Terms of Service

The gist

We (the folks at SmileyDelta) website called SmileyDelta.com and would love for you to use it. Our service is designed to give you as much control and ownership over what goes on your account as possible. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your account.

Terms of Service

The following terms and conditions govern all use of the SmileyDelta.com website and all content, services, and products available at or through the website, including, but not limited to. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SmileyDelta’s Privacy Policy) and procedures that may be published from time to time by SmileyDelta (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by SmileyDelta, acceptance is expressly limited to these terms. Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. Use of our Services requires a SmileyDelta.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your password secure.

1. SmileyDelta.com

Your SmileyDelta Account and Website. If you create an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify SmileyDelta of any unauthorized uses of your account, or any other breaches of security. SmileyDelta 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. Responsibility of Contributors. If you post material to SmileyDelta.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using SmileyDelta.com, you represent and warrant that your Content and conduct do not violate these terms. If you delete Content, SmileyDelta will use reasonable efforts to remove it from SmileyDelta.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, SmileyDelta has the right (though not the obligation) to, in SmileyDelta’s sole discretion, (i) reclaim your account due to prolonged inactivity, (ii) refuse or remove any content that, in SmileyDelta’s reasonable opinion, violates any SmileyDelta policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of SmileyDelta.com to any individual or entity for any reason. SmileyDelta will have no obligation to provide a refund of any amounts previously paid.

2. Payment and Renewal.

General Terms. Paid services are available. By selecting a paid service you agree to pay SmileyDelta the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a service and will cover the use of that service for a monthly or annual subscription period as indicated. Automatic Renewal. Unless you notify SmileyDelta before the end of the applicable subscription period that you want to cancel a service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time. Access. If you lose access to your SmileyDelta account, you may not be able to access your Content. License. We may scan SmileyDelta Content, and compile aggregated/anonymized statistics for our internal use to optimize the performance of the SmileyDelta service. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your SmileyDelta Content, to the extent necessary to operate the SmileyDelta service. These Terms don’t give us any rights in your SmileyDelta Content, beyond those we need to operate SmileyDelta. You own your SmileyDelta Content.

Prohibited Uses. When using SmileyDelta, you agree not to:
  • Publish material or engage in activity that is illegal under applicable law.
  • Overburden SmileyDelta’s systems, as determined by us in our sole discretion.
  • Disclose the sensitive personal information of others.
  • Send spam or bulk unsolicited messages.
  • Interfere with, disrupt, or attack any service or network.
  • Distribute material that is or enables malware, spyware, adware, or other malicious code.

Payment, Renewal and Refunds. SmileyDelta offers different levels of service. By signing up for a particular level of service, you agree to pay SmileyDelta the applicable subscription fees. Unless you notify us before the end of your subscription period that you no longer wish to use SmileyDelta, your subscription will renew automatically. If we change pricing for a service to which you’re subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for you. Payment failures will result in the cancellation of your SmileyDelta plan. Cancellation. If you cancel your subscription to SmileyDelta, we will queue your Content for deletion.

3. Responsibility of Visitors.

SmileyDelta has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, SmileyDelta does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, 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. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services 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. SmileyDelta disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

4. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SmileyDelta.com links, and that link to SmileyDelta.com. SmileyDelta does not have any control over those non-SmileyDelta.com websites, and is not responsible for their contents or their use. By linking to a non-SmileyDelta.com website, SmileyDelta does not represent or imply that it endorses such website. 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. SmileyDelta disclaims any responsibility for any harm resulting from your use of non-SmileyDelta.com websites and webpages.

5. Copyright Infringement and DMCA Policy.

As SmileyDelta 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 SmileyDelta.com violates your copyright, you are encouraged to notify SmileyDelta in accordance with SmileyDelta’s Digital Millennium Copyright Act (“DMCA”) Policy. SmileyDelta will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SmileyDelta or others. In the case of such termination, SmileyDelta will have no obligation to provide a refund of any amounts previously paid to SmileyDelta.

6. Intellectual Property.

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

7. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

8. Termination.

SmileyDelta may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SmileyDelta.com account (if you have one), you may simply discontinue using our Services. 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.

9. Disclaimer of Warranties.

Our Services are provided “as is.” SmileyDelta 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 SmileyDelta nor its suppliers and licensors, makes any warranty that our Services 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, our Services at your own discretion and risk.

10. Limitation of Liability.

In no event will SmileyDelta, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SmileyDelta under this agreement during the twelve (12) month period prior to the cause of action. SmileyDelta shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the SmileyDelta Privacy Policy, 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 country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

12. Indemnification.

You agree to indemnify and hold harmless SmileyDelta, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

13. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

14. Miscellaneous.

This Agreement constitutes the entire agreement between SmileyDelta and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SmileyDelta, or by the posting by SmileyDelta of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SmileyDelta may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.