Acceptance of Terms
Welcome to the Smiley360 community (the "Community"). These terms of service (referred to in this document as "TOS" or the “Agreement”) are entered into by and between you and FYF-SML, LLC d/b/a Social Media Link (“Company”, “we”, “us” or “our”). The following terms and conditions (together with all documents they incorporate by reference) govern your access to and use of the Community website and mobile app (referred to collectively in this Agreement as the "Website"), including any content, functionality, services offered on or through the Website, and interactive resources such as user profiles, blogs and chat groups (referred to collectively as the "Communication Platform"). Unless context requires otherwise, the term Website as used in this Agreement includes 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 Website, clicking to accept or agree to the TOS, by registering with the Community, and/or by becoming a member of the Community, you agree to be bound by these TOS. By using the Website, you represent and warrant that you are at least 13 years old. We may revise and update these TOS from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised TOS means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. Our posting of revised TOS constitutes notice to you of the changes to the TOS. In addition, we may notify you of the changes by sending email notice to you or by any other reasonable means.
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 Website.
The date the TOS was last revised is identified at the bottom of this Agreement.
Geographic Limitations to Website Services
This Website is not made available to users in or residents of the European Economic Area (“EEA”) and any attempted access to the Website by a user in or resident of the EEA is prohibited and a violation of these TOS. The Website may not be available to users in or residents of specified additional countries or regions (each a “Restricted Region”). In the event that you attempt to access the Website from a Restricted Region, our systems will notify you of the unavailability of the Website services in your country or region. You attempted use of the Website from the Restricted Region after such notice is provided to you is prohibited and a violation of these TOS.
Inability to Access Website
We reserve the right to withdraw, lock or amend the Website, and any service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. In addition, we will not be liable for loss of your User Generated Content (as defined below). We do not serve as a substitute for having your User Generated Content properly backed up.
License to Use Your User Generated Content
By posting, submitting, displaying, uploading, transferring, sending, publishing or otherwise making available any comments, messages, posts, files, images, videos, survey answers, materials, information or other content (the “User Generated Content”) on or through this Website or any Third-Party Social Platform, you are granting us and, where relevant, the Sponsor (as defined below) a perpetual, worldwide, royalty-free license to use, exploit, copy, perform and display publicly, distribute, and prepare derivative works based on your User Generated Content, in whole or in part, in connection with (a) the promotion and operation of this Website; (b) the Community business and brand; the use on the Community’s Facebook, Twitter, You Tube, Pinterest and other pages; (c) the products, services and brands of the company that sponsored the event, discussion or task to which your User Generated Content relates (the "Sponsor"); (d) the products, services and brands of the Sponsor’s affiliates and (e) any other way expressly permitted under these TOS or our Privacy Policy. We will never use your User Generated Content or other personal information in a manner that violates our Privacy Policy. If requested, you also agree to provide us with links and access to view your accounts with Third-Party Social Platforms, and you agree and understand that certain features on the Website require that the Website have access to your accounts with such Third-Party Social Platforms. For purposes of these TOS, “Third-Party Social Platform” shall mean a third-party social-media website, including, but not limited to, blogs, Facebook, Twitter, LinkedIn, or YouTube.
Without limiting the generality of the foregoing grant of license, by posting, submitting, displaying, uploading, transferring, sending, publishing or otherwise making available any User Generated Content on or through this Website, you acknowledge and agree that: (a) you are granting the us (and downstream users) and, where relevant, the Sponsor, permission (i) to display advertisements in connection with User Generated Content and to use User Generated Content for advertising and promotional purposes without compensating you in any way and (ii) to make your User Generated Content available to the general public and our customers through this Website and third-party websites, through RSS feeds, and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way; (b) we have no obligation to post, maintain, use or respond to User Generated Content submitted to this Website; (c) the provision of User Generated Content to the Community in no way imposes any other obligation on us, whether of confidentiality, attribution, or otherwise, and we shall not be liable for any claims arising out of or relating to any use, modification, distribution, reproduction, display or disclosure of any User Generated Content; (d) you hereby waive any and all claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any use, alteration, distortion or illusionary effect, or use in any manner permitted by this Agreement of your image/likeness, arising out of the posting of User Generated Content containing your photograph or other image to this Website; (e) no fees, royalties or any other monies ("Royalties") will be owed to any person by reason of any User Generated Content, and if any Royalties are owed, you will pay all such Royalties; (f) User Generated Content submitted to this Website may be subject to size and usage limitations, other limitations and restrictions, and the terms of this Agreement, and you are solely responsible for adhering to such requirements with regard to any User Generated Content you provide to this Website; and (g) the Community may access, copy, preserve, and disclose your User Generated Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process or applicable law, (ii) enforce these TOS, (iii) respond to claims that any User Generated Content violates the rights of third-parties, (iv) respond to your requests for assistance, (v) prevent or investigate a crime, or (v) protect the rights, property, or personal safety of the Community or others. DO NOT POST USER GENERATED CONTENT if you do not want it to be used or made available to the general public as set forth in these TOS. If you do not want your photograph to be made available to the general public, DO NOT UPLOAD A PHOTOGRAPH to your profile page on this Website. Instead, select an icon to represent you.
The license you grant to us is non-exclusive (meaning you are free to license your User Generated Content to anyone else) fully-paid and royalty-free (meaning that neither we nor the Sponsor or any downstream users are required to pay you for the use of your User Generated Content), fully sub-licensable (so that, for example, we are able to sublicense your User Generated Content to our sponsors, subscribers to the Website or affiliate websites and to visitors to this Website, who may access, use, transmit, stream, download, print and further sublicense your User Generated Content); worldwide (because the Internet and this Website are global in reach), and fully assignable (so that, for example, if we sell our business, reorganize, or merge with another business, the new owner may continue to operate this Website under the Community brand or another name). This license may be exercised by us and our sublicensees in any format, media or technology, now known or hereafter developed. Notwithstanding anything to the contrary in these TOS, to the fullest extent permitted by law, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" with respect to the User Generated Content, and all rights of privacy or publicity in, or approval rights with respect to, your User Generated Content.
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 Website 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, the terms of service of any applicable Third-Party Social Platform, 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 Registration and Information.
To access certain resources offered on the Website (such as the Community and Communication Platform), you may be asked to provide certain registration details or other 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 Website and services if you fail to comply with these TOS or applicable law. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Security of Account Information.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for any use or misuse of our Website 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 Website, and by using the Website, you represent and warrant that you are at least thirteen (13) years old. Any use of the Website, 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:
You will not send or otherwise post unauthorized commercial communications (such as spam) on or through the Website.
You will not collect users' content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on or through the Website.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
You will not develop or operate a third party application containing, or advertise or otherwise market alcohol or tobacco-related or other mature content without appropriate age-based restrictions.
You will not offer any contest, giveaway, or sweepstakes ("promotion") on or through the Website.
You will not use the Website to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of the Community, such as a denial of service attack.
You will not facilitate or encourage any violations of these TOS.
If you collect information from users, you will: obtain their consent, make it clear that you (and not the Company) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or sensitive financial information on the Website.
Communication Platform.
We may offer a Communication Platform, and we reserve the right to charge fees (where applicable) for access to some or all of it. We may add, remove, and/or change content, functions, features, and/or services associated with the Website and/or the Communication Platform at any time and without notice. We maintain the Website (including the Communication Platform) for your personal information, education, and entertainment. You are permitted to use the Website for this purpose. It is strictly prohibited to use the Website or any content (including the text, images, audio and/or video) of the Website 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 Website or any content of the Website without our prior written consent. All rights not expressly granted by us in these TOS are reserved to us and/or our licensors and Sponsors, as applicable.
Integration with Third Party Applications.
The Website 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 Website or Communication Platform on reasonable terms, we may cease making available the Website and the Communication Platform. You acknowledge and agree that we are not the provider of the Third Party Applications and that we disclaim 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 Website and/or the Communication Platform, including without limitation the hosting services provided by Amazon Web Services or any other company we use for cloud hosting services.
No Representation of Accuracy.
We do not control the information and/or data posted by any users of the Website, and we do not vouch for the accuracy, integrity, or quality of any such information and/or data. We do not endorse any opinions expressed by any users of the Website. We do not undertake any obligation to monitor the information and/or data posted by any users of the Website, 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 Website.
Disclaimer of Liability.
You agree that under no circumstance will the Company, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, Sponsors, 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 Website, 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. As outlined in more detail below, any dealings or interactions you may have with other Website users are at your own risk. We will not be responsible for any harm caused to you by virtue of your interaction or dealing with another Website user, whether your interaction with such user is in-person or virtual.
Supplementation of TOS.
You acknowledge that we may establish day-to-day operational practices that supplement these TOS, and we 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 we have 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 Company does not control or monitor the formation or conduct of these meetings, and we have 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 Company, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, Sponsors, 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.
Trademarks.
1. The term Trademarks means all registered and common law trademarks, service marks, trade names, trade dress, logos, Internet domain names, and other indications of origin owned by the Community, whether currently or in the future.
The look and feel of the Website, including the Communication Platform, as well as all page headers, graphics, button icons, and scripts, is the proprietary trade dress of the Community and may not be copied, imitated, or used, in whole or in part, without the prior written consent of the Company.
Nothing contained herein grants or shall be construed to grant you any rights to use any Trademarks, including without limitation as a domain name or part of a domain name or as a meta tag, keyword, or other type of programming code.
All other trademarks, service marks, logos and the like that are used or appear on the Website are the property of their respective owners. Reference on the Website to any product or service by name on the Website does not constitute or imply endorsement, sponsorship, or recommendation of the product or service by the Company, unless expressly so stated.
You may not use any of the Trademarks to create a link to the Website without our prior written consent.
Copyrights.
1. The content (text, images, audio, and video, as applicable) of the Website as well as the underlying programming code to create the Website is owned by us, is protected under copyright law, and may not be copied, reproduced, distributed, modified, or publicly displayed.
Nothing contained herein grants or shall be construed to grant you any rights to use any of the content of the Website or its underlying programming code.
Protecting Other People's Rights. We respect other people's rights, and expect you to do the same.
You will not post content or take any action on the Website that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on the Website if we believe that it violates these TOS or any other person’s rights.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
Digital Millennium Copyright Act.
We are committed to complying with U.S. copyright laws. The Digital Millennium Copyright Act (“DMCA”) provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed online. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, we will remove or block access to the allegedly infringing material. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us. In any event, we shall not be made a party to disputes over alleged copyright infringement.
If you are a copyright owner or an agent thereof and believe that any User Generated Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 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; 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; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, email address; A statement that you have 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to dmcadesignatedagent@socialmedialink.com. It is our policy to terminate accounts of repeat infringers in appropriate cases.
Special Provisions Applicable to Developers/Operators of Applications and Websites.
If you are a developer or operator of a Communication Platform application or website, the following additional terms apply to you:
You are responsible for your application and its content and all uses you make of the Communication Platform.
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 Company will be limited as follows:
You will only request data you need to operate your application.
You will have a privacy policy or otherwise make it clear to users what user data you are going to use and how you will use, display, or share that data.
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.
You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings.
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.
You will delete all data you received from us if we disable your application or ask you to do so.
We can require you to update any data you have received from us.
We can limit your access to data.
You will not transfer the data you receive from us (or enable that data to be transferred) without our prior consent.
You will not give us information that you independently collect from a user or a user's content without that user's consent.
You will make it easy for users to remove or disconnect from your application.
You will make it easy for users to contact you. We can also share your email address with users.
You will provide customer support for your application.
You will not show third party ads or web search boxes on the Community user profiles or Pages.
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.
You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
You will not misrepresent your relationship with us to others.
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.
We can issue a press release describing our relationship with you.
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.
We do not guarantee that the Communication Platform will always be free.
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.
You give us the right to link to or frame your application and place content, including ads, around your application.
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).
To ensure your application is safe for users, we can audit it.
We can create applications that offer similar features and services to, or otherwise compete with, your application.
Special Provisions Relating to Product Endorsements
1. Your postings must express your honest opinions, findings, beliefs or experience.
You may not convey any express or implied representation that is deceptive, or express any false or misleading claim.
If you represent that you use the product or service in question, you must be an actual bona fide user.
You must clearly and conspicuously disclose if you are receiving compensation in any form (money, free or discounted products, services or any other form of compensation or consideration) for providing your endorsement, or if you have any other commercial relationship with the manufacturer or provider of the product or service in question.
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:
You consent to having your personal data transferred to and processed in the United States.
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.
Restriction and Termination of Use.
The Company may block, restrict, disable, suspend or terminate your access to all or part of the Website at any time in our sole discretion, without cause, without prior notice, and without liability to you.
Limitations and Disclaimers.
1. WE TRY TO KEEP SMILEY UP, BUG-FREE, AND SAFE, BUT YOUR USE OF THE WEBSITE, INCLUDING THE COMMUNICATION PLATFORM, IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES. NONE OF THE COMPANY’S, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, ADVISERS, AFFILIATES, SUBSIDIARIES, AND ITS THIRD-PARTY PARTNERS OR SPONSORS IS OR WILL BE LIABLE TO YOU FOR ANY HARM ARISING OUT OF YOUR ACCESS TO OR USE OF OR OUT OF YOUR INABILITY TO ACCESS OR USE THE WEBSITE. IN ADDITION, WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." OUR MAXIMUM LIABILITY TO YOU FOR ANY REASON OR CAUSE SHALL BE U.S. $10 (TEN DOLLARS). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Company makes no warranty that the Website will meet your expectations or needs, that your access to the Website will be uninterrupted or that the Website will be free from errors or defect (or that errors or defects will be corrected).
The Website may contain links to third-party websites. We have not reviewed all of the third-parties to which the Website may be linked, and we are not responsible for the content of any of those websites. The presence of links from the Website should not be construed as endorsement, sponsorship, or approval of those websites. Use of those websites is at your own risk and subject to the terms of service that govern those websites.
Indemnification.
You agree to indemnify, defend, and hold harmless the Company, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, Sponsors, subsidiaries, and its third-party partners from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney fees and costs, arising in any manner out of or in connection with your use of the Website, your violation of these TOS, or resulting from content you post to the Communication Platform or elsewhere on or through the Website.
Limitation on Time to File Claims.
Any cause of action or claim you may have arising out of or relating to these TOS or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Other Terms.
1. These TOS constitute the entire agreement between you and the Company relating to the subject matter hereof, and they supersede any prior agreements between you and the Company relating to the same. The failure of the Company to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these TOS is held invalid, the remainder of the TOS shall continue in full force and effect. If any provision of these TOS shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under these TOS to anyone else without our consent. All of our rights and obligations under these TOS are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these TOS shall prevent us from complying with the law. These TOS do not confer any third party beneficiary rights.
These TOS and the relationship between you and the Company shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these TOS shall be heard exclusively by the state or federal courts sitting in New York. You hereby submit to the personal jurisdiction of those courts and waive any objection as to venue or the convenience of those courts.
If you are a member or registered user, any legal notice relating to these TOS shall be sent to the email address associated with your account. Any legal notice to us shall be sent to hello@smiley360.com
The Community Member Agreement.
Every Smiley member must agree to the following before signing up:
When sharing through the Website 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.
I will be truthful in my statements and make sure that they can be substantiated.
I will speak in my own words, from actual personal experience.
I will abide by the standards of the Website 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.
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!)
The Community will never censor your content or determine your eligibility for a Mission based on your feedback unless in violation of the above.
Community Programs.
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 Website, emails or social media websites. Members who are selected for campaign activities must meet specific and unique requirements for each such campaign. 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 campaign, regardless of whether multiple qualified members reside in the same household. These requirements are determined by us in our sole discretion and may change at our discretion at any time, with our without notice. We reserve the right to postpone, change and/or cancel any scheduled or running campaign at any time with or without notice. You further agree that you have no legal right to receive any promotional products, even if you do complete the campaign tasks/activities.
Right to be removed from Programs.
We reserve the right, in our sole discretion, to determine eligibility in any campaign or other offers on the Website. We may, at our discretion, remove a member from a campaign or other offer at any time and for any reason.
We do not guarantee product shipment or the condition of any products. Due to the nature of shipping products, we cannot guarantee the conditions of products shipped. Though we make 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 campaign are not intended for resale. Any violation (as determined solely by us) 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 Website in connection with any commercial endeavor or venture.
Last modified on 2/4/2019.
Introduction.
FYF-SML, LLC d/b/a Social Media Link (“Company”, “we”, “us” or “our”) respects your privacy and is committed to protecting it through our compliance with this policy (the “Privacy Policy”). Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using the Website, you agree to this Privacy Policy.
This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit, use or interact with the smiley360.com website (the “Community”) and the corresponding mobile application (collectively, the “Website”). In particular, this Privacy Policy describes our practices for collecting, using, maintaining, protecting and disclosing that information, and outlines the choices you have in connection with our use of your information.
Changes to Our Privacy Policy.
We reserve the right to make changes to this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we may also notify you by email to the email address specified in your account or through a notice on the Website (or by other reasonable means). The date the Privacy Policy was last revised is identified at the bottom of this Privacy Policy. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for regularly visiting our Website and this Privacy Policy to check for any changes. Your continued use of the Website after we make changes is deemed to be acceptance of those changes.
Registration & Public Profiles.
When you register for an account on the Website, you may be asked to provide certain personal information, which may include your first and last name, your address, your gender and race, marital status, date of birth, and other information about you and your family (collectively, “Registration Information”). Registration Information is used primarily for administrative purposes and to help us direct meaningful and relevant content, products, surveys and “missions” to you. Except as provided in this Privacy Policy, we will only share Registration Information with unaffiliated third parties to the extent that such information is anonymized and omits any of your information that would enable the identification of you.
We offer you the ability to create a public profile on the Website. We do not enable you to share, as part of your public profile, Registration Information except your username (comprised of your first name and the initial of your last name such as “Jane D." or “John D.”), profile image, city, state, and the date you joined our Website. The information featured as part of your public profile can be edited at any time and, except for a username, is not required for use the Website. If you link your social media account (such as your Facebook account) with your Website account, we will, by default, import your profile image from that social media account and use it as your profile image on the Website. You have the option of deleting or changing your profile image at any time by logging in to your account and editing your information by clicking the “View Profile” button. Please keep in mind that in certain circumstances providing even basic information (such as first name, first initial of last name and city) on your profile may be sufficient for others to identify you; accordingly, use caution when selecting the information that will feature on your public profile.
By default, we allow other users to “follow” you on the Website. The follower will be notified when you post a messages on a topic discussion to which that follower has access. You may also follow other Website users, and you will be notified when such users posts messages on topic discussions to which you have access. Please note that you can opt out of allowing other users to follow you on our Website by unchecking “Other members can follow me” in your account profile page.
Please note that any information or content you choose to voluntarily post on or through the Website (including any images, videos, comments or posts), such as on Website topic discussions or on your other social media accounts, is done at your own risk and this Privacy Policy does not cover any such information you choose to share.
Safe Use of the Website.
We want the Website to be a place 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 Website. 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 hello@smiley360.com
In addition, parents of children 13 years and older should consider whether their child should be supervised during the child's use of our Website. 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 website, we cannot guarantee that the Website 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 "Contact" link located on pages throughout the Website. We will use our reasonable efforts to review reports made through this Website and by email to hello@smiley360.com, and remove any content that is deemed to have violated the Terms of Service. If warranted we will disable the access of the user responsible for posting abusive content.
Your California Privacy Rights.
We will not disclose personally identifiable information about members with a California mailing address to unaffiliated third parties without your written authorization, unless you have (a) provided us with authorization, (b) voluntarily provided such information on or through your public profile or (c) otherwise included such information in your Community posts, or as 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.
What do we collect?
Every time you visit our Website, 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 Website. We also collect personally identifiable Registration Information that you provide when registering on the Website.
When you use our Website, 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. We also 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 social media platforms, 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 Website, you are consenting to have your personal data transferred to and processed in the United States.
What Are Cookies?
Most Internet websites, including ours, collect data about visitors through the use of "cookies". Cookies are small software programs that help websites recognize repeat visitors by assigning a random number to each desktop for tracking content preferences and traffic patterns. Cookies may be used to "connect" your computer to information stored in a separate location. At our Website, we use cookies to connect your computer with the information we store for you in our database. Some examples of this information include items added to your shopping cart and user specific information on pages accessed and previous visits to our Website. Your information is stored in a database that is protected by security measures consistent with industry standards. Through cookies we may also: alert you to new products that we think might be of interest to you when you return to our Website; record past activity at our Website in order to provide you better service when you return to our Website; or, customize Web page content based on your browser type or other information that you send us. We do not use cookies to store any of your personal or financial information on your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
How Do We Use Your Information?
When you register with our Website, you create your own profile with your Registration Information. We may also 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 Websites that you connect to us to supplement your profile.
We may use information in your profile (including your Registration Information) 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 (including your Registration Information) identifying you as an individual to third parties in connection with market research conducted for or 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 Website
• to notify you about updates to our Website
• 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 to remove yourself from our contact list.
We may send you email with information about new products. If you do not wish to receive such email in the future, please click the “Unsubscribe” link at the bottom or the email or contact us to remove yourself from our email 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.
Sharing Your Information with Third Parties.
Except as expressly provided in this Privacy Policy, we do not provide Registration 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 your Registration Information (such as your shipping address) with our logistics partners for purposes of providing you with requested products/services. For example, if you have indicated that you wish to receive certain promotional products, we may provide your name and address to our partners for purposes of preparing the packages and shipping them out to you. When we do utilize our partners for these purposes, we require such third parties to agree to not use any of your personal information except for purposes of assisting us with our logistics needs.
In the event that we have a change in control or, if all, or substantially all, of our assets are sold to a third party, we may transfer the information on our customer file to the third party. This information may include your name, mailing address and email address among other information. Please know that if such a transfer takes place, the third party acquiring the information will be advised of your preferences about how we use your information. After the transfer takes place, use of your information is subject to the privacy policy of the third party that acquires it. The acquiring company may continue to operate the Website and, if so, you should check this Privacy Policy periodically to determine how the acquiring entity will use your information.
Notwithstanding anything to the contrary in this Privacy Policy, 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; (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. In such a case, the information is not provided to these companies for marketing purposes.
Information, comments, messages, photos, videos and content you post on the Website (such as on forum/topic discussions, for example) (collectively, “Posted Content”) will be visible by other users on the Website and may also be shared by us with third parties. You agree that we will not be liable for our or other parties’ sharing or use of such Posted Content (even if it contains personal information), and that you will not seek to hold us liable for our sharing or the sharing by third parties of such Posted Content (even if it contains personal information). Please do not post or submit any personal information to such areas of the Website; all such posting/sharing of information is done at your own risk. Moreover, you agree that we will not be liable for any sharing or use of personal information that you disclosed in your profile handle/username.
Links.
Our Website may contain links to other websites. We are of course not responsible for the privacy practices of other websites. We encourage our users to be aware when they leave our Website to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by us through the Website.
Third Party Advertising.
Third parties advertise on our Website. They automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and "web beacons" (also known as "1x1 gifs") to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. We do not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your contact information stored on our Website unless you choose to share it with them.
This Privacy Policy covers the use of cookies by our Website and does not cover the use of cookies or other tracking technologies by any of its advertisers.
How can you update your information?
You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at hello@smiley360.com to request access to, correct or delete personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Please also note that if you delete your user content from the Website (such as videos, pictures and posts submitted on topic discussions), copies of such content may remain viewable in cached and archived pages, or might have been copied, stored or shared by other Website users.
How do you know your information is secure?
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. These measures include the use of industry-standard encryption technologies when transferring and receiving your information on our Website. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Conflict In Terms.
It is our goal to make our privacy practices easy to understand. We have created this easy-to-read Privacy Policy with that goal in mind. Some browsers utilize privacy enhancing technology to translate our Privacy Policy into a computer readable format and then translate it back into human readable format for you to read. This translation back into human readable format is often referred to as a "Policy Summary". To the extent that this Policy Summary is inconsistent with, fails to address or addresses an issue not raised in, our Privacy Policy, you should rely on our Privacy Policy as it is the controlling authority.
Contact Us.
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 email us at hello@smiley360.com. Please note: When you contact us, provide your name and address exactly as it appears on correspondence you have received from us (if any). You may also email us to change your email address or to unsubscribe from our emails.
If you feel that this Website is not following its stated information Privacy Policy, you may contact us at the below address(es) or phone number or email address
Governing Law.
This privacy policy is governed by the laws of the State of New York, without regard to its choice of law rule and without regard to the location of any user. Any dispute arising in connection with this policy must be filed in the state or federal courts located in New York.
Our Address.
Social Media Link , 483 10th Avenue, Suite 500, New York, NY 10018
hello@smiley360.com
Last modified on 2/4/2019.
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(#) #freesamp to the end of your post:
"Loved trying [product name]. I would definitely recommend this. Check it out #freesamp"
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, Instagram, Pinterest, your personal blog, YouTube 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!
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