Terms Of Use / Privacy / Intellectual Property

Terms of Use Agreement, Conditions, Privacy Policy, and Intellectual Property (collectively “the Terms”)

Welcome Smiles For All, LLC’s (“the Company”, “our”, “we”, “us”, and the like) Site (“the Site”), www.SmilesForAll.com.   The Site is comprised of various web pages operated by the Company, including services (as defined below) offered by the company, including comment/discussion areas and newsletters . The Site is offered to you (“Site user” or “user”) conditioned on your acceptance without modification of the Terms, conditions, and notices contained herein (the “Terms”). Your use of www.SmilesForAll.com constitutes your agreement to all such Terms. Please read the Terms carefully, and keep a copy of them for your reference.

Unless otherwise specifically noted, the Terms reflect the entire agreement (“Agreement”) between you and us with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Company with respect to the Site.

You may not assign or transfer your rights and relationship with us under the Agreement without our prior written consent.  Any such transfer will be null and void.  The Company has the right to transfer or assign this Agreement to any or more than one third party or entity in our sole discretion and without your approval.

www.SmilesForAll.com is a News, Information, Commenting, Humor, and Social Commentary Site.  The Site is a “Good News” Site.  The purpose of the Site is to share information, ideas, and opinions; provide education; and help its users have a fun and hopefully enjoy some laughter.

Visiting www.SmilesForAll.com or sending emails to The Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Before going further, please know we invite and welcome your feedback and ideas for how to make the Site better for all.  If you believe the Company is not adhering to the Terms, please contact us at Smiles For All, LLC, 1397 Second Avenue, #136, New York, NY 10021.  You may also contact us through the Site’s Contact Page,  but notice through the Site shall not constitute legal notice.

You may use www.SmilesForAll.com only if you are of legal age of majority of your state or that, if you are between the age of 13 and the age of majority in your state, that you have the consent of a parent or legal guardian.  When you visit the Site, register to submit content, comment, subscribe to our newsletter, provide information, enter a competition, etc. you represent that you are of legal age of majority in your state or, if you are between the age of 13 and the age of majority in your state, that you have the consent of a parent or legal guardian.  If you learn that your minor child has provided us with personal information without your consent, please contact us.

Some of our services and/or products may over time be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those services and/or products and the Terms will apply to such upgrades.

Please also note that www.SmilesForAll.com is directed to users in the United States.  If you live outside of the U.S., you acknowledge that laws regarding the Internet, data, communications, etc. may vary.  If you use the Site, you agree to use the Site in accordance with U.S. laws, rules, and regulations.  Please also be aware that violating some of the Terms or unauthorized use of the Site may violate certain laws and regulations and could subject you criminal and/or civil proceedings and their associated consequences.

Subject to these Terms, which we amend time to time in our sole discretion without notice other than to post such changes to this page, we hereby do grant you a limited, non-exclusive, non-transferable, personal, and revocable license to use www.SmilesForAll.com strictly in accordance with the Terms.  As a condition of your use of the Site, you warrant to The Company that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Please note that your continued use of the Site after any change to the Terms signifies your acceptance of the new Terms.  The most current version of the Terms will supersede all previous versions, and we encourage you to periodically review the Terms to stay informed of updates.

With or without cause, we have the right to terminate this license to you and your access to the Site and any related services or any portion thereof at any time and without notice.

One of our guiding principles is that constructive and polite expression of different perspectives can be wonderful.  We think that that good people can have very different points of view about the same subject including whether something is funny or not.  Despite everybody’s best efforts, there are some things that we or another contributor might find funny and you might not.  The reverse may also be the case.  It is the Smiles For All policy that in such cases, all can feel respected.  Thanks so much for your understanding and helping to keep the Site a safe place for all.

Please note that if, in our sole discretion, a user does not honor the intended spirit of the Site as outlined above, we reserve the right to deny Site access to and terminate the user account of this person, with or without notice.  In our sole discretion, we also reserve the right to deny access or terminate without notice the account or license to use the Site of any user who in our sole discretion is not operating in the best interest of the Smiles For All, LLC and/or the www.SmilesForAll.com community, as we define it.   Upon termination, you will continue to be bound by any term of the Agreement that could still be applicable (e.g. copyright, security, and privacy, etc.)

These Terms shall apply to all users of www.SmilesForAll.com, including users who are also contributors of video content, information, and other content.  Our Site may make available links and hyperlinks to third party offers, products, service providers, advertisers, and any number of third-party Sites not controlled by the Company. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Site or any association with its operators.  We may also when permitted embed or post on our Site content from YouTube, Vimeo, and other third party Sites.  We are under no obligation to monitor such third party Sites and assume no responsibility for any such third-party Sites, information, materials, products, or services.  If you access any third party Site, service, or content on www.SmilesForAll.com or from www.SmilesForAll.com, you expressly relieve the Company from any and all liability arising from your use of any third-party Sites and/or content as described in this paragraph. The Company encourages you to review the Terms of use and privacy statements of webSites you choose to link to from the Company’s Site so that you can understand how those webSites collect, use, and share your information.

If you use this Site, you are responsible for maintaining the confidentiality of any account information and password and for restricting access to the Site from your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account.

Third party Sites, plugins, and providers deliver certain services (“services”) made available on www.SmilesForAll.com.  A couple examples of these services are www.Disqus.com, our comment/discussion system, and MailChimp.com, our Newsletter Service Provider.  By using any such product, service, or functionality originating from the www.SmilesForAll.com domain, you hereby acknowledge and consent that the Company may share such information and data with the third party.

You further acknowledge that:

1) The content of the pages of this Site is for your general information and use only.  It is subject to change without notice.  All content on the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site is the property of the Company, its suppliers, or licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto unless we have given you prior written consent.

2) We retain all rights, express and otherwise, in trademark and copyrighted material.  Without our express and prior written permission, you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site unless you contributed the content and have proprietary rights in the property as outlined further below. The Company content is not for resale by you. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.  For lack of ambiguity and without in anyway limiting what is a derivative work, posts or re-posts we make to Facebook, Twitter, and other social media of your work or including your work, are considered derivative works.  We are also entitled to make recordings of videos, or separate out the soundtrack of videos, you submit to The Site for use in podcast and other distribution channels however we might distribute them.   Such recordings will also be considered derivative works.

3) Neither we nor any third parties make any warranty or guarantee as to the accuracy, timeliness, reliability, availability, performance, completeness or suitability of the information, materials, graphics, Submissions (as defined below), and services found or offered on the Site for any particular purpose. The Company can make changes to the Site at any time.  The Site is provided on an “As Is” basis without warranty or condition of ay kind.  The Company and/or its supplies hereby disclaim all warranties and conditions with regard to the items in this paragraph including all implied warranties or conditions of fitness for a particular purpose, title, and non-infringement.

4) To the fullest extent allowed by law, your use of the Site and any information or materials on this Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.  The Company, its members, managers, officers, employees, affiliates, agents, and third parties its officers, managers, members, employees, and agents, make no warranty regarding the Site and your use.

5) Without in anyway limiting the above but rather as an example, this Site does and will provide ideas for creating laughter that may or may not succeed should you attempt them.  An idea for creating laughter may only work in the one occasion as described on the Site.  No idea will create laughter in all circumstances or perhaps even in any situation. Should an idea not work, one idea in such circumstances is to offer an apology among other things, although that might not be appropriate in some, many, or all cases.  As noted, your trying any such idea or variation is entirely at your own risk, for which we shall not be liable for any consequence to you or anybody else and the consequences for which you will hold us harmless. 

6) Notwithstanding whether technology enables you to do so, you will not use, display, reproduce in any way, download mirror or frame, republish, or download the Site, any part of the Site, the corporate and Site name, trademark, logo or other proprietary information, or the layout and design of any Site page without our express written consent.

7) It is a violation of the Terms to encourage another person or entity to violate any of the Terms.

For purposes of the Terms, “Submission” is defined to include but is not limited to any story, picture, video, comment, e-mail, podcast or other recording, written piece, link, embed code or embeddable link, or any other item you send to the Company or to the Site (including the Site’s discussion and forum areas as well as any other service on the site) by any form of communication that gets posted (either by the Company or you) as content to the public portion of the Site for users to see or that you submit to Company hoping it will get posted to the public portion of the Site.  For lack of ambiguity, it is a Submission regardless of whether it is posted to the Site.

PLEASE NOTE THAT THE COMPANY HAS NO OBLIGATION TO MONITOR TH SITE.  NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS THE RIGHT TO NOT POST TO THE SITE ANY STORY, VIDEO, PHOTO, COMMENT OR ANY OTHER SUBMISSION TO THE SITE FOR ANY REASON WHATSOEVER.  YOU ALSO ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS THE RIGHT TO REMOVE WITHOUT NOTICE ANY STORY, VIDEO, PHOTO, COMMENT, OR ANY OTHER SUBMISSION ALREADY OR PREVIOUSLY POSTED TO THE SITE.  THE COMPANY HAS THE RIGHT TO CEASE OPERATING ANY PART OF THE SITE AT ANY TIME AND TO DO SO WITHOUT NOTICE.  NO COMPENSATION WILL BE PAID FOR ANY SUBMISSION UNLESS SPECIFIED IN WRITING BY THE COMPANY.

Many users will have permission to make Submissions that will be viewable to all users and the public without the Company’s approval.  The Company is under no obligation to monitor submissions.  Therefore, we do not control or endorse Submissions, and the Company specifically disclaims any liability with regard to Submissions or relating to your use of the Site in any way.

You represent and warrant that you will make no Submission to the Site that:

1) You have reason to believe may be false, inaccurate, or misleading.  Changing certain details to protect the privacy of others or other sensitive information is welcome with appropriate disclosure.  We also appreciate that people do not have perfect recall, so we welcome submissions where content is “to the best of my recollection”.  Ideas for creating funny true stories are welcome.  Anecdotes and certain “jokes” that are not “true” are welcome if they played part of a funny true moment or if included as part of potentially creating a future, funny moment where the joke plays some modest role in the idea.  For lack of ambiguity, the Company does reserve the right to fact-check.  The Company also strongly recommends securing permission of others involved in your story even if you do not use their name(s) or have changed their name(s) to protect their privacy.

2) Is inappropriate to disclose or you have reason to believe may be inappropriate to disclose, e.g. illegal (or that directly or indirectly encourages illegal activity), proprietary or private information, information about any other person or entity you have no consent to disclose, information or opinions that might infringe on the rights of another or cause the person(s) or entity (entities) pain.

3) You are not allowed to share because of any contract limitation, because doing so would violate the privacy of another, because another person might not appreciate it being disclosed, or because it might violate any other duty to another or right of another.

4) Seeks to collect personal information or other data from any user without their express permission.  Nor in other way will you seek to collect such information without express permission of the user.

5) Is anger-laced, profane, indecent, obscene, sexual, hateful, abusive, dangerous, potentially dangerous to a person of any age, may create the risk of harm, loss, damage, or liability to a person or entity or their property, violent, attacking, offensive in any way (including but not limited to racial, religious, creed, nationality, or any group of people), defamatory, libelous, could cause harm, loss, damage, or liability to a person, entity or their property, or might in any way be deemed objectionable.  Although, the Company has the sole and final right to determine when a Submission may be in whole or in part objectionable, we value your input and appreciate your doing everything you can to help keep www.SmilesForAll.com as safe and fun place as possible.  So please let us know if you find a Submission objectionable.  The quickest way to bring a problem comment to our attention is to flag the comment as opposed to objecting to the comment with a Reply Comment.

6) You do not have full rights and all consents needed to post or that violates any third party’s Intellectual Property Rights, privacy rights, or other tangible or intangible, right. You agree to accept full responsibility for and indemnify and hold the Company harmless for any consequence of your or our posting to the Site or publishing a Submission of yours that violates the rights of others outlined in the Terms.

7) That a person could experience as being harassing or stalking.

8) In any way might harm in any way the Company, another user, or any third party.

Again, www.SmilesForAll.com is focused on funny, true, and upbeat content.  We currently do accept funny, true, submissions about situations that were awkward or embarrassing for the submitter.

NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT:

1) As described above, the Site may now or going forward allow you or others to make and/or post Submissions. We may host, share, and publish your Submission in any format or media.  Either way, we make no guarantee of confidentiality.  Unless we agree otherwise in writing or e-mail, we have the right to modify, edit, and make deletions to any Submission, comment, post, or other Submission you might make.  We also have the right to combine your material with other user Submissions as well as our own material and content.

2) You shall be solely responsible for your own Submissions and the consequences of posting or publishing them, regardless of whether you or we post them. In connection with your Submission, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to make the Submission, that you are able to authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submissions or portions thereof, and that you are able to fulfill the your obligation in the next paragraph (“3)”).

3) For lack of ambiguity, you retain your ownership rights in your Submission and are solely responsible for your Submission if and when posted to the Site.  That said, except as specified below, unless we affirm otherwise in writing; by making your Submission, you grant the Company (and its successor’s, officers, affiliates, agents, and other parties we may authorize) a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to display through any media anywhere and to any public or private audience, reproduce or copy, distribute, transmit, use, store, post on another website, modify, sell, transfer, create derivative works from, publicly display and perform, and distribute your Submission for purposes of operating, promoting in any media format whether or not now in existence or not, and developing the Company’s business. Stated simply, we have a perpetual, irrevocable right to use your Submission as we wish except as explicitly specified below.  Without in any way limiting what is a derivative work, derivative works of your Submission can include use in promotion or advertising, inclusion in newsletters, books, theatrical performances, creation of podcasts or videos from your Submissions, posts or re-posts we make to Facebook, Twitter, and other social media of your work.  Additionally, we are also entitled to make recordings of videos, or separate out the soundtrack of videos,  you submit to The Site for use in podcast and other distribution channels however we might distribute them (unless you advise with your submission that you would not like us to do this or this is precluded by the terms of use of any 3rd-party site from which we might embed your Submission).  Such recordings will also be considered derivative works.

Unless we agree in writing, nothing in these Terms shall restrict any other right we may have in your or other user Submissions.  It is understood that you also grant each user of the Company’s Site a non-exclusive license to access your Submission through the Site, and to use, reproduce, share and create derivative works, as the Company shall permit.  For lack of ambiguity, posts or re-posts we make to Facebook, Twitter, and other social media of your work or including your work are considered derivative works.

It is also possible that in accordance or not in accordance with the Terms, other parties including other Site users may have used, shared, forwarded, copied, created distributed works, or posted to other Sites some or all of your submissions.  You agree that our authorized users and other parties operating in accordance with our Terms shall be under no obligation to return or cease using your Submission or any part thereof, and neither they nor we will be liable in any way for the use of your Submission.  The Company is also under no obligation to pursue or take action against any third party who is using your Submission not in accordance with the Terms, and in no way will you attempt to hold us liable for any damage to you as a result of the use of your Submission by any authorized or unauthorized party.

Notwithstanding anything in the above paragraph, we will comply with all intellectual property laws, rules, and regulations.  Additionally, should we provide a link to your content on a third party web-Site or embed your content on the Site as allowed by the terms of third party Sites (e.g. YouTube, Vimeo, etc.), we will comply with the terms of these third party Sites.

4) This Site contains material which is owned by, licensed to, or on other Terms provided to us. This material includes, but is not limited to, the design, layout, look, appearance, stories, comments, videos, pictures, graphics, etc. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and conditions.

5) Not all submissions, posts, comments, videos, photos and or other Site content and designs will appeal to you.  www.SmilesForAll.com is a humor Site, and what is funny to one person may not be funny to all people or even other people.  www.SmilesForAll.com allows users to post submissions including comments without previous review by the Company.  Whether a Submission of any type is or is not reviewed and/or edited by the Company, you agree that the nature of humor and humor on the internet is that you or any other user of the Site may not appreciate or might even take offense at one or more comments, posts, videos, pictures, graphics, other content, or other feature of the Site.  It is your choice to use the Site, and you agree to hold us harmless should any aspect of your experience of the Site make you uncomfortable.  That said, we would be grateful if you would inform us should something happen on the Site that makes you uncomfortable.  Please be aware that even in such circumstances we are under no obligation to remove or modify any content on the Site, and we will not be liable to you for any consequence to you should we decide to take no action.

6) Except as expressly provided in these Terms or allowed by  the site technology; you agree not to use, modify, reproduce, copy, forward, distribute, sell, license, or otherwise use the Site or other services without our permission.

7) When using the Site, you will view content submitted from many people, publications, and other sources.  The Company assumes no responsibility for the truthfulness, accuracy, usefulness, intellectual property rights, and/or safety of and/or relating to these submissions and any recommendations, advice, and/or suggestions contained in them.  Further, you affirm that you may be exposed to Submissions that you and others may find inaccurate, offensive, indecent, or inappropriate in any number of ways.  Notwithstanding anything to the contrary in these Terms, you agree that the Company disclaims any and all liability with regard to Submissions, and you agree to waive and do hereby waive any legal, equitable, or any other rights or remedies you have or may have against The Company with respect thereto, and you agree to indemnify and hold the Company (and successors) and its members, managers, officers, employees, vendors, contractors, subcontractors, affiliates, licensors, and licensees harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

8) The Company may have competitions based on any number of factors where cash prizes might be offered.  In order for you to collect any such cash prize, you will first need to provide us with any completed tax form as required by the government and we may reasonably request.  Such form, currently, but subject to change based on government and other requirements, is the Form W-9.  This form requires you to provide your name, address, social security number or other information, signature, etc.   If you do not provide this information within one week of our announcing that you are a winner in a competition and our sending to your provided e-mail address a notice celebrating your accomplishment, we will no longer be obligated to provide you with the cash prize.  At any time, we reserve the right to change the rules of any competition and the details of the competition.  As and when required by law, we will send notice to the government of your cash prize(s).  WITHOUT PROVIDING ANY TAX ADVICE, WE ENCOURAGE ALL CASH PRIZE WINNERS TO CHECK WITH THEIR ACCOUNTANTS REGARDING THE POSSIBILITY THAT CASH PRIZES ARE TAXABLE INCOME.

SECURITY AND PRIVACY

The security and privacy of you and our other users is important to us.  We ask you to notify us immediately if you feel there has been any compromise or inappropriate use of your account, information, or data.  Despite our efforts to safeguard your data, we make no guarantee that a third party or parties will not overcome these efforts and access your data for their purposes.

You acknowledge the security, privacy, and other risks of using the Site and agree to assume any and all risk from using the Site or any Company service.  There are risks inherent in using the Internet as well as any specific Site.  To the fullest extent allowed by law, the Company assumes no liability or responsibility for any personal injury, loss or damage or property damage or loss resulting from your use of our Site and/or providing your personal data (name, email address, etc.) to the Company; resulting from the consequence of any unauthorized use of or access to our Site and servicers by you or another party; and/or resulting from any stoppage of communication to and from our Site including spam, corrupted software and other files, harvesting or web scraping, service shutdowns or cessation of services, any viruses, Trojan Horses, Bugs, malicious attacks by third parties, etc.

When using our Site, you may provide us with your e-mail address.  As a core and general principle, we only wish for you to receive emails and newsletters that you opt-in to receive.  That said we might send general e-mails to all who have provided their email address on matters such as security and privacy, Site maintenance, new services, updates, surveys, etc.  We might also send general communications to groups of users who share a common interest.

The Company does not sell, rent or lease its User list or lists to third parties.

To assist us in this effort, you agree that:

1) You are responsible for the activity in your account and will inform us within 48 hours of any unauthorized use of your account.  You will not access another user’s account without their permission, collect or store any personally identifiable information, or solicit a user or users of the Site for your own purposes.

2) You will not to attempt to use, access, index, or search the Site; scrape or download submissions or any Site data or content; upload any information, Submission, content, links, reposts and the like to the Site; or otherwise communicate in any way with the Site and our servers with any automated system, including without limitation, robots, spiders, offline readers, scripts, engine, data mining tools, robots, spiders, offline readers, and that accesses the Site in a manner that sends communications to our server(s) other than provided by the Site or with a traditional third party internet browser and then only a rate in line with how fast one person can do so with such browser.  For lack of ambiguity, in accordance with the rest of this paragraph, you may search the Site with its built in search and indexing capabilities.

Notwithstanding the above, the Company grants public search engines permission to use spiders to copy information and content from the Site for the purpose of creating publicly available searchable indices of Site.  Such permission does not extend to caches or archives of such materials. We can revoke all and any such public search engine permission to index the Site and any time without notice.

3) You will not alter any Submission made by another user.

4) You will not access or download any information from the Site or any internally or externally maintained Company database.

5) You will not collect or store any personally identifiable information from the Site, from other users of the Site without their express permission.

6) Except as explicitly authorized by us in writing, you will not to use the Site in any way for your or another’s benefit including soliciting Site users through Submissions, email, Company online and newsletter or other mailings, advertising, or the like for any purpose including regarding their Submissions.  Without in any way limiting the foregoing, you will not send or post spam on any part of the Site or Company communication to a user. Without the Company’s express and prior written permission, you will also not use the Site or user information to send an email, advertisement, pyramid scheme, chain letter, or other communication to any user.

7) You will not attempt to intrude, interfere with, or otherwise use the non-public areas of the Site, the Company’s systems and infrastructure, any Site user’s computers, or any affiliated or associated party’s (including our vendors’) infrastructures and systems.

8) You will not interfere with, try get around, thwart, uninstall, tamper with, or penetrate any security or other measure we or an authorized third party has put in place to safeguard the Site and its users.

9) Without our express written permission, you will not make any effort attempt to view or test the security of our Site or any component of our technology (hardware, software, communications, etc.) and security including those of our vendors and other providers.

10) When making a Submission to the Site or otherwise, you will not interfere with any aspect of our host, network, communications; other aspects of our internal and external software and hardware infrastructure; or any other third party’s systems (including third party providers and other Site users).  You will not interrupt or otherwise disturb access to the Site, any Site capability, or the convenience of any user.  For clarity, prohibited methods of doing these precluded activities include but are not limited to sending or uploading viruses and corrupted files; using damaging software on the site; damaging our software; overloading or flooding the Site; scraping, harvesting, spamming, mail bombing the Site and any associated service; engaging unsolicited advertising or other communications to our users; or sending deceptive communications or misleading Submissions including those that inaccurately represent who you are.  (Notwithstanding the previous sentence, individual Users are allowed to use a “Screen” or “User Name” instead of their real names, as is customary practice on Internet Information websites.)

The following goes into greater detail about your information, data, and Site activity, all of which we may use in the operation of the Site.

As noted, the Company may collect personally identifiable information, such as your name, e-mail address, etc. We may gather additional personal or non-personal information, now and in the future, much but not all of which you might provide.  The Company may automatically collect information about your computer hardware and software.

As does any Internet site, the Site may automatically collect information about your computer hardware, software, and data or information. This information can include but not be limited to: your IP address, browser type, domain names, access times, and referring website addresses.  We will also keep track of Site activity such as pages users visit, comments, ratings, etc.  This information is used for the operation of the service, to maintain quality of the service, to provide general statistics to third parties regarding use of the Site, and to provide customized content and advertising to users whose on-Site behavior and/or expressed preferences indicate interest in particular content.

The way you access our services and your own browser settings may determine the data and information our servers (we) we may collect.  We have the right to use cookies or similar techniques to capture your data and personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

These cookies can uniquely identify your browser, its settings, and other information.  We may use session (server-side) cookies or persistent (client-side) cookies.  Our use of cookies allows us to analyze Site activity and enhance our offerings.  Cookies can enhance the quality of and convenience of your subsequent visits to the Site.  For example, if you chose to make a Submission to the Site, a cookie will allow the Site to recognize your browser so that you need not reenter your personal information each time you visit the Site.

Cookies provide us with no information about your name, address, or e-mail.  Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline some or all cookies if you prefer.  Declining cookies could impact the functioning of the Site and other websites for you.  We may gather information including but not limited to the following information your browser, smartphone, or other device sends when you communicate with or access the Site: the pages you visit on the Site, your activity on the Site, your ratings of Submissions, source of your visit to the Site (i.e. advertisement we placed or Site from which you linked from to visit the Site), your host and IP address, your browser, and login information.

We have implemented Google’s Display Advertising Analytics Demographics and Interest Reporting.  You can opt-out of Display Advertising and customize ads by using Ads Settings.  You can also opt out of Google Analytics through the Google Analytics opt-out browser add-on.

In using the Site and our services, you may chose to provide us with– in which case we will capture and store– your name, address, email address, social security number (if you wish to collect a competition cash prize), photos, videos, preferred content and interests, user names, passwords, demographic information, and any number of other items of your personal data.  You may also transfer information to us (and others) when you link to us through Facebook, Twitter, LinkedIn, and other social media services (in accordance with your privacy settings on those third party Sites). If you do not want information about you to be shared in this manner, do not use this feature.

We may also use actions tags and GIFS (Web Beacons) to track user activity.

If you are an international user, you agree that any data provided by you (including your browser and related information) is transferred to the United States.

Some of the information described above may be collected by third party service providers on our behalf, e.g. providers of newsletter mailing, comment/discussion, and other services.

We are and will be trying over time to achieve numerous goals in collecting this information over time.  First, this information is useful in enhancing Site security and the quality of the Site experience for you and other users.  This data can be helpful in tailoring and customizing your experience and the experiences of other Site users.   Personalizing your experience might include customizing Site landing pages, newsletters, emails, advertising, response to your inquiries, and other communications we hope might be of interest to you.

Please note: www.SmilesForAll.com can and over time expects to have third-party advertising on the Site, newsletters, and other services.  Without receiving specific information like your name and e-mail; third party advertisers, ad network, and ad servers use a variety of technologies including cookies to target your browser with the ads and links you see on our Site as well as to measure the success of such efforts.  By capturing your IP address, either when visiting www.SmilesForAll.com or other Sites not under our control as well your activity on the Site or other Sites, advertisers are able to target ads to you on the Site (and other Sites as well).  Advertisers may use and we may provide data regarding Site use to target ads to you.  Occasionally, we may contact you on behalf of a third party or third party business partner about a particularly offering that may be of interest to you.  While we may allow advertising on communications from the Company or on the Site based on the collected information or data; we will not sell, provide, or otherwise deliver to any third party such data for them to conduct e-mail or other similar campaigns directly from them to you.  We in no way assume any responsibility for or guarantee any product or service advertised on or linked to through the Site.  We are in no way a party to any transaction between you and a third party.

We may provide your data, including personally identifiable data to a variety of third parties in connection with delivering the Site, the Site’s capabilities, other Company services, and operating the Company’s business.  By way of example, such third parties may include but will not be limited to our outside web hosting company or companies, Site and back-up providers, lawyers, security providers and advisors, those that help perform statistical analyses, consultants, other experts, newsletter or other outside email and newsletter service providers, database providers, advertisers as appropriate, the Site’s Disqus comment/discussion plugin system, other plugins, etc.

As we deem appropriate in the operation of the Company’s business and Site, we may share certain data with other parties to help them evaluate the success of their contribution to or relationship with the Site, the desirability of doing business or partnering with the Company.

Finally, we have the right to disclose your information to a third party if we reasonably believe that such disclosure is necessary to comply with a law, regulation, court order or other legal request; to protect the safety, rights, or property of the public, any person, the Site, or the Company; or to detect, prevent, or otherwise address fraud, security or technical issues.

The Company also reserves the right to disclose to any third party personally identifiable information and/or non-personally-identifiable information (including but not limited to any of the above information) that the Company believes, in good faith, is appropriate or necessary to enforce the Terms; aid any government enforcement body; take precautions against and reduce the risk of liability or fraud; help investigate and defend the Company its members, managers, officers, employees, affiliates, agents, and third parties against any claims or allegations; protect the security and integrity of the Site; and protect the rights, property, or personal safety of the Company and its users, members, managers, officers, employees, affiliates, agents, and third parties.

Without in anyway limiting the forgoing, we may share any of your information with any third party with your consent.  This includes sharing information with other services (like Facebook or Twitter) when you have chosen (in other words given your consent) to link your www.SmilesForAll.com account to those services, and/or publish your activity on www.SmilesForAll.com to them, and/or post to www.SmilesForAll.com through these other services.

Any rights we have under the Terms, including the right to disclose your personal information, may be transferred to any third party in our sole discretion.  This includes but is not limited to engaging in a takeover, merger, distribution, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding or the due diligence process for such a transaction or proceeding that involves the transfer of your information or data to a third party.  If and when this happens, such third party or parties will then determine how your data is handled and used.

To the fullest extent required by law, you hereby agree to not try to hold us responsible, hold us harmless, and hereby release us from any cause of action or liability resulting from the disclosure of any of your data or information by us or any third party.

Intellectual Property, Copyrights, Trademarks

The Company places the utmost importance on protecting the intellectual property rights of all parties including your rights, all third parties’ rights, and the Company’s rights.  You agree to do likewise, meaning you agree to not infringe on the copyrights, trademarks, and other rights of the Company and any other party.

If you are concerned that someone may be inappropriately using a trademark or other intellectual property right of yours, please contact us immediately.

In our sole discretion we will take any measure we feel warranted including temporarily or permanently removing the infringing item.

If you are a copyright owner, you can report any alleged violation by notifying our Copyright Agent by mailing us at Smiles For All, LLC, Attn: Designated Copyright Agent, 1397 Second Ave, #136, New York, NY 10036.  It may be helpful for you to inform us though the Site’s Contact Page although doing so will not constitute legal notice.

Per the DMCA Notice of Alleged Infringement, please provide us with

1) Electronic or physical signature of the copyright owner or authorized agent.

2) Identification of the copyrighted work that you claim has been infringed.

3) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material (for example, by providing a URL to the material).

4) Your name, address, telephone number, and email address.

5) 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

6) A statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

We are no obligation to inform you, as a user of the Site, that we have removed a Submission, post, comment, etc. or yours because of an alleged or determined copyright violation.  If you receive a notification that any item you have submitted to the Site has been removed due to a copyright complaint, it means that your Submission has been deleted from the Site at the request of the alleged copyright owner and/or in our sole discretion.  While we have discretion to close your account or block your access to the Site for any reason, we will likely do so for repeated copyright, trademark, or other intellectual property rights violations.

Note: You may find the text of the Digital Millennium Copyright Act of 1998 at http://www.copyright.gov/legislation/dmca.pdf.

No affiliation, endorsement, or sponsorship with any third person or party is implied anywhere in a story, post, comment, or other Submission, specifically disclosed.  Unless otherwise disclosed, we receive no monetary compensation for including any specific person, brand, product, or service in any post or comment or for any award we may grant.  This does not preclude the Site from being paid for advertising or other services.

Indemnification and Limitation

You agree to defend, indemnify, and hold harmless the Company, its members, managers, officers, employees, affiliates, agents, and third parties (collectively “The Company” for purposes of this paragraph) from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, fees, and expenses to defend The Company from any third party action, and other expenses, including, without limitation, reasonable legal and accounting fees that we may incur as a result of your use of the Site and its services, your inability to use the Site or services, any Submissions made by you, your violation of any the Terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Company in asserting any available defenses.

To the fullest extent allowed by law, in no event shall the Company, its members, managers, employees, affiliates, agents, and third parties (collectively “The Company” for purposes of this paragraph) be liable to you for any direct, indirect, incidental, special, consequential, tangible, intangible, compensatory, punitive, or other damage or damages arising out of or resulting in any way from your use of the Site, your Submission to the Site, your interaction with the Site or Company or any service on the site, any action we take that we are permitted to take under the Terms (such as terminate your access to the Site), any communication from the Site or Company to you (including e-mails and newsletters) and from you to the Company or Site– whether based on contract, tort, negligence, strict liability or otherwise, even if the Company has been advised of the possibility of damages.

In no way limiting anything else in the Terms, you acknowledge that you bear the full risk of your Submissions as well as any consequence of any action taken or not taken by the Company, any other user of the Site, or any third party.  You further agree that should some fault by the Company be determined, total fees and expenses, damages (including punitive), and other will be limited to a combined $1,000.

If you are dissatisfied with any portion of the Site or with any of the Terms, your sole and exclusive remedy is to discontinue using the Site.

Other

The Company is under no obligation to and makes warranty that it will provide you with any level of customer service.

You agree that any dispute between you as a user of our Site and we that we cannot resolve among ourselves will be adjudicated through binding arbitration in New York City at the American Arbitration Association and in accordance with the rules of the American Arbitration Association.  In addition to any damages awarded, the prevailing party in any arbitration will be entitled to recover reasonable legal, accounting, expert witness and other fees incurred as a result of the arbitration.  Notwithstanding this arbitration clause, nothing in this document will permit any party from filing for injunctive or equitably relief, again with the prevailing party’s costs being paid by the non-prevailing party.  Any action you chose to commence regarding any disagreement or aspect of the Site must be initiated within 9 months of the cause of your action.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Site. The Company’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Company with respect to such use. If any part of this agreement 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.

No waiver or series of waivers by the Company or failure to assert any right or provision of these Terms will in any way constitute a waiver of such right or provisions.

We may amend these Terms at any time.  Your use of the Site at any time indicates your acceptance of such revised Terms.

You may contact or send notices to us at Smiles For All, LLC, 1397 Second Avenue, #136, New York, NY 10021.  We may send notices to you at your e-mail address or to any other address of yours.

The Terms are effective as of August 6, 2014

Smiles For All