These Terms of Service (“Terms”) are between you and Smoothy, Inc. (“Smoothy”). These Terms govern your access to and use of our Smoothy services, including our Smoothy mobile application (“App”), our websites, including the website located at https://www.smoothy.co (collectively, the “Services”).
This is a contract between you and Smoothy. You may use the Services only if you can form a binding contract with Smoothy and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You represent that your are 13 years of age or older or if you are under 13 years of age, you are using the Service under the supervision of your parent or legal guardian. If you are under 13 years, your parent or legal guardian must review and agree to this Agreement.
You must read and agree to these terms before using the Services. If you do not agree, you may not use the Service. By accessing or using the Services you agree to be bound by these Terms. The Services that Smoothy provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Smoothy may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
If you want to use the Services you’ll have to create an account and become a registered user (“User”). It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account. We reserve the right to force forfeiture of any username for any reason. Smoothy cannot and will not be liable for any loss or damage arising from your failure to comply with the user account. You’re responsible for all activities that occur under your account, whether or not you know about them.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Smoothy on the Services are subject to change. In consideration for Smoothy granting you access to and use of the Services, you agree that Smoothy and its subsidiary, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
We care about the privacy of our Users. Any information that you provide to Smoothy is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Smoothy. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
The Services enable you to participate in group video chats with other Users. When you use the App, you will be able to join a video chat with a User with whom you are connected on the Services (each a “Connection”). You can add Connections by
inviting them to connect on the Services.
Once you are in a video chat, your Connections and any other participants’ Connections are able to join the same video chat session. If you wish to limit your video chat to your direct Connections, you can lock your video chat session. If you do
not lock your video chat session, a friend of someone with whom you are video chatting may join that current video chat session, with or without an invite from you and whether or not you know him or her. However, if a User that isn’t your
Connection is about to join a video chat session you are in, you’ll receive a notice that such a participant who is not your friend is joining the session. The Services may also suggest that you invite a Connection that you and one or more
participants in a video chat session have in common to join a video chat session.
If you choose to import your personal contacts from your mobile device we will access your personal contacts in order to identify Users that you may know that are using the Services.
We may offer you the opportunity to invite your Connections or other contacts to join your group video chats or otherwise enjoy the Services. If you choose to invite one or more of your Connections or contacts using text messaging (SMS) or another communications app, we may suggest content for the message. Those messages will be sent from the native SMS application on your device. If you choose to send such invitations, you represent to Smoothy that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited. You may incur additional charges when you send invitations via text messaging.
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through
the Services; and (ii) “User Content” means any Content that you provide to be made available through the Services. Content includes, without limitation, User Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take
responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services, or endorse any opinions expressed via the Services. You understand that by
using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled, or are otherwise deceptive. Under no circumstances will Smoothy 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 as a result of the use of any Content posted, emailed, transmitted, or otherwise made available
via the Services, or broadcast elsewhere.
Smoothy does not claim any ownership rights in any User Content. You retain your rights to any User Content you submit, post, or display on or through the Services. Subject to your ownership of your User Content, all rights, title, and interest in and to the Services and Content are and will remain the exclusive property of Smoothy and its licensors (including other Users). The Services are protected by copyright, trademark, and other laws of both the Republic of Korea and foreign countries. Smoothy reserves all rights not expressly granted in these Terms.
In order to make the Services available to you and other Users, Smoothy needs a license from you. By submitting, posting, or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with
the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed). Notwithstanding the foregoing and any
other provision in these Terms, the content of your video chat sessions will only be used by us for the purpose of providing you the Services and for no other purpose.
We may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media, and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or
limitations of any networks, devices, services, or media.
You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other Users with whom you participate in a group video chat. You should only provide
User Content that you are comfortable sharing with others under these Terms. Smoothy will not be responsible or liable for any use of your User Content by Smoothy in accordance with these Terms. You represent and warrant that you have all the
rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available
through the Services, nor any use of your User Content by Smoothy on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of
any applicable law or regulation.
Rights in Content Granted by Smoothy
Subject to your compliance with these Terms, Smoothy grants you a limited, non-exclusive, non-transferable license to access and view the Content posted by other Users via the Services solely in connection with your permitted use of the Services
and solely for your personal and non-commercial purposes.
Subject to your compliance with these Terms, Smoothy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on any mobile device or computer that you own or control, and to run such copy of the App solely for your own personal, non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Smoothy reserves all rights in and to the App not expressly granted to you under these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, and to suspend and/or terminate Users, or reclaim usernames without liability to you.
Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
Promotes discrimination, hatred or harm against any individual or group;
Is a direct and specific threat of violence to others;
Is defamatory, obscene, or pornographic;
Is furtherance of illegal activities; or
Is harassing, abusive, or constitutes spam.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms, including
investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property, or safety of Smoothy, its Users, and the
public. Smoothy does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
You may not do any of the following while accessing or using the Services:
access, tamper with, or use non-public areas of the Services, Smoothy’s computer systems, or the technical delivery systems of Smoothy providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Smoothy (and only pursuant to those terms and conditions),
unless you have been specifically allowed to do so in a separate agreement with Smoothy (NOTE: scraping the Services without the prior consent of Smoothy is expressly prohibited);
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
interfere with, or disrupt, (or attempt to do so), the access of any User, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in
such a manner as to interfere with or create an undue burden on the Services.
use, display, mirror, or frame the Services or any individual element within the Services, Smoothy’s name, any Smoothy trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without
Smoothy’s express written consent;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Smoothy or any of Smoothy’s providers or any other third party (including another User) to protect the Services or
Content;
attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than
the software and/or search agents provided by Smoothy or other generally available third-party web browsers;
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
use any meta tags or other hidden text or metadata utilizing a Smoothy trademark, logo, URL, or product name without Smoothy’s express written consent;
use the Services or Content, or any portion thereof, for any commercial purpose, or for the benefit of any third party, or in any manner not permitted by these Terms;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
collect or store any personally identifiable information from the Services from other Users of the Services without their express permission;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.
Any objectionable content or users who violate our terms of service are subject to removal from the Services at any time. More information about objectionable content can be found in Safety.
We have adopted the following policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts.
The Terms will continue to apply until terminated by either you or Smoothy as follows. You may end your legal agreement with Smoothy at any time for any reason by deactivating your account and discontinuing your use of the Services. In order to deactivate your account, please contact us hello@gooroomee.com We may suspend or terminate your account, or cease providing you with all or part of the Services at any time for any reason
You agree to defend, indemnify, and hold harmless Smoothy and its officers, directors, employee, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms, (vi) any other party’s access and use of Service with your unique username or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. FURTHER, COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SMOOTHY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SMOOTHY ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SMOOTHY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE SMOOTHY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Smoothy Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
These Terms and any action related thereto will be governed by the laws of the Republic of Korea. Conflicts that arise from the Service or conflicts between Users and Smoothy related to the Service will be governed primarily under the exclusive jurisdiction of the district Court of Seoul.
Notwithstanding the provisions of the “General Terms” section below regarding changes to these Terms, if Smoothy changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to hello@gooroomee.com within 30 days of the date such change became effective, as indicated in the “Last Updated” date above By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Smoothy in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
If you don’t want to settle Disputes by arbitration as described above, you will notify Smoothy by sending us written notice (including by email to hello@gooroomee.com) telling us that you don’t want to use arbitration, within thirty (30) days of the date on which you agreed to these Terms, and consequently you agree that all Disputes will be resolved exclusively by a court located in Seoul, Republic of Korea.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Smoothy shall have no liability for your interaction with other Users, or for any Users’ action or inaction.
The failure of Smoothy to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be
limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. The waiver of any such right or provision will be effective only if in writing and signed by a duly
authorized representative of Smoothy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not
assign or transfer these Terms, by operation of law or otherwise, without Smoothy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Smoothy may freely assign or transfer these Terms
without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Smoothy under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services. These Terms and our Privacy Policy are the entire and exclusive agreement
between Smoothy and you regarding the Services (excluding any services for which you have a separate agreement with Smoothy that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements
between Smoothy and you regarding the Services and Content. We may revise these Terms from time to time; the most current version will always be at https://smoothy.co/eula/smoothy.html Smoothy may, in our sole discretion, modify or update this
Terms from time to time, and so we recommend that you should review this page periodically. When we modify or update the Terms in a material manner, we update the “June 9th, 2017” date at the top of this page and notify you after any such change
constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access the Service. These Services are operated and provided by Smoothy. If you have any questions about these Terms,
please contact us at: hello@gooroomee.com