1SMILE Terms of Service

Welcome to 1SMILE. Please, read these rules, it will take only a few minutes!

It is a Q&A abridgement of Term of Use

  1. Who is 1SMILE created for?
    We created 1SMILE for you, your children and your family
  2. What is 1SMILE for?
    Kids are growing up and changing every single day - that's why we created 1SMILE, so you can save all those memories
  3. Who is the owner of photos and posts shared on 1SMILE?
    All the things you share on 1SMILE belong to you and only you
  4. What about 1SMILE security measures?
    We do everything to make sure all your content is 100% safe: encrypted transmission, special security system to keep your content safe, regularly testing the security system- so you can breathe easy!
  5. We engage families!
    Thanks to 1SMILE all members of your family (the invited ones) can see the pics of your kids you share!
  6. What about my personal details?
    No worries- we won't sell it, give it nor use it for any other purpose than providing you the 1SMILE service.

The full version of Terms of Use of 1SMILE
The present version of Terms of Use commenced on 01.06.2015

These regulations are a translation of the official version in Polish. Polish version of the regulations is the obligatory one.

Entry

The present Terms of Use was made based on legal provisions of United Arab Emirates and the countries where the service will be provided, and the entity of its regulations are the conditions of use and functioning of the 1SMILE Internet service, which is available on www.1smile.me and through an application 1SMILE which is available on mobile phones. These Terms of Use defines users' appurtenances (browser users and application users) as well as it defines the Administrator's rights and duties and job description as a managing and leading entity of the browser service and the application. In the moment of registration or starting the app for the first time, each user is obligated to read the Terms of Use and can take any further actions after accepting all the Terms and Conditions of use.

DEFINITIONS

  • 1Smile Service - internet and mobile IT system including apps for mobile and stationary devices (1SMILE app) and Internet service 1smile.me along with all the technical infrastructure elements (which includes equipment and software as well as data base, algorithms, integration mechanisms and others which appeared while creating and developing the 1SMILE service.
  • 1Smile application - software available in native model or HTML5 language, wrote on operating systems like Android, iOS, Windows, OSX, Linux, Tizen and others mobile devices (phones, tablets, laptops etc.) and also the stationary devices (TV, set-top box and others)
  • 1smile.me internet service- a web portal registered as http://1smile.me web address
  • 1SMILE server software- unity of the technological solutions which include equipment infrastructure, software, algorithms, data base as well as its content and other technical, equipment, programming solutions.
  • User- natural person who is over 13 years old who through acceptance of Terms of Use gained access to 1Smile service or application.
  • Registered user- natural person who is over 13 years old and who made the account registration by providing an email or/and phone number and password.
  • Unregistered user- natural person who is over 13 years old and who didn't make the account registration while using the application.
  • Diary in 1SMILE system - separated private space which is accessible for user who registered an account and users who were invited to participate in the diary.
  • Diary on phone or other mobile device - created by 1SMILE application on a phone or other mobile device by user who didn't registered in 1SMILE service.
  • Diary character (characters) - child or children whose parents or legal guardians are the users of 1SMILE service and are documenting theirs life by taking photos or recording movies and sharing it on 1SMILE service.
  • User's content- all content posted by the user on 1SMILE service or on 1SMILE application in phone or other mobile device memory, including but not limiting to - photos, videos, descriptions, information about location, comments, albums and other content shared by the user.
  • Users invited to participate in diary - users registered in 1SMILE system, who were invited to participate in particular diary by the diary creator.
  • Diary creator or diary owner - it's a registered or unregistered user of 1SMILE system or 1SMILE application or 1SMILE internet service available at http:/1smile.me web address, who created a separated space of 1SMILE service for sharing body described as a user's content.
  • Other services - 1SMILE service can provide other electronically supplied services (e.g. advertising services commissioned by third parties, location-based services aiming at a better adjusting of provided services) as well as a purchase of any physical product ordered in the service, e.g.: albums, photographic prints, cups, shirts, photo wallpaper and others.
  • 1SMILE name - 1SMILE is a legally protected sign along with graphic elements that are used in 1SMILE service.
  • Administrator - an entity who provides 1SMILE service to Service Users and who is ONE SMILE Limited with headquarters in United Arab Emirates (partnership address Gold Crest Executive, Plot no: JLT-PH1-C2A, Unit no: 1009, Jumeirah Lakes Towers, Dubai, UAE) or companies realising administrative tasks on behalf of and in favour of Apps2Kill4 basing on particular agreements.
  • Users' data - dataset and photo set provided by Service Users which are collected and processed by courtesy of users in IT system in an orderly manner for the needs of services provided by Administrator.
  • Account - space in the Service available for the User after providing the data which can be manage by him/her.
  • Login - email address or phone number provided during the account registration in 1SMILE service.
  • Email address - electronic mailbox design for communication with Service Users
  • Stationary address - service user's address which all the orders placed in the service will be sent to.
  • Phone number - user's phone number along with country dialling code.
  • Profile - separated part of the service for User, it includes user's details (name, last name, email address, phone number, stationary address) and list of users which the User's content was shared to.
  • Terms of use - the present document is defining user and administrator's appurtenances along with the attachments which constitute the integral part of the document.
  • The personal details processing range - name, last name, date of birth, email address, phone number, preferences to

TERMS OF USE

The operator of 1SMILE service is ONE SMILE LIMITED company, with headquarters in United Arab Emirates, headquarter address: Gold Crest Executive, Plot no: JLT-PH1-C2A, Unit no: 1009, Jumeirah Lakes Towers, Dubai, UAE – Unite Arab Emirates

1SMILE service offers an opportunity to collect, store, sort and share photos with our close ones (family, friends).

The user gains access to the Service via the 1SMILE browser or 1SMILE application for mobile devices.

The user is not obligated to register into the service in order to use the 1SMILE mobile application for testing purpose as well as to reaching the limit of mobile application usage which is the minor of values: 100 photos or reduction of the mobile device memory.

Service registration requires at least providing an email address. Other remaining details are not required and can be changed, updated, deleted at any time.

Service name, its concept, graphic view, software and data base is a subject to legal protection.

SERVICE PARTICIPATION

Participants of the Service are its Users

Creating and using a Service Account is voluntary.

Depending on the chosen account type, user can use the service for free or monthly payment according to price list for each country.

The service will offer other additional products like: printed matter and electronic materials

The realization of paid services is possible after receiving the payment for a product or service in advance.

The agreement that the user is concluding while running the application or registering in service is an open-ended agreement.

The user's acceptance of Terms of Use is tantamount to agreeing with following statements:

  1. I join the 1SMILE Service voluntarily and I undertake to use the 1SMILE service according to the following Terms of Service
  2. Details provided in the registration form and in other fields filled in by me are true and serve to make a full use of the 1SMILE service possibilities.
  3. I hereby agree to process my personal data by the Administrator for purpose of performing the service providing contract in accordance with this regulation.
  4. I agree to receive information about 1SMILE service functioning and messages from other users, especially the ones that are participants of my diary.
  5. I agree to receive advertisement materials aiming at 1SMILE users from third parties.

Privacy policy

At the moment of the registration the User agrees to publish and process his/her data by the Administrator according with the rules determined in Private Policy

The Administrator of personal data is 1SMILE company which is processing users' data in accordance with the international and local laws.

Personal data and other information included in the registration form will be used by the Administrator to conclude, change, dissolve a contract with a User and provide best quality service.

The Administrator has the right to make their services and use of the Service by the User conditional on prior confirmation of personal data

The User has the right to see his/her data at any time as well as the right to correct it or demand to delete it from the Users' Base.

The User is obligated to update provided in the registration form data promptly after changing this data.

In case the Administrator will have any doubt about data provided by the User or news typed in the registration form, he has the right to take the following actions:

  • Summon the User to delete the false data or updated data forthwith.
  • Block the User's account immediately till working out the case.

Administrator is authorised to reveal the data only to entitled entities in accordance with law and Private Security Policy, the Regulation provisions and binding international and local laws.

Terms of Use

Under no circumstances will 1SMILE use any materials posted by the User, besides the data shared by the User for contest purpose, lotteries and other marketing actions conducted by 1SMILE.

All photos and other materials shared in service remain the User's (the one that published it) property only.

Besides personal data revealed during the account registration or while providing additional data, 1SMILE won't process, monitor, analyse it without previous user's activity. Cases in which photos and other materials can be processed are:

  1. Creating albums, electronic materials and other printed matter while using the mechanisms which comprise the integral part of 1SMILE Service.
  2. Sending the created materials to print or other form of preparation in order to produce placed by the User and available in 1SMILE service

Users should use the service in accordance with its destination.

Users should place the materials created by them or which they gain the copyright to.

Materials placed by users must reach following criteria:

  1. Must be in accordance with the law, especially copyright.
  2. Cannot infringe good taste and customs.
  3. Cannot include materials with the following content: breaching the international and local laws and law solutions of good taste or customs and legal and moral norms; sexual, pornographic materials or content illustrating and persuading to violence, hatred, discrimination (racial, cultural, religious, ethnic or philosophical etc.) that is infracting personal goods or insulting the dignity of others.

BLOCKING THE ACCOUNT

The Administrator reserves the right to block the User's Account whose action will be considered as harmful for the Service or other Users.

The Administrator has the right to block User's Account when the User is breaking any of this Regulation provisions.

It is forbidden to use any commonly known abusive/insulting words.

Each party of the electronic service providing contract can dissolve it with immediate effect and without giving a reason.

The contract can be dissolved by the Administrator through blocking an Account in following cases:

  • User breaches of Regulation provisions.
  • User undertake actions harmful for other Users or the Administrator.
  • User place on his/her account content which has negative impact on Service functioning.

In case of placing on an account content that is illegal, abusive, inaccurate, inconsistent with the law, promoting violence, hatred, violating moral norms or good customs, the Administrator can remove the content, and is entitled to block the account.

Administrator reserves the right to fully cooperate with law enforcement authorities around the world in a situation of use of the service for the purpose of violating the laws.

RESPONSIBILITY

The Administrator is committed to providing the highest quality of service. Administrator is not responsible for the disruption in the functioning of the Service caused by force majeure, failure of equipment or unlawful users' interference, even if they cause loss of data on user accounts.

The Administrator shall not be liable for temporary inaccessibility of the functions of the Service, resulting from making changes and improvements in the system. The Users will be notified about technical breaks and their duration.

The Administrator is not responsible for the transmitted and published by Users content. Content posted by Users are not the views and opinions of authors Service. Administrator reserves the right to: editing, shortening or removal of content prohibited by law, vulgar, offensive or that in any other way violates the principles of social coexistence. The User who is placing prohibited contents may incur criminal liability and civil liability in relation to the Administrator or other persons.

The Administrator is not responsible for the actions of other people, nor for the usage of Users' data by these people which is aim to the objective of the Service.

The Administrator shall not be liable in the case referred to him by other persons claims related to the publication of photographs or personal image of these people. Responsibility for this lies with the user who posted the disputed photo or image of another person.

COMPLAINTS

Any malfunctioning of the Service may be lodge as a complaint by the user by notifying the Administrator.

Complaints will be considered by the Administrator within 14 days of submitting the complaint. The Administrator reserves the right to leave the complaint without considering it if they will result from ignorance of the provisions of these Regulations or the law.

The Administrator reserves the right to interfere in the User's Account in order to remove irregularities in the functioning of the Service or problems in the functioning of the Account.

The Administrator leaves without consideration the submitted complaints regarding the services provided by other persons using the Service functions. The Administrator does not have the obligation to submit a complaint to the proper entity to the complaint.

FINAL PROVISIONS

Regulations are available at http://1smile.me/About/TermsOfUse.

Administrator reserves the right to unilaterally change the provisions of the Regulations at any time and without having to justify the reason.

If changes are made to the Regulations, the Administrator shall promptly inform the users by publishing the consolidated text of the Regulations on the Service.

The condition for continued use of the Service is to accept the Regulations as a whole, together with the introduced changes. After reviewing the new content of the Regulations, the user should make the following declaration: I declare that I have familiarised myself with the new content of the Regulations and accept all of its provisions. This declaration is tantamount to a declaration of intent to continue the contract with the Administrator. In the absence of acceptance of the amendments to the Regulations, the User dissolves the same contract with the Administrator, which is tantamount to blocking the account.

Regulations come into force on the date of the announcement on the Website. Agreements concluded between users and the Administrator prior to the entry into force of the Regulations shall be a subject to its provisions upon acceptance by the User.

In case of a change or cancellation as a result of a final court decision, any of the provisions of these Regulations, the remaining provisions shall remain in force and binding on the parties.

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