Terms of Use
The website located at https://smilelovestories.blogspot.com
is a copyrighted work belonging to “Smile Love Stories”. Certain features of
the Site may be subject to additional guidelines, terms, or rules, which will
be posted on the Site in connection with such features.
All such additional terms,
guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use
described the legally binding terms and conditions that oversee your use of the
Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and
you represent that you have the authority and capacity to enter into these
Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU
DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE
THE SITE.
These terms require the
use of arbitration Section 10.2 on an individual basis to resolve disputes and
also limit the remedies available to you in the event of a dispute.
Accounts
Account Creation. For you to use the
Site, you have to start an account and provide information about yourself. You
warrant that: (a) all required registration information you submit is truthful,
up-to-date and accurate; (b) you will maintain the accuracy of such
information. You may delete your Account at any time by following the
instructions on the Site. The company may suspend or terminate your Account in
accordance with Section.
Account Responsibilities. You are responsible
for maintaining the confidentiality of your Account login information and are
fully responsible for all activities that occur under your Account. You approve
to immediately notify the Company of any unauthorized use, or suspected
unauthorized use of your Account. The company cannot and will not be liable for
any loss or damage arising from your failure to comply with the above
requirements.
Access to the Site
Subject to these Terms. Company grants you
a non-transferable, non-exclusive, revocable, limited license to access the
Site solely for your own personal, non-commercial use.
Certain Restrictions. The rights approved
to you in these Terms are subject to the following restrictions: (a) you shall
not sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Site; (b) you shall not change, make derivative works
of, disassemble, reverse compile or reverse engineer any part of the Site; (c)
you shall not access the Site in order to build a similar or competitive
website; and (d) except as expressly stated herein, no part of the Site may be
copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means unless otherwise indicated, any future
release, update, or other addition to functionality of the Site shall be
subject to these Terms. All copyright and other proprietary notices on the Site
must be retained on all copies thereof.
Company reserves the right
to change, suspend, or cease the Site with or without notice to you. You approved
that Company will not be held liable to you or any third-party for any change,
interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that
Company will have no obligation to provide you with any support in connection
with the Site.
Excluding any User Content
that you may provide, you are aware that all the intellectual property rights,
including copyrights, patents, trademarks, and trade secrets, in the Site and
its content, are owned by Company or Company's suppliers. Note that these Terms
and access to the Site do not give you any rights, title or interest in or to
any intellectual property rights, except for the limited access rights
expressed in Section 2.1. Company and its suppliers reserve all rights not granted
in these Terms.
User Content
User Content. “User Content” means
any and all information and content that a user submits to the Site. You are
exclusively responsible for your User Content. You bear all risks associated
with the use of your User Content. You hereby certify that your User Content
does not violate our Acceptable Use Policy. You may not represent or imply to
others that your User Content is in any way provided, sponsored or endorsed by
Company. Because you alone are responsible for your User Content, you may
expose yourself to liability. The company is not obliged to backup any User
Content that you post; also, your User Content may be deleted at any time
without prior notice to you. You are solely responsible for making your own
backup copies of your User Content if you desire.
You hereby grant to
Company an irreversible, non-exclusive, royalty-free and fully paid, worldwide
license to reproduce, distribute, publicly display and perform, prepare
derivative works of, incorporate into other works, and otherwise use and
exploit your User Content, and to grant sub-licenses of the foregoing rights,
solely for the purposes of including your User Content in the Site. You hereby
irreversibly waive any claims and assertions of moral rights or attribution
with respect to your User Content.
Acceptable Use Policy. The following terms
constitute our “Acceptable Use Policy”: You agree not to use the Site to
collect, upload, transmit, display, or distribute any User Content (i) that
violates any third-party right or any intellectual property or proprietary
right; (ii) that is unlawful, harassing, abusive, tortious, threatening,
harmful, invasive of another's privacy, vulgar, defamatory, false,
intentionally misleading, trade libelous, pornographic, obscene, patently
offensive, promotes racism, bigotry, hatred, or physical harm of any kind
against any group or individual; (iii) that is harmful to minors in any way; or
(iv) that is in violation of any law, regulation, or obligations or
restrictions imposed by any third party.
In addition, you agree not
to: (i) upload, transmit, or distribute to or through the Site any software
intended to damage or alter a computer system or data; (ii) send through the
Site unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of duplicative or
unsolicited messages; (iii) use the Site to harvest, collect, gather or
assemble information or data regarding other users without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or networks
connected to the Site, or violate the regulations, policies or procedures of
such networks; (v) attempt to gain unauthorized access to the Site, whether
through password mining or any other means; (vi) harass or interfere with any
other user's use and enjoyment of the Site; or (vi) use software or automated
agents or scripts to produce multiple accounts on the Site, or to generate
automated searches, requests, or queries to the Site.
We reserve the right to
review any User Content and to investigate and/or take appropriate action
against you in our sole discretion if you violate the Acceptable Use Policy or
any other provision of these Terms or otherwise create liability for us or any
other person. Such action may include removing or modifying your User Content,
terminating your Account in accordance with Section 8, and/or reporting you to
law enforcement authorities.
If you provide Company
with any feedback or suggestions regarding the Site, you hereby assign to
Company all rights in such Feedback and agree that Company shall have the right
to use and fully exploit such Feedback and related information in any manner it
believes appropriate. The company will treat any Feedback you provide to Company
as non-confidential and non-proprietary.
You agree to indemnify and
hold Company and its officers, employees, and agents harmless, including costs
and attorneys' fees, from any claim or demand made by any third-party due to or
arising out of (a) your use of the Site, (b) your violation of these Terms, (c)
your violation of applicable laws or regulations or (d) your User Content.
Company reserves the right to assume the exclusive defence and control of any
matter for which you are required to indemnify us, and you agree to cooperate
with our defence of these claims. You agree not to settle any matter without
the prior written consent of Company. The company will use reasonable efforts
to notify you of any such claim, action or proceeding upon becoming aware of
it.
Third-Party Links &
Ads; Other Users
Third-Party Links &
Ads. The Site may
contain links to third-party websites and services, and/or display
advertisements for third-parties. Such Third-Party Links & Ads are not
under the control of Company, and Company is not responsible for any
Third-Party Links & Ads. The company provides access to these Third-Party
Links & Ads only as a convenience to you and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to Third-Party
Links & Ads. You use all Third-Party Links & Ads at your own risk and
should apply a suitable level of caution and discretion in doing so. When you
click on any of the Third-Party Links & Ads, the applicable third party's
terms and policies apply, including the third party's privacy and data
gathering practices.
Other Users. Each Site user is
solely responsible for any and all of its own User Content. Because we do not
control User Content, you acknowledge and agree that we are not responsible for
any User Content, whether provided by you or by others. You agree that Company
will not be responsible for any loss or damage incurred as the result of any
such interactions. If there is a dispute between you and any Site user, we are
under no obligation to become involved.
You hereby release and
forever discharge the Company and our officers, employees, agents, successors,
and assigns from, and hereby waive and relinquish, each and every past, present
and future dispute, claim, controversy, demand, right, obligation, liability,
action and cause of action of every kind and nature, that has arisen or arises
directly or indirectly out of, or that relates directly or indirectly to, the
Site. If you are a California resident, you hereby waive California civil code section
1542 in connection with the foregoing, which states: “a general release does
not extend to claims which the creditor does not know or suspect to exist in
his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor.”
Cookies and Web Beacons. Like any other
website, Website Name uses ‘cookies'. These cookies are used to store
information including visitors' preferences, and the pages on the website that
the visitor accessed or visited. The information is used to optimize the users'
experience by customizing our web page content based on visitors' browser type
and/or other information.
Google DoubleClick DART
Cookie. Google is one of a third-party vendor on our site. It also uses cookies,
known as DART cookies, to serve ads to our site visitors based upon their visit
to www.website.com and other sites on the internet. However, visitors may
choose to decline the use of DART cookies by visiting the Google ad and content
network Privacy Policy at the following URL –
https://policies.google.com/technologies/ads
Our Advertising Partners. Some of the
advertisers on our site may use cookies and web beacons. Our advertising
partners are listed below. Each of our advertising partners has their own
Privacy Policy for their policies on user data. For easier access, we
hyperlinked to their Privacy Policies below.
Google
https://policies.google.com/technologies/ads
Disclaimers
The site is provided on an
“as-is” and “as available” basis, and company and our suppliers expressly
disclaim any and all warranties and conditions of any kind, whether express,
implied, or statutory, including all warranties or conditions of merchantability,
fitness for a particular purpose, title, quiet enjoyment, accuracy, or
non-infringement. We and our suppliers make not guarantee that the site will
meet your requirements, will be available on an uninterrupted, timely, secure,
or error-free basis, or will be accurate, reliable, free of viruses or other
harmful code, complete, legal, or safe. If applicable law requires any
warranties with respect to the site, all such warranties are limited in
duration to ninety (90) days from the date of first use.
Some jurisdictions do not
allow the exclusion of implied warranties so the above exclusion may not apply
to you. Some jurisdictions do not allow limitations on how long an implied
warranty lasts so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent
permitted by law, in no event shall company or our suppliers be liable to you
or any third-party for any lost profits, lost data, costs of procurement of
substitute products, or any indirect, consequential, exemplary, incidental, special
or punitive damages arising from or relating to these terms or your use of, or
incapability to use the site even if company has been advised of the
possibility of such damages. Access to and use of the site is at your own
discretion and risk, and you will be solely responsible for any damage to your
device or computer system, or loss of data resulting therefrom.
Term and Termination. Subject to this
Section, these Terms will remain in full force and effect while you use the
Site. We may suspend or terminate your rights to use the Site at any time for
any reason at our sole discretion, including for any use of the Site in
violation of these Terms. Upon termination of your rights under these Terms,
your Account and right to access and use the Site will terminate immediately.
You understand that any termination of your Account may involve deletion of
your User Content associated with your Account from our live databases. The
company will not have any liability whatsoever to you for any termination of
your rights under these Terms. Even after your rights under these Terms are
terminated, the following provisions of these Terms will remain in effect:
Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy
Company respects the
intellectual property of others and asks that users of our Site do the same. In
connection with our Site, we have adopted and implemented a policy respecting
copyright law that provides for the removal of any infringing materials and for
the termination of users of our online Site who are repeat infringers of
intellectual property rights, including copyrights. If you believe that one of
our users is, through the use of our Site, unlawfully infringing the
copyright(s) in a work, and wish to have the allegedly infringing material
removed, the following information in the form of a written notification
(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright
Agent:
* Your physical or
electronic signature;
* Identification of the
copyrighted work(s) that you claim to have been infringed;
* Identification of the
material on our services that you claim is infringing and that you request us
to remove;
* Sufficient information
to permit us to locate such material;
* Your address, telephone
number, and e-mail address;
* A statement that you
have a good faith belief that use of the objectionable material is not
authorized by the copyright owner, its agent, or under the law; and
* A statement that the
information in the notification is accurate, and under penalty of perjury, that
you are either the owner of the copyright that has allegedly been infringed or
that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant
to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written
notification automatically subjects the complaining party to liability for any
damages, costs and attorney's fees incurred by us in connection with the
written notification and allegation of copyright infringement.
General
These Terms are subject to
occasional revision, and if we make any substantial changes, we may notify you
by sending you an e-mail to the last e-mail address you provided to us and/or
by prominently posting notice of the changes on our Site. You are responsible
for providing us with your most current e-mail address. In the event that the
last e-mail address that you have provided us is not valid our dispatch of the
e-mail containing such notice will nonetheless constitute effective notice of
the changes described in the notice. Any changes to these Terms will be
effective upon the earliest of thirty (30) calendar days following our dispatch
of an e-mail notice to you or thirty (30) calendar days following our posting
of notice of the changes on our Site. These changes will be effective
immediately for new users of our Site. Continued use of our Site following
notice of such changes shall indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this
Arbitration Agreement carefully. It is part of your contract with Company and
affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION
AND A CLASS ACTION WAIVER.
Applicability of
Arbitration Agreement. All claims and disputes in connection with the Terms or
the use of any product or service provided by the Company that cannot be
resolved informally or in small claims court shall be resolved by binding arbitration
on an individual basis under the terms of this Arbitration Agreement. Unless
otherwise agreed to, all arbitration proceedings shall be held in English. This
Arbitration Agreement applies to you and the Company, and to any subsidiaries,
affiliates, agents, employees, predecessors in interest, successors, and
assigns, as well as all authorized or unauthorized users or beneficiaries of
services or goods provided under the Terms.
Notice Requirement and
Informal Dispute Resolution. Before either party may seek arbitration, the
party must first send to the other party a written Notice of Dispute describing
the nature and basis of the claim or dispute and the requested relief. A Notice
to the Company should be sent to Company Address. After the Notice is received,
you and the Company may attempt to resolve the claim or dispute informally. If
you and the Company do not resolve the claim or dispute within thirty (30) days
after the Notice is received, either party may begin an arbitration proceeding.
The amount of any settlement offer made by any party may not be disclosed to
the arbitrator until after the arbitrator has determined the amount of the
award to which either party is entitled.
Arbitration Rules. The arbitration
shall be initiated through the American Arbitration Association, an established
alternative dispute resolution provider that offers arbitration as set forth in
this section. If AAA is not available to arbitrate, the parties shall agree to select
an alternative ADR Provider. The rules of the ADR Provider shall govern all
aspects of the arbitration except to the extent such rules are in conflict with
the Terms. The AAA Consumer Arbitration Rules governing the arbitration are
available online at adr.org or by calling the AAA at 1-800-778-7879. The
arbitration shall be conducted by a single, neutral arbitrator. Any claims or
disputes where the total amount of the award sought is less than Ten Thousand
U.S. Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking relief.
For claims or disputes where the total amount of the award sought is Ten
Thousand U.S. Dollars (the US $10,000.00) or more, the right to a hearing will
be determined by the Arbitration Rules. Any hearing will be held in a location
within 100 miles of your residence unless you reside outside of the United
States, and unless the parties agree otherwise. If you reside outside of the
U.S., the arbitrator shall give the parties reasonable notice of the date, time
and place of any oral hearings. Any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. If the
arbitrator grants you an award that is greater than the last settlement offer
that the Company made to you prior to the initiation of arbitration, the
Company will pay you the greater of the award or $2,500.00. Each party shall
bear its own costs and disbursements arising out of the arbitration and shall
pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for
Non-Appearance Based Arbitration. If non-appearance based arbitration is
elected, the arbitration shall be conducted by telephone, online and/or based
solely on written submissions; the specific manner shall be chosen by the party
initiating the arbitration. The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the
Company pursues arbitration, the arbitration action must be initiated and/or
demanded within the statute of limitations and within any deadline imposed
under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is
initiated, the arbitrator will decide the rights and liabilities of you and the
Company, and the dispute will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the authority
to grant motions dispositive of all or part of any claim. The arbitrator shall
have the authority to award monetary damages and to grant any non-monetary
remedy or relief available to an individual under applicable law, the AAA
Rules, and the Terms. The arbitrator shall issue a written award and statement
of decision describing the essential findings and conclusions on which the
award is based. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of the
arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY
WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL
IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes
shall be resolved by arbitration under this Arbitration Agreement. Arbitration
procedures are typically more limited, more efficient and less expensive than
rules applicable in a court and are subject to very limited review by a court.
In the event, any litigation should arise between you and the Company in any
state or federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute is resolved by a judge.
Waiver of Class or
Consolidated Actions. All claims and disputes within the scope of this
arbitration agreement must be arbitrated or litigated on an individual basis
and not on a class basis, and claims of more than one customer or a user cannot
be arbitrated or litigated jointly or consolidated with those of any other
customer or user.
Confidentiality. All aspects of the
arbitration proceeding shall be strictly confidential. The parties agree to
maintain confidentiality unless otherwise required by law. This paragraph shall
not prevent a party from submitting to a court of law any information necessary
to enforce this Agreement, to enforce an arbitration award, or to seek
injunctive or equitable relief.
Severability. If any part or parts
of this Arbitration Agreement are found under the law to be invalid or
unenforceable by a court of competent jurisdiction, then such specific part or
parts shall be of no force and effect and shall be severed and the remainder of
the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the
rights and limitations set forth in this Arbitration Agreement may be waived by
the party against whom the claim is asserted. Such waiver shall not waive or
affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration
Agreement will survive the termination of your relationship with Company.
Small Claims Court. Nonetheless the
foregoing, either you or the Company may bring an individual action in small
claims court.
Emergency Equitable
Relief. Anyhow the foregoing, either party may seek emergency equitable relief
before a state or federal court in order to maintain the status quo pending
arbitration. A request for interim measures shall not be deemed a waiver of any
other rights or obligations under this Arbitration Agreement.
Claims Not Subject to
Arbitration. Notwithstanding the foregoing, claims of defamation,
violation of the Computer Fraud and Abuse Act, and infringement or
misappropriation of the other party's patent, copyright, trademark or trade
secrets shall not be subject to this Arbitration Agreement.
In any circumstances where
the foregoing Arbitration Agreement permits the parties to litigate in court,
the parties hereby agree to submit to the personal jurisdiction of the courts
located within Netherlands County, California, for such purposes.
The Site may be subject to
U.S. export control laws and may be subject to export or import regulations in
other countries. You agree not to export, re-export, or transfer, directly or
indirectly, any U.S. technical data acquired from Company, or any products
utilizing such data, in violation of the United States export laws or
regulations.
The company is located at
the address in Section 10.8. If you are a California resident, you may report
complaints to the Complaint Assistance Unit of the Division of Consumer Product
of the California Department of Consumer Affairs by contacting them in writing
at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications
between you and Company use electronic means, whether you use the Site or send
us emails, or whether Company posts notices on the Site or communicates with
you via email. For contractual purposes, you (a) consent to receive
communications from Company in an electronic form; and (b) agree that all terms
and conditions, agreements, notices, disclosures, and other communications that
Company provides to you electronically satisfy any legal obligation that such communications
would satisfy if it were in a hard copywriting.
Entire Terms. These Terms
constitute the entire agreement between you and us regarding the use of the
Site. Our failure to exercise or enforce any right or provision of these Terms
shall not operate as a waiver of such right or provision. The section titles in
these Terms are for convenience only and have no legal or contractual effect.
The word “including” means “including without limitation”. If any provision of
these Terms is held to be invalid or unenforceable, the other provisions of
these Terms will be unimpaired and the invalid or unenforceable provision will
be deemed modified so that it is valid and enforceable to the maximum extent
permitted by law. Your relationship to Company is that of an independent
contractor, and neither party is an agent or partner of the other. These Terms,
and your rights and obligations herein, may not be assigned, subcontracted,
delegated, or otherwise transferred by you without Company's prior written
consent, and any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. The company may freely assign
these Terms. The terms and conditions set forth in these Terms shall be binding
upon assignees.
Copyright / Trademark
Information. Copyright ©. All rights reserved. All trademarks, logos
and service marks displayed on the Site are our property or the property of
other third-parties. You are not permitted to use these Marks without our prior
written consent or the consent of such third party which may own the Marks.
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