User Generated Content Terms

Smiler B.V. , including its subsidiaries and affiliates (collectively, “Smiler”), may, in its sole discretion, permit or allow you and others, including photographers, consumers, shippers, merchants, Online Travel Agencies, advertisers, and other businesses or partners (in either case “User” or “you”) who use Smiler’s platform(s), tools, or social media channels, from time to time to create, submit, upload, publish, email, send messages, or otherwise make available textual, audio, or visual content and information, including commentary, reviews, and feedback related to the Services (as defined in applicable terms located at Terms of Use, initiation of support requests, communication with consumers, and submission of entries for competitions and promotions ("User Generated Content”, or “UGC") to Smiler or Users. By accessing or using the Services to provide UGC, you confirm your agreement to be bound by these User Generated Content Terms (“Terms”). These Terms may also be subject to other agreements you have with Smiler and/or applicable terms. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SMILER. In these Terms, the words “including” and "include” mean “including, but not limited to.”

1. Smiler’s role regarding User Generated Content

You acknowledge that Smiler is an online service provider and is not a publisher of UGC; nonetheless, Smiler may, but shall not be obligated to, review or monitor UGC and may, in its sole discretion, refuse to display, remove, edit, or disable UGC for any reason, including if Smiler determines that UGC may negatively affect Smiler or that UGC violates these Terms, the Community Guidelines the terms of any other agreement either located at or that you have with Smiler, any UGC or other content creation guidelines and/or policies that may be provided to you by Smiler from time to time, or applicable codes, laws, legislation, licenses, orders (including court orders), ordinances, rules, regulations, or any other requirement imposed by a government authority. Smiler does not endorse or approve any UGC available on the Services. Smiler has the right to display any UGC submitted by You on its Platform(s) in accordance with these Terms and shall have the right to combine such UGC with any UGC created by other Users, as well as any content created by Smiler itself.

2. License to User Generated Content

UGC remains your property; however, you grant Smiler a worldwide, perpetual, irrevocable, transferable, sub-licenseable, royalty-free license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such UGC in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Smiler's business, and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

3. Representations and Warranties

You represent and warrant that: (i) you either are the sole and exclusive owner of all UGC or you have all rights, licenses, consents and releases necessary to grant Smiler the license to the UGC as set forth above; (ii) neither the UGC, nor your submission, uploading, publishing, emailing, messaging, or otherwise making available of such UGC, nor Smiler's use of the UGC as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable applicable codes, laws, legislation, licenses, orders (including court orders), ordinances, rules, regulations, or any other requirement imposed by a government authority; and (iii) you assume all risks (including accuracy and reliability) associated with the content and shall not imply in any UGC that the content is endorsed or verified by Smiler. When providing UGC or otherwise using the Services, you agree that you will not:

  • Do or allow to be done, anything which will or is reasonably likely to adversely affect the Services or Smiler.
  • Use the Services to cause nuisance, annoyance, inconvenience, or property damage, for example using vulgar or harassing language, using hate speech, being abusive, or spamming, to any party using the Services.
  • Contribute UGC that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, derogatory, defamatory, infringing, invasive of another's privacy, inaccurate, or otherwise reasonably objectionable.
  • Provide content that you don't have permission to freely distribute, including the personal information of another person.
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, incorporate into advertisements, or in any way use another User’s UGC, except as expressly authorized by Smiler or the owner of the UGC.
  • Impersonate another person or falsely claim or imply that you are a Smiler employee, or Smiler representative.
  • Attempt to obtain, or phish for, a password, account information, or other private information from anyone else using the Services.
  • Use any robot, spider, or other automated device or process to access the Services for any purpose or copy any material from the Services.
  • Attempt to use the Services on or through any service that is not controlled or authorized by Smiler.
  • Promote a business, other commercial venture, photography platform or photography marketplace platform, or venue, or otherwise use the Services for commercial purposes, except in connection with your account with Smiler in accordance with your agreement, these Terms, and/or OTA online terms and conditions.
  • Promote or encourage any prohibited activity described above.

4. Indemnification

You will indemnify, defend, and hold harmless Smiler, its Affiliates, and their respective directors, officers, employees, agents, successors, and assigns, against all claims, damages, losses, and expenses (including reasonable outside attorney fees) with respect to any third-party claim(s) arising out of or related to the UGC. You agree that the provisions in this section will survive any termination of your account or this Agreement.

5. Violation of Terms

If you or someone using your account with Smiler violates these Terms or fails to remedy a violation after a warning, Smiler may take action against you, including revoking access to certain or all of the Services, or terminating your account. In case of severe violations, Smiler may take these actions without issuing a prior warning. When appropriate, Smiler will notify you of the action it will take in response to violations of these rules or breach of these Terms.

Specific Smiler Services may post additional rules that apply to your conduct on those services.