Terms and Conditions
Thank you for visiting 64Smiles. Our aim is to provide an easy way for you to share your treasured family photos just with family and those you invite, on a secure and private platform.
- An easy way to add and share old family photos privately
- Organised beautifully and displayed in an interactive family tree structure
- Provide a safe and secure space for your precious memories
- Totally private, no ads and where your photos or data will never be sold, exchanged or shared with any third party
These Terms and Conditions (“Terms”) govern your use of 64Smiles.com (“the Website”). By using the Website, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the Website.
The Website allows you to upload, post, link, store, share and otherwise make available certain photos, information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Website, including its legality, reliability, and appropriateness.
Your access to and use of the Website is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website. You warrant that you are at least 18 years of age and you are legally capable of entering into binding contracts. If you are under 18 years, you warrant that you have obtained consent from your parent/s or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Acceptance of Terms
By accessing and using the Website, you agree to abide by these Terms and any additional guidelines and rules posted on the Website. If you do not agree with any part of these Terms, please refrain from using the Website.
2. Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which can be found here. By using the Website, you consent to the collection, use, and sharing of your personal information as outlined in the Privacy Policy.
3. User Accounts
3.1. To access certain features of the Website, you will be required to create a user account. You are responsible for safeguarding your account information and maintaining its confidentiality.
3.2. You agree to provide accurate, current, and complete information during the registration process and to update this information as necessary.
3.3. You may not share your account with others or allow anyone else to use your account.
4. Content and Usage
4.1. You are solely responsible for the Content you upload to the Website, including photos, captions, and comments. You agree that the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and the adding or posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
4.2. You agree not to upload, share, or display content that is illegal, harmful, offensive, infringing on the rights of others, or otherwise violates these Terms.
4.3 Additionally, you hereby affirm and agree to the following:
(i) The Content shall not result in a breach of any law, regulation, rule, code, or other legal obligation, either by you or us.
(ii) The Content shall not be reasonably deemed obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in violation of confidence, or infringing upon privacy.
(iii) The Content does not contain any software viruses, malicious computer code, or files.
(iv) The Content will not bring us or the Website into disrepute.
4.3. You grant the Website a non-exclusive, worldwide, royalty-free, and transferable license to use, display, reproduce, and distribute the content you upload. To be clear, this license is solely for the purpose of providing the services offered on the Website allowing you to share your photos with others.
5. Copyright and Intellectual Property
5.1. The Website and its content, including text, images, software, and other materials, are protected by copyright and other intellectual property laws. You may not use, modify, or distribute any part of the Website without our explicit permission.
5.2. All trademarks and logos used on the Website are the property of their respective owners and may not be used without their consent.
6. Termination
6.1. We reserve the right to terminate or suspend your account and access to the Website, with or without notice, for violations of these Terms.
6.2. You may terminate your account at any time by following the instructions on the Website.
7. Disclaimers
7.1. Your use of the Website is at your sole risk. The Website is provided “as is” and without warranties of any kind, either express or implied including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
7.2. 64Smiles.com, its owners, subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.
7.2. We are not responsible for any third-party content or services linked to or from the Website.
8. Limitation of Liability
8.1. You agree that we shall not be liable for any damages suffered as a result of you using the Website, copying, distributing, or downloading content.
8.2. To the fullest extent permitted by applicable law, 64Smiles.com and its owners, affiliates, directors, officers, employees, agents, and representatives shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or related to:
(i) The use or inability to use our services. (ii) Unauthorized access to or alteration of your data or transmissions. (iii) Statements or conduct of any third party on our services. (iv) Any other matter relating to our services.
8.3. The above limitations apply even if 64Smiles.com has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
8.4. You have sole responsibility for securing your account and for the backup of data and/or equipment used in connection with your usage of the Website and you agree you will not make a claim against us for lost data, delays or lost profits resulting from the use of the Website.
8.5. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
9. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts in the United Kingdom.
10. Changes to these Terms
10.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
10.2 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
11. Contact Information
If you have any questions or concerns about these Terms, please contact us here.
Thank you for using 64Smiles.com We hope you enjoy your experience on our platform while respecting these Terms and promoting a positive and safe community for all users.