Last Updated: August 24, 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE AND SERVICES. BY ACCESSING OUR SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, WITHOUT LIMITATION OR QUALIFICATION. We may modify these Terms at any time by posting a revised version on our Site or, if we determine appropriate, by sending you an email or other notice. Please review these Terms from time to time because your continued use of our Site after modified Terms have been posted indicates your consent to the modified Terms. If you do not agree to these Terms, you must not use our Site.
1. Site Content. Smile Train provides users with access to an extensive amount of resources ("Content") on our Site. Unless otherwise indicated, all Content on our Site (including text, graphics, logos, button icons, audio clips, writings, images, and photographs) is copyrighted by and proprietary to Smile Train and its licensors. You may use our Content only as expressly permitted in these Terms or as otherwise approved in writing by Smile Train and Smile Train UK.
2. Use of Content. You may print and/or download one copy of any page(s) from the Site which contain the Content for your personal and non-commercial use on the conditions that: (i) you do not copy, distribute, or otherwise use the Content in any media; (ii) you do not alter the Content or any proprietary notices; and (iii) you do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not otherwise use in any manner Content, in whole or in part, without Smile Train's and Smile Train UK's prior written consent. You may not use any automated or manual device or method to "scrape" or otherwise obtain our Content or any user data. If you print off, copy or download any part of the Content of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. Use of Our Site and Services: You agree to use our Site only for lawful purposes and in a manner that does not infringe the rights or restrict the use and enjoyment of our Site by any third party. Some of our Services may permit you to upload content (e.g., data, questions, comments, suggestions, or the like), which will be treated as non-confidential and non-proprietary information. Information and materials uploaded by you is not verified or approved by us. The views expressed by you and by other users of the Site do not represent our views and values. If you choose to create a fundraising page, you must create log-in information as described on the Site. Additional terms and conditions may apply to certain activities on our Site, such as making a donation to Smile Train UK. We assume no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks are borne solely by you. When you upload or otherwise send user content through our Services you grant Smile Train and Smile Train UK (i) a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable licence to reproduce, distribute, create derivative works of, publicly display and perform the user content in all media now known or later developed and (ii) a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable licence for other users, partners, or advertisers to use the content in accordance with the functionality of the Site. Smile Train and Smile Train UK reserve the right to remove any user content and communications from the Site in their discretion at any time without notice. You warrant that you have the right to include (and grant to Smile Train and Smile Train UK the above license to) any third-party materials and all individuals' names, likenesses, and voices that you include in any user content. Smile Train and Smile Train UK reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or their right to privacy.
If you wish to complain about content uploaded by other users, please contact us at firstname.lastname@example.org.
5. Conduct on the Site: You may use the Site and our Services on the condition that you comply with these Terms and you do not: (i) transmit any software or other materials that contain any virus, worm, time bomb, logic bomb, Trojan horse, or other harmful or disruptive component or otherwise interfere with operation of the Site; (ii) use the Site for any unlawful purpose or otherwise violate any applicable laws, rules, or regulations; (iii) upload any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or that infringes on our or any third party's intellectual property or other rights; (iv) upload any content without authorization to do so; (v) upload any spam, advertisements, solicitations, chain letters, or other unsolicited commercial communication; or (vi) attack our Site via a denial-of-service or a distributed denial-of-service attack. By breaching this provision, you may have committed a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
6. Copyright: Smile Train and Smile Train UK respect the intellectual property of others and require that individuals who use our Site also respect them. If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact our designated copyright agent, in writing, at:
By email: email@example.com
Smile Train, Inc.
633 Third Ave., 9th Floor
New York, NY 10017 USA
Attn: Legal Department, Copyright Compliance Manager
Please notify our designated copyright agent (using the details above) with the following information:
- (a) a physical or electronic signature of the owner of the copyright or a person authorized to act on the owner's behalf;
- (b) identification of the copyrighted work that you claim has been infringed;
- (c) identification of the material that you claim is infringing and information reasonably sufficient to permit Smile Train to locate the material (for example, by providing a URL to the material);
- (d) your name, address, telephone, number, email address and other information sufficient to permit us to contact you;
- (e) a 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
- (f) a statement that the information in your notice is accurate, and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
7. Requesting Permission to Use Content: To request permission to otherwise use Content from our Site or from other Smile Train or Smile Train UK printed materials, please send your request to firstname.lastname@example.org. When submitting a request, please provide the following:
- (a) Information about the exact Smile Train or Smile Train UK material you propose to use or copy, including, as available, the title of the document, page numbers, section titles, and copyright dates; for Content from our Site, include the web address (URL) and, if possible, attach a copy of the specific Content you wish to use;
- (b) Provide an explanation of how you wish to use or distribute (including channels of distribution) the Content or other material and whether you wish to sell or charge for reprinted materials;
- (c) Provide a description of your organization or business and its activities; and
- (d) Provide contact information, including fax number, email address, and/or mailing address.
Smile Train and Smile Train UK reserve the right in their discretion to decide whether to grant permission. Smile Train and/or Smile Train UK may grant permission to use portions of its materials if the material will be reproduced for educational purposes, and if the material will not be used for commercial or for-profit activities.
8. Trademarks: The name, trademarks, and service marks, including "Smile Train," the "Smile Train logo," and "Changing The World One Smile At A Time," which are registered service marks, and other indicia of source owned by Smile Train (collectively, "Smile Train Trademarks"). You may use Smile Train Trademarks only as expressly permitted by Smile Train.
9. Medical Disclaimer: SMILE TRAIN AND SMILE TRAIN UK DO NOT PROVIDE MEDICAL SERVICES OR ADVICE AND DO NOT GUARANTEE FINANCIAL SUPPORT FOR ANY REQUIRED MEDICAL SERVICES. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY. NO INFORMATION ON OUR SITE OR IN OTHER MATERIALS IS INTENDED AS MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR OR YOUR CHILD'S INDIVIDUAL MEDICAL NEEDS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR OR YOUR CHILD'S MEDICAL CONDITION.
10. No Warranties; Disclaimer: OUR SITE, SERVICES, AND CONTENT ARE MADE AVAILABLE FOR YOUR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND FOR GENERAL INFORMATION ONLY, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED), WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY THAT: (A) OUR SITE, SERVICES, OR CONTENT WILL BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY; (B) OUR SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS; OR (C) YOUR ACCESS TO AND USE OF OUR SITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS OR OTHERWISE SECURE. IF YOU RELY ON OUR SITE, SERVICES OR CONTENT YOU DO SO ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Rules about Linking to our Site: You may link to any part of our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our Site other than that set out above, please contact email@example.com.
13. Limitation of Liability: TERMINATING YOUR USE OF OUR SITE IS YOUR SOLE RIGHT AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR CAUSE OF ACTION ARISING FROM USE OF OUR SITE, SERVICES, OR CONTENT AND YOU AGREE THIS LIMITED REMEDY IS PART OF THE BARGAIN BETWEEN YOU, SMILE TRAIN, AND SMILE TRAIN UK. UNDER NO CIRCUMSTANCES WILL SMILE TRAIN, SMILE TRAIN UK, THEIR RESPECTIVE VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SITE, SERVICES, OR CONTENT, WHETHER BASED ON CONTRACT, TORT (STRICT LIABILITY OR OTHERWISE), INCLUDING LOSS OF VALUE, LOSS OF USE, LOST ANTICIPATED PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF GOODWILL, REPUTATION, OR OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF, NOTWITHSTANDING THESE TERMS, SMILE TRAIN AND/OR SMILE TRAIN UK IS/ARE HELD LIABLE TO YOU FOR ANY DAMAGE OR LOSS IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, OR CONTENT, YOU AGREE THAT SMILE TRAIN'S AND SMILE TRAIN'S AGGREGATE LIABILITY WILL IN NO EVENT EXCEED £UK100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO IN ENGLAND AND WALES. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
14. Indemnification: You agree to indemnify, defend (if Smile Train and/or Smile Train UK requests) and hold harmless Smile Train, Smile Train UK, and their respective vendors, licensees, licensors, agents, employees, officers, directors, partners, and volunteers (the "Indemnitees") from and against any and all losses, damages, liabilities, fees and costs, including attorneys' and lawyers' fees and court costs, which may be incurred by any Indemnitee in connection with your breach or alleged breach of these Terms or your use of the Site, Services, or Content. You may not settle or compromise any claim that would affect any Indemnitee's rights or legally obligate any Indemnitee without the Indemnitee's prior written approval in each case. Smile Train and Smile Train UK each reserve the right to control the defence (with its own counsel) of any indemnified claim.
15. Jurisdiction: The Site is controlled by Smile Train, which is headquartered in the State of New York, United States of America, and can be accessed from all fifty states as well as from other countries and locations around the world. The Site is for Smile Train UK, which is registered in England and Wales. By accessing this Site you agree that the laws of England and Wales will apply to all matters arising from or relating to use of the Site, Services, and Content. You also irrevocably: (i) submit to the exclusive personal jurisdiction and venue of the courts located in England and Wales with respect to all such matters; and (ii) waive any objection to the venue of those courts based on an inconvenient forum or other reasons. Smile Train and Smile Train UK make no representation that our Site, Services, or Content are appropriate or available for use outside the United Kingdom. To the extent any translated version of these Terms conflicts with the English version, the English version takes precedence.
- 16.1 You are responsible for complying with all local laws concerning your access of our Site, Services, and Content.
- 16.2 You are solely responsible and liable for accessing our Site from locations where doing so would be illegal or prohibited. If you attempt to access our Site from certain locations, we may instruct you to access an affiliate Site originating from or nearer your location.
- 16.3 Smile Train's and/or Smile Train UK's delay in enforcing these Terms will not be considered a waiver or limitation of any of its rights or remedies. If Smile Train and/or Smile Train UK determines or suspects that you have violated these Terms, Smile Train and/or Smile Train UK may disclose any information held about you if Smile Train and/or Smile Train UK determines in good faith it is necessary or appropriate in connection with any investigation or complaint regarding your use of our Site.
- 16.4 The term "including" is illustrative and means "including, but not limited to."
- 16.5 If any provision of these Terms is held by a court to be unenforceable, that provision will be modified to the extent necessary to make it enforceable or, if that is not possible, it will be deleted and the remaining Terms will be enforceable to the full extent permitted by law.
- 16.6 These Terms constitute the entire agreement between you and us with regard to your use of our Site, Services, and Content.
- 16.7 We may update and change the Site from time to time without providing notice to you.
- 16.8 We may update and change the Terms from time to time.
- 16.9 The Site is made available free of charge.
- 16.10 We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal but have no obligation to do so. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature to any person or geographic area.
- 16.11 You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
- 16.12 We may assign, transfer, replace or subcontract any or all of our rights and obligations under these Terms at any time.
- 16.13 Except in respect of a payment obligation to Smile Train or Smile Train UK, neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond our reasonable control.
- 16.14 These Terms do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
- 17.1 All contact or notices to be given in relation to these Terms or your use of the Site shall be given:
- (a) to us via e-mail to firstname.lastname@example.org; or
- (b) to you, via these Terms or an e-mail address that you confirm to us we may use for the purpose of contacting you.
- 17.2 Notice will be deemed received when an e-mail is received in full or (if given via these Terms) when it appears in the updated Terms.
Last Updated: August 24, 2022