Revised: November 6, 2016
This agreement is written in English (US). Please note that Section 9 contains certain changes to the general terms for users outside the United States.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (“Statement”) derives from the Appreciation Society Principles, and governs our relationship with users and others who interact with Radiant Smile. By using or accessing Radiant Smile, you agree to this Statement.
Registration and Account Security – Appreciation Society users may provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Appreciation Society, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
Protecting Other People’s Rights – We respect other people’s rights, and expect you to do the same.
You will not post content or take any action on Appreciation Society that infringes or violates someone else’s rights or otherwise violates the law.
We can remove any content or information you post on Appreciation Society if we believe that it violates this Statement.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
You will not post anyone’s identification documents or sensitive financial information on Appreciation Society.
We can change this Statement at any time without notice.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
Termination – If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Appreciation Society to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.
You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or Appreciation Society exclusively in a state or federal court located in Dallas County. The laws of the State of Texas will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
You agree to submit to the personal jurisdiction of the courts located in Dallas County, Texas for litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on Radiant Smile, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP APPRECIATION SOCIETY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING APPRECIATION SOCIETY “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT APPRECIATION SOCIETY WILL BE SAFE OR SECURE. APPRECIATION SOCIETY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR RADIANT SMILE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR APPRECIATION SOCIETY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RADIANT SMILE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United States We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Facebook (such as advertising or payments) or operate a Platform application or website.
By “Appreciation Society” we mean the features and services we make available, including through (a) our website and any other Appreciation Society branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By “Platform” we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Facebook or provide data to us.
By “information” we mean facts and other information about you, including actions you take.
By “content” we mean anything you post on Appreciation Society that would not be included in the definition of “information.”
By “data” we mean content and information that third parties can retrieve from Appreciation Society or provide to Appreciation Society through Platform.
By “post” we mean post on Appreciation Society or otherwise make available to us (such as by using an application).
By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “active registered user” we mean a user who has logged into Appreciation Society at least once in the previous 30 days.
By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives data from us.
Other – This Statement makes up the entire agreement between the parties regarding Appreciation Society, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.