:)SMILIE.COM TERMS OF SERVICE - Last Updated 30/05/01
:)Smilie TOS: Rules of Play
The Rules of Play tell you what you can expect on :)Smilie, and the kind of online behavior we expect of you. It also contains the terms on which we make the Service and any software available. Our player community is always evolving, so it's important that you periodically check here (as well as the rules and instructions in your favorite game areas) for updates and new information. All of our games, activities and other services, regardless of when they are added to :)Smilie are governed by our Terms of Service.
Appropriate Online Content.
By "Content," we mean the software, communications, images, sounds, and all the material and information you see on our Service. :)Smilie, our Members, our affiliates, and our independent content providers provide most of the Content on :)Smilie. :)Smilie does not pre-screen all Content available on our Service. :)Smilie does not assume any responsibility or liability for Content that is provided by Members or other guests on :)Smilie. :)Smilie does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. We reserve the right to remove Content that is objectionable to us for any reason. Neither :)Smilie nor its affiliates assume any liability for any failure to remove, or any delay in removing, Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on our Service.
Members and other guests may generate Content in chat rooms, message boards, and in chat during games, etc. This kind of Content must reflect our standards, and we may remove it if, in our best judgment, it does not meet those standards. When we do, if you are a Member, you may receive a warning from us if your Account (described in the Membership Agreement) was responsible for posting the offensive Content. If it's a serious offense or you've violated our rules before, we may ban you from participating on :)Smilie and terminate your Member Account.
Content standards may vary depending on where you are on :)Smilie, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others, including mild expletives. Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are offensive and always inappropriate Content for :)Smilie. In other cases, there may be "gray areas". Always use your best judgment. If you would not say something in a room full of people you have never met, or in the workplace, please don't post it on our message boards or chat. :)Smilie makes the final determination about whether Content is objectionable or not. This determination is in our sole discretion, and is final.
:)Smilie representatives may monitor your communications on :)Smilie. But, because we cannot monitor all of the Content on :)Smilie, and we do not attempt to do so, you might encounter something you don't want to see. You can report it to the game support or complaint e-mail address for the area in which the incident occurred. Some of the areas on :)Smilie allow you to filter the chat you see. You can use this feature to reduce your exposure to words you do not wish to see. Reading the game help documents, or asking our :)Smilie staff members or other players in the game is a great way to learn how to use these tools. (Remember: :)Smilie staff members will not ask you for your password or account information.) Your good judgment in making reports, particularly about the opinions of others, is important and appreciated. :)Smilie does not endorse or oppose the opinions of any Member or guest, but we may take issue with the manner in which an opinion is expressed.
You agree that you will be personally responsible for your use of the Service and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless :)Smilie Limited, its parent, affiliates, employees, officers, and directors from any liability or damages arising from your conduct on :)Smilie, including any Content that you contribute. Online conduct should be guided by common sense and basic etiquette. You will violate the Terms of Service if you (or others using your Account) do any of the following:
· Post, transmit, promote, or distribute Content that is illegal.
· Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted. This means: don't say bad things about them, don't keep sending them unwanted messages, don't attack their race, sexual orientation, religion, heritage, etc. If you disagree with someone, respond to the subject, not the person.
· Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
· Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the Return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, or flooding [posting repetitive text]. This is online vandalism, and it ruins the experience for others.
· You may not impersonate another person (including celebrities), indicate that you are an :)SMILIE employee or a representative of :)SMILIE, or attempt to mislead users by indicating that you represent :)Smilie Limited or any of :)Smilie's partners or affiliates.
· Attempt to get a password, other account information, or other private information from a Member or any other user on :)Smilie. Remember: :)Smilie employees will NEVER ask for your password. Don't give your password, reminder words, or billing information out to anyone.
· Upload any software or Content that you do not own or have permission to freely distribute.
· Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software;
· Upload files that contain a virus or corrupted data;
· Post messages for any purpose other than personal communication, or transmit advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
· Improperly use the in game support or complaint buttons or make false reports to :)Smilie staff members.
Obey the rules wherever you are. This includes rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. Other services have their own rules, and you should consult them before interacting.
The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on :)Smilie. We terminate use of the Service and cooperate with law enforcement on such matters.
Links to Third-Party Sites.
:)Smilie may include hyperlinks to websites operated by parties other than :)Smilie Limited, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. :)Smilie does not control such websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
Connecting to the Service; Public Nature of Communications.
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. :)Smilie Limited is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Commercial Activity and Unsolicited E-mail.
You may not advertise any goods or services on :)Smilie. Chain letters and pyramid schemes are not allowed. You may not use any area of :)Smilie to collect information, including login names, about :)Smilie Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit :)Smilie, or any games or services offered on :)Smilie for any commercial purpose. Any violation of these provisions can subject your :)Smilie Account to immediate termination (or result in revocation of Guest status, if you are a guest) and further legal action.
Copyrights and Trademarks; Proprietary Rights.
Much of the Content available on :)Smilie is owned by :)Smilie Limited or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. It is very easy to copy things in cyberspace, but that doesn't make it acceptable or legal. You shall not copy or download any Content from :)Smilie unless we have expressly authorized you to do so.
You must also have the legal right to upload any Content to :)Smilie before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on :)Smilie, unless :)Smilie Limited expressly authorizes you to do so. Making unauthorized copies of any Content found on :)Smilie can lead to the termination of your :)Smilie Account (or revocation of Guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless :)Smilie Limited and its parent, subsidiaries, affiliates, related companies, employees, officers, directors and agents.
Once you post or send any Content to :)Smilie, you expressly grant :)Smilie Limited the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in :)Smilie's discretion, and without any notice or compensation to you of any kind.
Some games on :)Smilie may require that you download software onto your computer (":)Smilie Software"). :)Smilie Limited grants to you a non-exclusive, limited license to use :)Smilie Software to play games on our Service. You may not sub-license, or charge others to use or access :)Smilie Software. You may not use :)Smilie Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from :)Smilie Software. You may not modify :)Smilie Software or use it in any way not expressly authorized in writing by :)Smilie Limited You understand that :)Smilie's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by :)Smilie may vary depending on your computer and other equipment.
:)SMILIE LIMITED HAS NO LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE :)SMILIE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
:)Smilie Software may be subject to United Kingdom export controls. By downloading :)Smilie Software from :)Smilie, you warrant that you are not located in any country, or exporting :)Smilie Software to any person or place, to which the United Kingdom has embargoed goods.
Limitations On Warranty And Liability.
YOU EXPRESSLY AGREE THAT THE USE OF :)SMILIE, :)SMILIE SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. :)SMILIE, :)SMILIE SOFTWARE, :)SMILIE PRODUCTS, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. :)SMILIE LIMITED PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT :)SMILIE LIMITED WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH :)SMILIE IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT AS STATED IN THE MEMBERSHIP AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT :)SMILIE INC, ITS PARENT, SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF :)SMILIE SOFTWARE. IN NO CASE SHALL :)SMILIE LIMITED'S OR ITS PARENT'S, SUBSIDIARIES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, ":)SMILIE AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO :)SMILIE LIMITED FOR THE SERVICE. IN NO CASE SHALL :)SMILIE LIMITED OR :)SMILIE AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF :)SMILIE, :)SMILIE SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH :)SMILIE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, :)SMILIE LIMITED'S AND :)SMILIE AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. :)SMILIE LIMITED DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH :)SMILIE AND 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.
:)Smilie TOS: MEMBERSHIP AGREEMENT
You become a Member of :)Smilie by completing our registration. This Membership Agreement is a legal document that explains your rights and obligations as an :)Smilie Member. Please read it carefully.
:)Smilie Membership Basics
When you accept this Agreement and complete :)Smilie's registration process, you create an :)Smilie account ("Account") and select a login name and password. Your login name is your online identity. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process.
You are solely responsible for all activity on your Account and for the security of your computer system. It is important that you not reveal your password to other users. :)Smilie will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. (If you forget your password, you can tell us your reminder words and we will send you your password.) You agree not to reveal your password to other users. You agree to indemnify and hold :)Smilie harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your membership is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join :)Smilie again without our express permission. You may not sell or charge others for the right to use your Account.
2. CHARGES, BILLING AND FREE TRIALS
You may be a Member of :)Smilie without paying :)Smilie to participate in a game or other activity. However, :)Smilie will charge monthly subscription fees to access certain areas of the Service, play certain premium games and participate in related activities on :)Smilie. You must be a member of :)Smilie and pay the subscription or other fees to participate in these activities. If you must pay a subscription fee to access part of our Service or play a particular game, this information will be posted :)Smilie. You will be given the option to subscribe to the game by providing us with a valid credit card number and billing information.
When you subscribe to play certain games you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are slightly different than the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms.
A. Payment by Credit Card.
You must use a credit card to pay for your subscription(s). When you provide credit card information to :)Smilie Limited, you represent to :)Smilie that you are the authorized user of the credit card that is used to pay subscription or other fees. Each month that you use :)Smilie, you agree and reaffirm that :)Smilie is authorized to charge your credit card for the subscription fee. You agree to promptly notify :)Smilie of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify :)Smilie if your credit card expires or is canceled for any reason.
B. Charges to Your Credit Card.
YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. :)Smilie reserves the right to change our fees or billing methods at any time and :)Smilie will provide notice of any such change at least thirty (30) days advance. All changes will be posted on :)Smilie and you are responsible for reviewing the billing section of :)Smilie to obtain timely notice of such changes. Your continued use of the Service of thirty (30) days after posting of the changes on :)Smilie means that you accept such changes. If any change is unacceptable to you, you may cancel your Membership or a particular subscription at any time, but :)Smilie will not refund any fees that may have accrued to your Account before cancellation of your Membership or subscription, and we will not prorate fees for any subscription. If your use of the Service is subject to use or sales tax, then :)Smilie may also charge you for any such taxes, in addition to the subscription or other fees published in the billing section of :)Smilie. For further information please refer to the Billing and Subscription FAQ.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
C. Trial Subscriptions.
For some games and activities, we may offer a free trial subscription. If you accept a free trial subscription, we will begin to bill your Account for that game or activity when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using :)Smilie, even when we offer a free trial subscription.
D. Other Sites.
We may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to :)Smilie. :)Smilie may also provide access to third-party vendors, who provide content, goods and or services on :)Smilie or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.
3. ONLINE CONDUCT AND CONTENT
Please refer to the Rules of Play. If you, or anyone using your Account, violate our online conduct or Content standards, :)Smilie may take action against your Account. We may issue you a warning about the violation, or we may choose to immediately terminate your Account. You acknowledge that :)Smilie is not required to provide you notice before terminating your Account, but it may choose to do so.
4. BETA TESTS
As a member of :)Smilie, you'll be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.
4a. Closed beta tests:
Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to :)Smilie, and :)Smilie is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until :)Smilie publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
4b. All beta tests (closed and open):
(1) As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
(2) When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
(3) By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and that you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) :)Smilie has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) :)Smilie's Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
Upon request by :)Smilie, you agree to defend, indemnify and hold harmless :)Smilie Limited. and its parent, affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of this Membership Agreement for which you are responsible or in connection with your transmission of any Content on :)Smilie. :)Smilie reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to :)Smilie in that matter. This Section 4 shall survive termination of this Agreement.
6. UPDATES AND MODIFICATIONS
:)Smilie Limited may update or revise the Membership Agreement at any time. By becoming a Member of :)Smilie, you agree that :)Smilie Limited may change the terms of this Membership Agreement. If we revise the Membership Agreement, such revision shall be effective thirty (30) days after posting the new Membership Agreement on :)Smilie. You agree to review the Membership Agreement periodically to become aware of such revisions. You can view the Membership Agreement at any time by clicking on the Terms of Service link at the bottom of our :)Smilie home page. Your continued use of the Service thirty (30) days after a revised Agreement is posted on :)Smilie will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Membership Agreement, your only remedy is to cancel your Account (or subscription to a particular area or game).
You can cancel your Membership or a particular subscription by delivering notice to :)Smilie's Customer Service Department at firstname.lastname@example.org. :)Smilie reserves the right to collect fees, surcharges or costs incurred before you cancel your :)Smilie Membership or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account or a particular subscription is terminated or cancelled, no refund, including any Membership fees, will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement. Active :)Smilie Members may not allow former Members whose Memberships have been terminated by :)Smilie to use their Accounts. Any delinquent or unpaid Accounts or Accounts with unresolved issues with :)Smilie must be settled before :)Smilie may allow you to register again.
8. OTHER LEGAL TERMS
You agree to abide by United Kingdom and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to :)Smilie any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in Section 7 shall survive termination of this Agreement.