Terms of Use

By using the [Smilesfilm.com] website and Smilesfilm application (individually and collectively with any other elements of the [Smilesfilm.com] website and application, the “Service”) you are agreeing to be bound by the following terms and conditions ("Terms of Use").
 

Basic Terms

  1. You must be 13 years or older to use this site.
  2. You may not post nude, partially nude, or sexually suggestive photos.
  3. You must not abuse, harass, threaten, impersonate or intimidate other Service users.
  4. You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  5. You are solely responsible for your conduct and any photos, links or other content ("Content") that you submit, post, and display on the Service.
  6. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
  7. You must not access the Service’s private API by any other means other than the Service application itself.
  8. You must not crawl, scrape, or otherwise cache any content from the Service including but not limited to user profiles and photos.
  9. You must not create or submit unwanted email or comments to any Service users ("Spam").
  10. You must not use web URLs in your name without prior written consent from Yoko Ono.
  11. You must not transmit any worms or viruses or any code of a destructive nature.
  12. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  13. Violation of any of these agreements will result in the termination of your ability to submit Content to or access the Service and any account, if any, associated with you provided by the Service. While the Service prohibits such conduct and content on its site, you understand and agree that the Service cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Service at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will post such change on our website and, if applicable, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Proprietary Rights in Content on the Service

  1. We do NOT claim ANY ownership rights in the Content that you post on or through the Service. By displaying or publishing ("posting") any Content on or through the Service, you hereby grant to us (and our licensees, affiliates and assigns) a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Content in any media formats through any media channels.
  2. In the event the Service is supported by advertising revenue and/or displays advertisements and promotions, you hereby agree that we may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Service.
  4. The Service contains our Content ("Our Content"). Our Content is protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in Our Content and the Service. We hereby grant you a limited, revocable, nonsublicensable license to reproduce and display the Content (excluding any software code) solely for your personal use in connection with viewing the Service.
  5. The Service contains Content of Users and our licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service.
  6. We perform technical functions necessary to offer the Service, including but not limited to transcoding and/or reformatting Content to allow its use through the Service.
  7. Although Service is normally available, there will be occasions when the Service will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our control. Also, although we will normally only delete Content that violates this Agreement, we reserve the right to delete any Content for any reason, without prior notice. Deleted content may be stored by us in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your Content. In other words, we are not a backup service. We will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content.

Privacy Policy

We operate [smilesfilms.com]. It is our policy to respect your privacy regarding any information we may collect while operating our website. For purposes hereof, “website” includes any additional websites or services we operate relating to [smilesfilms.com].
 

Website Visitors

Like most website operators, we collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Our purpose in collecting non-personally identifying information is to better understand how our visitors use our website. From time to time, we may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

We also collect potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on our posts. We only disclose logged in user and commenter IP addresses under the same circumstances that we use and disclose personally-identifying information as described below.

Gathering of Personally-Identifying Information

Certain visitors to our website may choose to interact with us in ways that require us to gather personally-identifying information. The amount and type of information that we gather will depend on the nature of the interaction. For example, we may ask visitors who sign up for an account on http://smilesfilms.com to provide a username and email address. In each case, we collect such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with us. We do not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

 

Aggregated Statistics

We may collect statistics about the behavior of visitors to our website. We may display this information publicly or provide it to others. However, we do not disclose personally-identifying information other than as described below.
 

Protection of Certain Personally-Identifying Information

We disclose potentially personally-identifying and personally-identifying information only to those of our employees, contractors and affiliated organizations that (i) need to know that information in order to process it on our behalf or to provide services available at our website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using our website, you consent to the transfer of such information to them. We will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, we disclose potentially personally-identifying and personally-identifying information only when required to do so by law, or when we believe in good faith that disclosure is reasonably necessary to protect our property or rights, third parties or the public at large. If you are a registered user of our website and have supplied your email address, we may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with us. We expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. We take all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
 

Cookies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. We use cookies to help us identify and track visitors, their usage of our website, and their website access preferences. Our visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our website, with the drawback that certain features of our website may not function properly without the aid of cookies.
 

Ads

Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by us and does not cover the use of cookies by any advertisers.
 

Privacy Policy Changes

Although most changes are likely to be minor, we may change our Privacy Policy from time to time, and in our sole discretion. We encourage visitors to frequently check this page for any changes to our Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

 

 

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