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The following is a legal agreement between Strevda, LLC (doing business as Smiles4All), a California Limited Liablity Company with offices at 5 Woodland Drive Suite 1000, Irvine, California 92604 ("Smiles4All", "we", "us", or "our") and "you", the user of this Site.

By accessing, browsing and/or using this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, do not use this Site.

Your Use of the Site: Smiles4All hereby grants you a limited license to copy and use the materials, features, and services provided by Smiles4All on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.

You may not use this Site to send online greeting cards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. Smiles4All reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.

You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.

Your use of the Site is subject to all applicable local, state, national, and international laws and regulations, and you agree not to use the Site for purposes that violate such laws and regulations. In addition, you agree that: (1) you will not interfere with another customer's use and enjoyment of the Site; (2) you will not upload, download, transmit or otherwise distribute any message, data, information, text, or other material ("Content") that my infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party, and that, by uploading or downloading any Content, you represent and warrant to Smiles4All and our affiliates that you have the lawful right to reproduce and distribute such Content; (3) you will not upload, download, transmit, or otherwise distribute any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; (4) you will not upload, download, transmit, or otherwise distribute any viruses or other harmful, disruptive, or destructive files; (5) you will not upload, download, transmit, or otherwise distribute any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (6) you will not use or attempt to use another's account, service, or system without authorization from Smiles4All, or create or use a false identity on this Site; (7) you will not upload, download, transmit, or otherwise distribute spam, chain letters, junk mail, or any other type of unsolicited mass email to people or entitles who have not agreed to be part of such mailings.; (8) you will not attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; (9) you will not interfere with or disrupt networks, systems, and/or computers connected to the Site, and you will comply with all regulations, policies, and procedures of such networks and systems; and (10) you will comply with all United States laws regarding the transmission of technical data exported from the United States. You acknowledge and agree that you are responsible for all use of your email address and will notify Smiles4All immediately of any unauthorized use.

Creating Your Own Greetings and Photos and/or Images: Smiles4All may allow you to create your own greetings by uploading your own photos, artwork and other materials. If we do and you do so, you are subject to the conditions outlined in these Terms.

When you upload photos and/or images to the Site you are indicating that you own the photo and/or image and/or have full rights to its use. When you upload material to the Site and use it to create a greeting, your material will be used for the transmission of your digital greeting; however, we may also use such material in the course of performing testing, training and/or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.

We may conduct a promotion or contest in which we showcase greetings created by our members. Moreover, you may also have the opportunity to post materials within certain portions of the Site in such a manner that the materials you post are publicly accessible (e.g., at the Atomic Rose portion of the Site). If you enter such a contest or promotion, or if you elect to post any materials for inclusion in publicly accessible areas of Site, you automatically grant to us and our affiliates (and warrant that you have the right to so grant) a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, create derivative works from, and distribute the materials you submit, or to incorporate the materials you submit, into any form, medium, or technology now known or later developed, in connection with the promotion of Smiles4All, our affiliates, and our respective products and services. For purposes of the foregoing, "publicly accessible " means those areas of the Site accessible by the general public. You acknowledge and agree that Smiles4All and our affiliates have the right to review any and all materials that you upload or otherwise publish on the Site and that Smiles4All may, in its sole discretion, remove any and all such materials from the Site without prior notice to you if Smiles4All deems, in its sole discretion, that such materials violate these Terms.

If you send creative materials or suggestions to us at our request (for example, by entering a contest) or send unsolicited creative materials or suggestions to us despite our request that you not do so, you automatically grant to Smiles4All (or warrant that you have the right to so grant) a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, create derivative works from and distribute the materials or suggestions you submit or to incorporate the materials or suggestions you submit into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all "moral rights" in the materials or suggestions you submit have been waived.

No Transfer of Property Rights: The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by Smiles4All or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Smiles4All or any third party.

Links to and From Third Party Sites; Framing: This Site may provide links or references to other sites; neither Smiles4All nor its affiliates has any responsibility for the content of these other sites, makes any representations or give any warranties with respect to any information contained in or at these other sites, or shall be liable for any damages or injury arising from the content of these other sites. Neither Smiles4All nor its affiliates endorses companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to the users of this Site and, if you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. Smiles4All reserves the right to terminate any link or linking program at any time.

There may be circumstances where access to this Site is provided by a link located at another Web site. Neither Smiles4All nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither Smiles4All nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither Smiles4All nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.

Updates to Site: Smiles4All reserves the right to modify this Site and the Materials at any time without prior notice to you.

Warranty Restriction; Limitation Of Liability: THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT.

NEITHER SMILES4ALL NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF SMILES4ALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT SMILES4ALL AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).

NEITHER SMILES4ALL NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS SMILES4ALL AND ITS AFFILIATES AND PARTIES WITH WHOM SMILES4ALL HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.

International Use: Neither Smiles4All nor its affiliates makes any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Under United States export controls, software from this site may not be downloaded or otherwise exported or re-exported (1) into, or to a national resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using software from this site, you represent and warrant that you are not located in, are not under the control of, and are not a national or resident of any such country or on any such list.

Indemnification: Upon a request by Smiles4All, you agree to defend, indemnify, and hold harmless Smiles4All and its affiliates, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. Smiles4All reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Smiles4All in asserting any available defenses.

Enforcement by Smiles4All: In the event Smiles4All determines, in its sole discretion, that you have violated these Terms, Smiles4All shall have the right to immediately remove any materials you have placed on the Site and/or terminate your access to the Site, without prior notice to you, and/or pursue any other remedies available to it under applicable law.

Governing Law: This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of California (excluding any conflict of laws provisions of the State of California that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding this Site or any part of the Site shall be brought only in Orange County, California. EACH OF THE PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN SANTA ANA, ORANGE COUNTY, CALIFORNIA.

Updates to Terms: Smiles4All shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

 

 

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