smiley360.com Terms of Service Agreement

Welcome to the smiley360.com web site. These terms of service (referred to in this document as "TOS") govern all use of the smiley360.com web site (referred to in this document as "Site"), including interactive resources such as user profiles, blogs and chat groups (which we call collectively the "Communication Platform"). These TOS also govern your membership in smiley360.com. Please read these TOS carefully as they contain important information regarding your legal rights and obligations.

By using the Site, by registering with smiley360.com, and/or by becoming a member of smiley360.com, you agree to be bound by these TOS. smiley360.com reserves the right, in its sole discretion, to change, modify, add to, or delete from these TOS at any time by posting a revised version of these TOS on this page. Each version of these TOS will indicate at the top of this page the date they were last revised. Your continued use of the Site, or your subsequent registration or entry into membership, after any revised version of these TOS is posted constitutes your acceptance of the revised version. Notwithstanding the foregoing, if you are a member of smiley360.com, smiley360.com will directly notify you of any revised version of these TOS and will seek your specific consent in order to keep your account active.

If you do not understand these or any future TOS or if you do not or cannot agree to these or any future TOS, do not use or access (or continue to use or access) the Site.

1. Membership. smiley360.com offers you the option of joining as a member. Membership is governed by these TOS.
2. Privacy. Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use smiley360.com to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions
3. Communication Platform. smiley360.com may offer a Communication Platform and/or other resources at our Site and elsewhere. smiley360.com may require you to register with us for access to some or all of these resources. You will be prompted at the time you seek to access these resources if registration is required
4. Sharing Your Content and Information. If you are a member of smiley360.com, smiley360.com may use selected content for third-party purposes. Smiley360.com will never disclose account information or personal identification as outlined in the Privacy Policy without written permission. You can control how it is shared through your privacy and application settings. In addition:
   1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with smiley360.com("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
   2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
   3. When you add an application and use the Communication Platform, your content and information is shared with the application. We require applications to respect your privacy settings, but your agreement with that application will control how the application can use the content and information you share. (To learn more about our Communication Platform, read our About Communication Platform page.)
   4. When you publish content or information using the "everyone" setting, it means that everyone, including people off of smiley360.com will have access to that information and we may not have control over what they do with it.
   5. We always appreciate your feedback or other suggestions about smiley360.com but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
5. Account Information. You must provide valid and accurate registration and account information, and you must keep your information up to date, particularly your email and mailing addresses. You may not use smiley360.com if you are a convicted sex offender. You will not transfer your account to anyone without first getting our written permission. If you select a user name that infringes the rights of a third party (such as when a trademark owner complains) and the user name does not closely relate to your actual name, we reserve the right to remove or reclaim it if we believe it appropriate. We may refuse, suspend, or terminate your membership and/or your access to some or all of our Site and services if you fail to comply with these TOS.
6. Sharing of Account Information. You may not share your username or password. You are responsible for any use or misuse of our Site and/or your membership account that is undertaken by someone using your username and password (unless such person improperly obtained your username and password from us).
7. Minimum Age. You must be at least thirteen (13) years old to use the Site, and by using the Site, you represent and warrant that you are at least thirteen (13) years old. Any use of the Site, including any registration or attempted entry into membership, by anyone under thirteen (13) years old is unauthorized and is a violation of these TOS.
8. Safety. We do our best to keep smiley360.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments
   1. You will not send or otherwise post unauthorized commercial communications (such as spam) on smiley360.com.
   2. You will not collect users' content or information, or otherwise access smiley360.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
   3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on smiley360.com
   4. You will not upload viruses or other malicious code.
   5. You will not solicit login information or access an account belonging to someone else.
   6. You will not bully, intimidate, or harass any user.
   7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
   8. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
   9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on smiley360.com.
   10. You will not use smiley360.com to do anything unlawful, misleading, malicious, or discriminatory.
   11. You will not do anything that could disable, overburden, or impair the proper working of smiley360.com, such as a denial of service attack.
   12. You will not facilitate or encourage any violations of these TOS.
   13. If you collect information from users, you will: obtain their consent, make it clear you (and not smiley360.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
   14. You will not post anyone's identification documents or sensitive financial information on smiley360.com.
9. Communication Platform. smiley360.com may offer a Communication Platform, and smiley360.com reserves the right to charge fees for access to some or all of it. smiley360.com may add, remove, and/or change content, functions, features, and/or services associated with the Site and/or the Communication Platform at any time and without notice. smiley360.com maintains the Site (including the Communication Platform) for your personal information, education, and entertainment. You are permitted to use the Site for this purpose. It is strictly prohibited to use the Site or any content (including the text, images, audio and/or video) of the Site for any other purpose, including any public or commercial purpose, without our express permission. It is strictly prohibited to reproduce, distribute, modify, transmit, publicly display, reuse, re-post, or "frame" the Site or any content of the Site without smiley360.com's prior written consent. All rights not expressly granted by smiley360.com in these TOS are reserved to smiley360.com and/or its licensors, as applicable.
10. No Representation of Accuracy. smiley360.com does not control the information and/or data posted by any users of the Site, and we do not vouch for the accuracy, integrity, or quality of any such information and/or data. smiley360.com does not endorse any opinions expressed by any users of the Site. We do not undertake any obligation to monitor the information and/or data posted by any users of the Site, and our removal of information and/or data in specific circumstances shall not be deemed a general undertaking to monitor. You acknowledge that you may be exposed to information that you find offensive or otherwise objectionable. We may provide information to help you identify certain postings as advertisements, but we cannot assure that we will be able to do so in all cases, and you are ultimately responsible for determining the validity and reliability of any information that you read on the Site.
11. smiley360.com Disclaimer of Liability. You agree that under no circumstance will smiley360.com, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way in connection with (a) any information or data posted by any users of the Site, including without limitation errors or omissions in such information or data; (b) any loss or damage of any kind incurred as a result of the use by you or a third party of any such information or data; or (c) any failure to correct or remove information or data.
12. Supplementation of TOS. You acknowledge that smiley360.com may establish day-to-day operational practices that supplement these TOS, and smiley360.com may implement and change these practices from time to time with or without notice. Such practices may include, for example, periodic deletion of information posted to the Communication Platform and logging off users who are inactive for an extended period of time during a login session. You acknowledge that smiley360.com has no responsibility for the storage or deletion, or the failure to store or delete, of any information or data.
13. Face to Face Meetings. The Communication Platform may enable users to arrange physical meetings (as distinguished from online meetings) or other in-person gatherings. smiley360.com does not control or monitor the formation or conduct of these meetings, and smiley360.com has no control over the actions of any individuals at those meetings. You should use caution and good judgment when considering attending any such meetings, as you would attending any meeting of persons you do not know. You agree that under no circumstance will smiley360.com, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way in connection with your attendance at (or travel to or from) any such meeting.

TRADEMARKS

1. The term Trademarks means all registered and common law trademarks, service marks, trade names, trade dress, logos, Internet domain names, and other indications of origin owned by smiley360.com, whether currently or in the future.
2. The look and feel of the Site, including the Communication Platform, as well as all page headers, graphics, button icons, and scripts, is the proprietary trade dress of smiley360.com and may not be copied, imitated, or used, in whole or in part, without the prior written consent of smiley360.com.
3. Nothing contained herein grants or shall be construed to grant you any rights to use any Trademarks, including without limitation as a domain name or part of a domain name or as a metatag, keyword, or other type of programming code.
4. All other trademarks, service marks, logos and the like that are used or appear on the Site are the property of their respective owners. Reference on the Site to any product or service by name on the Site does not constitute or imply endorsement, sponsorship, or recommendation of the product or service by smiley360.com, unless expressly so stated.
5. You may not use any of the Trademarks to create a link to the Site without the prior written consent of smiley360.com.

Copyrights

1. The content (text, images, audio, and video, as applicable) of the Site as well as the underlying programming code to create the Site is owned by us, is protected under copyright law, and may not be copied, reproduced, distributed, modified, or publicly displayed
2. Nothing contained herein grants or shall be construed to grant you any rights to use any of the content of the Site or its underlying programming code.
3. Protecting Other People's Rights. We respect other people's rights, and expect you to do the same.
   1. You will not post content or take any action on smiley360.com that infringes or violates someone else's rights or otherwise violates the law.
   2. We can remove any content or information you post on smiley360.com if we believe that it violates these TOS.
   3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
   4. If you believe that your copyrighted work appears on the Site in a manner that constitutes copyright infringement, please notify us and provide all of the information set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3). We will promptly follow the take-down procedures set forth in the Copyright Act, and we will notify you of any counter-notice that we receive. Our designated agent for receipt of these notices is member.support@smiley360.com.

Special Provisions Applicable to Developers/Operators of Applications and Websites.

1. If you are a developer or operator of a Communications Platform application or website, the following additional terms apply to you:
   1. You are responsible for your application and its content and all uses you make of the Communications Platform. This includes ensuring your application or use of the Communications Platform meets our Platform Policies and our Advertising Guidelines.
   2. Your access to and use of data you receive from smiley360.com, will be limited as follows:
      1. You will only request data you need to operate your application.
      2. You will have a privacy policy or otherwise make it clear to users what user data you are going to use and how you will use, display, or share that data.
      3. You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
      4. You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings.
      5. You will delete all data you received from us relating to any user who deauthorizes, disconnects, or otherwise disassociates from your application unless otherwise permitted in our Platform Policies.
      6. You will delete all data you received from smiley360.com if we disable your application or ask you to do so.
      7. We can require you to update any data you have received from us.
      8. We can limit your access to data.
      9. You will not transfer the data you receive from us (or enable that data to be transferred) without our prior consent.
   3. You will not give us information that you independently collect from a user or a user's content without that user's consent.
   4. You will make it easy for users to remove or disconnect from your application.
   5. You will make it easy for users to contact you. We can also share your email address with users.
   6. You will provide customer support for your application.
   7. You will not show third party ads or web search boxes on smiley360.com user profiles or Pages.
   8. We give you all rights necessary to use the code, Application Programming Interfaces (APIs) (along with all data received), or tools we provide to you, but only in connection with your application.
   9. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
   10. You will not misrepresent your relationship with smiley360.com to others.
   11. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Platform Policies.
   12. We can issue a press release describing our relationship with you.
   13. You will comply with all applicable laws. In particular you will (if applicable):
       1. have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
       2. comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with smiley360.com user data subject to the VPPA. You acknowledge smiley360.com has no obligations under the VPPA.
   14. We do not guarantee that the Communications Platform will always be free.
   15. You give us all rights necessary to enable your application to work with smiley360.com, including the right to incorporate content you provide to us into streams, profiles, and user action stories.
   16. You give us the right to link to or frame your application and place content, including ads, around your application.
   17. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
   18. To ensure your application is safe for users, we can audit it.
   19. We can create applications that offer similar features and services to, or otherwise compete with, your application.

About Advertisements on smiley360.com.

1. Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
   1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
   2. We do not give your content or information to advertisers without your consent.
   3. You understand that we may not always identify paid services and communications as such.

Special Provisions Applicable to Advertisers

1. . You can target your specific audience by buying ads on smiley360.com. The following additional terms apply to you if you place an order through our online advertising portal ("Order"):
   1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
   2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
   3. Your ads will comply with our Advertising Guidelines.
   4. We will determine the size, placement, and positioning of your ads.
   5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
   6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
   7. You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
   8. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
   9. We can use your ads and related content and information for marketing or promotional purposes.
   10. You will not issue any press release or make public statements about your relationship with smiley360.com without written permission.
   11. We may reject or remove any ad for any reason.
   12. If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
       1. You warrant that you have the legal authority to bind the advertiser to this Statement.
       2. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

Special Provisions Relating to Product Endorsements.

1. If you use the Communications Platform to express opinions about products or services, and you are being compensated to express those opinions, you may be considered an endorser. The following additional terms apply to endorsers:
   1. Your postings must express your honest opinions, findings, beliefs or experience.
   2. You may not convey any express or implied representation that is deceptive, or express any false or misleading claim
   3. If you represent that you use the product or service in question, you must be an actual bona fide user.
   4. You must clearly and conspicuously disclose if you are receiving compensation for providing your endorsement, or if you have any other commercial relationship with the manufacturer or provider of the product or service in question.
2. Special Provisions Relating to Users Outside of the United States. We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
   1. You consent to having your personal data transferred to and processed in the United States.
   2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on smiley360.com (such as advertising or payments) or operate a Communications Platform application or website.

Restriction and Termination of Use.

1. smiley360.com may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in smiley360.com's discretion, without cause, without prior notice, and without liability to you.
2. Limitations and Disclaimers
   1. WE TRY TO KEEP smiley360.com UP, BUG-FREE, AND SAFE, BUT YOUR USE OF THE SITE, INCLUDING THE COMMUNICATION PLATFORM, IS AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT smiley360.com WILL BE SAFE OR SECURE. smiley360.com IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES. NONE OF smiley360.com, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, ADVISERS, AFFILIATES, SUBSIDIARIES, AND ITS THIRD-PARTY PARTNERS IS OR WILL BE LIABLE TO YOU FOR ANY HARM ARISING OUT OF YOUR ACCESS TO OR USE OF OR OUT OF YOUR INABILITY TO ACCESS OR USE THE SITE. IN ADDITION, WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." OUR MAXIMUM LIABILITY TO YOU FOR ANY REASON OR CAUSE SHALL BE U.S. $10 (TEN DOLLARS). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
   2. smiley360.com makes no warranty that the Site will meet your expectations or needs, that your access to the Site will be uninterrupted or that the Site will be free from errors or defect (or that errors or defects will be corrected)
   3. The Site may contain links to third-party sites. smiley360.com has not reviewed all of the third-parties to which the Site may be linked, and smiley360.com is not responsible for the content of any of those sites. The presence of links from the Site should not be construed as endorsement, sponsorship, or approval of those sites. Use of those sites is at your own risk and subject to the terms of service that govern those sites.

Indemnification.

1. You agree to indemnify, defend, and hold harmless smiley360.com, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries, and its third-party partners from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney fees and costs, arising in any manner out of or in connection with your use of the Site, including without limitation as a result of content you post to the Communication Platform.

Other Terms

1. These TOS constitute the entire agreement between you and smiley360.com relating to the subject matter hereof, and they supersede any prior agreements between you and smiley360.com relating to the same. The failure of smiley360.com to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these TOS is held invalid, the remainder of the TOS shall continue in full force and effect. If any provision of these TOS shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under these TOS to anyone else without our consent. All of our rights and obligations under these TOS are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these TOS shall prevent us from complying with the law. These TOS do not confer any third party beneficiary rights.
2. These TOS and the relationship between you and smiley360.com shall be governed by the laws of the State of New Jersey, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these TOS shall be heard exclusively by the state or federal courts sitting in New Jersey. You hereby submit to the personal jurisdiction of those courts and waive any objection as to venue or the convenience of those courts.
3. If you are a member or registered user, any legal notice relating to these TOS shall be sent to the email address associated with your account. Any legal notice to us shall be sent to member.support@smiley360.com

smiley360.com Member Agreement

Every smiley360.com member must agree to the following before signing up:

1. I will always disclose when sharing through smiley360.com that I have been compensated with free samples of products.

2. I will be truthful in my statements and make sure they can be substantiated.

3. I will speak from actual personal experience in my own words.

4. I will abide by the standards of the smiley360.com user community and keep my posted content free of pornography, obscenity, violence, racially or ethnically offensive content, and/or material which violates copyright law.

5. I understand that I am subject to liability for false or unsubstantiated statements made through endorsements, (in other words, always be honest!) or for failing to disclose material connections between myself and my endorsers. (In other words, always state it directly whenever you've been sent a free sample!)