Website terms of use

SMILEVISION TV WEBSITE TERMS OF USE

Effective August 30, 2014
PLEASE READ CAREFULLY

By visiting or using any SmileVision TV web site, portal or extranet, or the services provided on any SmileVision TV web site (“Site”), you agree to these Terms of Use. If you are a SmileVision TV subscriber, you are also bound by the SmileVision TV Terms and Conditions and any other terms that apply to service. If any provision of these Website Terms of Use conflicts with any terms or conditions found in the SmileVision Subscriber Guidelines, the Subscriber Guidelines apply. If you are a SmileVision TV associate, reseller or employee, your use of the Site may also be subject to your binding agreement with SmileVision TV, and if any provision of these Terms of Use conflicts with any term in your agreement with SmileVision TV, the term of your agreement with SmileVision TV applies.

Site Use. You represent and warrant that you are a subscriber to the SmileVision TV services and are at least 18 years of age, or a legally emancipated minor. All information provided by you must be accurate registration information to have created an account in order to use the Site or some of its features or services. If we believe that your information is incorrect or incomplete, we may prevent you from accessing the Site, terminate or suspend your account, or otherwise limit or restrict your use or service. We may grant you temporary access to the Site and a limited, non-exclusive, revocable and nontransferable license to access and use the information contained within the Site solely for your internal business use only. We may limit the number of times you can visit or log in to the Site within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the Site, or any portion thereof, at any time, without notice.

Security. Some parts of the Site may require a user name, account name or password. If you use these features, you agree to keep this information confidential and secure. You agree to accept responsibility for all activities that occur under your user name, account, or password, and to notify SmileVision TV immediately if the confidentiality of your user name, account or password is compromised. We will not be liable for any loss that you may incur as a result of someone else using your account or password. To protect the security of the Site and your account, we may terminate or suspend your account, change your user name or password, request additional information before we authorize transactions on your account, or take other reasonable actions.

Prohibited Uses. You agree not to: Use the Site or its contents for any purpose that is unlawful or prohibited by these Terms of Use; resell any aspect of the Site or services available on it; bypass or circumvent measures we may use to prevent, interfere, or limit access to the Site or any SmileVision TV network; use the Site to send altered, deceptive or false source-identifying information; use the Site to intercept, collect or store personal information about other users; “spam” other users or take other actions that may affect the operation or enjoyment of the Site by other users; access, monitor or copy any content or information on the Site using any robot, spider, scraper or other automated means or any manual process; decompile, disassemble or reverse engineer any of the software or content used in any part of the Site or any SmileVision TV network; send a virus or use any malicious programs or techniques in connection with the Site; overload or crash the Site or any SmileVision TV server or network; or engage in excessively high volume data transfers or bandwidth use, including without limitation by hosting a web server, internet relay chat server or any other server via any use of the Site; or infringe the copyrights or intellectual property rights of others.

Submissions. The Site may have features that let you submit content or communicate with SmileVision TV, other users, and the general public, such as email, posting comments, reviews or ratings, participating in chats or forums, and uploading files. Any questions, comments, suggestions, ideas, plans, notes, drawings, images, photographs, pictures, information and other materials or content you submit via the Site are referred to here as “Submissions.” You agree to only post, upload submit, or request, Submissions that are appropriate and related to the purpose of the Site. You represent that you own or control all of the rights necessary to grant the licenses and sublicenses to your Submission as described in these Terms of Use. By posting Submissions that contain images, photographs, pictures or that may otherwise be graphical in whole or in part (“Images”), you represent that each person depicted in any Image, if any, has provided consent to the distribution, public display and reproduction of any Image for use on the Site. You are fully responsible for any and all damages, costs, or harm resulting from your Submissions, and we assume no liability for Submissions posted or submitted by you or other users.

You must not post, upload, submit or request: any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that is otherwise objectionable to SmileVision TV in our sole discretion; any unauthorized, commercial material or content (including, for example, funding solicitations, advertising, or marketing any good or services); any information you are prohibited from transmitting by contract or confidential relationship; any material that exploits or harms any individual (including any person under the age of 18), and/or intentionally or unintentionally, exposes minors to content that is inappropriate, providing minors’ personally identifiable information, or seeking to obtain personally identifiable information from minors; any material that could harm SmileVision TV’s brand, business, reputation, employees, subscribers, facilities, or any person; any material that infringes, misuses or violates any copyright, trademark, patent right, trade secret or other proprietary right of any individual or entity, including rights of publicity and privacy; content for which you were compensated or granted any consideration by any third party; content that references other websites, addresses, email addresses, contact information, or phone numbers; content that contains computer viruses, worms, or other potentially damaging computer programs or files.

Posting of any infringing Submission as described above (as determined by SmileVision TV at its sole discretion)may lead to the immediate termination of your SmileVision TV account.

Rights in Submissions. For any Submission you post, upload, submit or request via the Site, you grant SmileVision TV a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to (i) use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, disclose and publicly display and perform your Submission for commercial purposes throughout the world in any media now known or hereafter developed; and (ii) publish the name that you submit in connection with your Submission, in SmileVision TV’s sole discretion. You agree that you have no recourse against SmileVision TV for anyone’s infringement, misuse or violation of any right you may have in your Submissions, and you irrevocably waive any “moral rights” in your Submissions. You also irrevocably agree that SmileVision TV can pursue claims against anyone who violates SmileVision TV’s rights in the Submissions. You also acknowledge that we assume no responsibility for the deletion of, or failure to store or otherwise provide access to Submissions submitted by you or others. No compensation will be paid with respect to the use of your Submission as provided in these Terms of Use. By submitting your email address in connection with your Submission, you agree that SmileVision TV and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Testimonials.

I understand my testimonial  made on behalf of  SMILEVISION TV (hereinafter called “The Company”) may be used in connection with publicizing and promoting The Company. I authorize The Company to use my name, brief biographical information, and the Testimonial as defined on this form.

I hereby irrevocably authorize The Company members, owners, heirs, representatives,   and administrators to copy, exhibit, publish or distribute the Testimonial for purposes of publicizing The Company’s programs or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on websites or in any other distribution media. I agree that I will make no monetary or other claim against The Company for the use of the statement.

In addition, I waive any right to inspect or approve the finished product, including written copy, wherein my likeness or my testimonial appears.

I hereby hold harmless and release The Company members, owners, heirs, representatives, executors, and administrators from all claims, demands and causes of action which I, my heirs, representatives, executors, administrators or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

Third Party Sites and Content. Parties other than SmileVision TV may display and make available content, data, services and products through the Site. You acknowledge that SmileVision TV is not a publisher of, does not control or endorse, and is not responsible or liable for, any such third party content. Managers and hosts of interactive forums on the Site (e.g., blogs) are not authorized SmileVision TV spokespersons, and their views do not necessarily reflect those of SmileVision TV. The Site may contain links to websites operated by parties other than SmileVision TV. You acknowledge that we do not control those websites and we are not responsible for their content, their privacy practices, or any other policies provided on those websites.

Privacy Policy. For information about how we collect, use and share information related to your use of the Site or our services, please refer to our Privacy Policy Notice.

Intellectual Property Rights. Except for Submissions, the Site and its content, software, and services (together, “Materials”) are the property of SmileVision TV and its suppliers and is protected by copyright, trademark, service mark, and other proprietary or intellectual property rights (“Intellectual Property Rights”). We reserve all of our rights in the Materials. If any service on the Site includes the provision of a specific IP address, URL or other designation for your use, you acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that we may change your IP address, URL or other designation at any time.

Trademarks and Service Marks. The trademarks, service marks, logos, designs, icons, graphics, product and service names, company names and other source identifiers displayed or presented on the Site are registered or unregistered trademarks of SmileVision TV, its suppliers or other third parties, and may not be copied, imitated or used, in whole or in part, without prior written permission of SmileVision TV or their relevant owners. Nothing contained in this site may be construed as a grant of a license or right of use of any trademark displayed in this site without the prior express written permission of SmileVision TV or its relevant owner, by implication, estoppel, or otherwise. A reference to any products, services, processes, or other information does not constitute or imply any endorsement, affiliation, sponsorship, approval or recommendation by SmileVision TV.

Claims of Copyright Infringement/DMCA Notices. SmileVision TV respects the Intellectual Property Rights of others and is committed to complying with U.S. Copyright laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.

If you believe that material available on the Site or residing on our system or network infringes a copyright of yours or a third party for whom you are authorized to act, please notify our Designated Agent by using the procedures described in the DMCA and below. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.

The notice must include the following information as provided by the DMCA, 17 U.S.C. � 512(c) (3):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SmileVision TV to locate the material;
Information reasonably sufficient to permit SmileVision TV to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that material you have placed on SmileVision TV’s system or network has been removed by mistake or as the result of an improper take down notice, you may send our Designated Agent, identified above, a “counter notification” containing the following information:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which SmileVision TV may be found, and you will accept service of process from the person who provided notification that led to the mistaken removal of your material or an agent of such person.

There are substantial penalties for sending false notices. It is SmileVision TV’s policy, in appropriate circumstances and in its sole judgment, to suspend or terminate the Service of any subscriber, account holder, or user who is deemed to be a repeat or blatant infringer of copyrights.

Territorially Restricted Content

Some SmileVision TV content providers choose to make their videos available only to certain countries.
On occasion, SmileVision TV may block specific content in order to comply with local laws in countries where SmileVision TV is available.

Account Termination

SmileVision TV Accounts may be terminated due to: repeated violation of the Subscriber Guidelines or these Terms of Use; repeated claims of copyright infringement or other IP infringement; a single case of severe abuse (such as inflammatory, prejudicial, or predatory behavior or spam).

A Subscriber whose account is terminated is prohibited from accessing, possessing or creating any other SmileVision TV account, indefinitely.

If your account was terminated due to claims of copyright infringement and you believe the copyright claims against your account are improper or invalid, you may file a DMCA counter-notification at notifications of claimed infringements. This process is still available for terminated users – access to your account is not necessary.

Please note that there may be adverse legal consequences for filing a false DMCA notification or counter-notification.

If your account has been terminated and you are unsure why, you can request more information via this form.

Removal of Content

When a Submission violates the Website Terms of Use or, as applicable, the Subscriber Guidelines, we may remove the Submission at our sole discretion.

Promotional Codes. From time to time, you may receive a promotional code provided by or on behalf of SmileVision TV redeemable for certain promotions or offers (“Codes”). Such Codes have no cash value, are non-transferable and may have an expiration date, as well as other limitations and restrictions identified by a promotion. Codes may be found on or in product packaging, through Internet and other digital promotions, on brochures, notices (electronic, online, TV, radio), or other materials. A Code may only be entered once unless otherwise expressly permitted by SmileVision TV. We are under no obligation to release, continue to release, honor, or maintain any Codes or maintain any services or features provided through Code redemption. SmileVision TV reserves the right to limit, modify, or discontinue services and features accessed by Codes for any reason even after such service/feature has been redeemed, at our discretion and without prior notice to you.

Pricing and Information. SmileVision TV does not warrant that the content on the Site is accurate, complete, or current. Despite our efforts, items on the Site may be mispriced and product and service descriptions may be inaccurate. SmileVision TV reserves the right to correct any inaccuracies or omissions on the Site, to revoke any offer, to cancel your order, and to take any other actions it deems reasonable or necessary to rectify the error, regardless of whether charges have been applied to your account or credit card.

WARRANTY DISCLAIMERS. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, ANY MATERIALS INCLUDED ON, DOWNLOADABLE FROM OR OTHERWISE ACCESSIBLE VIA THE SITE, OR ANY SERVICES OR PRODUCTS AVAILABLE FOR PURCHASE VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT. FURTHER, SMILEVISION TV DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. SMILEVISION TV DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY SUCH STATEMENT OF WARRANTY. THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AVAILABLE FOR PURCHASE ON THE SITE OR USED IN CONNECTION WITH THE SERVICES IS A WARRANTY PROVIDED BY THE PRODUCT MANUFACTURER(S), WHICH IS EITHER INCLUDED WITH THE PRODUCT ITSELF OR CAN BE OBTAINED FROM THE MANUFACTURER(S).

LIMITATIONS OF LIABILITY. IN NO EVENT SHALL SMILEVISION TV BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, , ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIALS, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY MATERIALS, EVEN IF SMILEVISION TV OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SMILEVISION TV (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE SITE OR ANY SITE-RELATED MATERIALS OR SERVICES, EXCEED $5.00.

Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. In such states, SmileVision TV’s liability is limited to the greatest extent permitted by law.

Indemnification. You agree to indemnify, defend, and hold SmileVision TV, and our officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to attorneys’ fees and costs, brought by third parties as a result of: (i) your violation of these Terms of Use; (ii) your use of the Site; (iii) any Submissions you supply; or (iv) your violation of any law or the rights of a third party.

You may contact us using the methods described on the “contact” page of the Site at: http://www.SmileVisionTV.com/Contact.

Governing Law. These Terms of Use are governed by and will be enforced under the laws of the state of Delaware as they are applied to agreements entered into and to be performed in Delawarewithout giving effect to any conflict of law provisions thereof.All claims, disputes or controversies shall be resolved by final and binding arbitration in the county of New York, state of New York. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“FAA”).

Electronic Communications. You agree that this electronic document and any other electronic agreement, notice, or other communication that we provide to you meets any legal requirement that such communication be in writing.

Miscellaneous. We may change these Terms of Use without advance notice. Please visit this page periodically to see the most current Terms of Use that govern your use. If any part of these Terms of Use is determined to be invalid or unenforceable for any reason under relevant law, then that part will be deemed replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms of Use will continue in full force and effect. SmileVision TV’s failure to enforce strict performance of any part of these Terms of Use does not waive any of our rights. SmileVision TV may assign its rights and duties under these Terms of Use to any party at any time.