Last updated: July 15, 2020
Terms and Conditions (“Terms”)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.smileyscope.com website and Smileyscope Virtual Reality App and others as varied from time to time (the “Service”) operated by Smileyscope Holding Inc and Smileyscope Pty Ltd (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. User Eligibility
The Website is provided by Smileyscope Holding Inc (US) and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website. If you are located in Australia, the Terms specified on the Australian version of the Website apply to you, and for the avoidance of doubt the Terms of that agreement supercede this agreement.
4. Smileyscope Service Terms and Conditions
5. Information Submitted Through the Website and the Services
With respect to any individual whose personal information is provided by You to Smileyscope through the Website and the Services, You represent to Smileyscope that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using.
6. License and Ownership
Smileyscope grants You a limited, personal, nontransferable, non-sublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by Smileyscope, and (b) access and use the Smileyscope computer and network services offered within the Website (the " Smileyscope Systems") only in the manner expressly permitted by Smileyscope. Except for this limited license, Smileyscope does not convey any interest in or to the Smileyscope Systems, information or data available via the Smileyscope Systems (the "Information"), Content, Services, Website or any other Smileyscope property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Smileyscope. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Smileyscope.
7. Restrictions on Use of the Website
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Smileyscope.
(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
(e) Certain areas of the Website are restricted to customers of Smileyscope.
(f) You may not use or access the Website or the Smileyscope Systems or Services in any way that, in Smileyscope’s judgment, adversely affects the performance or function of the Smileyscope Systems, Services or the Website or interferes with the ability of authorized parties to access the Smileyscope Systems, Services or the Website.
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Smileyscope.
(h) You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the Smileyscope website.
(b) Inbound Links. Linking to any page of the Website other than to through a plain text link is strictly prohibited in the absence of a separate linking agreement with Smileyscope. Any website or other device that links to or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content,
(c) implying in any fashion that Smileyscope or any of its affiliates are endorsing it or its products,
(d) misrepresenting any state of facts, including its relationship with Smileyscope or any of its affiliates,
(e) presenting false information about Smileyscope products or services, and
(f) using any logo or mark of Smileyscope or any of its affiliates without express written permission from Smileyscope.
Smileyscope does not accept ideas, concepts, or techniques for new services or products through the Website ("Comments"). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Smileyscope and its affiliates are under no obligation to keep such information confidential, and (c) Smileyscope will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.
You agree that Smileyscope, in its sole discretion, may terminate or suspend Your use of the Website, the Smileyscope Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, the Smileyscope Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Smileyscope shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the Smileyscope Systems, Information and/or the Services.
11. Disclaimer of Warranties
Smileyscope makes no representations about the results to be obtained from using the website, the Smileyscope systems, the services, the information or the content. The use of same is at your own risk.
12. Limitation of Liability
13. Compliance with Law Including Export Control
You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Smileyscope, negatively reflect on the goodwill or reputation of Smileyscope and shall take no actions which would cause Smileyscope to be in violation of any laws, rulings or regulations applicable to Smileyscope.
Smileyscope Holding Inc and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the website, the Smileyscope systems, information, services and content shall be instituted in a state or federal court sitting in the county of Delaware, United States of America and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to your use of the website, the Smileyscope systems, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.
15. Governing Law and Language
17. Written Document
18. Complete Agreement
19. Customer Service
Questions or comments regarding the Website may be submitted to Smileyscope at firstname.lastname@example.org.