Welcome to Smilingual ® website. Smilingual, LLC, and its affiliates, including Smilingual, LLC, and their respective affiliates (collectively, “Smilingual”, “we”, “us” or “our”) owns and/or operates the www.Smilingual.com. These websites together with other websites owned, operated, or controlled by Smilingual are referred to herein, individually and collectively, as the “Website”. Smilingual provides the Website and our products and services to you subject to the following conditions.
Smilingual makes reasonable efforts to provide accurate and timely information on the Website. While we believe the information is reliable, we are not guaranteeing that the information is always up to date or contains all the relevant information available.
You must be 18 years or older to use, register for an account, transmit/submit/post any content, material or personally identifiable information or place an order on the Website. If you are under 18 or under the legal age to enter into enforceable contracts in the jurisdiction from which you are accessing the Website, you may use the Website only with consent of a parent or guardian. By submitting information or content on the Website you represent that you meet this age restriction and Smilingual provides you access to the Website subject to your compliance with these Terms.
Please review our Products Policy, which also governs your purchase of products through the Website for more information on the terms and conditions of sale for our SMILINGUAL® products. Prices are in US dollars unless otherwise noted. Smilingual reserves the right to change prices on any product or products, and to discontinue any services or products provided through the Website at any time.
CONTRIBUTORS ARE INDEPENDENT CONTRACTORS
The Smilingual contributors (the “Contributors”) are independent contractors. The Contributors are not our agents, partners, or employees. They do not have any right to speak for us or on our behalf, or bind us to any contracts or obligations. We are not responsible for any of the acts or omissions of the Contributors, including, without limitation, in connection with their provision of products or services to you or fulfillment of orders placed by you through the Website, or in a SMILINGUAL® store.
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of Smilingual or its licensors or content suppliers and protected by copyright, trademark and other applicable laws in the United States and other jurisdictions.
SMILINGUAL®, and the Smilingual Logo are registered trademarks of Smilingual, LLC. This is not intended to be a complete list of all of Smilingual trademarks, and Smilingual owns or controls the proprietary rights in trademarks not listed here and in one or more countries outside the United States. The Smilingual.com, Smilingual.net, Smilingual.org, Smilingual.biz, Smilingual.global, Smilingual.mobi, and related variations of Smilingual and the domain names of Smilingual’s other websites are the property of Smilingual. All Smilingual ® trademarks, copyrights, trade dress and/or intellectual property used on the Website may not be used in connection with any product or service that is not offered for sale or otherwise provided by Smilingual or by its Contributors, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames Smilingual or the Website. All other trademarks, services marks, logos, designs, and trade dress, not owned by Smilingual that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smilingual.
LICENSE, LIMITATIONS ON USE AND SITE ACCESS
Smilingual grants you a limited license to access the Website for normal browsing only, and to download (for cacheing purposes only) or print a copy of the materials on the Website for your personal use only provided that you:
- Keep intact all copyright and other proprietary notices.
- Do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with Smilngual.
- Do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Smilingual).
- Do not make any modifications to the material. Except as expressly provided in this paragraph or as provided in the Section 11 below entitled ” Further Limitations on Use – Contributors Areas “, you may not download (other than page cacheing), modify, copy, reproduce, republish, post, resell, upload, transmit or distribute material or any portion of it from the Website, except with express written consent of Smilingual™.The limited use license granted herein does not include any right for resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. We may grant you, at our sole discretion, a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website provided that:
- You do not use the Smilingual™ logo or other proprietary graphic or trademark as part of the link without our express written permission.
- The link does not portray Smilingual™ or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
- You do not use the link in a manner that would compete with or damage the goodwill associated with Smilingual™.
- You do not use or post the link in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Smilingual). To request our permission to create a hyperlink to the home page of the Website, please contact us at:
2665 N. Atlantic Avenue
Daytona Beach, FL 32118 USA
In addition, you agree not to:
- Use or access the Website for any purpose that is unlawful or prohibited by these Terms.
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smilingual™, or our subsidiaries or our affiliates without express written consent of Smilingual™.
- Use any meta tags or any other “hidden text” utilizing SMILINGUAL™ trade names, trademarks, service marks or logos without the express written consent of Smilingual™.
- Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Smilingual without the express written consent of Smilingual™.
- Use or access the Website in a manner that could damage, disable, overburden, or impair any Smilingual™ server or the networks connected to any Smilingual server.
- Interfere with any third party’s use and enjoyment of the Website.
- Attempt to gain unauthorized access to the Website, accounts, computer systems, or networks connected to any Smilingual™ server through hacking, password mining, or any other means.
- Sublicense any license granted in or to materials on the Website under these Terms (whether or not any of such acts are for commercial gain or advantage).
- Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Website unless specifically authorized in writing by the owner of the software to do so.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
YOUR SMILE MILES ACCOUNT – USER AND CORPORATE ACCOUNTS
You may create an account for your personal use (” User Account “) or for your organization’s use (“Corporate Account”). Creating a User Account or Corporate Account (collectively, the “Accounts”) entitles you receive some great benefits, including to receive notice of special offers, to participate in the Smilingual ™ Smile Miles Program, to maintain an address book for recipients of SMILINGUAL™ products, to set reminders for birthdays or special occasions, or to view your order history. To obtain an Account, you will be required to submit an online or other registration form, which may ask for, without limitation, your name, address, email address, age and gender. You will also be required to choose a username and password or access code (collectively, the “Password”). You agree to:
- Provide current, complete, true and accurate information.
- Maintain and update your information as required to keep it current, complete and accurate.
If you create an Account, you agree:
- That you are over the age of eighteen and have the authority to create an Account in your name.
- That you are and shall be responsible for maintaining the confidentiality and security of your Account and Password, and for restricting access to your computer and your Password.
- Not to transfer, lease, assign, or sublicense any Password without Smilinguals’ prior written consent.
- Not to circumvent the password restrictions on the Website, nor allow others to do so on your behalf.
- Not to use anyone else’s Password.
- To notify Smilingual immediately upon discovery or suspicion of compromise of the confidentiality of any Password.
You acknowledge and agree that you shall be solely liable and responsible for all activities that occur under your Account or Password. You further agree that Smilingual shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Account or Password by you or anyone other than Smilingual.
OPEN AREAS AND SMILE MILES MEMBER REGISTERED AREAS
Most areas of the Website may be accessible without password access control (“Open Areas”). However, some areas of the Website are strictly reserved for Registered user’s and access only (“Registered Areas”). You agree not to attempt to gain unauthorized entry into the Registered Areas.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users may post or communicate reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information on or through the Website (collectively, the “Submission”). You agree not to post e-mails or submit to or publish through the Website or otherwise make available on the Website any content (including any Submission), or act in a way, which in our opinion:
- Is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, pornographic, racist, abusive, harassing, threatening, offensive, stalking, or otherwise injurious to the legal rights (such as rights of privacy and publicity) of third parties or objectionable.
- Includes programs which contain or consist of software viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.
- Amounts to political campaigning, commercial solicitation, “pyramid” or similar scheme; surveys, chain letters, junk email, mass mailings, or any form of “spam” (commercial or otherwise).
- Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.
- Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity.
- Violates any law or the Terms, or may be considered to violate any law or the Terms.
- Transmits confidential or proprietary information under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement) or otherwise contains unsolicited proprietary ideas.
- Advocates or promotes illegal activity.
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content.
- Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Website.
- Solicits funds, advertisers or sponsors.
- Involves spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of SMILINGUAL, LLC’ personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, forging any TCP/IP packet header or any part of the header information in any e-mail or other posting, using a false e-mail address, or impersonating any person or entity.
- Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website.
- Copies any other pages or images on the Website except with appropriate authority.
- Includes MP3, audio, or other media format files.
- Amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files which are only linked from other sites.
- Disobeys any policy or regulations established from time to time regarding use of the Website or any networks connected to the Website.
- Contains links to other sites that contain the kind of content, which falls within the descriptions set out above.
Smilingual reserves the right (but not the obligation) to review, remove or edit such content or any Submission which Smilingual in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate. However, you acknowledge and agree that we do not regularly review posted Submissions or other content and that we are not under any obligation to control or monitor any Submissions published by you or any other Website users. Smilingual takes no responsibility and assumes no liability for any Submission made or content posted by you or any third party. Smilingual reserves the right to terminate your access to any or all of the Website and the ability to post or communicate a Submission at any time, without notice, for any reason whatsoever. Smilingual also reserves the right at all times to disclose any information as Smilingual deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Smilinguals’ sole discretion. Always use caution when giving out any personally identifiable information in any Submission. Smilingual does not control or endorse the content, messages or information found in any Submission and, therefore, Smilingual is not liable or responsible with regard to the Submissions and any actions resulting from your or a third party’s participation in any Submission.
If you do post or make a Submission, you agree that it will forever be the property of Smilingual and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. Smilingual will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Smilingual operations. Without limitation, Smilingual will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You hereby grant Smilingual and future Franchisees the right to use the name that you submit in connection with such Submission. You represent and warrant that you own or otherwise control all of the rights to the Submission.
EMAIL AND OTHER COMMUNICATIONS
In connection with your use of the Website, you consent to Smilingual recording any communication, electronic or otherwise, between you and Smilingual and retaining any Submission you make while using the Website. Please do not send any time-sensitive Submission or other communications by e-mail to Smilingual as we cannot be responsible for responding to any such communications.
You agree to indemnify and hold harmless, Smilingual, LLC, its affiliates and subsidiaries, and all of their respective managers, members, directors, officers, agents, employees, suppliers, vendors, Franchisees, and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys fees, whether in tort, in contract or otherwise, that it or any of them may incur by reason of or arising out of any claim, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of these Terms or your use, authorized or unauthorized, of the Website.
You expressly acknowledge that the Website may contain links to other websites not controlled, operated or owned by Smilingual. Unless otherwise expressly provided by Smilingual, Smilingual provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such websites, and explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through any such linked website. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked website.
DISCLAIMER OF WARRANTIES
THE WEBSITE, THE INFORMATION AND MATERIALS CONTAINED ARE PROVIDED BY SMILINGUAL ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMILINGUAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS, INCLUDED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SMILINGUAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE WEBSITE, AND ON THE INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. SMILINGUAL DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM SMILINGUAL; ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT DEFECTS WILL BE CORRECTED. SMILINGUAL, LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMILINGUAL MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.
LIMITATION OF LIABILITY
Smilingual reserves the right, in its sole discretion, to terminate or suspend any Password, Account, access, or ability to use the Website at any time without notice. Upon such termination, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately
- Discontinue use of the applicable Website.
Smilingual may seek to gather information from the user of the Website who is suspected of violating this Agreement, and from any other user of the Website. Smilingual may suspend access or use by any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate, without notice. If Smilingual believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and Passwords, terminate accounts or take other corrective action it deems appropriate. Smilingual will fully cooperate with any law enforcement authorities or court order requesting or directing Smilingual to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Agreement.
YOU WAIVE AND HOLD HARMLESS SMILINGUAL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SMILINGUAL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SMILINGUAL OR LAW ENFORCEMENT AUTHORITIES.
AGENT FOR NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
Smilingual respects the intellectual property rights of authors. To assist copyright owners, Smilingual has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with a Website. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address:
Attn: Copyright Agent
2665 N. Atlantic Avenue
Daytona Beach, FL 32118 USA
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:
- Your address, telephone number and e-mail address.
- Identification of the copyrighted work (or works) that you claim has been infringed.
- A description of the material that you claim is infringing the copyrighted work.
- A clear description of where the infringing material is located on the Website, including its URL, so that Smilingual can locate the material.
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
We may assign our rights and obligations under this Agreement, without notice, to (i) any affiliate of Smilingual, or (ii) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of Smilingual or any affiliate of Smilingual. This Agreement may not be assigned by you without our prior written consent.
GOVERNING LAW AND JURISDICTION
The website (excluding linked web sites) is controlled by Smilingual from its offices within United States. Smilingual makes no representations or warranties that the information, products or services contained on the Website are appropriate for use or access in locations other than the United States.
2665 N. Atlantic Avenue
Daytona Beach, FL 32118 USA
Effective Date: October 12, 2010
© 2014-2018. Smilingual, LLC. All rights reserved.
Smilingual™, the Smile Logo, and other marks mentioned herein are registered trademarks of Smilingual, LLC. All rights reserved.