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“ Smilebox Content” means any Content (excluding Customer Content) appearing or made available on or in the Service.
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“ Service Plan” means the Basic, Premium, Pro or Business plan the Customer has subscribed to via the Order Form as well as in-app purchases made through a Device.
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“ Service” means Smilebox’s proprietary service for sharing photos and life moments with slideshows, eCards, invitations and more, as operated by Smilebox’s proprietary platform, software and other Intellectual Property associated therewith. “ Privacy Policy” means Smilebox’s then-current Privacy Policy available at (“ Privacy Policy“). “ Order Form” means the subscription form submitted by Customer when subscribing to the Service. “ Moral Rights” means any rights of paternity or integrity, or any right to claim authorship of a work, to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, any work, whether or not such would be prejudicial to the honor or reputation of the creator of the work, and any similar right, existing under judicial or statutory Law of any jurisdiction, or under any treaty. “ Law” means any federal, state, foreign, regional or local statute, regulation, ordinance, or rule of any jurisdiction.
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“ Intellectual Property Rights” means any and all rights, titles, and interests in and to Intellectual Property (under any jurisdiction or treaty, whether protectable or not, and whether registered or unregistered) and includes without limitation patents, copyright and similar authorship rights, personal rights (such as Moral Rights, rights of privacy, and publicity rights), architectural, building and location (and similar geography-based) rights, mask work rights, trade secret and similar confidentiality rights, design rights, industrial property rights, trademark, trade name, trade dress and similar branding rights, as well as: (a) all applications, registrations, renewals, extensions, continuations, continuations-in-part, divisions or reissues of the foregoing rights and (b) all goodwill associated with the foregoing rights.
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“ Intellectual Property“means any and all inventions, invention disclosures, discoveries, improvements, works of authorship, technical information, data, databases, know-how, show-how, designs, ideas, drawings, logos, utility models, topography and semiconductor mask works, specifications, formulas, methods, techniques, processes, software (including object code, source code, APIs, and non-literal aspects), algorithms, architecture, records, documentation, and other similar intellectual property or technology, in any format and media, anywhere in the world. “ Feature” means any module, tool, functionality, or feature of the Service. “ Documentation” means any user guide for the Service that Smilebox provides or makes available to Customer. “ Customer Content” means any Content inputted or uploaded to the Service, or transmitted through the Service, by or on behalf of Customer. “ Content” means any text, data, information, files, images, graphics, sounds, music, videos, code, audio clips, links, and/or other similar materials. “ Affiliate” means, with respect to either party, any person, organization or entity controlling, controlled by, or under common control with, such party, where “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person, organization or entity, whether through the ownership of voting securities or by contract or otherwise. PLEASE READ THAT SCHEDULE CAREFULLY, SINCE IT MAY REQUIRE YOU AND SMILEBOX TO ARBITRATE CERTAIN DISPUTES AND LIMIT THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.
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(c) IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND SAID ENTITY TO THIS AGREEMENT.ĪRBITRATION NOTICE: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT – SEE SECTION 14 (MANDATORY ARBITRATION) AND ITS RELATED SCHEDULE A.
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(b) OTHER SUPPLEMENTAL TERMS AND POLICIES REFERENCED HEREIN, WHICH ARE STATED TO BE INCORPORATED INTO THIS AGREEMENT BY REFERENCE. AND ANY OF ITS AFFILIATED COMPANIES (“ Smilebox”) AND THE CUSTOMER (“ Customer”) THAT SUBSCRIBES TO THE SERVICE (DEFINED BELOW).īY SUBSCRIBING TO THE SERVICE, OR BY OTHERWISE ACCESSING OR USING THE SERVICE, THE CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE FOLLOWING (THE DATE OF SUCH OCCURRENCE BEING THE “ Effective Date“): THIS TERMS OF SERVICE (“ Agreement”) CONSTITUTES A BINDING CONTRACT BETWEEN SMILEBOX, INC.
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