4. Your use of SMARTGROUPs
While using SMARTGROUPs, you must comply with all laws and regulations of the Federal Republic of Germany.
Data and contents may be uploaded and processed or spread with SMARTGROUPs only if that use of data and content does not violate the laws or intellectual property rights or other rights of third parties (e.g. registered trademarks, naming rights, portrait rights).
You are always responsible for the information and content provided by you.
We do not take any action to investigate the data and content provided by our users to see whether they are legal or free of malware.
You can upload a picture in your user profile in SMARTGROUPs. Before uploading any image, you must ensure that you have appropriate rights to use.
You must not upload or make available contents, files or pictures with depictions of violence, pornographic, discriminatory, libellous, racist or other illegal content.
Other persons may only be visible on pictures uploaded and published in SMARTGROUPs if you have their consent to do so.
We are authorized to delete files or images uploaded by you at any time or to replace them if they clearly violate third party rights or applicable laws or if you fail to react within the period stipulated by us because of a complaint about your files or images.4.1 General Prohibitions
You agree not to do—or attempt to do—any of the following:
- Probe, scan, or test the vulnerability of any SMARTGROUPs system or network or breach any security or authentication measures;
- Access, tamper with, or use non-public areas of SMARTGROUPs, smartgroups GmbH's computer systems, or the technical delivery systems of SMARTGROUPs's providers;
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide SMARTGROUPs;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing SMARTGROUPs;
- Access or search SMARTGROUPs or download any intellectual property from SMARTGROUPs through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;
- Plant malware or use SMARTGROUPs to distribute malware;
- Send any unsolicited communications, promotions, advertisements or spam;
- Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- Post or transmit anything that is fraudulent or misleading, or that infringes on others' rights;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate the privacy of others;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the above.
Although we're not obligated to monitor access to or use of SMARTGROUps or your content or to review or edit any of your content or the intellectual property of other SMARTGROUPs users, we have the right to do so for the purpose of operating SMARTGROUPs to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects SMARTGROUPs. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.5. Liability Limit5.1 Exclusion of Indirect Damages
We are not liable for any indirect, special, incidental, or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; inaccurate guidance; loss of data, records, or information; and lost profits, revenue, or anticipated cost savings), even if it knows of the possibility of such damage or loss.
The liability of smartgroups GmbH for the breach of obligations and for offences is limited to cases of intent and gross negligence. The limitation of liability does not apply in the event of harm to life, body or health of the client, entitlements due to culpable breach of fundamental contractual obligations and compensation for damages relating to delay. The liability for culpable breach of fundamental contractual obligations is limited to such damages that can typically be expected to occur as far as it is not caused by intent or grossly negligent behavior.
The above exclusion of liability also applies for slightly negligent violations of duty of our auxiliary persons.
The liability for the loss of data is restricted to the typical retrieval expenditure that would also have occurred if data were backed up regularly and in accordance with the risk involved.5.2 Total Limit on Liability
Except for smartgroups GmbH's indemnity obligations, smartgroups GmbH's total liability arising out of or related to this agreement (whether in contract, tort, or otherwise) does not exceed the amount paid by Customer within the 12-month period prior to the event that gave rise to the liability.