Website and Content
All of the material features or displays on the Website, including without limitation, all text, scripts, code, designs, graphics, music, videos, applications, interactive features, articles, stickers, photographs, images, moving images, sounds, illustrations and other content (“Content”) are owned by us, our licensors or our suppliers. We reserve all rights not expressly described in these terms.
All of the trademarks, service marks, trade names and logos (“Marks”) used on the Website belong to us, our licensors or our suppliers. You are prohibited from using the Marks in any way without our prior written consent. You do not acquire any license or ownership rights to any trademarks, service marks or trade names through your access or use of the Website.
- All elements of the Website, including without limitation, the Website and Content and trademarks, are protected by trade dress, copyright, trademark and other laws relating to intellectual property rights.
- Except as may be otherwise expressly indicated by us in specific documents posted on the Website, you are authorized to view, play, print and download Content for personal, informational, and noncommercial purposes only.
- Outside of the specific usage rights granted to you by us in connection with the Website, you may not use, edit, translate, display, download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell, or in any way exploit any Content or trademarks. You will not remove any copyright, trademark or other proprietary notices from the Website or Content found on the Website.
- The Website and Content, trademarks, shall remain the exclusive property of us or our licensors or suppliers, as applicable, unless otherwise expressly agreed by us.
3. RESTRICTIONS ON USE
We give you permission to use our Website so long as you do not:
- use the Content on the Website for any commercial purpose;
- use the Content or the Website for any illegal purpose;
- attempt to gain unauthorized access to any other user’s computer systems or networks associated with the Website;
- modify or attempt to modify or in any way tamper with Website;
- use the Website or any of the Content on it in a way that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, right of privacy or right of publicity; or
- interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.
4. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT
Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. We may terminate the accounts of Website users found to infringe third party copyrights and other intellectual property.
If you believe that your work has been improperly copied to the Website, such that it constitutes infringement, please provide us with the following information, and send copyright and other intellectual property infringement complaints to dataprivacy@SmileyWorld Ltd.com.
- name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
- a description of the copyrighted work that you claim has been infringed;
- a description of where on the Website the Content that you claim is infringing is located;
- a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
5. PARTNERS ON THE PLATFORM
6. COMPETITIONS, SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any competitions, sweepstakes, contests or other promotions (“Promotion”) offered via the Website may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, and terms and conditions governing the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
7. COLLECTION OF PERSONAL INFORMATION FROM OR THROUGH SOCIAL MEDIA SITES OR USING YOUR SOCIAL MEDIA LOGON
When you interact with any SmileyWorld Ltd page or account on a social media platform, such as Facebook, Instagram, LinkedIn, or YouTube, we may collect the personal information that you make available to us on that page or account including your account ID or “handle.” However, we will comply with the privacy policies of the corresponding social media platform and we will only collect and store such personal information that we are permitted to collect by these social media platforms. We use the information from one portion of our sites on other portions of sites in our network of sites or in reports and analysis, all of which are owned and operated by SmileyWorld Ltd.
8. YOUR WARRANTIES
You represent and warrant that:
- all information you provide to SmileyWorld Ltd is accurate and complete; and
We does not warrant or represent that your use of materials displayed on this Website will not infringe rights of third parties not owned by or affiliated with us.
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, the Website is provided “as is” and without any warranties of any kind. We expressly disclaim all warranties, express or implied, including, warranties of title, merchantability, fitness for a particular purpose, non-infringement or warranties of uninterrupted, timely, secure, accurate, or error-free use or operation.
We assume no liability or responsibility for:
- errors, mistakes, or inaccuracies on the Website;
- any acts or omissions of users, our partners, advertisers or other parties on or through the Website;
- any unauthorized access to or use of the Website;
- any interruption or cessation of transmission to or from the Website;
- any physical injuries or emotional to you or third parties related to the Website; and
- any bugs, viruses, trojan horses, or the like.
10. LIMITATION OF LIABILITY
Furthermore, your use of and browsing in this Website is at your risk. To the fullest extent permitted by law, in no event will we be liable for consequential, indirect, incidental, punitive, reliant, exemplary or special damages arising out of or in connection with:
- the use, disclosure, display, or maintenance of your information, including any personal information;
- the Website; or
- any of the Website Content.
This Website may contain links to other sites operated by third parties other than us. Such links are provided for your convenience only. We has not reviewed all of the sites linked to such sites, we do not control such sites and is not responsible for their content. Your linking to any other off- site pages or other sites is at your own risk. The fact that this Website contains links to other sites does not mean that we approves of, endorses or recommends those sites, nor does it imply any association with their operators.
12. WEBSITE DISPUTES
“Website Disputes” include:
- any claim you may have against us in connection with Website;
- any claim we may have against you in connection with Website; and
All other disputes are Non-Website Disputes. Any claim arising from your purchase of a product of ours or service or from the Content of any offer or advertisement on the Website is a Non-Website Dispute.
Choice of Law/Jurisdiction
- You agree that the Website is a passive Website solely based in Hong Kong, China, which does not give rise to personal jurisdiction over us in jurisdictions other than Hong Kong.
- Except where prohibited by applicable law, and without limitation to any statutory rights for users, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Website shall be resolved individually, without resort to any form of class action, and exclusively in the courts located in Hong Kong, China.
- You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the courts located in Hong Kong, China.
- All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
13. GENERAL PROVISIONS
Right to Assign, No Waivers, Severability
14. CONTACT US