These terms and conditions (“Terms”, “Agreement”) are an agreement between Website Operator (“Website Operator”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the smilesofpeople.com website and any of its products or services (collectively, “Website” or “Services”).
You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.
Material Contributed By You
Uploading and licence
(a) Your material still belongs to you. We do not claim any ownership rights in your material. This means that you continue to retain all ownership rights and you may still use your material in any way you choose, including licensing that material to other websites.
(b) In exchange for allowing you to upload your material and make it available to the public via the Website, by uploading any material (including photos, artwork, messages, videos and images) to the Website you agree to grant us (for the full term of any rights that may exist in your material and without payment to you or any third party) a worldwide, non-exclusive, royalty-free, transferable licence (with aright to sublicence) to use, reproduce, distribute, prepare derivative works of, display, and perform the uploaded materials in connection with the provision of the Website, and in any and all media and in any manner we may determine in our sole discretion in perpetuity.
(c) You understand and agree that you are solely responsible for any material you upload to the Website and the consequences of posting or publishing them, and you acknowledge that we expressly disclaim any and all liability in connection with any material submitted by you.
(d) You represent and warrant that you have (and will continue to have during your use of the Website) all necessary licenses, rights, consents, and permissions which are required to enable us to use the materials uploaded by you.
How we may use your material
In accordance with the licence you grant us:
(a) We can play, publish, make available to the public, perform, display, reproduce, distribute and otherwise use your material on television channels or related companies worldwide and on any other media whether now known or invented in the future (including, without limitation, websites and mobile phone applications).
(b) We have the right to host, store, copy, modify, adapt, edit, translate, create derivative works from, incorporate into other works, and/or otherwise treat in any way your materials at our discretion.
(c) We may (but we are not obliged to) identify you as the creator or author, for example by displaying your name or any photograph of you that you may have submitted when your material appears on the Website.
(d) We have the right to sub-licence our rights in your material to third parties in the normal course of our business. There is no restriction on us obtaining advertising or sponsorship revenue in connection with your material (for example selling advertising space next to your materials or using your materials in commercial advertisements).
(e) We acknowledge that you may have moral rights in your material, and you hereby consent to all and any acts or omissions which, but for this consent, would be a breach of those moral rights for the purposes of us using your material in accordance with these terms. Your moral rights include the right to be identified as the author and the right to object to derogatory treatment of your material.
(f) We have the right not to exhibit your material on the Website or any other media, and the right to remove your material, or links or any other means of access to your material, from the Website or other media at our discretion at any time.
Terminating this licence
If you want us to stop using your material please submit the details of your material along with your instruction to remove this material to firstname.lastname@example.org. We will then stop using your material in new programming on our social media as far as reasonably practicable. However we are not obliged to stop your material where it is already being used or where we have already incorporated it into compilation packages or other programming or where we have sublicensed your materials to a third party.
(a) Any materials you post or upload to the Website (whether posted or uploaded directly to the Website, through a third party site e.g. Instagram, or otherwise) must be your own work. Materials that you did not create yourself, or that includes information about people without their permission can result in serious liability to us and to you. Accordingly, you promise that:
i. You are the only creator, author and owner of the materials you post, send or upload, or if you are not the exclusive owner you have received written consent from the owner to upload, send or post the materials and to grant us the rights to use the materials as set out above.
ii. Our use of your materials will not infringe any intellectual property or other rights of any third party (for example trade marks, copyright, privacy rights). This means that, if your materials contain any underlying copyrights such as but not limited to music, lyrics, film footage, photographs, artwork or other copyright material owned by any other person, you confirm that you have obtained all consents in writing (including from other people appearing in your materials) necessary for us to use your material as set out above.
iii. The materials will not contain anything that is defamatory, illegal or that is or might be considered to be offensive.
iv. Your materials are free from any right or claim by anyone under any recording contract, publishing contract, or any union, guild or collecting society such as the Performing Right Society and you agree that you will inform us immediately if this status changes.
Moderation of Materials
We reserve the right to remove, at any time and without reason or prior notice or any liability to you, any material that you have submitted.
Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Website Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Website Operator or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Website Operator. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Website Operator or Website Operator licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Website Operator or third-party trademarks.
You agree to indemnify and hold Website Operator and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New Jersey, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in New Jersey, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes. Policy was created with WebsitePolicies.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you have any questions about this Agreement, please contact us.
This document was last updated on May 5th, 2020