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Terms & Conditions

April 2023

 

1. Introduction

 

Please read these terms of use ("Agreement" OR "Terms of Use") carefully before using the website and services offered by Elizabeth's Smile Foundation, Inc.  

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The following Terms of Use establishes legally binding terms and conditions for the use of https://www.elizabeth.org/ (the "Website") and all content, services and products available to the user ("user" "you" or "your") at or through the Website operated by Elizabeth's Smile Foundation Inc. ("Elizabeth's Smile Foundation" "we" "us" and "our") on the Website, including the Smile Network. Our registered address is at 67 Bayberry Road Westport, CT 06880.

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By accessing or using any part of the Website, including the Smile Network, you agree to become bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. This Agreement includes all other operating rules, policies (including, without limitation, our Privacy Policy and procedures that may be published from time to time on this Website by us. We reserve the right to change these Terms of Use from time to time by changing them on the Website. 

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The Smile Network is an online platform that allows users to create a private social network to support grieving children.  It is made available only to individuals who are at least 13 years old. By using the Website and the Smile Network, you confirm to us that you are aged 13 years old or above and that, if you are under the age of 18, you have received permission from your parent or guardian.

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You agree that the Smile Network is a platform only, that Elizabeth's Smile Foundation is not monitoring or controlling the content that is shared between users and therefore Elizabeth's Smile Foundation is not responsible or liable for any content including, but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, and links posted by you or other users on the Elizabeth's Smile Foundation website and/or the Smile Network. 

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Elizabeth's Smile Foundation does not guarantee continuous, uninterrupted access to the Smile Network, and operation of the network may be interfered with by numerous factors outside Elizabeth's Smile Foundation’s control. You use the Elizabeth's Smile Foundation service at your own risk. Elizabeth's Smile Foundation cannot guarantee the true identity, age, and/or nationality of a user. 

 

2. Terms for Users

 

Your Account

To access the network, you must register for an account with Elizabeth's Smile Foundation. To complete your registration, you will provide your name, email address and create a password. You are responsible for maintaining the confidentiality of your password and account. You are solely responsible for any authorized or unauthorized access to your account by any person, and are responsible for any and all liability and/or damage resulting from your any problems relating to your password becoming known to others. You also agree that Elizabeth's Smile Foundation cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You represent and warrant that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of the Smile Network to any person or entity and change its eligibility criteria at any time. You must keep your account information up-to-date and accurate at all times, including a valid email address.

 

Content Generated by Us
We may change the format and content of the Website and the Smile Network from time to time. You agree that your use of the Website is on an 'as is' and 'as available' basis and at your sole risk. 

Whilst we try to make sure that all information contained on the Website (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information. 

We cannot and do not guarantee that any content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to put suitable IT security measures in place (including anti-virus and other security checks) to meet your particular requirements and to ensure that the content is safe and reliable. 


User Generated Content and Responsibility of Website Users.
We have not reviewed, and cannot review, all of the user-generated content (including messages) posted to a network, and cannot therefore be responsible for that material's content, use or effects. By operating the Smile Network, we do not represent or imply that we endorse the material posted, or that such material is accurate, complete, useful, current, reliable, fit for purpose, original or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content generated by users. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 

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You are solely responsible for the content of your user submissions as submitted by you and acknowledge that all user-generated content expresses the views of those posting the content, and not our views.

To the fullest extent permitted by law, Elizabeth's Smile Foundation excludes any implied warranties, conditions or other terms of any kind incurred as a result of using the Website. responsibility for any harm resulting from your use of the Website, or from any downloading or sharing by any user of content posted, unless such harm was caused by the willful wrongdoing of Elizabeth's Smile Foundation.
 

Website Use and Limitations of Use.
We are authorizing you to use the features of the Smile Network in accordance with this Agreement.

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  • As a condition of your use of the Smile Network, you warrant to us that you will not use it for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner which could damage, disable, overburden, or impair the Smile Network or interfere with any other party's use and enjoyment of the Website. You must not obtain or attempt to obtain any materials or information through any way that is not intentionally made available or provided for through the Website.

  • You hereby represent and warrant that you will not (i) upload, download, post, email or otherwise transmit any content in a fraudulent way/for the purposes of committing a fraud; (ii) upload, download, post, email or otherwise transmit any content that is unlawful, harmful, threatening, untrue, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, tortious, hateful, or is racially, ethnically, socially, politically, legally, morally, religiously objectionable, otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) upload, download, post, email or otherwise transmit any content that may infringe any patent, trade mark, trade secret, copyright or other intellectual or proprietary right of any party (v) upload, download, post, email or otherwise transmit any content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (vi) use the Service to harm minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct, or upload content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children; (vii) upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) copy, modify or distribute rights or content from the Website, service or tools or Elizabeth's Smile Foundation’s copyrights and trade marks; (ix) harvest or otherwise collect information about users without their consent; (x) violate these Terms of Use, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or (xi) transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam)

  • You acknowledge that Elizabeth's Smile Foundation and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any content that is available via the Website. 

  • You represent and warrant that you are the owner of the content which you make available on the Website and that the content does not infringe upon the property rights, intellectual property rights (copyrights and trade marks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the content or any parts of the content. You represent and warrant to us that these Terms of Use constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms. 

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As Elizabeth's Smile Foundation asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Elizabeth's Smile Foundation.com violates your copyright, you are encouraged to notify Elizabeth's Smile Foundation in accordance with Elizabeth's Smile Foundation's Digital Millennium Copyright Act ("DMCA") Policy (see below). Elizabeth's Smile Foundation will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material that are contained on the Website. Elizabeth's Smile Foundation may terminate a visitor's access to and use of the Website at Elizabeth's Smile Foundation's sole discretion if Elizabeth's Smile Foundation determines that the visitor or user is or may be infringing on the copyrights or other intellectual property rights of Elizabeth's Smile Foundation or others. In the case of such termination, Elizabeth's Smile Foundation will have no obligation to provide a refund of any amounts previously paid to Elizabeth's Smile Foundation.

DMCA/IP Notification Policy. To notify Elizabeth's Smile Foundation of infringing or unlawful content, please provide Elizabeth's Smile Foundation with the following information:
a. Your name, address, telephone number and e-mail address;

b. A description of the exact location on the Website of the infringing or unlawful content;

c. A description of the claimed infringing or unlawful content, specifying which parts you belief infringe or are unlawful and which parts you believe should be removed;

d. In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;

3. Intellectual Property. 

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This Agreement does not transfer, assign or license from Elizabeth's Smile Foundation to you any Elizabeth's Smile Foundation or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Elizabeth's Smile Foundation. Elizabeth's Smile Foundation, the Elizabeth's Smile Foundation logo, and all other trademarks, service marks, graphics and logos used in connection with Elizabeth's Smile Foundation or the Website are trademarks or registered trademarks of Elizabeth's Smile Foundation or Elizabeth's Smile Foundation's licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Smile Network grants you no right or license to reproduce or otherwise use any Elizabeth's Smile Foundation or third-party trademarks.

4. Terms for Administrators 

Your Network.
Network administrators are responsible for maintaining the security of their account, and all content posted to, shared, or transmitted through the Website. The administrator is fully responsible for all activities that occur under or through their account. Elizabeth's Smile Foundation will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Any content you generate and all trademarks, service marks, graphics, and logos provided by you, shall remain your property. You hereby provide Elizabeth's Smile Foundation with a license to use your name, email address, for Elizabeth's Smile Foundation’s promotional or fundraising purposes (e.g., in Elizabeth's Smile Foundation’s portfolio, on the Website(s) or otherwise).
 

Responsibility of administrators and account holders.
If you operate an account, you shall be able to share content, including, but not limited to data, text, information, reviews, posts, usernames, graphics, images, photographs, profiles, audio, video, links, software, and/or video. You are entirely responsible for the content of, legal requirements and/or costs associated with, and any harm resulting from, that content.

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By making content available, you represent and warrant that: 

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  • the downloading, copying, and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

  • the administrator has the right to share such content. 

  • you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully communicate to end users any required terms or limitations of such licenses;

  • the content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;

  • the content is not spam, is not machine/randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

  • the content is not pornographic, does not contain threats or incite violence towards individuals or entities, does not constitute harassment or illegal activity, and does not violate the privacy or publicity rights of any third party; and

  • any content posted, uploaded, shared, or used by you through your network becomes available to all users and may become publicly available on the internet and through third-party websites.

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Termination.
Elizabeth's Smile Foundation may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. 

 

5. General

Termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Website is provided "as is". To the extent allowed by law, Elizabeth's Smile Foundation and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Elizabeth's Smile Foundation nor its suppliers and licensors, makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Smile Network at your own discretion and risk.
 

Limitation of Liability. Nothing in these Terms of Use shall limit or exclude our liability to you:

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  • for death or personal injury caused by our negligence;

  • for fraudulent misrepresentation; 

  • for breach of any term implied by the UK Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or

  • for any other liability that, by law, may not be limited or excluded. 

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Subject to this, Elizabeth's Smile Foundation, or its suppliers or licensors, will not be liable with respect to you for any business losses, special, incidental, or consequential damages.  Elizabeth's Smile Foundation shall have no liability for any failure or delay due to matters beyond their reasonable control.

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Third Party Websites. Elizabeth's Smile Foundation relies on third-party websites for its functioning, and the Website may provide links, widgets, or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Elizabeth's Smile Foundation has no control over or responsibility for the maintenance or any outages of third-party websites or widgets. Inclusion of links to third-party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party websites, you do so at your own risk. Elizabeth's Smile Foundation suggests that you read the terms of use and privacy policies (if any) on those third-party websites. You agree that Elizabeth's Smile Foundation has no liability for any damage or loss of any type that is a result of your use of a third-party website.

General Representation and Warranty. You represent and warrant that (i) your use of the Smile Network will be in strict accordance with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless Elizabeth's Smile Foundation, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal costs, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. The Terms of Use constitute the entire agreement between Elizabeth's Smile Foundation and you concerning the subject matter they cover, and may only be changed by Elizabeth's Smile Foundation posting a revised version. Except to the extent applicable law provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its Terms of Use; Elizabeth's Smile Foundation may assign its rights under this Agreement without condition. This Agreement will be binding upon the parties, their successors, and permitted assigns.
 

5. Contacting Us

Please send any questions you have about these terms and conditions, or any problems concerning the Website, by email to info@elizabeth.org

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