Terms of service.
[1/16/21]
Any app, website and other service operated by Smiley App, LLC., will be referred to as our “Services” in this Terms of Service. By using any of our Services, you are entering into the below agreement, put in place to protect you, our community and Smiley App, LLC.
It is your choice to use our Services and to enter into this agreement.
Acceptance
Eligibility
Account
Modification and Termination
Safety
Rights
Rights You Grant
Content
Third Party Services
Limitation of Liability
Arbitration
1. Acceptance
By using any of our Services, you agree to be bound by the entirety of (i) these Terms of Service, (ii) our Privacy Policy, (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services offered by our Services.
This agreement may change over time. We’ll provide notice if there are meaningful changes, but the most recent version of the agreement will always apply and supersede any prior agreements.
2. Eligibility
You must be at least 18 years of age to create an account with any of our Services. By creating an account and using our Services, you represent and warrant that:
you can form a binding contract with Smiley App, LLC.,
you are not a person who is barred from using our Services under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
you will comply with this agreement and all applicable local, state, national and international laws, rules and regulations, and
you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Account
You are solely responsible for all activities that occur under the credentials you use to sign up for Smiley.
If you think someone has gained access to your account, please contact us: support@smiley.app
4. Modification and Termination
Our goal is to continuously improve our Services. To do so, we will make changes to our Services with or without notice. We also reserve the right to terminate any of our Services for any reason. You may also terminate your account with any of our Services whenever you like for whatever reason.
5. Safety
We are creating a community you can trust; if you violate that trust, we reserve the right to use our discretion to terminate your access to our Services. You are solely responsible for your interactions with other members. Smiley does not make any representations or warranties as to the conduct of its members.
There is zero tolerance for objectionable content or abusive behavior. By using our Services you agree you will NOT:
use the Service for any purpose that is illegal.
use the Service for any harmful or nefarious purpose.
spam, solicit money from or defraud any members.
impersonate any person or entity or post any images of another person without their permission.
bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
post any content that violates or infringes anyone’s rights.
post any content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or gratuitous violence.
post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
6. Rights
Smiley grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use our Services. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Smiley and permitted by this Terms of Service.
Smiley may investigate and take any available legal action in response to illegal and/ or unauthorized uses of our Services, including termination of your account.
7. Rights you Grant
By creating an account, you grant Smiley a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any information or content you provide to or publish on Smiley. You recognize any content shared with Smiley may be viewed by other members and visitors of our Services. You agree Smiley may need to disclose your information by law.
8. Content
Do not post any nudity. Smiley also reserves the right to remove content for any reason it deems acceptable.
9. Third Party Services.
Smiley is not responsible for the actions of third party services used by our Services.
10. Limitation of Liability.
To the fullest extent permitted by applicable law, in no event shall Smiley, its affiliates, employees, licensors or service providers be liable.
11. Arbitration
By accepting this Terms of Service agreement, you agree to arbitrate any dispute or claim arising out of or relating to our Services. You also accept, to use any arbitrator determined by Smiley. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court.