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Terms of Service
- Although we may attempt to notify you when major changes are made to these Terms of Service, it is your right to periodically review the most current version. My Smile TV may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
- These Terms of Service apply to all My Smile TV subscribers (users) of the Service, including subscribers who are also contributors of Content or Service on the My Smile TV site. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features such as list directories, email or snail mail and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of My Smile TV, including but not limited to all products, software and services offered via the My Smile TV website, such as the My Smile TV products; "Embedded Player," "Upload," "Campaign and Lead Builder," "Professional Networking," "Anytime / Anywhere CE," "Referral Program," "Patient Education" and other applications.
- The Service may contain links to third party websites that are not owned or controlled by My Smile TV. My Smile TV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, My Smile TV will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve My Smile TV from any and all liability arising from your use of any third-party website.
My Smile TV Accounts
- In order to access some features of the Service, you will need to create a My Smile TV subscriber account. You may never use another's account without proper authorization. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify My Smile TV immediately of any breach of security or unauthorized use of your subscriber account so that we may act accordingly.
- Although My Smile TV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of My Smile TV or others due to such unauthorized use.
Cancellation and No Refund Policy
The Cancellation and No Refund Policy for My Smile TV is established upon the subscriber complete Registration, for which content and services are distributed to the subscriber to include the activation fee and first monthly subscription.
The initial registration and your initial activation of My Smile TV is the Registration to include the onetime activation fee and the first monthly subscription, together.
- The date of Registration shall provide Subscriber immediate access to and use of My Smile TV services that are available to the authorized subscriber. My Smile TV services can be cancelled by the Subscriber at any time without penalty.
- My Smile TV does not provide refunds at any time during the subscription term that commences immediately upon the date of Registration and ends when Subscriber chooses to terminate services. No refunds are provided at any time following the completion of Registration.
Cancellation. To avoid any unwanted delays and to expedite the cancellation process, cancellation notices must be in writing to include the following required information.The written Notice of Cancellation must include:1.) subscriber's name, 2.) subscriber's location mailing address where services are being provided that was recorded during the initial Registration process, 3.) subscriber's unique Customer ID as recorded during the initial Registration that is located on the initial Registration Receipt and, 4) the subscriber's or cardholder's last four digits of credit card number on file.
Further, any and all Cancellation Notices received within the 30 day billing cycle will be charged a final or closing monthly subscription for services provided within that 30 day service and billing cycle. And finally, all written notices of cancellation by the subscriber must receive a confirmation of cancellation notice by My Smile TV via an email response. If subscriber has not received a confirmation of the written cancellation notice within 24 hours, subscriber should attempt sending another written notice of cancellation to email@example.com or calling 888-4MY-MSTV and ask that someone contact them to provide a confirmation as receipt of the cancellation notice.
- The Cancellation and No Refund Policy for My Smile TV is established upon the subscriber complete Registration, for which content and services are distributed to the subscriber to include the activation fee and first monthly subscription.
General Use of the Service—Permissions and RestrictionsMy Smile TV hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without My Smile TV's prior written authorization, unless My Smile TV makes available the means for such distribution through functionality offered by the Service (such as the Embedded Player).
- You agree not to alter or attempt to modify or alter any part of the Service.
- You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embedded Player, or other explicitly authorized means My Smile TV may designate.
- You agree not to use the Service for any of the following commercial uses unless you obtain My Smile TV's prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from My Smile TV appears on the same page and is of sufficient value to be the basis for such sales.
- Prohibited commercial uses do not include:
- uploading an original video to My Smile TV, or maintaining an original channel on My Smile TV, to promote your business or artistic enterprise;
- showing My Smile TV videos through the Embedded Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
- any use that My Smile TV expressly authorizes in writing.
- Should authorization be granted to use the My Smile TV Embedded Player on your website, you may not modify, build upon, or block any portion or functionality of the Embedded Player, including but not limited to links back to the My Smile TV website.
- If you use the My Smile TV Upload, you agree that it may automatically download and install updates from time to time from My Smile TV. These updates are designed to improve, enhance and further develop the Upload and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit My Smile TV to deliver these to you) as part of your use of the Upload.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the My Smile TV servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, My Smile TV restricts the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. My Smile TV reserves the right to evoke exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, if any, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial or public solicitation purposes. You agree not to solicit, for commercial or public purposes, any users of the Service with respect to their Content.
- In your use of the Service, you will comply with all applicable laws.
- My Smile TV reserves the right to discontinue any aspect of the Service at any time.
Your Use of ContentIn addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to My Smile TV, subject to copyright and other intellectual property rights under the law.
- Content is provided to you as presented within the My Smile TV video library unless permissible sharing or video, image or texting customization is applied. You may access Content for your information and professional use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by My Smile TV on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of My Smile TV or the respective licensors of the Content such as My Smile TV permissible sharing or video, image or texting customization as may be applied by the subscriber. My Smile TV and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Professional Content from a variety of sources, and that My Smile TV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Professional Content. You further understand and acknowledge that you may be exposed to Professional Content that is inaccurate, distasteful, coarse, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against My Smile TV with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless My Smile TV, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Your Content and Conduct
- As a My Smile TV subscriber account you may submit Professional Content to the Service, including videos and user comments. You understand that My Smile TV does not guarantee any confidentiality with respect to any Professional Content you submit.
- You shall be solely responsible for your own Upload of Professional Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to My Smile TV all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- For clarity, you retain all of your ownership rights in your own Professional Content, otherwise, Customized Video Content. However, by submitting Customized Video Content to My Smile TV, you hereby grant My Smile TV a worldwide, non-exclusive, royalty-free, sublicense and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and My Smile TV's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Professional Content through the Service, and to use, reproduce, distribute, display and perform such Professional Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Customized Video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that My Smile TV may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have authorization from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant My Smile TV all of the license rights granted herein.
- You further agree that you will not submit to the Service any Professional Content or other material that is contrary to the My Smile TV Subscriber Guidelines, that may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
The My Smile TV Guidelines are not asking for the kind of respect reserved for religion, toddlers, elderly or surgeons, however, we mean not to abuse the The My Smile TV site. Any and all new subscriber(s) taking advantage of the feature(s) on The My Smile TV engages a firm level of trust. Our reliance is that you will be responsible, and that thousands of the My Smile TV subscribers will respect that trust. Be one of them.
Don't Abuse Your My Smile TV freedoms
Common-sense rules to help subscribers stay clear of trouble:
- My Smile TV is not for pornography or sexually explicit content. If this describes your video, images or choice of language, even if it's of yourself, do not post it on My Smile TV. Be advised that we will comply and work closely with local law enforcement when needed and will report child exploitation. Always play safe and exude professional etiquette on My Smile TV!
- Do not post videos showing unacceptable and in bad taste content such as animal cruelty or abuse, drug abuse, under-age drinking and smoking, or bomb making.
- Graphic or needless violence is also restricted. If your video shows someone being physically hurt, attacked, or humiliated, do not Upload it.
- My Smile TV is not a shock site. Do not post repulsive content containing accidents, dead bodies or similar content intended to shock, disgust or content that may slightly cause humiliation of another's loss – even if it was made or is public knowledge
- Respect copyright law. Only use Upload for content that you made or that you are authorized to use. This means do not use Upload for content you did not make, or use content within your video, image or language creations that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.
Please note that Copyright is a form of protection provided for original works of authorship, including literary, dramatic, musical, graphic and audiovisual creations. "Copyright" literally means the right to copy, but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their creation.
What is copyright infringement? Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
Posting copyright-infringing content will lead to the immediate termination of you're my Smile TV account, and possibly monetary damages if a copyright owner decides to take legal action (this is serious—you will get sued!). Below are some guidelines to help you determine whether your content is eligible or whether it infringes an owner's copyright protections.
As a general understanding, My Smile TV respects the rights of artists and creators, and expects you will work diligently with other Professional subscribers in maintaining My Smile TV's professional community and its integrity for both creative and legal – providing an affirmative experience for everyone.
How To Make Sure Your Video Does Not Infringe on Copyrights
Be sure that each facet of your video or image content is your original creation—even the audio portion. For example, if you use an audio track of a sound recording owned by a record label without that record label's permission, your video is infringing upon the copyrights of others, and will be subject to removal by My Smile TV.
- We encourage free speech and defend everyone's right to express unpopular points of view. However, we restrict hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
- Everyone dislikes spam. Don't create misleading descriptions, tags, titles or thumbnails in order to increase views. My Smile TV restricts posting large amounts of untargeted, unwanted or repetitive content, including comments and private messages.
Please take these rules seriously and by all means, professionally and personally. Do not try to look for loopholes or try to lawyer your way around the guidelines—just understand them and try to respect the positive inception in that they were created
We Enforce These Guidelines
My Smile TV staff does actively review Professional Content, videos, images and texting 24 hours a day, seven days a week to determine whether they violate our Subscriber Guidelines. When they do, we remove them. Sometimes a video doesn't violate our Subscriber Guidelines, but may not be appropriate for everyone. These videos may be age-sensitive and thus restricted. Accounts are penalized for Subscriber Guideline violations and serious or repeated violations will lead to account termination. If your account is terminated, you will not be allowed to create any new accounts. For more information about how the Subscriber Guidelines are enforced and the consequences of violating them, please visit the Guideline Enforcement.
My Smile TV is for the Professional Community
Remember that this is your Professional Community! Each and every subscriber to My Smile TV makes the site what it is, so don't be timid or afraid to roll up your sleeves and get involved!
- Have fun with the site. There are many building tools and creative options at your fingertips with My Smile TV, and many professionals are designing amazing marketing strategies and sharing them with their colleagues. The over-the-counter computer equipment and control modules are becoming more affordable to everyone and easier to use all the time, so jump in and have fun and remember, your patients see your work!
- Let other professionals know what you think, what your approach is or how you are doing it. Constructive feedback is the greatest part of the experience, and when done constructively, can be a great way to widen your professional network, share stories, and make your time on My Smile TV a richer experience for you and your customers. So leave comments, rate videos, make your own responses to videos that affect you, enter contests of interest—there's a lot building and many ways to participate during the construction process.
My Smile TV does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and My Smile TV expressly disclaims any and all liability in connection with Content. My Smile TV does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and My Smile TV will remove all Content if properly notified that such Content infringes on another's intellectual property rights. My Smile TV reserves the right to remove Content without prior notice.
Account Termination Policy
- My Smile TV will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- My Smile TV reserves the right to decide whether Professional Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or length outside of the My Smile TV Program Requirements. My Smile TV may at any time, without prior notice and in its sole discretion, remove such Professional Content and/or terminate a subscriber’s account for submitting such material in violation of these Terms of Service.
Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any Professional Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Counter-Notice. If you believe that your Content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Professional Content, you may send a counter-notice containing the following information to notifications of claimed infringements:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, My Smile TV will forward correspondence to its Copyright Agent and may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, subscriber or user, the removed Content may be replaced, or accessed to restore it in 10 to 14 business days or more after receipt of the counter-notice, at My Smile TV's sole discretion.
Additional Description: The Digital Millennium Copyright Act (DMCA)
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998 by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.
On May 22, 2001, the European Union passed the Copyright Directive or EUCD, which addresses some of the same issues as the DMCA. The DMCA's principal innovation in the field of copyright, the exemption from direct and indirect liability of internet service providers and other intermediaries (Title II of the DMCA), was separately addressed, and largely followed, in Europe by means of the separate Electronic Commerce Directive. (Unlike U.S. federal laws and regulations, the execution of European Union directives usually requires separate legislation by or within each of the Union's member states.)
- If you are a copyright owner or an agent thereof and believe that any Professional Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MY SMILE TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. MY SMILE TV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PROFESSIONAL, PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THAT MAY BE CONSIDERED SENSITIVE INFORMATION THAT CURRENTLY IS OR WAS PREVIOUSLY STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. MY SMILE TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY PANEL, ZONE OR OTHER ADVERTISING, AND MY SMILE TV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL MY SMILE TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PROFESSIONAL, PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THAT MAY BE CONSIDERED SENSITIVE INFORMATION THAT CURRENTLY IS OR WAS PREVIOUSLY STORED THEREIN, (IV) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MY SMILE TV SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by My Smile TV from its facilities in the United States of America. My Smile TV makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless My Smile TV, its parent corporation, founders, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or have the authority and guidance of parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Service is intended for professional use only. If you are not of the accepted age, do not attempt to register with the Service. There are many other web sites for you. Talk with your parents or guardians about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by My Smile TV without restriction.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to professional or personal jurisdiction over My Smile TV, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and My Smile TV that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Notice and any other legal notices published by My Smile TV on the Service, shall constitute the entire agreement between you and My Smile TV concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and My Smile TV's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. My Smile TV reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MY SMILE TV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: April 4, 2011
My Smile TV subscribers must be registered to access services.
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