Posting Guidelines

(A) www.smiletrain.org may contain comments sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “content"). You are solely responsible for your use of any interactive areas and you use them at your own risk. By submitting content to an interactive area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on Smile Train, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and Smile Train, Inc..

(B) Community Guidelines. If you submit any content or participate in this forum, within or in connection with Smile Train, you agree to abide by the following rules of conduct:

• You agree not to upload, post or otherwise transmit any content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;

• You agree not to upload, post or otherwise transmit any content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity;

• You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene;

• You agree not to upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;

• You agree not to upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;

• You agree not to upload, post or otherwise transmit, without Smile Train’s express prior approval, content which contains advertising or any solicitation with respect to products or services;

• You agree not to upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme;

• You agree not to impersonate any person or entity, including, but not limited to, any Smile Train employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;

• You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about Smile Train users or posting private information about a third party;

• You agree not to upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component;

• You agree not to interfere with or disrupt Smile Train or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

• You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

• You agree not to upload, post, or otherwise transmit any content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Smile Train, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on Smile Train;

• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by Smile Train;

Any conduct that in Smile Train’s sole discretion restricts or inhibits anyone else from using or enjoying Smile Train will not be permitted. Smile Train reserves the right in its sole discretion to remove or edit content by you and to delete your post for any reason. Smile Train is not responsible for content submitted to Smile Train or posted in comments sections, social media, by users of Smile Train.

(C) Monitoring. Smile Train shall have the right, but not the obligation, to monitor content posted or uploaded to Smile Train to determine compliance with these Terms of Service and any operating rules established by Smile Train and to satisfy any law, regulation or authorized government request. Although Smile Train has no obligation to monitor, screen, edit or remove any of the content posted or uploaded to Smile Train, Smile Train reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any content posted or uploaded to Smile Train at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any content posted to the Site at your sole cost and expense.

(D) License to content. By submitting content to Smile Train, you automatically grant Smile Train the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such content. You warrant that such content is accurate and not misleading, and that use and posting or other transmission of such content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant Smile Train the right to pursue at law any person or entity that violates your or Smile Train’s rights in the content by a breach of these Terms of Service.

(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Smile Train or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Smile Train, and its licensees, successors and assigns, from any claims that you could otherwise assert against Smile Train by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the content for that user's personal use.

(F) content submitted by you will be considered non-confidential and Smile Train is under no obligation to treat such content as proprietary information except pursuant to the Smile Train Privacy Policy. Without limiting the foregoing, Smile Train reserves the right to use any content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Smile Train is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Smile Train. Smile Train shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties.