2.The Smile Lifestyle Policies; Additional Terms and Conditions
3. Accessing the Sites and Account Security
We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or to the entire Sites, from users. We may update the content on the Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.
You are responsible for:
- Making all arrangements necessary for you to have access to the Sites.
To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current and complete.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account and/or internet browser at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5. Intellectual Property Rights
The content of the Site includes, without limitation, (i) The Smile Lifestyle trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “The Smile Lifestyle Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications, and tools, texts, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i), (ii) and (iii) shall be collectively referred to herein as “The Smile Lifestyle Content”). The Smile Lifestyle Content is the property of The Smile Lifestyle, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of The Smile Lifestyle Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the owner of such content if The Smile Lifestyle is not the owner. Any use of The Smile Lifestyle Marks without The Smile Lifestyle's express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in The Smile Lifestyle Content, including any such notices appearing on The Smile Lifestyle Content you are permitted to download, transmit, display, print, or reproduce from the Sites.
6. License Grant
7. License Restrictions
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer and mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Sites.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites.
You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.
If you wish to make any use of material on the Sites other than that set out in this section, please address your request to: firstname.lastname@example.org
8. Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate The Smile Lifestyle, a The Smile Lifestyle employee, another user or any other person or entity (including, without limitation, by using e-mail addresses (or screen names) associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm The Smile Lifestyle or users of the Sites or expose them to liability.
Additionally, you agree not to:
- Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.
- Use any robot, spider or other automatic devices, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
- Use any manual process to monitor or copy any of the material on the Sites for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Sites.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer or database connected to the Sites.
- Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, attempt to interfere with the proper working of the Sites.
9. User Contributions
The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, contest, sweepstakes or promotions, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Sites.
Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not The Smile Lifestyle, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites.
10. Monitoring and Enforcement
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
11. The Smile Lifestyle Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with the use and enjoyment of the Sites by other users or with our operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through any registration form on the Sites. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, we reserve the right to terminate your access and use of the Sites. You warrant you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites. Without limiting the foregoing, you agree not to upload, download, post, email, transmit, or otherwise make available any content, including through any attachments thereto, that:
- Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Is likely to deceive any person.
- Promotes any illegal activity, or advocates, promotes or assists any unlawful act.
- Causes annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person.
- Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
- Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or unsolicited or unauthorized advertising.
- Gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Intentionally or unintentionally violates regulations promulgated by the U.S. Securities and Exchange Commission, any rules or any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
12. Copyright Infringement
The Smile Lifestyle respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Smile Lifestyle the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Sites;
- your address, telephone number and 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; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Smile Lifestyle notice for claims of copyright or intellectual property infringement can be sent to:
Javitusa Media, LLC
1115 E. Jersey Street
Elizabeth, NJ 07201
By E-Mail: email@example.com
13. Reliance on Information Posted
The information presented on or through the Sites is made available solely for general information purposes, is generic in nature, is not intended as individual advice and is not financial or legal advice. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents. The Smile Lifestyle shall not be obligated to correct or update the Sites or The Smile Lifestyle Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.
14. Linking to the Sites and Social Media Features
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, promotion or endorsement on our part without our express written consent.
The Sites may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Sites.
- Send e-mails or other communications with certain content, or links to certain content, on the Sites.
- Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.
- Establish a link from any website that is not owned by you.
- Cause the Sites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
15. Third Party Information; Links from the Sites
If the Sites contain materials, information, products, and services provided by third parties. Any such information, including but not limited to, articles, opinions, offers, advice, statements, services, or other information made available by third parties such as content providers and other users of the Sites, are those of the respective third party and not of The Smile Lifestyle or its affiliates. The Smile Lifestyle makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products. We are not responsible, or liable, to you or any third party, for the content or accuracy of any material provided by any third party. Links to other sites and resources provided by third parties are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The appearance of third party links is not intended to endorse any particular company or product.
The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. The Smile Lifestyle shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, The Smile Lifestyle shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transaction you have with any third party advertisers.
17. Geographic Restrictions
The Smile Lifestyle is based in the state of New Jersey in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of their content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
18. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITES, OR ON ANY WEBSITE LINKED TO THE SITES.
YOUR USE OF THE SITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.
22. Governing Law
23. Limitation on Time to File Claims
24. Waiver and Severability
25. Entire Agreement
26. Contact Information