TERMS OF USE & CODE OF CONDUCT OF SMILEYFORMS.COM AND SMILEY FORMS SERVICES

PLEASE READ THE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF USE.

1. DEFINITIONS

A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we,” “us,” “our,” “Smiley Forms.”

“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, invitations, advice, and information that you display. “Smiley Forms Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than Smiley Forms or its users, such as data providers who license data to Smiley Forms for use on the Site.

2. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.smileyforms.com (the “Site”), by using or downloading any service or smart phone application connected with the Site (the “Services”), or by activating a Membership Account, you agree to abide by Smiley Forms’ Terms of Use, as they may be amended by Smiley Forms from time to time in its sole discretion. Smiley Forms will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site or Services. YOU AGREE THAT BY USING THE SITE OR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

3. MEMBERSHIP ACCOUNTS.

(3.1) DEFINITIONS. “Membership Account Services” include all of those services and features provided by Smiley Forms, whether or not a user pays a membership fee. “Membership Account Users” include all those users who have activated a Membership Account and, where applicable, have paid the applicable fee for the Services.

(3.2) TERMINATION. Any Membership Account User may cancel his or her Membership Account at any time for any reason. ANY AND ALL FEES PAID FOR THE MEMBERSHIP ACCOUNT SERVICES ARE NONREFUNDABLE.

4. PRIVACY POLICY. Smiley Forms respects your privacy and permits you to control the treatment of your personal information. A complete statement of Smiley Forms’ current privacy policy can be found by clicking here. Smiley Forms’ privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site or Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Smiley Forms immediately of any unauthorized use of your account, user name, or password. Smiley Forms shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Smiley Forms, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

5. USE OF SOFTWARE. Smiley Forms may make certain software available to you from the Site. If you download software from the Site or any associated apps, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Smiley Forms, for your personal, noncommercial, home use only. Smiley Forms does not transfer either the title or the intellectual property rights to the Software, and Smiley Forms retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

6. USER CONTENT. You grant Smiley Forms a license to use the materials you post to the Site and/or Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content, you are granting Smiley Forms, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Smiley Forms, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Smiley Forms may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site or Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site and/or Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

8. INTELLECTUAL PROPERTY OWNERSHIP. All Smiley Forms Content included on the Site and Service, such as text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the property of Smiley Forms and is protected by United States and international intellectual property laws. The compilation of all content on this site is the exclusive property of Smiley Forms and protected by U.S. and international copyright laws. All software used on the Site and/or Services is the property of Smiley Forms or its software suppliers and protected by United States and international intellectual property laws.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smiley Forms and our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Smiley Forms name or trademarks without the express written consent of Smiley Forms. You may not use any direct linking or source-calling of any media presented on this web site.

9. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Smiley Forms has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or Services. Smiley Forms has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Smiley Forms or of a third party, or otherwise violated any intellectual property laws or regulations. Smiley Forms’ policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Smiley Forms to delete, edit, or disable the material in question, you must provide Smiley Forms with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Smiley Forms to locate the material; (d) information reasonably sufficient to permit Smiley Forms to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Smiley Forms’ designated agent at:

Smiley Forms

Attn: ______________

Phone Number: ___________________

Email: ________________________

10. PROHIBITED CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:

(10.1) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that you know is false or misleading;

(10.2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;

(10.3) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

(10.4) harasses or advocates harassment of another person;

(10.5) exploits people in a sexual or violent manner;

(10.6) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

(10.7) solicits or is designed to solicit personal information from or about any minor;

(10.8) contains information that poses or creates a privacy or security risk to any person;

(10.9) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

(10.10) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

(10.11) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

(10.12) solicits or is designed to solicit passwords or personal identifying information from other Users;

(10.13) involves commercial activities and/or sales without prior written consent from Smiley Forms;

(10.14) includes a photograph or video of another person that you have posted without that person’s consent; or

(10.15) violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.

Smiley Forms reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site or Service, and, if applicable, to delete any such material from its servers. Smiley Forms intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

11. PROHIBITED CONDUCT. You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Site or Services:

(11.1) threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user’s use of the Site or Service;

(11.2) using the Site or Service in a manner that may create a conflict of interest;

(11.3) using the Site or Service to promote bigotry or discrimination;

(11.4) using the Site or Service to solicit personal information from minors or to harm or threaten to cause harm to minors;

(11.5) using the Site or Service for commercial or promotional purposes, advertising or otherwise solicits funds or is a solicitation for goods or services, displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site or Service on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Smiley Forms, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;

(11.6) engaging in criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

(11.7) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

(11.8) attempting to probe, scan, or test the vulnerability of the Site or Service or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site or Service;

(11.9) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”

(11.10) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

(11.11) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site or Service;

(11.12) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Smiley Forms in providing the Site or Service;

(11.13) using the Site or Service for keyword spamming or to otherwise attempt to manipulate natural search results;

(11.14) recording, processing, or mining information about other users;

(11.15) using any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content, or accessing, retrieving, or indexing the Site for purposes of constructing or populating a searchable database;

(11.16) using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Site or Service for the purposes of sending unsolicited or unauthorized material;

(11.17) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Smiley Forms Site or Service other than your Content which you legally post on, through or in connection with the Smiley Forms Services;

(11.18) providing or using “tracking” or monitoring functionality in connection with the Site or Service, including, without limitation, to identify other Users’ views, actions or other activities on the Site or Service;

(11.19) covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Smiley Forms page via HTML/CSS or any other means;

(11.20) employing any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;

(11.21) interfering with, disrupting, or creating an undue burden on the Smiley Forms Services or the networks or services connected to the Smiley Forms Services;

(11.22) impersonating or attempting to impersonate Smiley Forms or a Smiley Forms employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of e-mail addresses associated with or of any of the foregoing);

(11.23) selling or otherwise transferring your profile, your e-mail address or URL;

(11.24) using or distributing any information obtained from the Smiley Forms Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

(11.25) relaying e-mail from a third party’s mail servers without the permission of that third party;

(11.26) using invalid or forged headers to disguise the origin of any Content transmitted to or through Smiley Forms’ computer systems, or otherwise misrepresenting yourself or the source of any message or Content;

(11.27) engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or

(11.28) using the Site or Service in a manner inconsistent with any and all applicable laws and regulations.

12. ADVERTISING AND SOLICITATION. As provided in Section 11.5 of this Agreement, you are prohibited from advertising to or making solicitations of any other User to buy or sell any products or services without the prior authorization of Smiley Forms. You are prohibited from transmitting any chain letters or junk e-mail to other Users. In order to protect our Users from such advertising or solicitation, Smiley Forms reserves the right to restrict the number of e-mails which a Member may send to other Members in any twenty four (24) hour period. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the Smiley Forms Services, you acknowledge that you will have caused substantial harm to Smiley Forms, but that the amount of such harm would be extremely difficult to ascertain. Smiley Forms reserves the right to terminate a user’s account and access to the Site and Services and reserves the right to seek compensation for any harm or damage to Smiley Forms as a result of a user’s violation of this section.

13. ALLEGED VIOLATIONS. Smiley Forms reserves the right to terminate your use of the Site and Service, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Site or Service for any reason. To ensure that Smiley Forms provides a high quality experience for you and for other users of the Site or Service, you agree that Smiley Forms or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Site or Service. Smiley Forms does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Smiley Forms reserves the right to terminate your account or your access to the Site or Service immediately, with or without notice to you, and without liability to you, if Smiley Forms believes that you have violated any of the Terms of Use, furnished Smiley Forms with false or misleading information, or interfered with use of the Site or Service by others.

Smiley Forms assumes no responsibility for monitoring the Site or its Services for prohibited Content or conduct. If at any time Smiley Forms chooses, in its sole discretion, to monitor the Site or Services, Smiley Forms assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.

If you become aware of misuse of the Site or Service or of any prohibited Content or conduct, please report it to Smiley Forms by clicking on the “Contact Us” or the “Report Abuse” link at the bottom of the Smiley Forms Website pages.

14. NO WARRANTIES. SMILEY FORMS HEREBY DISCLAIMS ALL WARRANTIES. SMILEY FORMS IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMILEY FORMS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SMILEY FORMS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

SMILEY FORMS HAS NO FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT SMILEY FORMS HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING WHO GAINS ACCESS TO THE SITE OR SERVICE, WHAT CONTENT YOU ACCESS VIA THE SITE OR SERVICE, WHAT EFFECTS THE CONTENT MAY HAVE ON YOU OR OTHER USERS, HOW YOU OR OTHER USERS MAY INTERPRET OR USE THE CONTENT, OR WHAT ACTIONS YOU OR OTHER USERS MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT.

YOU RELEASE SMILEY FORMS FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SITE OR SERVICE. THE SITE OR SERVICE MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. SMILEY FORMS MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND SMILEY FORMS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICE.

ALTHOUGH SMILEY FORMS, PURSUANT TO ITS PRIVACY POLICY, SHALL TAKE ALL APPROPRIATE MEASURES NECESSARY TO PROTECT THE CONFIDENTIALITY OF YOUR CONFIDENTIAL AND PRIVATE HEALTH CARE INFORMATION AND HEALTH HISTORY, YOU ACKNOWLEDGE AND AGREE THAT THE TRANSMITTAL AND STORAGE OF SUCH INFORMATION THROUGH THE INTERNET AND ON AN ONLINE DATABASE CARRIES WITH IT INHERENT RISKS OF LOSS OR INADVERTENT DISCLOSURE OF YOUR CONFIDENTIAL HEALTH INFORMATION. YOU HEREBY ACKNOWLEDGE THAT SMILEY FORMS IS NOT RESPONSIBLE FOR ANY SUCH INADVERTENT DISCLOSURES OR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.

SMILEY FORMS IS NOT A LICENSED HEALTH CARE PROVIDER AND IS NOT IN THE BUSINESS OF PRACTICING MEDICINE, CHIROPRACTIC WORK, OR PROVIDING ANY OTHER PROFESSIONAL HEALTH CARE, MEDICAL, OR CHIROPRACTIC ADVICE. YOU SHOULD SEEK THE ADVICE OF QUALIFIED, LICENSED PROFESSIONALS FOR ANY MEDICAL CARE NEEDS YOU HAVE AND PRIOR TO THE USE OF THE SITE OR SERVICES.

15. LIMITED LIABILITY. SMILEY FORMS’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMILEY FORMS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA OR LOSS OR INADVERTENT DISCLOSURE OF YOUR CONFIDENTIAL HEALTH INFORMATION, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SMILEY FORMS. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, personal injury, or any other legal theory or form of action.

16. AFFILIATED SITES. Smiley Forms has no control over, and no liability for any third party websites or materials. Smiley Forms works with a number of partners and affiliates whose Internet sites may be linked with the Site or Service. Because neither Smiley Forms nor the Site has control over the content and performance of these partner and affiliate sites, Smiley Forms makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Smiley Forms assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site or Service, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Smiley Forms makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

17. INDEMNITY. You agree to indemnify Smiley Forms for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Smiley Forms, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or Service, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Smiley Forms will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

18. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Butte County, California, USA in all disputes arising out of or related to the use of the Site.

19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

20. NO LICENSE. Nothing contained on the Site or Service should be understood as granting you a license to use any of the trademarks, service marks, logos, or any other items of intellectual property owned by Smiley Forms or by any third party.

21. PRICING OR TYPOGRAPHICAL ERRORS. Smiley Forms strives to provide accurate service and pricing information, but inadvertent typographical errors may occur. In the event that our service is mispriced or misrepresented, Smiley Forms may, at our discretion, either contact you for instructions, or cancel your subscription and notify you of such cancellation. Prices and services are subject to change without notice.

22. SUBSCRIPTION ACCEPTANCE. Smiley Forms reserves the right to deny acceptance of a subscription or membership to any potential user or to cancel any existing subscription for any reason.

23. MODIFICATIONS. Smiley Forms may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site or Service; and (c) discontinue the Site or Service at any time. Smiley Forms shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site or Service following notice of any revision, you shall abide by any such revision.

24. TERMINATION. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site or Service. Smiley Forms also reserves the right to terminate your use of the Site or Services for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.

25. ACKNOWLEDGEMENT. BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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