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.

 

 

2. Scope of Terms of Use

These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website or outside of this environment (“Service Agreement(s)”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

 

 

3. Modifications

Smileyscope may revise and update these Terms of Use at any time.  Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of Smileyscope. Smileyscope may also change or impose fees for products and services provided through the Website at any time in its sole discretion. Smileyscope may establish or change, at any time, general practices and limits concerning other Smileyscope products and services in its sole discretion.

 

 

4. Smileyscope Service Terms and Conditions

The service terms and conditions of Smileyscope (the “Smileyscope Service Terms and Conditions”) applicable to related services provided by Smileyscope govern Your use of such Smileyscope related services obtained through this Website, in addition to any other terms and conditions that may be applicable to such transaction as provided in these Website Terms of Use and the Service Agreement(s). The Smileyscope Service Terms and Conditions are hereby incorporated into these Terms of Use, such that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the Smileyscope Service Terms and Conditions.

 

 

5. Information Submitted Through the Website and the Services

Your submission of information through the Website and the Services is governed by these terms of Use.  You represent and warrant that any information You provide through the Website or the Services is and will remain accurate and complete, and that You will maintain and update such information as needed.

 

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

Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of Smileyscope, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress ("Marks") of Smileyscope, its affiliates or other entities that have granted Smileyscope the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent Smileyscope Smileyscope. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Smileyscope or the appropriate third party's prior written permission. Except as expressly provided herein, Smileyscope does not grant to You any express or implied rights to Smileyscope or any third party's Intellectual Property.

 

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

In addition to other restrictions set forth in these Terms of Use, You agree that:

 

(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.

 

 

8. Links

(a) Outbound Links. The Website may contain links to third-party Websites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Smileyscope of the content on such Linked Sites. Smileyscope makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Smileyscope is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

(b) Inbound Links. Linking to any page of the Website other than to http://www.Smileyscope.com 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 http://www.Smileyscope.com 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.

 

 

9. Submissions

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. 

 

 

10. Termination

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.

 

The website, the Smileyscope systems, the information, the services and the content are provided on an "as is" basis.  Smileyscope, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.  Smileyscope and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the website or the Smileyscope systems.  No information obtained by you from the website shall create any warranty not expressly stated by Smileyscope in these terms of use.

 

Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to you.  If you are dealing as a consumer, your statutory rights that cannot be waived, if any, are not affected by these provisions.  You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms of use are fair and reasonable.

 

 

12. Limitation of Liability

To the extent permitted by applicable law and to the extent that Smileyscope is otherwise found responsible for any damages, Smileyscope is responsible for actual damages only.  To the extent permitted by law, in no event shall Smileyscope, its affiliates, its licensors, its suppliers or any third parties mentioned at the website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website, the Smileyscope systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Smileyscope is advised of the possibility of such damages.  To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for in these terms of use. Smileyscope does not guarantee that access to the Smileyscope website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Smileyscope website or any data on such a computer.

 

 

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).

 

 

14. Jurisdiction

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

To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of Delaware, U.S.A. excluding (i) Delaware’s conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.  To the fullest extent permitted by law, the controlling language for these Terms of Use is English.

 

 

16. General

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

 

17. Written Document

You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.

 

 

18. Complete Agreement

Except as expressly provided in a separate license, service or other written agreement between you and Smileyscope, these terms of use constitute the entire agreement between you and Smileyscope with respect to the use of the website, the Smileyscope systems, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. 

 

 

19. Customer Service

Questions or comments regarding the Website may be submitted to Smileyscope at info@smileyscope.com.

© Copyright Smileyscope Holding Inc. EIN 35-2679122 
 

Privacy Policy  Terms and Conditions

Disclaimer: The information on this page is not a substitute for the advice of a healthcare professional and is provided as general information only. Always seek the advice of your healthcare professional before making healthcare decisions.

Resources

Quick Reference Guide

User Manual - on request

sales@smileyscope.com

USA: +1 888 300 7117

Australia & Rest of World: +61 1800 870 396

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