Terms & Conditions
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.
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.
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
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.
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.
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 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.
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.
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
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.
By making content available, you represent and warrant that:
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.
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.
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.
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.
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.
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.
5. Contacting Us
Please send any questions you have about these terms and conditions, or any problems concerning the Website, by email to email@example.com