Last Updated: 10 of November 2015
Effective November 2015

These Terms of Use are a legal agreement between Smarts PC Greece, Inc. (“SmartsIKE”) and you and govern your access and use of the Smarts websites (including, without limitation, smarts.com.gr) (“Smarts Websites”) and the Smarts mobile applications and related services (collectively with the Smarts Websites, the “Smarts Services”).

BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING ANY OF SMARTS’ SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

To enjoy SnowUp services, you can download our apps from various app stores and follow setup instructions inside the app, or go to http://www.smarts.com.gr for more information. To get help, email us at contact@smarts.com.gr. You can view our privacy policy here: http://www.smarts.com.gr/content/snowup-privacy-policy.

You must be at least 13 years old to use the SnowUp Services or SnowUp Websites. For purposes of these Terms of Use, the words “you”, “your” or other like terms shall refer to the party agreeing to these Terms of Use and to any person or entity who, uses the SnowUp Services. Accordingly, the person agreeing to these Terms of Use represents and warrants for himself or herself, and on behalf of any third party he or she purports to act for and any person or entity that uses the SnowUp Services, that he or she is duly authorized on his or her own behalf and on behalf of any such third party to enter into these Terms of Use and to comply with these Terms of Use.

SnowUp reserves the right to change these Terms of Use at any time, including but not limited to changing the possible charges associated with the use of the SnowUp Services. SnowUp will give you notice of such changes by posting the revised Terms of Use at http://www.smarts.com.gr/content/terms-and-conditions. is your responsibility to ensure that you are aware of the current SmartSafe&Sound Terms of Use at all times when you use the SmartSafe&Sound Services. If we make any changes to these Terms of Use, we will change the “effective” date above. By continuing to use the SmartSafe&Sound Services, you agree to the revised Terms of Use.

The SnowUp Services may contain links to other websites and mobile services (“Linked Sites” and “Linked Services”). The Linked Sites and Linked Services are not under the control of SnowUp and SnowUp is not responsible for the contents of any Linked Site or the operation of any Linked Service, including without limitation any link contained in a Linked Service or on a Linked Site, or any changes or updates to a Linked Site or Linked Service. SnowUp is not responsible for either the quality or character of webcasting or any other form of transmission received from any Linked Site or Linked Service. SnowUp provides links to Linked Sites and Linked Services solely as a convenience, and accordingly your access to or use of a Linked Site or Linked Service is at your sole risk. The inclusion of any link on the SnowUp Services to a Linked Site or Linked Service does not imply endorsement by SnowUp of the Linked Site or Linked Service or any association with its owners or operators. You should always read the privacy policy of a third-party website before providing any information to the website.

As a condition of your use of the SnowUp Services, you warrant to SnowUp that you will not use the SnowUp Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the SnowUp Services in any manner which could damage, disable, overburden, or impair the SnowUp Services or interfere with any other party’s use and enjoyment of the SnowUp Services or SnowUp Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SnowUp Services or SnowUp Websites.

The SnowUp Services may contain SMS based communications, data sync service, application download services, positioning services through GPS or triangulation technology, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with SnowUp, other users of the SnowUp Services, or the public at large (collectively, “SnowUp Services”.) You agree to use the SnowUp Services only to post, send and receive messages and material that are proper and related to the SnowUp Services. You agree that you shall NOT:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Locate another user through our location services without their consent, unless the other user is a minor of whom you are a parent or a third party administrator authorized by a parent or legal representative to locate through our location services.
• Locate another user through our location services if applicable laws do not permit you to locate digitally even after consent has been granted.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such SnowUp Service specifically allows such messages.
• Conduct or forward surveys, sweepstakes, contests, promotions, pyramid schemes or chain letters.
• Use the SnowUp Services for any purpose other than personal information purposes. The SnowUp Services may not be sold, rented or otherwise commercialized with third parties.
• Download any file posted by another user of a SnowUp Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the SnowUp Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular SnowUp Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
• Remove, alter, obscure, destroy, or attempt to circumvent any notices, proprietary marks or codes, means of identification, digital rights management tools or information included in or related to the SnowUp Services.
• Reverse engineer, disassemble, decompile, convert into human-readable format, or otherwise attempt to derive the source code of any software included in or related to the SnowUp Services.
• Copy any ideas, features, functions or graphics included in or related to the SnowUp Services.

SnowUp will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SnowUp may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. SmrtSnowUp has no obligation to monitor the SnowUp Services. However, SnowUp reserves the right to review the use of and/or materials posted to a SnowUp Service and to remove any materials in its sole discretion at any time. SnowUp reserves the right to suspend or terminate your access to the SnowUp Services or any or all of the SnowUp Services at any time without notice for any reason whatsoever.

SnowUp reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SnowUp’s sole discretion.
SnowUp takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. SnowUp makes no representations or warranties as to the interoperability of the SnowUp Services with any network or servers. You acknowledge that SnowUp shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the SnowUp Services to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the SnowUp Services.

You acknowledge and recognize that the SnowUp Services is a crowd-informative service provided through applications, mobile networks, and the internet. Moreover SnowUp does not always control or endorse the involvement of app’s users in the SnowUp Services. Therefore, SnowUp specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a SnowUp Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

SnowUp does not claim ownership of the materials you provide to SnowUp or post, upload, input or submit to the SnowUp Services (including pictures, video, personal details, feedback and suggestions) (collectively “Submissions”). No compensation will be to you paid with respect to the use of your Submission, as provided herein. SnowUp is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SnowUp’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant to SnowUp the rights and licenses set forth above. You agree that you shall defend, indemnify and hold harmless SnowUp and its affiliates, officers, directors, employees and agents from and against any and all third party claims (and any and all resulting losses, damages, liabilities, costs and expenses) alleging that your Submission or SnowUp’s use of your Submission in accordance with the rights and licenses granted above violates, infringes or misappropriates the rights of any third party or violates applicable law.

Notice of Copyright or Intellectual Property Infringement. We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the SmartSafe&Sound Services has infringed your intellectual property rights, pursuant to international laws as applicable in your country.

To be effective the notification must include:

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to permit SnowUp to locate the material on the SnowUp Services;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the SnowUp Services without liability. Counter-Notice by Accused User. If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to our designated agent below. That written communication must include the following:

• your physical or electronic signature;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• your name, address, and telephone number.

Please send all notices under the above copyright infringement policies by email.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SnowUp SERVICES AND SnowUp WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. SnowUp AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SnowUp SERVICES AND SnowUp WEBSITES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ABSENCE OF ERRORS, BUGS, VIRUSES, AND/OR MECHANISMS WHICH MAY DISABLE, DAMAGE OR INTERFERE WITH COMPUTER SYSTEMS OR NETWORKS.

YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SnowUp SERVICES AND SnowUp WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND THAT SnowUp SHALL HAVE NO LIABILITY FOR SUCH ERRORS. YOU ACKNOWLEDGE AND AGREE THAT SnowUp AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SnowUp SERVICES AND ON THE SnowUp WEBSITES AT ANY TIME WITHOUT NOICE OR LIABILITY TO YOU.

INFORMATION YOU MAY RECEIVE VIA THE SnowUp SERVICES OR SnowUp WEBSITES MAY NOT BE RELIED UPON BY YOU FOR PERSONAL, SECURITY, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SnowUp SERVICES OR SnowUp WEBSITES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SnowUp OR THROUGH THE SnowUp SERVICES OR SnowUp WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

THE SnowUp SERVICES ARE PROVIDED TO INFORM WITH SKI RESORT INFORMATION, BUT YOU SHOULD ALWAYS USE COMMON SENSE AND SEEK HELP WHEN IT IS NEEDED. SnowUp CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONNEL WILL RESPOND IN A TIMELY MANNER OR AT ALL, OR THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND. ADDITIONALLY, PERSONNEL MAY NOT RESPOND BECAUSE OF LOCAL LAWS, REGULATIONS OR POLICIES.

SnowUp AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SnowUp SERVICES OR THE SnowUp WEBSITES FOR ANY PURPOSE OR THE AVAILABILITY OF ANY NETWORKS OR COMMUNICATIONS LINES OR FUNCTIONING OF ANY MOBILE PHONE OR DEVICE NECESSARY FOR THE SnowUp SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SnowUp AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) BE LIABLE (i) FOR DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU TO SnowUp IN THE 1 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM, OR (ii) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SnowUp SERVICES, WITH THE DELAY OR INABILITY TO USE THE SnowUp SERVICES, SnowUp WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SnowUp SERVICES OR SnowUp WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SnowUp SERVICES OR SnowUp WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SnowUp OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

To the extent SnowUp may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SnowUp’s liability will be the minimum permitted under such law.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SnowUp SERVICES OR SnowUp WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SnowUp SERVICES AND SnowUp WEBSITES.

You agree to indemnify and defend SnowUp and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including Submissions) that you or anyone using your mobile device submit, post, or transmit through the SnowUp Services or SnowUp Websites; (b) the use of the SnowUp Services or SnowUp Websites by you or anyone using your mobile device; (c) the violation of these Terms of Use by you or anyone using your mobile device; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your mobile device. SnowUp reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with SnowUp in such defense.

SnowUp reserves the right, in its sole discretion, to terminate your access to the SnowUp Services and SnowUp Websites and the related services or any portion thereof at any time, without notice.

Other than Submissions belonging to users, we own or license the content on the SnowUp Services and SnowUp Websites, including software, text, visual and audio content (referred to together as “Content”) and SnowUp’s trademarks, logos, and brand elements (referred to as “Marks”). The Content and Marks are protected under Greek and international laws. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

SnowUp respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you.

These Terms of Use shall be governed by the Greek laws without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the Greek Courts located in Athens, in all disputes arising out of or relating to the use of the SnowUp Services or these Terms of Use and you hereby waive any right to claim that such courts constitute and inconvenient forum for such disputes. Use of the SnowUp Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SnowUp as a result of these Terms of Use or your use of the SnowUp Services. SnowUp’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of SnowUp’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SnowUp Services or information provided to or gathered by SnowUp with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and SnowUp with respect to the SnowUp Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SnowUp with respect to the SnowUp Services.

Please print a copy of these Terms OF USE for you records and PLEASE check the Site frequently for any changes to these Terms of use.