Last Updated: March 23, 2022
These TOU limit the remedies that may be available to you in the event of a dispute with us.
Please note that the TOU are subject to change by us in our sole discretion at any time. When changes are made, Smile Heaux will make a new copy of the TOU available on the Website. We will also update the “Last Updated” date at the top of the TOU. If we make any material changes, and you have provided us with your email address, we reserve the right -- but do not have the obligation -- to make a reasonable effort to send an email to you at the last email address you provided to us. Any changes to the TOU will be effective immediately. Smile Heaux may ask you to provide consent to the updated TOU in a specified manner before further use of the Website is permitted, or before making a purchase at or via the Website. If you do not agree to any change(s) after we post them or after you receive notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). Please regularly check the Website to view the then-current TOU which will take precedence over all prior versions.
Use of IP Properties.
The Website and the content and information available on the Website, including but not limited to any future release, update or later-created Content (defined below) (collectively “IP Properties”) are protected by copyright laws throughout the world. Subject to the TOU, Smile Heaux grants you a limited license to reproduce portions of these IP Properties for the sole purpose of using the Website for your personal purposes including sharing our IP Properties on a noncommercial basis, unless otherwise specified by Smile Heaux in a separate written license.
The limited right granted to you in the TOU are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, commercially reproduce, distribute, host or otherwise commercially exploit IP Properties or any portion of Smile Heaux; (b) you shall not use any metatags or other “hidden text” using Smile Heaux’s name, trademarks or other intellectual property; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of IP Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable limited permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials; (e) you shall not access IP Properties in order to build a similar or competitive Website, application or service; and (f) except as expressly stated herein, no part of IP Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means for any purpose. Smile Heaux reserves all rights not granted in the TOU for itself and for third parties with whom Smile Heaux expressly contracts (including but not limited to Smile Heaux suppliers and service providers). Any unauthorized use by or for you of IP Properties will automatically and immediately terminate the limited license granted to you by Smile Heaux pursuant to the TOU without the need for any further notice or action on our part. You affirm and agree that you shall not upload to, email to, distribute or otherwise publish through, or share with or through the Website any content or materials deemed by Smile Heaux, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party privacy, moral, copyrights, trademarks or other intellectual property rights, or which violates any regulation or law, or which is deemed by Smile Heaux in its sole discretion to be advertising or "spam". Smile Heaux’s decision on this matter shall be final.
Registration / registering your Account.
In order to access certain features of the Website, you will be required to become a Registered User. For purposes of the TOU, a “Registered User” is a user who creates an account with Smile Heaux (“Account”) by either registering directly with Smile Heaux through the Website or logging into the Website with the user’s social networking service account (“Third-Party Account”). By logging in with your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to Smile Heaux and/or grant Smile Heaux access to your Third-Party Account (including, but not limited to, for use by Smile Heaux and its designees for the purposes described herein) without breach by you of any of the TOU and conditions that govern your use of the applicable Third-Party Account and without obligating Smile Heaux to pay any fees or incur any liability or making Smile Heaux subject to any usage limitations imposed by any third party (including the Third-Party Account rights holders and service providers). If you elect to grant Smile Heaux access to any Third-Party Accounts, you affirm that you understand that Smile Heaux may access, make available and store (if applicable) any of your content, information, photographs, and/or other materials (collectively, “Content”) accessible through Smile Heaux that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through IP Properties via your Account. Unless otherwise specified in the TOU, all Third-Party Account Content shall be considered to be your Content for all purposes of the TOU including but not limited to licenses to display, use, modify, copy and perform any intellectual property contained or included therein. Subject to the privacy settings that you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your Account on IP Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Smile Heaux’s access to such Third-Party Account is terminated by the third-party service provider, then your Account Content may no longer be available on and through IP Properties. Please note that your relationship with the third-party service provider associated with your Third-Party Account is governed solely by your agreement(s) with such third-party service provider, and Smile Heaux disclaims any liability for personally identifiable information that may be provided to it by such third-party service provider in violation of the privacy settings that you have set in such Third-Party Account. Smile Heaux makes no effort to review, and does not warrant, any Content for any purpose including, but not limited to, for accuracy, legality or noninfringement, and Smile Heaux is not responsible for any Third-Party Account Content.
In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least thirteen (13) years old (or such other minimum age of requirement as may be applicable in your jurisdiction) and not a person barred from using IP Properties under the laws of the United States, Canada, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Smile Heaux immediately of any unauthorized use of your password or any other breach of security. You must exit/sign out from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Smile Heaux has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smile Heaux has the right to suspend or terminate your Account and refuse any and all current or future use of IP Properties (or any portion thereof). You agree not to create an Account using a third party’s identity without their informed and express consent or permission, or providing false age or payment information about or on behalf of yourself or someone else. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use IP Properties if you have been previously removed or barred by Smile Heaux from any Smile Heaux store (including this online store). If we terminate your license to use the Service, we may retain enough information to prevent you from signing up for the Service in the future.
If You are a GDPR resident or citizen and ask us to delete your Account, we will or may, in our discretion, remove certain personally identifying information from our active user database, and then from our records in accordance with our data deletion cycle, except that we may retain personally identifying information where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a user’s request.
Smile Heaux strives to create an interactive relationship with the users of its Website and Services. User comments, feedback, suggestions, ideas, and other submissions (collectively, “Submissions”) disclosed, submitted or offered to Smile Heaux on or by this Website or by other means (including email or text message), shall be and remain Smile Heaux property. Users, including you, hereby assign all property rights and interests to Smile Heaux, allowing us unlimited use, commercial or otherwise, thereof, and users, including you, hereby grant Smile Heaux a non-exclusive, perpetual license to use and sublicense any and all Submissions on any media throughout the universe that currently exists and/or shall later be created on a free-of-charge/royalty-free basis. Furthermore, Smile Heaux shall be under no obligation to: (1) maintain any Submissions in confidence; (2) pay users (including yourself) any compensation whatsoever including compensation for any Submissions; or (3) respond to any user Submissions.
If you send or post a Submission on, to or at any page or site hosted, managed or controlled by Smile Heaux including the Website, and any of Smile Heaux’ Facebook pages, or if you directly communicate with Smile Heaux via email, a comment form, Twitter, or on Instagram, tumblr or another social media service including by tagging Smile Heaux, you hereby grant Smile Heaux a non-exclusive, free-of-charge/royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the universe in any media that currently exists and/or shall later be created (the “Submissions License”). You also grant Smile Heaux the right to include and/or use the user name that you submit with your Submission, if any, in connection with such Submission, whether on the Service or in any other media, and that no additional compensation, consideration or credit needs to be provided to you by Smile Heaux and/or any (sub)licensee thereof. Users are welcome and encouraged to submit and post content, including photographs and videos, to Smile Heaux’ social media platforms where the content meets the standards articulated in this TOU. If You believe that a user has violated the terms of these TOU, it is not your responsibility to call them out on it publicly; instead, please contact Smile Heaux. Smile Heaux shall have the sole right (but not the obligation) in its sole discretion to refuse or move any Submission and/or block access by the public to any Submission that violates the TOU or is otherwise deemed objectionable for any reason in Smile Heaux’ sole discretion. Although we try to maintain a safe environment on our social media platforms and the Services, we are not responsible for, and do not endorse, the posts of any user and disclaim any and all liability for such posts. You acknowledge that we are not obligated to pre-screen user submissions (including your Submission) and may not review user submissions (including your Submissions) for purposes of compliance with the TOU or any other policy or otherwise. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, SUBMISSIONS) POSTED ON THE WEBSITE AND ANY OF Smile Heaux’S SOCIAL MEDIA PLATFORMS.
No Submission shall include any material which is deemed by Smile Heaux, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party privacy, moral rights, copyrights, trademarks or other intellectual property rights, or which violates any regulation or law, or which is deemed by Smile Heaux in its sole discretion to be advertising or "spam". You acknowledge that by using the Service, you may be exposed to material that is offensive, indecent or objectionable and that we are not liable for this.
You recognize that some Content on this Website, including all Content and Submission submitted by any user, represents the opinions of the individual who has created such Content, and is not endorsed by this Website or Smile Heaux in any way. Smile Heaux does not represent or endorse the accuracy or reliability of any advice, opinion, statement, content (including your Content), submission (including your Submission), or other information or materials displayed, uploaded, or distributed through the Website by any third party and you are responsible to verify this on your own. You acknowledge that except as otherwise provided herein regarding pricing of Smile Heaux merchandise, as limited herein, any material you download, view, or otherwise access through the Website is at your own sole risk, and you will be solely responsible for any damage and/or loss or corruption of data that results from the download of any such material. You understand that the technical processing and transmission of the Website, including your Content contained therein, may involve transmissions over various networks, and may require changes to your Content in order to conform and adapt to the technical requirements of connecting networks or devices. Without limiting the scope of the Submissions License or any present or future grant of rights, consents, agreements, assignments, and waivers you have made or may make with respect to Submissions, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you.
Correction of site errors.
The information and content contained on the Website may contain typographical or other errors or inaccuracies, all of which are inadvertent. We reserve the right to update, amend, replace and/or correct any information and content we see fit at any time without prior notice or liability. Please note that such errors may relate to product information, pricing and availability, in which case we reserve the right, without liability, to cancel or terminate any orders/purchases placed in connection with such erroneous/inaccurate information, subject to refunding any monies paid, as your/the User’s sole remedy. We apologize for any inconvenience that may be caused by any errors or inaccuracies, or by our correction of them, or for any canceled or terminated orders/purchases.
THIRD PARTY INTERACTIONS.
To improve our Website, Smile Heaux may use and promote services provided by outside third parties. However, even if the third party is affiliated with or related to Smile Heaux, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, the content, goods or services any such third parties. Outside sites linked from our site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings or interactions with any third party website or merchant or operator of such a third party website.
By use of this Website, you agree to indemnify and hold Smile Heaux (and its shareholders, members, officers, directors, agents, affiliates, subsidiaries, related entities, partners, joint venturers, licensees, contractors and employees) harmless from and against each and every claim or demand, as well as losses, expenses, damages and costs (including attorney fees and court costs) resulting from any violation by you of these TOU or any activity of yours related to your Account (including, but not limited to, criminal, negligent or wrongful conduct, copyright infringement, trademark infringement or misuse of the Website).
Modification/termination of Website.
In the event of termination of your Account, you will still be bound by your obligations under these TOU, including the warranties made by you, and by the assignments, waivers, disclaimers and limitations of liability. Smile Heaux shall not be liable to you or any third-party for any termination of your access.
Disclaimer of warranty.
All Content, products, and Services offered on or via the Website, or obtained from a third party website to which the Website is linked are provided to you "as is/where is," without any guarantees or warranty whatsoever, express or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, accuracy, title, non-infringement, security or accuracy. Use of the Smile Heaux Website, Service or product by a user (including you) is at the user’s sole risk except as reasonably limited by applicable public order product liability laws.
Limitation of liability.
Smile Heaux shall not be liable to you for any unforeseeable, direct, indirect, incidental, special, consequential, punitive or exemplary damages, or any like damages, liabilities, losses or costs, including, but not limited to, loss of actual or anticipated profits or revenues or attorney fees, that result from the use of, or the inability to use, the Website, the Services, the materials and products or the performance of any its products (even if Smile Heaux has been advised of the possibility of such damages). In the event that a court of final jurisdiction finds Smile Heaux liable for any claim/cause of action according or pursuant to any theory of liability despite the present disclaimers and exclusion of liability, Smile Heaux’s aggregate liability to you as the User of this Website or the purchaser of Smile Heaux products through this Website shall be limited to the actual price paid by you inclusive of taxes and shipping (to be paid in the currency of your purchase; proof of purchase of Smile Heaux products through this Website being required). You agree that all of the terms and conditions of this section, including all of the Smile Heaux disclaimers, exclusions of Smile Heaux liability and alternative cap on Smile Heaux liability, are fair and reasonable as a condition for your use of this Website (including your purchase/ordering of any Smile Heaux products).
If any portion, term or condition of this Agreement is held invalid or unenforceable by a court of competent final jurisdiction, that portion, term or condition shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties (or, in the worst-case alternative, shall be read out of this Agreement), and the remaining portions of this Agreement shall remain in full force and effect. The delay or failure of Smile Heaux to exercise or enforce any right, benefit, term or condition of these TOU shall not constitute a present, future or ongoing waiver of such right, benefit, term or condition. Only a written waiver signed by Smile Heaux shall be deemed a valid waiver limited to the scope of such waiver.
You agree that, except as otherwise expressly provided in these TOU, you have no third-party beneficiaries who shall benefit from these TOU. You agree that any claim or cause of action arising out of or related to these TOU or your use of the Service must be filed within one (1) year after the claim/cause of action arose or it shall be forever barred.
YES, $H!T CAN HAPPEN.