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Terms of service
SmileStock Website Terms of Use
Last Updated: February 10, 2026
1. Acceptance of Terms
These Website Terms of Use (these “Terms”) govern your access to and use of www.smilestock.com including any content, functionality, products and services offered on or through smilestock.com (the “Website”), and all images and related licensed content provided on the Website, operated by or on behalf of SISSTOCK LLC, d/b/a SMILESTOCK (“SmileStock” “we” or “us”). These Terms are important and affect your legal rights, so please read them carefully (including the arbitration and class action waiver provisions). Note that Section 14 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By accessing or using the Website and our various related websites, images, products, and services (collectively, the “SmileStock Services”), you agree to be bound by these Terms and all of the terms incorporated herein by reference.
You must be 18 years of age or older to use the SmileStock Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the SmileStock Services or any features provided therein.
By accessing or using the SmileStock Services, you represent and warrant that you have not been previously suspended or removed from the SmileStock Services or engaged in any activity that could result in suspension or removal from the SmileStock Services.
You should not construe SmileStock’s publication of any content found on the SmileStock Services as an endorsement by SmileStock of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment or action made by the author of such content.
We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through the SmileStock Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the SmileStock Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not and we do not authorize you to use the SmileStock Services. We strongly recommend that you periodically visit this page to review these Terms.
2. User Registration
In order to access and use certain areas or features of the SmileStock Services, you may need to provide certain information, create an account, register for services, and/or answer certain questions. Each registration is for a single user only.
You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the SmileStock Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the SmileStock Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the SmileStock Services.
By providing information and/or answering questions, you also consent to receive electronic communications from SmileStock (e.g., via email or by posting notices to the SmileStock Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in communication.
3. Right to Access and Use the SmileStock Services and Content
Unless otherwise indicated in writing by us, the SmileStock Services and all content and other materials contained therein, including, without limitation, any SmileStock mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of SmileStock or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the SmileStock Services and Content, solely as provided on, and solely to access and use the Website, subject further to the licensing requirements provided under these Terms. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the SmileStock Services or Content under these Terms, or any other rights thereto other than to use the SmileStock Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.
You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the SmileStock Services or Content, except as otherwise provided in the Licensing section under these Terms; (b) distribute, publicly perform or publicly display the SmileStock Services or any Content, except as otherwise provided in the Licensing section under these Terms; (c) modify or otherwise make any derivative uses of the SmileStock Services or Content, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the SmileStock Services or Content, except as expressly permitted by us; (f) use the SmileStock Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or intellectual property rights; (g) use the SmileStock Services or Content, or any portion thereof, in a way that a reasonable person would find offensive or inappropriate, including use in connection with pornography, in connection with drugs and/or alcohol, in connection with any political use, in connection with any immoral or criminal activities, or promotion or marketing of the same, or in any way that is defamatory, obscene, misleading or may otherwise be in violation of any applicable laws; (h) use the SmileStock Services or Content, or any portion thereof, in a way that changes the context of what is depicted in such SmileStock Services or Content or materials; (i) use the SmileStock Services or Content, or any portion thereof, in a way that is competitive of SmileStock and the SmileStock Services; (j) use the SmileStock Services or Content, or any portion thereof, as, or in connection with, any training data for artificial intelligence (AI), generative AI, machine learning or similar program, process, or data set; (k) interfere with the SmileStock Services or servers or networks used in connection with the SmileStock Services; or (l) use the SmileStock Services or Content other than for their intended purposes or as permitted under these Terms and the License (collectively, “Prohibited Uses”).
Any use of the SmileStock Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of SmileStock or any third party, whether by estoppel, implication or otherwise.
You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the SmileStock Services (or any features or parts thereof) at any time.
4. Trademarks
The SMILESTOCK™ mark, SmileStock logo, and any other SmileStock product or service names, trademarks, logos, or other indicia that may appear on the SmileStock Services (“Marks”) are the property of SmileStock or its subsidiaries, affiliates or third parties, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the SmileStock Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of SmileStock or such third party that may own such Marks.
5. Legal Requirements; Privacy Policy
Our Privacy Policy describes how we handle the personal information you provide to us when you use the SmileStock Services. For an explanation of our privacy practices, please visit our Privacy Policy located at smilestock.com/privacypolicy.
6. Feedback
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about SmileStock, or the SmileStock Services (collectively, “Feedback”) to us via email or through the SmileStock Services contact us form. Feedback shall become the sole property of SmileStock. SmileStock shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and any developments based on or related to such Feedback, and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Third-Party Sites
We have not reviewed all of the websites linked to the SmileStock Services and are not responsible for the content of any third-party pages, any other websites linked to the SmileStock Services, or any products or services offered by third parties. Nothing in the SmileStock Services, including, without limitation, any links to other websites, should be construed as an endorsement by SmileStock of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. SmileStock reserves the right not to link, or to remove the link, to a particular website at any time.
Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by SmileStock. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
8. Licensing; Purchases
SmileStock acts as a licensing company where users may purchase a non-exclusive, non-transferable, non-sublicensable, royalty free license (the “License”) to digital images, videos, promotional materials, and other products and/or services that are available on the Website (the “Licensed Images”). By purchasing such License and submitting payment, SmileStock hereby grants you’re a non-exclusive, non-transferable, non-sublicensable, royalty free license and right to download and use the Licensed Images, solely as provided under these Terms. SmileStock reserves all rights to the Licensed Images not expressly granted to you herein. Nothing in the License or the Terms shall be construed as transferring an ownership interest in the Licensed Images. This License is “non-transferable” which means that except as specifically provided in these Terms, you may not sell, rent, load, give, sublicense, copy, or otherwise transfer to anyone, the Licensed Images or the right to use the Licensed Images, except for a one-time transfer of such purchased Licensed Images to a third party for the sole purpose of causing such third party to print and/or manufacture your products or marketing or advertising materials incorporating such Licensed Images subject to the terms and conditions herein. If you become aware of any third party used of the Licensed Images in a manner that exceeds your license hereunder, you agree to promptly notify SmileStock of such use. You agree to take all commercially reasonable steps to prevent third parties that your are contracting with from duplicating the Licensed Images outside of your License and these Terms.
The License and Licensed Images are to be used solely for the benefit of any entity or individual in the dental or medical industry (including, but not limited to, medical and dental product and equipment manufacturers, distributors, dental and medical practices, services organization and recruiting or staffing companies) for the purpose of marketing its products, business, and/or offered services (the “Permitted Uses”). Permitted Uses include using Licensed Images (a) in digital or print advertisements; (b) on websites and social media platforms for marketing purposes; and (b) in presentations, brochures, and other promotional materials. You agree that you cannot and will not edit, alter, change, distort, or otherwise modify the Licensed Images and that all uses of the Licensed Images will utilize the Licensed Images in their original form(s). The Licensed Images may be available in multiple sizes or resolutions, which may be selected during purchase. SmileStock is not liable for a user purchasing the incorrect size, resolution, or the incorrect image or video.
Upon notice from SmileStock, or in the event certain Licensed Images are subject to any threatened or actual claim of infringement, violation of another right, or any other claim for which SmileStock may be liable, or if SmileStock removes any Licensed Images due to perceived risk to its business, brand, or customers, as determined in SmileStock’s reasonable discretion, and SmileStock gives you notice of such removal, you agree to promptly remove the Licensed Images from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Licensed Images at your own expense. SmileStock may then provide you with comparable Licensed Images free of charge, subject to these Terms.
The License shall be granted (i) for a period of twenty four (24) months from the date of purchase, provided that you did not purchase a monthly subscription, or (ii) until the conclusion of your subscription period or at subscription cancellation, whichever occurs first (the “License Term”), unless otherwise terminated as provided by these Terms. You agree that at the end of the License Term, you will no longer exercise any right granted to you by SmileStock in the License, including but not limited to, the use, display, and creation or distribution of promotional materials using the Licensed Images. In the event of termination of the License, your rights to use the Licensed Images shall cease on the date of termination. This includes all rights granted to you under your original purchase terms. On the effective date of termination, a licensee shall cease using and destroy all copies of the Licensed Images provided by SmileStock.
For certain products/services you may be asked to make payments through a third party payment service provider such as Stripe or other vendor (“Merchant Services”). You represent and warrant that any and all financial information you provide is accurate and up to date, and you have authority to authorize any such payment you make through Merchant Services. You understand and agree that your use of any Merchant Services will be governed exclusively by such providers’ or merchant’s terms and conditions.
We may, in our sole discretion, limit or cancel orders or particular quantities purchased per person, per household, per entity, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. You understand and agree that SmileStock is not responsible for your nor any third party’s obligations relating to Merchant Services and SmileStock specifically disclaims any liability relating thereto. You understand and agree that your use of the information, products and services provided by Merchant Services are at your own risk. SmileStock Services, Licensed Images, and related content is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. You acknowledge that modification to the Licensed Images is not authorized and that if you modify any such Licensed Images or materials, you are solely responsible for obtaining any additional clearances thereby required by such modification.
You may not use the Licensed Images, or our products or services for any illegal or unauthorized purpose including, but not limited to the Prohibited Uses. SmileStock has the right to revoke any License and immediately terminate the License Term if a user uses the Licensed Images or SmileStock Services for any of the Prohibited Uses, or in any way that may cause damage to SmileStock, its business, customers, products, services, brand, or reputation.
You understand and agree that SmileStock is not responsible for the products or services provided by any third parties, nor Merchant Services, including any delays, cancellations, or issues that may arise during or after your purchase. By making a purchase through the Website, you agree to thoroughly review and be bound by the terms and conditions of any applicable Merchant Services. You understand that our role does not include the facilitation of the payment process and therefore have no control or responsibility related to any agreements or relationships you may enter into in connection with such Merchant Services.
9. Prices and Payment Terms
Certain features on the Website, through the SmileStock Services, including the purchase or sale of certain products, services, or subscriptions, may require you to pay fees. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. All fees are denominated in the stated currency or other means of payment and are non-refundable unless otherwise specified in these Terms. Prices are subject to variable and seasonal pricing and are determined solely and exclusively by SmileStock. We are not responsible for any unfavorable exchange rate fluctuations that may result in a smaller refund.
SmileStock reserves the right to deny a refund request for any purchase. The purchase of any License for the Licensed Images is non-refundable.
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. You will be responsible for the prices stated at the time of your transaction. Posted prices do not include taxes. All such taxes will be added to your total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You authorize SmileStock to charge all sums for the orders that you make, including all applicable taxes, to the payment method specified by you. If you pay any fees with a credit card, then SmileStock and/or Merchant Services providers may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If you are permitted to save a payment method (such as a credit card) or any account with a payment feature as part of your account with us, you authorize us to save and maintain such payment method or specified account and use it for the payment of various fees and amounts related to your purchase of products or use of the services.
You agree that any purchase you make is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept an order at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. SmileStock may suspend or terminate access to any SmileStock Services, Licensed Images, products, services, licenses, and/or Website features, for any account for which any amount is due but unpaid. You represent and warrant that (i) the credit card and/or payment information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card and/or method of payment for the purchase; (iii) charges incurred by you will be honored by your credit card company and/or payment provider; and (iv) you will pay charges incurred by you at the posted prices, including applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
A subscription to the SmileStock Services may also be available for purchase (the “SmileStock Subscription”). A SmileStock Subscription allows a user to purchase Licenses and Licensed Images per month, and is available in the following tiers:
· Tier One: Provides you with the ability to license ten (10) images per month;
· Tier Two: Provides you with the ability to license fifty (50) images per month; and
· Tier Three: Provides you with the ability to license one-hundred fifty (150) images per month.
The SmileStock Subscription, regardless of tier, will automatically renew every thirty (30) days, commencing from the date of the original purchase. Each renewal is subject to the same terms and conditions as the original purchase. You expressly grant SmileStock the right to charge you for each automatic renewal until you disable the automatic renewal by notifying SmilesStock by email at customercare@smilestock.shop at least 7 days prior to your next subscription period. All SmileStock Subscription tiers require a minimum commitment of three (3) months.
Canceling Your Subscription: If you register for a SmileStock subscription, you will be charged monthly unless you take action to cancel. The amount that will be billed and the frequency of recurring charges is as stated on the billing page of your purchase. To cancel the SmileStock subscription prior to being billed for the next subscription period, you will need to cancel your subscription 7 Days prior to the end of your subscription period. TO CANCEL SEND AN EMAIL WITH THE SUJECT CANCELLATION REQUEST TO CUSTOMERCARE@SMILESTOCK.SHOP. INCLUDE YOUR NAME ACCOUNT IS UNDER, EMAIL, PHONE NUMBER AND REASON FOR CANCELLATION IN THE EMAIL.
To request cancelation of your SmileStock Subscription, you must follow the subscription cancelation steps above, which are also provided on the Website, or contact SmileStock at customercare@smilestock.shop. A SmileStock Subscription that has not reached the minimum three (3) month commitment may only be canceled upon the payment of any outstanding balance that remains during the three (3) month period. Upon cancellation of your SmileStock Subscription, any License for the Licensed Images obtained under the SmileStock Subscription will be revoked. We may revoke the License(s) under your SmileStock Subscription, and/or completely cancel your SmileStock Subscription, for: (a) the failure to make a monthly payment; (b) violation of any of the Terms; and (c) any action deemed by SmileStock to be worthy of cancelation of the SmileStock Subscription or License(s) under such SmileStock Subscription.
10. Indemnification
You shall indemnify, hold harmless, and, at SmileStock’s option, defend SmileStock and its members, managers, employees, affiliates, and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by SmileStock resulting from any third-party claim, suit, action or proceeding relating to or arising from (i) your unauthorized use, or misuse, of the SmileStock Services, or any Licensed Images, or materials, (ii) any Feedback you provide in violation of any applicable law, (iii) any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Licensed Images, SmileStock Services or any of its features. You further agree that SmileStock shall have control of the defense or settlement of any third-party claims unless SmileStock exercises its option to require you to defend SmileStock. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SmileStock.
11. General Disclaimers
THE LICENSED IMAGES, SMILESTOCK SERVICES, SMILESTOCK WEBSITE, PRODUCTS AND SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SMILESTOCK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SMILESTOCK SERVICES; (B) CONTENT; (C) LICENSED IMAGES; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE SMILESTOCK SERVICES. SMILESTOCK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
SMILESTOCK DOES NOT REPRESENT OR WARRANT THAT THE SMILESTOCK SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SMILESTOCK SERVICES OR THE SERVERS THAT MAKE THE SMILESTOCK SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. SMILESTOCK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SMILESTOCK SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SMILESTOCK SERVICES IS AT YOUR SOLE RISK. SMILESTOCK DOES NOT WARRANT THAT YOUR USE OF THE SMILESTOCK SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. SMILESTOCK SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SMILESTOCK SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SMILESTOCK SERVICES.
12. Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMILESTOCK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SMILESTOCK SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SMILESTOCK, OR FROM EVENTS BEYOND SMILESTOCK’S REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SMILESTOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SMILESTOCK ARISING OUT OF OR IN ANY WAY RELATED TO THE SMILESTOCK SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE SMILESTOCK’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
13. Mediation; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO MEDIATE AND ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SMILESTOCK AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND SMILESTOCK AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SMILESTOCK SERVICES SHALL BE FIRST SUBMITTED TO MEDIATION. IF THE DISPUTE IS NOT RESOLVED, THE PARTIES SHALL SEEK TO RESOLVE THE DISPUTE THROUGH A FINALLY DECIDED BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
Any dispute, claim or controversy arising out of these Terms or the SmileStock Services shall first be submitted to mediation administered in Pima County, Arizona. You and SmileStock shall cooperate in selecting a neutral mediator and shall participate in good faith. If the dispute is not resolved at mediation, you and SmileStock shall then seek to resolve the dispute through binding arbitration.
Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and SmileStock agree that any in-person arbitral hearing would occur in the United States in Pima County, Arizona. SmileStock further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and SmileStock are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the License, Licensed Images, and SmileStock Services. Further, unless both you and SmileStock agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
14. Class Action Waiver
REGARDLESS OF THE FORUM, YOU AND SMILESTOCK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the License, Licensed Images, and SmileStock Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.
16. Governing Law and Jurisdiction
SmileStock operates the SmileStock Services from Arizona, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of Arizona, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Arizona shall not apply. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be state and federal courts sitting in Pima County, Arizona, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens with respect to such courts.
17. Notice
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to SmileStock at the following contact: customercare@smilestock.shop. Any notices to you may be made via either e-mail or postal mail to the address in SmileStock’s records or via posting on the SmileStock Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.
18. Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
19. Procedure for Making Claims of Copyright Infringement
If you believe in good faith that any of the content on the SmileStock Services infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the SmileStock Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
SmileStock’s copyright agent for notice of claims of copyright infringement can be reached as follows:
SmileStock
Attn: Customer Care
customercare@smilestock.shop
20. Miscellaneous
The SmileStock Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and SmileStock relating to your access to and use of the SmileStock Services. These Terms, and any rights granted hereunder, may not be transferred, or assigned by you without the prior written consent of SmileStock. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and SmileStock’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.