USER CONDUCTSmilebox may monitor or review your conduct on any of the Services offered by Smilebox. In using the Service you agree not to:
- Use it for illegal purposes;
- Use it in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
- Collect or disseminate information about other users, including e-mail addresses, without their consent, or otherwise invade another’s privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights);
- Use it in a manner, or transmit material through it, that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
- Copy, modify, distribute, transmit, publicly display, publicly perform or create derivative works or use any portion of the Services provided or made available by Smilebox or third parties or output from the Services other than as expressly provided by herein;
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Engage in any other conduct which, in Smilebox’s sole discretion, is considered inappropriate, unauthorized or objectionable;
- Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any part of the Services;
- Frame, hyper-link, or otherwise interfere with or in any manner disrupt, circumvent, overburden or compromise any part of the Services;
- Disrupt servers or networks connected to the Services or interfere with the access, use or enjoyment of this Services by others, including, but not limited to, causing greater demand on the Services than is deemed reasonable by Smilebox;
- Use any method to intercept or expropriate any system data or information from the Services;
- Use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Services or the content contained herein;
- Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Services;
- Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks;
- Link, upload, post, email, transmit or otherwise make available any content that (a) you do not have a right to make available under any law, or under any contractual or fiduciary relationships, (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Services;
- Use the communication systems provided by the Services for any commercial solicitation purposes, or link, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with the Service;
- Interfere with, damage, disable, overburden, impair, destroy, limit the functionality of or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies of networks connected to the Services;
- Violate any applicable local, state, national or international law, rule or regulation, or harm Smilebox or any other person or entity;
- Allow or facilitate any third party to do any of the foregoing.
YOU REPRESENT, WARRANT AND AGREE THAT YOU WILL NOT TRANSMIT ANY MUSIC, MOVIES, IMAGES OR OTHER CONTENT OVER OUR SERVICE UNLESS YOU HAVE THE NECESSARY RIGHTS, INCLUDING ANY COPYRIGHT RIGHTS, TO DO SO.For information on how to file a copyright infringement notification with us, click here In addition to any other remedies available in equity or law to Smilebox and Smilebox content suppliers, failure to comply with any of the terms and conditions in the Agreement shall immediately terminate your license to the Software and the Services.
2. Opening an Account, Registration and Payment for Premium Services
SOME SERVICES ARE FOR A FEEWe do offer some “premium” content and service features, and subscriptions for a fee. We will inform you if you are required to pay a fee for the service or feature you are interested in and if you proceed you will be obligated to pay the fees presented to you. PLEASE KEEP IN MIND THAT ANY FEES YOU PAY ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account.
PLEASE ALSO NOTE THAT THE VARIOUS SMILEBOX PRODUCTS HAVE SEPARATE PAYMENT OBLIGATIONS. FOR EXAMPLE, A SUBSCRIPTION TO CLUB SMILEBOX (THE PAID PREMIUM VERSION OF SMILEBOX FOR DESKTOP) WILL NOT GRANT YOU ACCESS TO OR ENTITLE YOU USE OF THE PAID PREMIUM ONLINE WEB-BASED VERSION OF SMILEBOX WHICH WILL NEED TO BE PAID FOR SEPARATELY.Smilebox reserves the right to change our fees or billing methods at any time and will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on Smilebox and you are responsible for reviewing the billing section of Smilebox to obtain timely notice of such changes. Your continued use of the Service thirty (30) days after posting of the changes on Smilebox means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Smilebox will not refund any fees. If your use of the services is subject to use or sales tax, then Smilebox may also charge you for any such taxes.
PAYMENT OPTIONSWe only accept payment via credit or debit card. When you provide credit or debit card information to Smilebox you represent that you are the authorized user of the card. Please note there may be a temporary charge of $0.01 to verify the card’s validity. Not to worry – this amount will be refunded as soon as the card is confirmed. Each month that you have a Smilebox account, you agree and reaffirm that Smilebox is authorized to charge your credit or debit card for the subscription fee. You agree to promptly notify Smilebox of any changes to your credit or debit card account number, its expiration date and/or your billing address, and you agree to promptly notify Smilebox if your credit or debit card expires or is canceled for any reason.
FREE TRIALSWe may, from time to time, offer free trials. Please be aware that if you accept a free trial we will begin to bill your account for that feature or subscription when the free trial expires, unless you cancel it before that time; or if you agree to terms of any other promotion associated with it. Free trials cannot be combined with any other offer. If you have accepted a Club Smilebox free trial, you are not eligible to receive an additional free trial.
3. Legal Protections
DISCLAIMER OF WARRANTIESTHE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMILEBOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SMILEBOX MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT SMILEBOX DOES NOT CONTROL CONTENT, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE.
LIMITATION OF LIABILITYTO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SMILEBOX BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SMILEBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Smilebox’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed amounts paid to it by you over the prior 12 months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
INDEMNIFICATIONYou agree to indemnify and hold Smilebox harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, the violation of the Agreement by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
4. TermThe term of the Agreement will commence upon your use of the Service and will survive even after you have stopped using the Service.
6. E-mail NotificationTo let you know what new content, services, products and other offers, including commercial offers, may be available from time to time, Smilebox will send you e-mail communications describing such content, services, products and offers, and how to get access to them. You agree that as a subscriber to the Services, Smilebox may send you such e-mails to the address you provided. We may also send you emails which confirm and record certain activities and transactions that you have completed through the Services. Because these transactional e-mails are necessary for you to receive the Services, you will receive them even if you have opted out of receiving other e-mail from Smilebox; if you do not want to receive any e-mails from Smilebox, you may cancel the Services at any time as provided in the Agreement. Any communication from you to Smilebox through email, must be done through the email address Smilebox has on file.
7. MiscellaneousThe Agreement shall be governed by and construed in accordance with the laws of the state of Washington. You agree to submit to the exclusive jurisdiction of the courts of the State of Washington, provided, however, that Smilebox, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to your use of the Service through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Smilebox’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Smilebox in writing. You and Smilebox agree that any lawsuit arising out of or related to the Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred.
8. Modifications to the Service or AgreementUnless otherwise provided, Smilebox may change the Agreement at any time in its sole discretion. In the event of any material or substantial change to this Agreement, Smilebox may notify you via e-mail, and/or by posting an announcement of the changes on the Service. By using the Service after any change you acknowledge and accept the changes. When we change this Agreement, we will update the Last Updated date at the beginning of this Agreement. * Please note that a previous version of this Agreement can be found at http://www.smilebox.com/terms-of-use2016.html
9. COPYRIGHT INFRINGEMENT NOTIFICATIONTo file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
1. Payment & Premium SB Services
REFUND POLICYAll payments are completely non-refundable and whilst you may cancel the applicable Premium SB Services you paid for at any time, Smilebox will not refund any remaining portion of your subscription fees, including any minimum commitments, already billed to your account, unless otherwise specified in writing in a specific subscription offer subject to the applicable subscription refund terms which shall be at Smilebox sole discretion. You agree to provide Smilebox with a valid Payment Method and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of the applicable Premium SB Services.
PAYMENT METHODSmilebox accepts various payment methods such as credit cards, debit cards and PayPal (the “Payment Method”); Smilebox reserves the right to change any of the available Payment Methods from time to time at its sole discretion. Smilebox may obtain a pre-approval from the Payment Method for an amount up to the amount of the order. Based on your subscription terms, billing to your Payment Method may occur on any of the following instances: (i) at the beginning of your subscription term, (ii) at the expiration of a trial period, (iii) upon renewal of a subscription. If an unsuccessful attempt was made to bill you on any of the foregoing occasions, you acknowledge and authorize us to continue to attempt to bill you until you have been successfully billed. Please check with your applicable Payment Method provider regarding any policies they have concerning online purchases. If a purchase has been declined online due to Payment Method issues, please check with your Payment Method provider. Smilebox will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due. This amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that Smilebox may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel the Premium SB Services, or if the Premium SB Services are terminated. You agree to notify Smilebox about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to Smilebox attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.