Terms of Use

Last Modified: 2011/12/01

MySmark is an Internet service of b-sm@rk Ltd, located in Dublin – Republic of Ireland (R.O.I.), available to registered users through its website mysmark.com.

Users are real persons and organizations in a broad sense.

The service consists in methods and resources that allow it’s registered users:

  • to give and share (semantic) feedback and opinions on Web content (real-person only)
  • to define content to be evaluated by others
  • to define and share their own version of certain tools for evaluation of specific content types

In the following:

  • “Services” means MySmark services,
  • “Software” means any code in any form used to provide you the Services,
  • “we”, “us” means the owner/provider of the Service, i.e b-sm@rk Ltd,
  • “you” is the person or entity/party in whose name/behalf the Services are used
  • “Terms” are these terms of service, use and privacy that govern your access to and use of MySmark.

If you have any questions about these Terms, please contact us at besmark@b‑smark.com

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of a third party, you are agreeing to these Terms for that party and representing that you have the authority to bind that party to these terms.
You may use the Services only if you are of legal age and in good standing – i.e. you can form a contract with us and are not barred under any applicable laws from doing so.
Use of the Services in compliance of the Terms is free as of today; although this could change, users already registered for free wouldn’t be charged anyway, but instead offered an opt-in for new / advanced features for a fee.
The Services may evolve over time: we may stop, suspend or modify the Services, or remove content at our discretion, at any time without prior notice to you. We may offer you new / advanced features for a fee.

Click / touch on an item to expand / collapse the full text.

  • 1) MySmark Property
    All non-user’s content is Copyright of b-sm@rk Ltd., who reserves all the rights.

    All contents of our websites, except users’ content and where otherwise noted, is Copyright of b-sm@rk Ltd and cannot be re-used for other websites, contents, services. These terms do not grant you any right of any kind in the Services, Software or the content in the Services. We may use any feedback, comments, or suggestions you send us or post in any forum without any obligation to you. The technologies we use to provide the Services may be protected by copyright, trademark, and other laws in some countries. These Terms do not grant you any rights to use the MySmark trademarks, logos, domain name(s), or other brand features.
  • 2) MySmark Acceptable Use Policy (AUP)
    It is prohibited to abuse or misuse our Services.

    Use our services responsibly, as documented.
    You agree not to abuse / misuse the Services, which means in particular:

    • to violate the law in any way, or the privacy of others, or to defame or harass others
    • access the services by any means other than our publicly supported interfaces (e.g. “scraping”)
  • 3) Compliance with Laws and Law enforcement
    In case of a valid legal process b-sm@rk will cooperate with law enforcement and may disclose user’s personal information.

    In compliance with R.O.I. law, we cooperate with law enforcement when we receive valid legal process, which may require us to provide the contents of your private MySmark account data.
  • 4) Your responsibilities
    Users should respect the intellectual property and are fully responsible for their own conduct, protecting their own data, safeguarding the credentials to access the Services.

    Content in or accessible from the Services may be protected by intellectual property rights of others. Do not violate those rights. You will be fully responsible and liable for what you do with such content.

    • You are solely responsible for your conduct, the content you generate/upload on/through the Services, and your communications with others while using the Services.
    • You are responsible for maintaining and protecting all of your stuff, including backup copies. We will not be liable for any loss or corruption or cost of restoration of your stuff.
    • You are responsible for safeguarding the credentials to access the Services and you agree not to disclose them to any third party.
    • You are responsible for any activity using your account. You should immediately notify b-sm@rk of any unauthorized use of your account.
    • You must keep your contact details current.
  • 5) Children – legal age
    Children under the age of 13 are not eligible to use our Services.

    The Services are not directed to persons under legal age, that means 13 unless otherwise stated, though we do not have the possibility to prevent that under-aged people access and use the Services. Should we become aware that a person under legal age has provided us with personal information, we will take steps to delete such information from the Services.
  • 6) Privacy
    b-sm@rk Ltd. collects some information either directly or through third-party applications or services. User’s information might be used for some general purposes. User’s email will not be sold.

    We will display your personal information in your profile page and elsewhere on the Services according to the preferences you set in your account. We may also share your information with your consent if you use third-party applications or services to access / connect your account (see below). Through certain features of the Service, you may also have the ability to make some of your information public. Be aware that once made public, you’ve lost control on that information. We collect personal information when you register with us, when you use the Services and visit any website augmented with our Services, when you connect your account to/from third-parties. We may combine information about you from such diverse sources.

    When you register we ask you certain personal information, which may also be inherited in part from a third-party you connect from; some of these informations are mandatory and cannot be changed after first use of that account. We have minimal verification procedures in place – mainly for security – so you can easily cheat if you wish, though be aware that you’d likewise get bad / distorted services from MySmark.

    We also collect automatically information about your transactions wherever and whenever you access and use the Services, from your computer and browser, such as your IP address, cookies, software and hardware attributes, the pages and contents you request and your geo-location, to the extent allowed by settings of your device and browser. If you want to limit any such information, you have to tweak the proper settings of your device and browser. Other similar information may come from third-party services you have enabled a channel with.

    We use such information for the following general purposes: to model your behaviour and preferences, thus trying to better your on-line experience on our and third-party services, customizing on-line and email advertising and content you see, fulfill and possibly anticipate your requests for products and services, improve our services, contact you, do research, and provide anonymous, aggregated modeling and reporting for internal and external clients.

    E-mail: your email won’t be sold, e.g. for email ad campaigns; rather, we may send you messages – up to one per week – in suitable form and layout – e.g. HTML newsletter – with ads content and visible trackers.

    You won’t be offered the option to switch-off or opt-out such on-line and email ads, instead you’ll have knobs on the account control panel to tune some settings for such ads to better suit your taste.

  • 7) Your stuff
    Users retain full ownership of their content.

    You are solely responsible for your conduct and content you generate / upload to / from the Services and your communications with others while using the Services. You retain full ownership to your stuff. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services. This permission also extends to trusted third-parties and/or business partners we work with to provide the Services, with compatible privacy policy.
  • 8) Sharing
    b-sm@rk Ltd. is not responsible for losing ownership rights to content shared publicly on the Internet.

    The Services provide features that allow you to share your stuff with others or to make it public. Once shared, you may not be able to reclaim it back in private realm, nor to delete it intentionally or by terminating your account; so consider carefully what you choose to share or make public, and where. In other words, you retain credits but loose ownership on things you share to any extent. MySmark has no responsibility on that.
  • 9) Public stuff – MySmark Community
    b-sm@rk Ltd. does not have obligation to monitor and takes no responsibility for any information accessible through the Services.

    We may offer publicly accessible community services. Be aware that any information you provide in these areas may be accessed and used by others, and may remain entirely even after you cancel your account. We may choose to review public content for compliance with our own and connected parties’ community guidelines, but you acknowledge that MySmark has no obligation to monitor any information on the Services. We are not responsible to any extent for any user information you may be able to access using the Services.
  • 10) Other content
    MySmark takes no responsibility for website or third parties’ sites or resources.

    The Services may contain links to third-party websites or resources. MySmark does not endorse and is not responsible or liable for anything related to such.
  • 11) Security
    The Services are carried out using SSL. Users should be aware of any security issues raised by their browser.

    Generally, all transactions with sensitive data with the Services are carried out using Secure Socket Layer technology (SSL). If your browser raises a security warning while accessing the Services, please do not go on – unless you know your numbers, that is – and contact us.
  • 12) Termination – data retention
    Users’ data is retained as long as they are active. Users can delete their accounts but some information may be retained. b-sm@rk Ltd. has the right to suspend or end Services at any time.

    We will retain your information for as long as your account is active or as needed to provide the Services. You can stop using the Services any time. We reserve the right to suspend or end the Services at any time, with or without cause and with or without notice, though if we suspend or terminate your use, if possible we will try to let you know in advance and help you retrieve data. You acknowledge that upon termination and deletion of your account, some of your data or activity trace may not disappear, because of interrelations / interlocks with other user’s data/activity: in particular, data you shared with others, descriptive or summary data of content (i.e. metadata), your profile(s) may persist even for long time, though never as personally identifiable data. Also, we have no control on data you choose to share in any way to third party services.
  • 13) Business transfers
    Merger, acquisition, or sale of MySmark may result in user provided information transfer.

    If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you of any change in control or use of your personal information and/or content, or if either become subject to a different Terms, and notify you of the choices you’ll have.
  • 14) Non-private or non-personal information
    b-sm@rk Ltd may share or disclose user’s non-private information.

    We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.
  • 15) Third party Apps and services
    Users can access or use our Services through third party applications and services. Their own terms of use, service and privacy may apply.

    If you happen to access MySmark, and/or upload / share content from MySmark, using third-party applications or services, be aware that they have their own terms of use, service and privacy. It’s your responsibility to check and comply with such terms. Also be aware that uploaded content may only be public. In particular, MySmark and other third-party services may provide means (connectors) to exchange data to some extent and conditions; the connectors we’ve developed can be enabled from the control panel of your account; you may choose then to connect your MySmark account with (an account on) any of such service, by properly configuring the connectors: be aware that certain options may enable background machine-to-machine data exchange, even without you being logged-in to either service. In other words, connected services would be treated as extension of your MySmark account, whose data and resources would be accessible according to connector settings. The converse might also be true, then MySmark would be seen from the other side like a special service extension. The connectors we implement comply with rules set forth by the peer service, though you acknowledge that you are responsible to check that the third-party’s terms of use, service and privacy are acceptable to you, and to set the proper permissions and options according to your needs, as per instructions available on the control panel.
  • 16) MySmark is Available “AS-IS”
    Users acknowledge that they use our Services at their own risk.

    THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.
  • 17) Limitation of Liability
    b-sm@rk Ltd. is not responsible or liable, directly or indirectly, for any damage or loss caused by using our Services.

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF 0,1 OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
  • 18) Modifications
    Users will be notified of any changes to the Terms of Use and Service.

    We may revise these Terms from time to time and the most current version will always be posted on our website. You’ll be notified of revision, if deemed substantial in our sole discretion, to the email address associated with your account and/or online in prominent way. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms, else please stop using the Services.
  • 19) Miscellaneous Legal Terms
    These terms constitute the entire and exclusive agreement between you and b-sm@rk Ltd.

    THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY REPUBLIC OF IRELAND LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF DUBLIN, R.O.I., AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and b-sm@rk Ltd with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. b-sm@rk Ltd’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but b-sm@rk Ltd may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. b-sm@rk Ltd and you are not legal partners or agents; instead, our relationship is that of independent contractors.

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.