1. Scope of application of the terms of use

(1) These Terms of Use apply to the online offer Smart Home Devices, which can be accessed on the Internet at https://www.smarthomedevic.es . This is a platform on which users can create profiles.

(2) You can call up and print out the currently valid terms of use at https://smarthomedevic.es/terms-of-use/

2. conclusion of contract and user account

(1) By completing the online registration process and creating a profile, a user contract is concluded with the operator. The object of the user contract is the free use of the profile.

(2) The creation of a user account is required for the creation of a profile. This consists of a user name and a password (“log-in data”).

(3) The creation of a user account is only possible by providing a current e-mail address of the user. This e-mail address is also used for communication with the operator.

(4) The user assures that the data used when creating his profile (“profile data”) are accurate and complete. The use of pseudonyms is not permitted.

(5) With any communication of the user with other users, any contractual relationships arise exclusively between the users involved. The operator is neither a representative nor does he himself become a contractual partner.

3. Use of the profile

(1) When using the profile, the user can make use of various services:
The user has the possibility to publish his own content (text, images, etc.) within the portal.
The user has the possibility to send messages to other users.

(2) The operator is entitled to block access to individual contents at any time, e.g. if it is suspected that these violate applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of the portal.

(3) The operator endeavours to ensure the trouble-free operation of the portal. This is naturally limited to services over which the operator has an influence. The Operator is at liberty to restrict access to the Portal in whole or in part, temporarily or permanently, due to maintenance work, capacity requirements and other events beyond the Operator’s control.

4. Obligation of the user to cooperate: posting of contents

(1) When creating and using his own content, the user undertakes to observe applicable law (e.g. criminal law, competition law and youth protection law) and not to infringe the rights of third parties (e.g. name, trademark, copyright and data protection rights).

(2) The user undertakes vis-à-vis the operator to ensure that any content placed on the portal does not violate applicable law or morality, either by its content or form. The same applies to the setting of external links. In particular, it is not permitted to disseminate content that is

  • racism
  • Glorification of violence and extremism of any kind
  • inciting and inciting to criminal offences and violations of the law, threats to life, limb or property
  • rushing against persons or companies
  • personality offensive statements, defamation, defamation and slander by users and third parties as well as violations of the fair trading law
  • copyright infringing content or other infringements of intellectual property rights
  • sexual harassment of users and third parties
  • porn
  • offensive, sexist, obscene, vulgar, abominable or disgusting materials and expressions
  • represent, concern or contain.

(3) Copyright-protected content may only be included literally in articles without the consent of the respective copyright holder within the scope of the applicable citation law. Quotations shall be identified by highlighting by means of a quotation function and a reference to the source. Foreign-language quotations must also be translated into German to the extent that the content is roughly visible. In particular, incorrectly quoted contributions may be removed or corrected by the moderators. The distribution and/or public reproduction of any content of the portal without the consent of the operator is prohibited.

5. further duties of cooperation of the user

(1) The user may only use the portal for private purposes without the express permission of the operator and may not advertise for himself or third parties. This means in particular that the user may not use any messages advertising content without the consent of the operator and the recipient (in particular: spam messages).

(2) In the event that the user uses the opportunity to inform third parties about the existence of the portal via the recommendation function provided by the operator, he must ensure that the third party agrees to the sending of the advertising recommendation e-mail.

(3) In the event that the contents contain hyperlinks to the pages of third parties, the user warrants that he/she is authorized to use the hyperlink and that the website to which reference is made (“landing page”) is compatible with applicable law and the rights of third parties.

(4) The user is obliged to handle the log-in data carefully. The user is prohibited without exception from disclosing the log-in data to third parties and/or allowing third parties access to the profile by circumventing the log-in data.

(5) The user must refrain from any activity that could impair and/or excessively burden the operation of the portal or the underlying technical infrastructure. This includes in particular:
the use of software, scripts or databases in connection with the use of the portal;
the automatic reading, blocking, overwriting, modifying, copying of data and/or other contents, as far as this is not necessary for the proper use of the portal;

(6) In addition, it is not permitted to violate the anonymity of other users or to disclose information from other users from private messages, e-mails or chats that are not intended for the public. Users may not include in their contributions or otherwise make known any information which could reveal the identity of another user or which the user has received from other users exclusively in private messages, e-mails or chats.

(7) Should disruptions occur during the use of the portal or its functionalities, the user shall immediately inform the operator of this disruption. The same shall apply if the user obtains information about content published by third parties which obviously violates applicable law or the rights of third parties.

6. Rights of use

(1) The user grants the operator a spatially and temporally unlimited, irrevocable, non-exclusive, free of charge right, transferable to third parties, to utilize the posted contents in the online offer. The operator is entitled to use, edit and exploit the contents at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of public accessibility. The user waives the right to the naming of the author. This provision shall not affect the possibility of the user to grant third parties rights to the content posted in accordance with certain licensing models.

(2) All rights to the contents of the portal lie with the operator. The user is prohibited from duplicating, distributing and/or publishing content that the operator, other users or third parties have uploaded to the portal.

7. Unlimited liability

(1) Unlimited liability: The operator is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, the operator is liable for damages resulting from injury to life, limb and health of persons.

(2) Otherwise, the following limited liability shall apply: In the case of slight negligence, the Operator shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the User may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable upon conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of the operator’s vicarious agents.

8.Claim for exemption

The user indemnifies the operator and its employees or agents against all claims of third parties in the event of claims based on alleged or actual infringement of rights and/or infringement of rights of third parties by actions undertaken by the user in connection with the use of the portal. In addition, the User undertakes to reimburse all costs incurred by the Operator as a result of claims made by third parties. Reimbursable costs also include the costs of an appropriate legal defence.

9. Personal data

(1) The user hereby consents to the storage of the personal data entered by him. This also applies to the storage of the IP addresses that are transmitted each time the portal is used. In particular, the user also consents to the presentation of the personal data entered by him in his profile representation within the portal for other users of the portal and third parties who are not users of the portal.

(2) The user also consents to the use of his personal data for the personalization of advertisements placed in the portal (personal data is not passed on to the advertisers). Furthermore, the user agrees that third-party advertisements of any kind whatsoever may be placed on his profile pages.

(3) The use of the portal makes the collection, processing and use of personal data by the operator unavoidable. The operator assures to handle all stored data carefully and to process them exclusively within the scope of the user’s data protection consent. Any further use of personal data by the operator shall only take place if this is legally permissible or if the user has given his prior consent.

(4) The user further agrees that the operator may use the user’s personal data for direct marketing purposes. This includes the advertising address of the user by e-mail and by post.

10. Contract duration/termination

(1) The contract shall run for an indefinite period and may be terminated by either party at any time without notice and without giving reasons.

(2) In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.

(3) An important reason for the operator to terminate this contract exists if the customer persistently violates his obligations according to Clause 4 or 5 of this contract.

11. Final provisions

(1) Should the contract contain ineffective regulations, the effectiveness of the rest of the contract remains unaffected.

(2) The present contract shall be governed exclusively by German law.