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Welcome to the Smiley360 community (the "Community"). These terms of service (referred to in this document as "TOS") govern all use of the Community web site and mobile app (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 the Community. Please read these TOS carefully as they contain important information regarding your legal rights and obligations.
By using the Site, by registering with the Community, and/or by becoming a member of the Community, you agree to be bound by these TOS. The Community 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.
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.
The Community Does Not Claim Ownership of User Generated Content. The Community does not assert any ownership over User Generated Content (except the within license); rather, as between us and you, subject to the rights granted to us in these TOS, you retain full ownership of all of User Generated Content and any intellectual property rights or other proprietary rights associated with User Generated Content. You are solely responsible for protecting your intellectual property rights in your User Generated Content. The Community cannot and does not assume responsibility for controlling, monitoring, or enforcing your intellectual property rights.
Your Warranties With Respect to User Generated Content. You acknowledge that the above grant of license is supported by good, valuable, and sufficient consideration. By posting User Generated Content, you represent and warrant that: (a) you own your User Generated Content or otherwise have the right to grant the license set forth in these TOS; (b) the posting of your User Generated Content on or through this Site does not violate the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights or any other rights of any individual, living or deceased, or any legal entity; and (c) you have read and understood and your User Generated Content fully complies with these TOS and applicable laws.
You Are Legally Responsible for Your User Generated Content. Failure to comply with these TOS may expose you to liability to the Community and liability to individuals or legal entities whose copyrights or other rights have been violated. For this reason, you should review these TOS regularly and contact us first if you have any questions about the suitability of materials you wish to post. Remember, once User Generated Content is posted it may quickly be transferred to other websites and media that we do not control, and it may be impossible to recover or delete.
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 the Community 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.
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).
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.
Safety. We do our best to keep the Community safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
Communication Platform. The Community may offer a Communication Platform, and the Community reserves the right to charge fees for access to some or all of it. The Community 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. The Community 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 the Community's prior written consent. All rights not expressly granted by the Community in these TOS are reserved to the Community and/or its licensors, as applicable.
Integration with Third Party Applications. The Site and Communication Platform may contain features designed to interoperate with Third Party Applications (as defined below). To use such features, you may be required to obtain access to such Third Party Applications from their providers. If the provider of any such Third Party Application ceases to make the Third Party Application available for interoperation with the Site or Communication Platform on reasonable terms, the Community may cease making available the Site and the Communication Platform. You acknowledge and agree that the Community is not the provider of the Third Party Applications and that the Community disclaims any and all liability arising out of your use of the Third Party Applications. For purposes of these TOS, “Third Party Application” shall mean online applications and offline software products that are provided by entities or individuals other than Us and are clearly identified as such, and that interoperate with the Site and the Communication Platform, including without limitation the hosting services provided by Amazon Web Services or any other company used by the Community for cloud hosting services.
No Representation of Accuracy. The Community 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. The Community 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.
Disclaimer of Liability. You agree that under no circumstance will the Community, 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.
Supplementation of TOS. You acknowledge that the Community may establish day-to-day operational practices that supplement these TOS, and the Community 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 the Community has no responsibility for the storage or deletion, or the failure to store or delete, of any information or data.
Face to Face Meetings. The Communication Platform may enable users to arrange physical meetings (as distinguished from online meetings) or other in-person gatherings. The Community does not control or monitor the formation or conduct of these meetings, and the Community 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 the Community, 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.
If you are a developer or operator of a Communication 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 Communication Platform.
2. This includes ensuring that your application or use of the Communication Platform meets our Platform Policies and our Advertising Guidelines.
Your access to and use of data you receive from the Community will be limited as follows:
1. You will only request data you need to operate your application.
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 de-authorizes, disconnects, or otherwise disassociates from your application unless otherwise permitted in our Platform Policies.
6. You will delete all data you received from the Community 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.
10. You will not give us information that you independently collect from a user or a user's content without that user's consent.
11. You will make it easy for users to remove or disconnect from your application.
12. You will make it easy for users to contact you. We can also share your email address with users.
13. You will provide customer support for your application.
14. You will not show third party ads or web search boxes on the Community user profiles or Pages.
15. 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.
16. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
17. You will not misrepresent your relationship with the Community to others.
18. 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.
19. We can issue a press release describing our relationship with you.
20. You will comply with all applicable laws. In particular you will (if applicable):
o Have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
o Comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with the Community user data subject to the VPPA. You acknowledge the Community has no obligations under the VPPA.
21. We do not guarantee that the Communication Platform will always be free.
22. You give us all rights necessary to enable your application to work with the Community, including the right to incorporate content you provide to us into streams, profiles, and user action stories.
23. You give us the right to link to or frame your application and place content, including ads, around your application.
24. 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).
25. To ensure your application is safe for users, we can audit it.
26. We can create applications that offer similar features and services to, or otherwise compete with, your application.
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 the Community (such as advertising or payments) or operate a Communication Platform application or website.
The Company may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in the Community’s discretion, without cause, without prior notice, and without liability to you.
Every Smiley member must agree to the following before signing up:
1. When sharing through the Site or any other Third Party Social Platform, I will always disclose that I have been compensated with free samples of products and/or brand experiences.
2. I will be truthful in my statements and make sure that they can be substantiated.
3. I will speak in my own words, from actual personal experience.
4. I will abide by the standards of the Site community and keep my posted content free of pornography, obscenity, violence, racially or ethnically offensive content, and/or material or anything that 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!)
6. The Community will never censor your content or determine your eligibility for a Mission based on your feedback unless in violation of the above.
By joining the Community, members acknowledge that they are not guaranteed to receive anything in return, including complimentary products, brand experiences and/or any other promotions or giveaways promoted on this Site, emails or social media sites. Members who are selected for Programs and all items mentioned above, must meet specific and unique requirements for each Program. The Community may or may not disclose these requirements to members. The Community adheres to a strict policy of sending one product kit per household address per Program, regardless of whether multiple qualified members reside in the same household. These requirements are solely determined by the Community and may change at the Community’s discretion at any time, with our without notice. The Community reserves the right to postpone, change and/or cancel any scheduled or running Program at any time with or without notice.
Right to be removed from Programs. The Community reserves the right, in its sole discretion, to determine eligibility in any Program or other offers on the Site. The Community may, at its discretion, remove a member from a Program or other offer at any time and for any reason.
The Community does not guarantee product shipment or the condition of any products. Due to the nature of shipping products, the Community cannot guarantee the conditions of products shipped. Though the Community makes all attempts to ship products in a timely manner, we cannot guarantee a specific timeframe for delivery or that products will actually be delivered.
Program kits and products not intended for resale. Any product, brand experience, coupon or other items related to a Program are not intended for resale. Any violation (as determined solely by the Community) of this provision by a Member may result in removal from the applicable Program or from the Community in general.
Non-commercial use by members. Members of the Community are prohibited to use the services of the Site in connection with any commercial endeavor or venture.
Program ending. Programs will end on the date specified at the bottom of the program page. When a Program ends, it will be automatically removed from the Member page and Members will no longer be able to share and earn points. The Community reserves the right to alter a Program's end date for any reason at its sole discretion.
We do not allow you to share any profile information except your USERNAME and image on our web site. You choose what information you put in your public profile, and it is not required to use the web site.
We want to provide a site where people can interact safely with their friends and the people around them. To that end, we have safety and privacy controls to ensure that users share information only with those they wish to.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for our Community or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on our site. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org
In addition, parents of children 13 years and older should consider whether their child should be supervised during the child's use of our site. We recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet. Despite our best efforts to ensure a safe site, we cannot guarantee that the site is entirely free of illegal, offensive, pornographic or otherwise inappropriate material, or that members will not encounter inappropriate or illegal conduct from other members. Consequently, you may encounter such content and conduct. You can help us by notifying us of any nudity, pornography, harassment or unwelcome content or unwelcome contact by clicking on the "Report" link located on pages throughout the site. We will use our best efforts to review reports made through this site reporting tool within 24 hours and remove any content that is deemed to have violated the Terms of Service. If warranted we will also disable the access of the user responsible for posting the abusive content. Where complaints about nudity, pornography, harassment or unwelcome contact are made by independent email to email@example.com, we will acknowledge receipt of the complaint and begin to address it within 24 hours. We will respond to the reporter within 72 hours of receiving the email complaint to inform the reporter of the steps we have taken to address it.
Contact here to contact us regarding our handling procedures. Please note that if you have not previously made a complaint to us you should not use this link. We are solely responsible for complaint handling, and you should address all complaints or reports of abuse directly to us using the procedures described on this page.
We will not disclose personally identifiable information about members with a California mailing address to unaffiliated third parties without your written authorization, unless otherwise permitted by law. Disclosures that are permitted under California law without written authorization include, among others, disclosures necessary to effect, administer or enforce a transaction you request; disclosures to our authorized agents and service providers; disclosures permitted or required by law or disclosures to prevent fraud or other illegal activities. California residents should contact us at the address below for instructions on how to deliver their disclosure authorizations.
Every time you visit our Web site, our Web server automatically collects the following non-personally identifiable information: your Internet service provider's address, the referring URL and, information on the pages you access on our site. We also collect personally identifiable information that you provide, such as information you provide when you register on our site, for example, your name, your email address, your telephone number, your address, your gender, schools attended and any other personal or preference information that you provide to us.
When you use our site, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, set up events, add applications, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
We may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, third party data providers and other users of our service through the operation of the service in order to provide you with more useful information and a more personalized experience and to provide our marketing partners with non personally identifiable market data. We also may collect tokens or other access information that you provide us for other accounts that you associate with your Community account (such as blogs, Twitter, Facebook or Pinterest); tokens are like an electronic key provided by the services that acts in place of a password for authentication. By using the web site, you are consenting to have your personal data transferred to and processed in the United States.
When you register with our web site, you create your own profile. We may use information about you that we collect from other sources, including but not limited to Internet sources such as blogs, instant messaging services, and social media sites that you connect to us to supplement your profile.
We may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people in a network like certain products and personalizing advertisements and promotions. We may use information in your profile identifying you as an individual to third parties in connection with market research conducted by us, subject to limitations on such third parties’ of use of such information to our market research efforts. We do this for purposes of determining how many people in a network may be purchasing certain products in order to share such market research, on a non-personally identifiable basis, with our marketing partners.
Additionally, the information we collect is used:
• to generally improve the content and layout of our Web site
• to notify you about updates to our Web site
• to contact you for marketing purposes
• for internal review
When you supply us with personal information, and indicate your consent to receive promotional information, the information you provide will be added to our customer file. You may receive periodic mailings from us. If you do not want to receive such mailings from us, then please email us for information on where to contact us to remove yourself from our contact list.
We may send you e-mail with information on new products. If you do not wish to receive such e-mail in the future, please email us for information on where to contact us to remove yourself from our e-mail list. We reserve the right to send you notices about your account even if you opt out of all voluntary email notifications. We may also send you service-related announcements from time to time through the general operation of the service.
Our site and your privacy settings allow you to make informed choices about who has access to your information. We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally required or, 3) permitted by you. In addition to the foregoing, we share your information with third parties (a) to the extent that it is anonymized and omits any of your information that would enable the identification of you and (b) subject to restriction on use by such third parties solely for our market research purposes, the results of which are shared by us with our clients on an aggregate basis without inclusion of personally identifiable information.
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
When you use our site, certain information you post or share with third parties (e.g., a friend or someone in your network), such as personal information, comments, messages, photos, videos, listings or other information, may be shared with other users in accordance with the privacy settings you select. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos, listings or other items, this information may become publicly available.
We will provide you access to the following information:
• unique identifier information (customer number or password)
• contact information (name, address, phone number)
We will evaluate each request and reply in an appropriate manner and form of communication that ensures the security of the information you have requested.
When you see either a solid key icon or a locked padlock icon at the lower portion of your browser window, then your site is secured through Secure Sockets Layer. We use industry-standard encryption technologies when transferring and receiving your information on our site. If you do not see one of these icons, please contact your Internet service provider. When we transfer and receive certain types of sensitive information we will redirect you to a secure server and notify you through a pop-up screen on our site.
We have appropriate security measures in place in our facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site so you can feel comfortable and secure.
To contact us for any reason, including a request to be added or taken off a list, or if you have any concerns or questions, please Click here. Please note: When you contact us, provide your name and address exactly as it appears on correspondence you have received from us. Email us to change your e-mail address or to unsubscribe from our e-mails.
Updated August 2014
Social Media Link
263 West 38th Street, FL 8
As part of your Smiley360 membership, you agree to always be honest, never mislead and always try to provide valuable and authentic opinions. Please take the time to read and understand disclosure and what it means for you.
Disclosure simply means making it known that you have received a free product or brand experience as a Smiley360 member.
When you spread the word about a product you've received from us, you must clearly communicate that you were compensated with a free product in exchange for your honest review. An example of how you can do this is to include the following phrase in your review:
"I received [product name] for free from Smiley360."
Or you can simply add the hashtag(#) #samp (sample) or #freesamp to the end of your post:
"Loved trying [product name]. I would definitely recommend this. Check it out #samp"
We recommend using these hashtags(#) in all of your social media posts. Doing so will allow you to devote more space to your review without having to worry about character limits - allowing more of your voice to be heard.
When you share to Facebook and Twitter using the Single-Click Sharing(SM) tools located on your Mission Page, such a phrase will be included automatically. Some examples of where you should write this include Smiley Connect, your personal blog or on an online review site such as Amazon.
We will never tell you what to say about a product. You are free to speak from actual personal experience in your own words. Be sure to fully experience the product and take time to form your opinions. Your feedback matters, and people will listen to you. Disclosing that you have received a free product ensures that your opinions and reviews are seen as credible and trustworthy to your friends and network.
Disclosure is an important part of being a Smiley member. Disclosing that you have received a free product means you're following guidelines set by the Federal Trade Commission (we wouldn't want you to get in trouble!) Following these guidelines will help you to enjoy your Smiley membership and all that it brings.
Be heard. Be happy.
Smiley360 is an online community of influential consumers who try products and experiences for free and share their opinions with others. As a member, you will receive offers from the biggest brands and share your experience with that brand, as well as with friends, family, coworkers, neighbors and other consumers like you.
Smiley360 launched in December 2009 with one purpose. We wanted there to be more communication between consumers and the brands that they buy. As consumers, wouldn't it be great to get first access to new products and experiences, and to actually tell the brands what we think? And even better, wouldn't it be great to know that they are actually listening?
That's what we hope to achieve with Smiley360—to give regular people the chance to try new things and share their opinions with the world. Think of us as your link to the brands you consume every day. This is marketing for the modern world, and we all have a voice! Be Heard. Be Happy.
Do you love to try new products and services? Have you ever tried a product and thought, "This would be so much better if..." As a Smiley member, you can provide this kind of feedback directly to the source, as well as share with the people in your life, both online and offline. Smiley members get inside and exclusive looks at new brands, new products, and new online content—how cool is that?
You should join Smiley if...
• You care about the products you consume in your daily life
• You want to give feedback directly to your favorite brands
• You believe that your opinion on products should be heard
• You like to try before you buy
• You want to be the person your friends turn to for advice on what products to buy
It’s as easy as 1… 2… 3…
1. Qualify to Try Products and Services (for free!)
Members qualify for Smiley Missions, which is what we call it when we send you something new to try. Missions are designed to match your lifestyle and interests, so you'll receive experiences best suited for you. You only need to accept the Missions that interest you, so feel free to hit ’Decline’ if something doesn't feel like the right fit.
2. Share Your Feedback with Friends, Fellow Smiley Members and the Companies Behind the Products
Smiley is all about having your voice heard, and we give you the tools to easily share your feedback. That’s how our site is designed. In today's marketplace, brands want and need to know your opinion. Smiley members provide valuable feedback that collectively helps drive the market.
3. Earn Points and Badges to Improve Your Community Status
We know our members are social trendsetters, and we like to give you more things to talk about. For everything you do on your Mission, you will earn points and badges. We reward good sharers with more Missions, so the more you do, the higher your chances of being selected for even more opportunities.
Free: because you'll never have to pay a penny as a member
Authentic: because you only share your honest opinion, whether it's positive or negative
Influence: because your friends listen to your recommendations
Power: because the customer makes the brand, not the other way around
Convinced? Complete the quick and easy sign up!
Are you a brand that wants to mobilize influential consumers to generate reviews and conversations at scale? Visit Social Media Link.