Terms of Use

Welcome to the website ("Site") operated by Smile Train Brasil (also referred to as “Smile Train”, "us," "we," and "our"). These terms of use ("Terms"), which include our Privacy Policy, govern your use of our Site and any services offered through our Site ("Services").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE AND SERVICES. BY ACCESSING OUR SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, WITHOUT LIMITATION OR QUALIFICATION. We may modify these Terms at any time by posting a revised version on our Site or, if we determine appropriate, by sending you an email or other notice. Please review these Terms from time to time because your continued use of our Site after modified Terms have been posted indicates your consent to the modified Terms.

1. Site Content. Smile Train provides users with access to an extensive amount of resources ("Content") on our Site. Unless otherwise indicated, all Content on our Site (including text, graphics, logos, button icons, audio clips, writings, images, and photographs) is copyrighted by and proprietary to Smile Train and its licensors. You may use our Content only as expressly permitted in these Terms or as otherwise approved in writing by Smile Train.

2. Use of Content. You may print or download one copy of Content for your personal and noncommercial use on the condition that: (i) you do not copy, distribute, or otherwise use the Content in any media; and (ii) you do not alter the Content or any proprietary notices. You may not otherwise use in any manner Content, in whole or in part, without Smile Train's prior written consent. You may not use any automated or manual device or method to "scrape" or otherwise obtain our Content or any user data.

3. Use of Our Site and Services. You agree to use our Site only for lawful purposes and in a manner that does not infringe the rights or restrict the use and enjoyment of our Site by any third party. Some of our Services may permit you to upload content (e.g., data, questions, comments, suggestions, or the like), which will be treated as non-confidential and non-proprietary information. Additional terms and conditions may apply to certain activities on our Site, such as making a donation to Smile Train. We assume no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks are borne solely by you. When you upload or otherwise send user content through our Services you grant Smile Train a worldwide, nonexclusive, irrevocable, perpetual, royalty-free, sublicenseable right to reproduce, distribute, create derivative works of, publicly display and perform the user content in all media now known or later developed. Smile Train reserves the right to remove any user content and communications from our Site in its discretion at any time without notice. You warrant that you have the right to include (and grant to Smile Train the above license to) any third-party materials and all individuals' names, likenesses, and voices that you include in any user content.

4. Conduct on the Site. You may use the Site and our Services on the condition that you do not: (i) transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component or otherwise interfere with operation of the Site; (ii) use the Site for any unlawful purpose or otherwise violate any applicable laws, rules, or regulations; (iii) upload any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or that infringes on our or any third party's intellectual property or other rights; (iv) upload any content without authorization to do so; or (v) upload any spam, advertisements, solicitations, chain letters, or other unsolicited commercial communication.

5. Copyright Agent. Smile Train respects the intellectual property of others and requests that individuals who use our Site also respect them. If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact us by email: [email protected].

6. Requesting Permission to Use Content. To request permission to otherwise use Content from our Site or from other Smile Train printed materials, please send your request to [email protected]. When submitting a request, please provide the following:

1. Information about the exact Smile Train material you propose to use or copy, including, as available, the title of the document, page numbers, section titles, and copyright dates; for Content from our Site, include the web address (URL) and, if possible, attach a copy of the specific Content you wish to use;
2. Provide an explanation of how you wish to use or distribute (including channels of distribution) the Content or other material and whether you wish to sell or charge for reprinted materials;
3. Provide a description of your organization or business and its activities; and
4. Provide contact information, including phone number, email address, and/or mailing address. Smile Train reserves the right in its discretion whether to grant permission. Smile Train may grant permission to use portions of its materials if the material will be reproduced for educational purposes, and if the material will not be used for commercial or for-profit activities.

7. Trademarks: Our name and our trademarks and service marks, including "Smile Train," the "Smile Train logo," and "Changing The World One Smile At A Time," which are registered service marks, and other indicia of source are owned by Smile Train (collectively, "Our Trademarks"). You may use Our Trademarks only as expressly permitted by Smile Train.

8. Medical Disclaimer: SMILE TRAIN DOES NOT PROVIDE MEDICAL SERVICES OR ADVICE AND DOES NOT GUARANTEE FINANCIAL SUPPORT FOR ANY REQUIRED MEDICAL SERVICES. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY. NO INFORMATION ON OUR SITE OR IN OTHER MATERIALS IS INTENDED AS MEDICAL ADVICE, AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR OR YOUR CHILD'S INDIVIDUAL MEDICAL NEEDS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR OR YOUR CHILD'S MEDICAL CONDITION.

9. No Warranties; Disclaimer: OUR SITE, SERVICES, AND CONTENT ARE MADE AVAILABLE FOR YOUR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED), WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY THAT: (A) OUR SITE, SERVICES, OR CONTENT WILL BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY; (B) OUR SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS; OR (C) YOUR ACCESS TO AND USE OF OUR SITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS OR OTHERWISE SECURE.

10. Third Party Sites: Our Site may contain references or links to third-party web sites, web pages, materials, information and resources (collectively, "Third-Party Sites") solely as a convenience to our users. We do not control and do not endorse any Third-Party Site and, therefore, you acknowledge that Smile Train has no responsibility for any Third-Party Site. You also acknowledge and agree that Smile Train will not be liable, directly or indirectly, for any damages caused or losses suffered due to the use of Third Party Sites, such as hacker attacks, system failures, viruses, trojans, malware, among others.

11. Limitation of Liability: For the correct functioning of our Site, access and data traffic between terminals on your computer or mobile device and the servers that host our Site are essential. Smile Train, therefore, does not guarantee and is not responsible for the full and uninterrupted availability of the Services offered on the Site, not having any interference and not being responsible for any failures in the traffic of this data and access to our Site.

Under no circumstances will Smile Train be liable for any claims, damages, losses, expenses, or costs of any nature arising directly or indirectly from the use, or the inability to use, the Site or, furthermore, reliance on the information and materials on this Site.

You, as an user, are responsible for verifying the reliability of the information before taking any decision or performing any act on our Site.

12. Indemnification: You agree to indemnify, defend (if Smile Train requests) and hold harmless Smile Train, its vendors, licensees, licensors, agents, employees, officers, directors, partners, and volunteers (the "Indemnitees") from and against any and all losses, damages, liabilities, fees and costs, including attorneys' fees and court costs, which may be incurred by any Indemnitee in connection with your breach or alleged breach of these Terms or your use of the Site, Services, or Content. You may not settle or compromise any claim that would affect any Indemnitee's rights or legally obligate any Indemnitee without the Indemnitee's prior written approval in each case. Smile Train reserves the right to control the defense (with its own counsel) of any indemnified claim.

13. Jurisdiction: These Terms will be governed and interpreted in accordance with Brazilian legislation, regardless of the conflicts of these laws with those of other countries, the Jurisdiction of the city of São Paulo, State of São Paulo, being competent, to the exclusion of any other, to resolve any doubt or disagreement arising from these Terms between Smile Train and users. By continuing to browse the Site, you accept the jurisdiction of this court to the exclusion of any other, however privileged it may be.

14. Questions: If you have any questions about these Terms or our Site, please contact us at [email protected].