will not post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, invasive of privacy, or otherwise objectionable. You will not engage in any activity that infringes upon the rights of others, including intellectual property rights. Additionally, you will not use the Service to distribute spam, viruses, or any form of malicious software.

4. Intellectual Property

4.1 Ownership

We retain all rights, title, and interest in and to the Service and its contents, including all intellectual property rights. You acknowledge that the Service contains proprietary information and materials that are protected by applicable intellectual property laws.

4.2 User Content

You retain ownership of any content that you submit or upload to the Service ("User Content"). By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service.

5. Privacy

We are committed to protecting your privacy. Our use of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification

You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your use of the Service, your violation of these Terms, or your violation of any rights of another party.

9. Modifications to the Terms

We reserve the right to modify or revise these Terms at any time. The most current version of the Terms will be posted on the Service. By continuing to access or use the Service after any modifications to the Terms, you agree to be bound by the updated Terms. If you do not agree to the modified Terms, you should discontinue your use of the Service.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Belgium. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be exclusively brought in the courts of Belgium , and you consent to the personal jurisdiction of such courts.

11. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

12. Entire Agreement

These Terms constitute the entire agreement between you and the Service Provider regarding your use of the Service and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and the Service Provider concerning the Service.

If you have any questions or concerns regarding these Terms, please contact us using our contact form.

By using Smashr, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.