Terms and Conditions

PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

By using this site, you are agreeing to these Terms and Conditions, and if you do not agree to all of the Terms and Conditions, do not use our Websites.  We may revise and update these Terms and Conditions at any time.  Your ongoing use of our Websites means you accept those changes.

We Do Not Provide Medical Advice

All the content on our Websites is for informational purposes only and is not intended to substitute for professional medical care, advice, diagnosis, or treatment.  Seek the advice of a qualified health provider with any questions you may have regarding a medical condition. Do not delay seeking professional medical advice because of something you have read on our Websites.

If you think you may have a medical emergency, call your doctor or 911 immediately. We do not endorse, health providers, procedures, opinions, or other content that may be found on our Websites. Any information on our Websites including comments that may be made by Website users or by us is used solely at your own risk.

Children’s Privacy

We are dedicated to protecting the privacy of children. Our Websites are not intended or designed to attract or serve children under the age of 13 and we do not collect personally identifiable information from any person we know is a child under the age of 13.

Use of the Content

The content posted on our Websites is protected by the copyright laws in the United States and in foreign countries. We authorize you to view or download a single copy of the content solely for your personal, noncommercial use except in the case of materials that are specifically labeled as Materials for Distribution and Education.  In all cases you must include the copyright notice located at the end of the materials, for example: “©2019, StarSmilez All rights reserved” and other copyrights and ownership rights notices that may be included in the Content.

Materials for Distribution and Education

In the case of Materials for Distribution and Education, you may download and reproduce this content in multiple copies for educational purposes and classroom discussions.  In some cases, our Services may provide you the ability or right to include your own name or brand within the Content copies and in these cases you must include our copyright notice, logo, brand name, and ownership rights notices as it is shown in the Content downloaded or printed from our Website.

Ownership and title to the content on our Websites remains with us and any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Our Content and features are subject to change without notice.   All rights not expressly granted are reserved to us.

Violating any of these Terms and Conditions, automatically terminates your permission to use the Content and you must immediately destroy any copies you have made of any portion of the Content.

Our Liability

The use of our Websites and the Contents is at your own risk.

We assume no liability for or relating to the delay, failure, interruption, or corruption of any data or information transmitted in connection with the use of our Websites.

Our Websites are provided on an “as is” basis.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE 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. Without limiting the previous statement, we make no representations or warranties regarding the accuracy, reliability, completeness, of the Content, or communications provided on or through our Websites.

In no event shall we be liable for any damages (including, without limitation, incidental and consequential damages, personal injury, wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use our Websites, Services, or Content.  We, as well as our suppliers, and any third parties participating on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Website, or Content.

User Content and Submissions

The personal information you submit is governed by our Privacy Policy and if there is an inconsistency between this section and the Privacy Policy this section will be the controlling section.

The contents of our Websites, include blogs, message boards, guest posts, member reviews, member awards, and user reviews on the Practice Listings, etc. (“User Content”), where users can post and upload Content, including User Content that may be uploaded to Social Media Platforms).  You agree that you will not infringe or violate the rights of any party when posting, uploading, or transmitting data, communications, or User Content to our Websites.  By submitting communications or User Content to us, you agree to comply with these Terms and Conditions along with all other policies within this document.  We reserve the right to remove User Content for any reason.  You agree that your submission(s) of User Content are non-confidential.  Note that We have no control over the conditions and policies of any social media platform, and it is your responsibility to know and comply with the terms, conditions, and privacy policy of social media platforms before you release content to these sites.

If you make a submission or post to our Websites, you agree that you will not post material that infringes or violates any rights of any party.  If you submit any business information, idea, concept or invention to us by email or any other means of communication, you understand that such submissions are non-confidential and you are granting, or warrant that the owner has granted us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, wholly sublicensable right and license to use, reproduce, create derivative works of, modify, publish, edit, translate, distribute, and publicly display this submission  in any media or medium.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (like photos, videos, or audio) on  our Websites that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person.

You agree that you will not submit any content that contains Personally Identifiable Information of anyone else or upload images or video owned by other people without their permission.

By uploading any media on our Websites, you warrant that you have permission to make this contribution from all persons appearing in your media and grant rights outlined within this agreement.

It is strictly prohibited to upload media containing  expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this agreement.

 

You agree that you will not upload any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

 

By uploading any media on our Website like a photo or video: (a) you grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes us to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify us and our affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these Terms and Conditions.

We reserve the right to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Passwords

You are responsible for taking all reasonable steps to keep your account secure so that no unauthorized person can get access to your account.  It is your sole responsibility to promptly inform us if you believe your account or password has been compromised by using the “Contact Us” link located in the footer of the Website.  You agree to allow us to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website.  We do not assume any responsibility or liability for any information you submit, or the use or misuse of information exchanged using Our Website tools and services.

User Content Guidelines

If you use, or post User Content on our Websites, you are solely responsible for your own communications and the consequences of posting those communications, as well as consequences of acting on information found in any communications on our Website. We are not responsible for any communications posted by others on our Website.

You agree that the following actions shall constitute a material breach of these Terms and Conditions: 1.)  Submitting content in violation of local, state, national, or international laws; 2.)  Posting material that infringes on the intellectual property, privacy, or publicity rights of others; 3.)  Posting any material that is unlawful, defamatory, or abusive to any other person or entity; 4.)  Posting advertisements or solicitations of business; 5.)  Disrupting flows in user dialogue; 6.)  Impersonating another person or allowing any other person to use your account for posting or viewing members only areas of our Websites; 7.)  Posting viruses or any computer code; 7.)  Collecting or scraping information about others; 8.) Any activity that negatively impacts other users, inhibiting them from using our enjoying our Website in  our sole judgement.

Reviews and awards posted on Member Profiles or on Practice Listings are also subject to our Review and Award Guidelines and we reserve the right at our sole discretion to remove reviews and awards that don’t meet our guidelines or these Terms and Conditions.

The following rights are reserved by us and we may do any of these:

  1. Record interactions in Website chat sessions
  2. Investigate an allegation that a communication(s) does not conform to these Terms and Conditions and determine in our sole discretion to remove communication(s) and User Content.
  3. Remove abusive, illegal, or disruptive communications as well as those that don’t conform to our Terms and Conditions.
  4. Terminate a user’s access to any or all Website areas upon any breach of these Terms and Conditions.
  5. Monitor, edit, or disclose communications in the Public Areas or on a Social Media Platform.
  6. Edit or delete any communication(s) posted on our Website, regardless of whether such communication(s) violate these standards.

We have no liability or responsibility to Website users or any other person or entity by engaging or not engaging in any of the above activities.

Reviews and Awards Guidelines

By submitting a review or an award on our Website you agree to these Terms and Conditions including the following:

  1. Reviews and Awards must be derived from your own experience with the provider, staff member, or the office and should not be based on what you’ve heard from someone else;
  2. Reviews and Awards must not include any personal identifiable information or any confidential, privileged or other information that you are not allowed to share with others;
  3. Reviews and Awards must not contain any information relating to any of your health conditions;
  4. Reviews and Awards must be based on either your personal opinion of the provider or factual statements that are true and accurate;
  5. Reviews and Awards must not contain content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, or hateful to any person or entity (as determined by us at our sole discretion);
  6. Reviews and Awards must not include advertisements or solicitations;
  7. Reviews and Awards must not include “spam” or other content that significantly detracts from the user’ experience on our Website; and
  8. Reviews and Awards must not violate the privacy, intellectual property, or any other rights of any other person or entity.

Indemnity

You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and administrative fees, resulting from, or alleged to result from your use of Website, User Content you post or upload, your reliance on any User Content, or your violation of these Terms and Conditions.

General

We make no claims that our Content is appropriate for any specific person or in any jurisdiction outside the United States and you agree that your use of our Content is done at your own risk and that you are responsible for compliance with the laws in your country or origin.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions and uploads, Indemnity, Jurisdiction, and Whole Agreement.

Jurisdiction

You agree that exclusive jurisdiction for any dispute with us is the State of Florida in connection with any claim or dispute involving us or our affiliates, subsidiaries, employees, officers, directors, content providers, and contractors.  If any of our Terms and Conditions are found to be invalid, the invalidity will not impact the validity of the remainder of the provisions of our Terms and Conditions. No waiver of our Terms and Conditions shall be deemed a continuing waiver of that term or condition or any other term or condition.

Notice, Takedown Procedures; and Copyright Agent

If you believe any of the materials on our Website infringes your copyright, you may request removal of those materials by contacting us and providing the following:

  1. Identification of the work that you believe is being infringed. Describe the work and provide the location (like the URL) of an authorized version of the work.
  2. Provide any other information that will allow us to locate the material.
  3. Your name, address, telephone number and e-mail address.
  4. A statement that you believe that the use of these materials is not authorized.
  5. A statement that the information that you have supplied is accurate, and indicate that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Contact us at:

StarSmilez

5745 SW 75th St., #251

Gainesville, FL 32608

copyright@starsmilez.com

800-919-0077

Whole Agreement

Except as may be provided from time to time by a specific “legal notice” on our Website, these Terms and Conditions and the Privacy Policy are the entire agreement between you and us regarding use of the Website and its Content.

Please direct your comments and questions, including notifications or any non-functioning links or features using our Contact Us feature on the footer of the pages of our website.