#ToS - Terms of Service
The use of services provided by SMMeShop establishes agreement to these terms. By registering or using our services you agree that you have read and fully understood the following terms of Service and SMMeShop will not be held liable for loss in any way for users who have not read the below terms of service.
Welcome and many thanks for visiting and using the website located at https://smmeshop.com (from now and hereafter referred to as the “Service”), which is owned and provided by SMMeShop from now on hereafter referred to as “SMMeShop”.
Your use and access of the Service is governed by and subject to the following agreements (collectively, the “SMMeShop Agreements”), applicable to you and your use of the Service:
These Terms of Service (“Master Terms of Service”)
By placing an order with SMMeShop, you automatically accept all the below-listed terms of services weather you read them or not.
We reserve the right to change these terms of service without notice. You are expected to read all terms of service before placing every order to ensure you are up to date with any changes or any future changes.
You will only use the SMMeShop website in a manner which follows all agreements made with the Social Media such as Instagram/Facebook/Twitter/Youtube/other social media site on their individual Terms of Service page.
2. Access to and Description of The Service
SMMeShop offers an advertising technology Service (the “Services”) that connects Publishers and Advertisers or Resellers via our online platform and therefore is not responsible for the content, functionality or performance of any Ad or Publisher Property. Instead, SMMeShop offers a web-based technology Service that collects information about how Users use Publisher Properties within the Network and enables Advertisers and Resellers to serve Ads to those Publisher Properties based on specific User Characteristics via the Service.
SMMeShop reserves the right, in its sole discretion, to modify this Agreement at any time by posting the changes on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such update constitutes your acceptance of the terms and conditions of this Agreement as modified.
SMMeShop does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to SMMeShop or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
You represent and warrant to SMMeShop that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years of age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
3. Member Accounts
If you are a Publisher, Advertiser or Reseller, in order to use certain features of the Service you are required to create a password-protected account (“Account”). It is your sole responsibility to protect your password, control access to and use of your Account, and notify SMMeShop when you desire to cancel your Account. You are responsible for maintaining the strict confidentiality of your password, and you shall be responsible for any access to or use of your Account, including any fees, costs, or expenses incurred or accumulated as a result of such use, by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify SMMeShop of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. SMMeShop will not be liable or responsible for, and you hereby waive any claim against SMMeShop in connection with, any loss or damage arising from your failure to comply with this provision.
4. WEBSITE CONTENT
The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Website is protected by copyright as a collective work and/or compilation, pursuant to German copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, non-commercial use is expressly prohibited without prior written permission from SMMeShop or from the copyright holder identified in such Content’s copyright notice. You shall not link to the Website without SMMeShop’s prior written consent.
Under no circumstances will SMMeShop be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
5. YOUR WARRANTY
You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without SMMeShop’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of SMMeShop; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. SMMeShop reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if SMMeShop is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any SMMeShop user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website is strictly prohibited. You will not decompile or reverse engineer (other than as permitted by applicable law), or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
7. WARRANTY DISCLAIMER
SMMeShop has no special relationship with or fiduciary duty to you. You acknowledge that SMMeShop has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release SMMeShop from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. SMMeShop makes no representations concerning any Content contained in or accessed through the Services, and SMMeShop will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
8. SERVICE/CAMPAIGN DISCLAIMER
- User Interaction with your Page:
- Fluctuation in your Page's Engagements:
You may see fluctuation (positive or negative) in your page's engagements at any point but we are not at all responsible for that because there is no way to verify if engagements delivered by us has dropped or they might be the existing engagements you had were dropped but you get results according to the marketing strategies you follow. Sometimes page falls out of engagements for posts irrespective of how you promote your page as this can be the result of algorithm changes in Social Media that they do all the time. You should wait for some time and see how the situation will change as we saw after sometime pages get their engagements back but you can not (and will not) blame us for that in any way at all due to the fact that we are not responsible for the new changes in algorithm done by Social Media.
- Advice or Recommendations:
We may give you some advice or recommendations upon asked or if required or if felt but they are free of charge based on the market trends and best of our experience / knowledge but it should not be treated as a part of service as such and it is your responsibility to discuss it with your internal team of experts or advisors and make your own final decision, therefore, we will not be responsible for the consequences of the same.
- Warning for Service Name/Description:
Our services are quite random and unstable therefore it requires to be monitored/updated regularly but we do this once in a day only since it's impossible to keep them updated every second and hence We can NOT guarantee if the services name or description is 100% accurate. However, you may reach out to support to confirm the latest information but still we don't guarantee the same.
- Warning for Campaign Cancellation:
We can't cancel any campaign as such once the campaign is created specifically if created by mistakes such as double order or if you entered an invalid link or wrong service was ordered or any other similar issue. However, you may reach out to support but we don't guarantee the same.
- Warning for Double Campaigns:
We cannot cancel campaigns if you made the mistake of making 2 orders of the same link at the same time. It might be possible these orders starts at the same or comparable count and hence they will compete with each other. However, you may reach out to support but we don't guarantee the same.
- Warning for Campaign Quality:
SMMeShop will only be used to promote your Social Page or Account such as Instagram/Twitter/Facebook and help boost your "Appearance" or "Numbers" only. We DO NOT guarantee our users will interact with your page further, we will simply increase the numbers of engagements on your page/post (by delivering the amount of engagements or followers you had purchased) w.r.t start count. We DO NOT guarantee 100% of our accounts will have a profile picture or full bio or uploaded pictures, although we strive to make this the reality for all accounts.
- Warning for Campaign Delivery:
SMMeShop does not guarantee a delivery time for any services or campaign. We offer our best estimation for when the order will be delivered. This is only an estimation and SMMeShop may not refund orders that are processing if you feel they are taking too long. Your campaign may NOT be delivered or canceled or partial delivery if we reach the capacity. However, you may terminate the campaign in such a situation and get the refund into your account balance as per our terms/policy. SMMeShop tries hard to deliver exactly what is expected from us by our re-sellers, however, you may reach our to support and we will escalate the issue with our supply chain but we can't guarantee the same.
- Warning for Campaigns Stats/Status:
Since our services, some times may become unstable and hence we can't guarantee that the stats or status shown on your dashboard is 100% accurate, it may freeze some times or show the wrong number but actually it might be delivering. You may have to check the Stats manually by visiting your Social Page and checking it live on the web browser and compare it with the Start Count.
- Warning for Campaign Speed:
We can't speed campaigns up start time or delivery speed, our platform is almost automated. However, you may reach our to support and we will escalate the issue with our supply chain but we can't guarantee the same.
- Warning for Service Pricing:
Since our services are quite random and unstable therefore Service pricing or rates are subject to change at any time without notice. It also depends a lot on the demand and supply formula. Usually, we update then once in a day. Rates might increase or decrease but it won't affect your existing orders or campaigns. The payment/refund policy stays in effect in the case of rate changes.
10. REGISTRATION AND SECURITY
As a condition to using some aspects of the Services, you may be required to register with SMMeShop and select a password and user name (“User ID”). You shall provide SMMeShop with accurate, complete, and updated registration information, including your email address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. SMMeShop reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You will indemnify and hold SMMeShop, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
12. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMMeShop OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND SMMeShop’S REASONABLE CONTROL.
SMMeShop is in no way liable for any account suspension or picture deletion done by Instagram or Twitter or Facebook or YouTube or Other Social Media.
Disclaimer: SMMeShop will not be responsible for any damages you or your business may suffer.
13. THIRD PARTY WEBSITES
The Services may contain links to third party websites that are not owned or controlled by SMMeShop, or the Services may be accessible by logging in through a third party website or service; for example, you may access the Services through Facebook by using its “Facebook Connect” functionality. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. SMMeShop has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, SMMeShop will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless SMMeShop from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that SMMeShop shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that SMMeShop is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SMMeShop, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Website. SMMeShop may terminate your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. SMMeShop may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable, including any outstanding virtual currency balances. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. SMMeShop shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SMMeShop’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with SMMeShop’s prior written consent. SMMeShop may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Lower Saxony, Germany without regard to the conflict of laws provisions thereof.
For all other users residing outside the European Union, any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Hannover, Germany in accordance with the Arbitration Rules and Procedures of DIS-Schiedsgerichtsordnung then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the German Federal Courts located in the Germany, and you hereby waive any right you may have, either now or in the future, to institute a claim in any other jurisdiction or venue. Except as required by applicable law, both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind SMMeShop in any respect whatsoever.
#EULA - End User License Agreement
You will not upload anything into the SMMeShop site including nudity or any material that is not accepted or suitable for the Instagram/Twitter/Facebook or Social Media community.