THE FOLLOWING AGREEMENT BETWEEN YOU AND the smartuptv.com portal and its licensees GOVERN YOUR USE of smartuptv.com and its contents. NOTWITHSTANDING, ANY SUCH AGREEMENTS APPLY TO SOFTWARE LICENCE AGREEMENTS THAT YOU COMPLETED.
ELECTRONIC CONTRACT COMPLETION
The use of the mysmartup portal offers you the ability to electronically enter into contracts and/or purchases. You are aware that your electronic inputs, your consent and your intentions legally bind you to a contract and that you are thereby required to pay for purchases in accordance with the contract if the goods or services therein are offered for a fee. In order to gain access to your electronic records and to retrieve them, certain hardware and software may be required. This, however, is your responsibility.
Smartuptv.com is the provider of the portal and the hardware that allows you to purchase a licence for the smartupbox and to acquire digital content temporarily or permanently according to the terms and conditions set forth in this agreement.
REQUIREMENTS FOR THE USE OF THE SERVICE
This service is legally available to persons who are at least 18 years of age. The use of the service requires compatible devices, internet access and certain software. In addition, regular updates may be required. The use of the service may depend on the performance of these factors. Use of a high-speed internet access is required. You are aware that the fulfilment of these preconditions is your responsibility.
YOUR REGISTRATION You are required to register for the use of content. Please do not provide such information to third parties. You are solely responsible for maintaining the confidentiality and security of all data and for all activities in your account. You are required to notify smartuptv.com and its licensee immediately of any security breach.
You will always be required to authenticate your identity for the use of smartuptv.com contents. You are obliged to provide accurate and complete information when you register for the service and when you use the service. You must maintain updated registration data so that it is accurate and complete. You agree that smartuptv.com and its licensee may process and use your login information to provide you access to your account and other content.
CONTENT AVAILABILITY Smartuptv.com or its licensees reserve the right to change content without notice.
RULES OF USE
You are entitled to use smartuptv.com content for private and commercial use but its content may not be resold by a third party directly. The further sale and distribution of video and audio carriers is equally prohibited except as otherwise permitted under the statutory limitation provisions of the Copyright Act §§ 44 et seq. Only access to the content made available by smartuptv.com hardware can be resold.
ASSURANCE OF CONTENTS
You are obliged not to violate the security technology or its elements or to circumvent, reverse engineer, decompile, disassemble or otherwise modify the security technology. You may not also help others with the aforementioned activities.
ASSURANCE OF SERVICE
You are required to access the service only through the use of software developed by smartuptv.com and its licensees or via a company associated with smartuptv.com. You are required to use the software provided by smartuptv.com to access the provided service. You may not alter or use modified versions of the software for any purpose, particularly not for unauthorised access to the service. You may not access or attempt to access an account for which you do not hold the access rights. Violation of system or network security measures may result in civil or criminal liability.
HIGH DEFINITON (HD) PRODUCTS
HD products may only be viewed on HD devices.
The smartuptv.com portal and smartuptv.com provide features that allow access to materials (including links to content from third parties) from areas of the portal and provide the public with access to programmes via the box. You agree that any use of such functions including the provision of materials is solely your responsibility. The rights of others or applicable laws may not be violated, nor may such violations of the law be encouraged or contributed to, nor shall any otherwise unlawful conduct be encouraged or contributed to including but not limited to obscene activity. All necessary rights and licences must be obtained and only accurate and complete information shall be provided in connection with the provision of box materials. You agree that smartuptv.com and its licensee hereby initiate a fully-paid and non-exclusive license unlimited by time or location to provide you access to such materials as part of the portal and in connection with the smartuptv.com products without compensation or obligation to you. Smartuptv.com reserves the right at any time in its sole discretion and without notice or liability to cease your materials and to publicise, remove, or change materials provided to you. Smartuptv.com and its licensees have the right but not the obligation to monitor materials or products that were provided to you or were otherwise provided via the website. They may also investigate any reported or apparent violations of this agreement.
Certain smartuptv.com content, products and services available through the portal and box may include materials from third parties. Smartuptv.com and its licensees provide links to websites operated by third parties. Smartuptv.com or its licensees is/are not responsible for examining or evaluating the content or accuracy; smartuptv.com or its licensees does/do not guarantee, is/are not liable for and is not responsible for the materials available on third-party websites or for other materials, products or services available from third parties. You may not use third-party materials in a manner that violates the rights of other third parties. Smartuptv.com or its licensees is/are not responsible for such unauthorised use which you commit.
You are aware that during your use of our offered services, you may encounter materials that you find offensive, indecent or objectionable and that such content may not have been flagged as such. Nevertheless, you agree that the use of the service is at your own risk; smartuptv.com or its licensees is/are not liable for material you find offensive, indecent or objectionable. Product types and descriptions are only made available to you and you acknowledge that smartuptv.com does not guarantee their accuracy.
Smartuptv.com software and hardware and the third-party content contain proprietary software content and materials which smartuptv.com and/or its licensors are entitled to; they are protected by intellectual property rights (including copyright law) and by other laws. You are not authorised to use such proprietary content or materials in any way except in the context of the use of the smartuptv.com portal and hardware in accordance with this agreement. No part of the portal, the software or the hardware may be reproduced in any form or by any means unless it is expressly permitted under these conditions. Notwithstanding any other provision of this contract, smartuptv.com, its licensees and its licenser reserve the right to change without prior notice, temporarily interrupt, to charge payment, to remove, to equip with third-party advertising, disable access to products, software, content or other materials offered via smartuptv.com without notice. In no case shall smartuptv.com be liable for these changes. Smartuptv.com may also impose restrictions on the use of and access to certain features or portions of the service without reason and without notice or liability. The removal of content from a service does not affect products whose services have already been purchased. Smartuptv.com, its operators and its licensors shall include copyright on the site, including the right to the compilation of content, dues, links to other internet sources and descriptions of these sources. The use of any portion of the portal for uses other than those expressly stated is strictly prohibited and infringes on the intellectual property of others. Additionally, such use may subject you to severe civil and criminal consequences including obligations to pay damages for breach of copyright. HARDWARE You agree that smartuptv.com or its licensee may access your configuration data at any time during the use of the hardware so that they may make offers of partners, change their own content and perform updates.
If you violate any provision of this agreement or if smartuptv.com or its licensee has reasonable grounds to believe that you breached the terms of this agreement, it may terminate your account and/or this agreement at its own discretion and does not need to notify you thereof.
Smartuptv.com or its operator will provide the service with reasonable care. It does not provide representations or warranties with regard to the provision of services. You are particularly responsible for ensuring backups of your system as well as the setup of products manufactured by or purchased from smartuptv.com.
Unless otherwise stated, our liability on whatever legal grounds is limited as follows: (i) smartuptv.com or its licensee has a liability limited to the typically foreseeable damage for the negligent breach of material obligations under the contractual relationship; (ii) smartuptv.com or its licensee is not liable for the negligent breach of essential obligations arising from contractual obligation. The foregoing limitations will not apply in cases of legal liability (in particular under the Product Liability Act), liability for assuming a specific guarantee or liability for culpably caused personal injuries.
Smartuptv.com or its licensees reserve the right to change this agreement at any time and to impose new or additional terms and conditions on your use of the hardware. Such changes and additional conditions will be provided to you and will be immediately effective as soon as they are accepted at which point they will be incorporated into this agreement. In the event that you do not accept the changes, we may terminate this agreement with you.
This agreement constitutes the entire agreement between you and smartuptv.com and governs your use of the portal and technology. You may also be subject to additional terms and conditions which are applied if you agree to certain smartuptv.com products, third-party content or third-party software associated with this service. If any provision of this agreement is invalid or unenforceable, the provision shall be designed so that it is consistent with applicable law and the original intentions of the parties may be met in the best possible way. The remainder of the agreement from which this provision came shall remain unaffected. The portal is offered by a licensee. More information may be found on the corresponding website. You are required to comply with all local, state, federal and national laws, regulations and ordinances that apply to your use of this technology. This agreement and your use of the portal are subject to German law.
ASSURANCE OF CONTENT
You are obliged not to violate the elements of the security technology or to circumvent, reverse engineer, decompile, disassemble or make otherwise unauthorised changes to the security technology, nor are you permitted to help others with the aforementioned activities.
From time to time, we may use your personal data in order to send important messages such as notifications of purchases and changes to our rules and guidelines. Because this information is important for your relationship with smartuptv.com, it is not possible to unsubscribe from this particular newsfeed. We may use your personal data for internal purposes for auditing in particular, data analysis and research to improve products, services and customer communications.
We also collect non-personal data or information that does not provide a direct reference to a particular person. We may collect and use non-personally identifiable information for any purpose and we may provide this information to others.
We also collect information such as number of users, IP addresses, languages, and all information which is made possible by our technology.
Sometimes, it may be necessary for smartuptv.com or its licensees to disclose your personal data because of legal requirements, legal matters, litigation and/or requests from public and governmental agencies within or outside your country of residence. In addition, we may disclose information about you if we believe that it may be necessary for national security, law enforcement or other public interests.
We may also disclose information about you if we believe that this is reasonably necessary to protect our terms and conditions or our licensees or users. In addition, we will provide any and all personal data that we collect in the event of a reorganization, merger or sale to a third party.