Legal Notice

I. GENERAL INFORMATION

In compliance with the duty of information provided in Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information of this website is provided below:

The ownership of this website, https://www.smileat.com/,(hereinafter, Website) is held by: SMILEAT S.L., with NIF: B-87144622 and registered in: Registro Mercantil de Madrid with the following registry data: Volume 32.758, folio 124, page M-589638, 1st inscription, whose representative is: Javier Quintana Arranz, and whose contact details are: Javier Quintana Arranz, and whose contact details are: Javier Quintana Arranz,whose representative is: Javier Quintana Arranz, and whose contact details are: Javier Quintana Arranz, whose representative is: Javier Quintana Arranz, and whose contact details are: B-87144622 :

Address: Calle Gran Vía 62, 5ª Derecha 28013 - Madrid (Madrid)

Contact telephone: 692058770

Contact email:info@smileat.com

II. GENERAL TERMS AND CONDITIONS OF USE

The object of the conditions: The Web Site

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood to mean: the external appearance of the screen interfaces, both statically and dynamically, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources offered to Users (hereinafter, Services).

Smileat reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time Smileat may interrupt, deactivate and/or cancel any of these elements included in the Website or access to them.

Access to the Web Site by the User is free and, as a general rule, is free of charge without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Contents or Services of the Web Site may be made by prior subscription or registration of the User.

The User

Accessing, browsing and using the Website, as well as the spaces enabled for interaction between Users, and the User and Smileat, such as comments and/or blogging spaces, confers the condition of User, and therefore the User accepts, from the moment he/she starts browsing the Website, all the Conditions set forth herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with according to each case. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.

The Smileat website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

• A use of the information, Contents and/or Services and data offered by Smileat that is not contrary to the provisions of these Terms and Conditions, the Law, morality or public order, or that in any other way may infringe the rights of third parties or the operation of the Website.
• The truthfulness and legality of the information provided by the User in the forms provided by Smileat for access to certain Contents or Services offered by the Website. In any case, the User shall immediately notify Smileat about any event that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.

Smileat reserves the right to remove any comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that violate youth or childhood, public order or safety or that, in its opinion, are not suitable for publication.

In any case, Smileat shall not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may be available.

Mere access to this Website does not imply any type of commercial relationship between Smileat and the User.

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Terms and Conditions. Therefore, this Website Smileat is not intended for minors. Smileat declines any responsibility for failure to comply with this requirement.

The Website is primarily intended for Users residing in Spain. Smileat does not ensure that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled in another place and decides to access and/or browse the Website, he/she shall do so under his/her own responsibility, and shall ensure that such access and browsing complies with the applicable local legislation, and Smileat shall not assume any liability whatsoever that may arise from such access.

III. ACCESS AND NAVIGATION ON THE WEB SITE: EXCLUSION OF WARRANTIES AND LIABILITY

Smileat does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. Smileat will make every effort to ensure the proper functioning of the Website, however, it is not responsible for and does not guarantee that access to this Website will be uninterrupted or error-free.

Nor is it responsible for or guarantees that the content or software that can be accessed through this Website, is free of error or cause damage to the computer system (software and hardware) of the User. Under no circumstances shall Smileat be liable for any loss, damage or harm of any kind arising from accessing, browsing and using the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Smileat shall also not be liable for any damages that may be caused to users due to improper use of this Website. In particular, it shall not be liable in any way whatsoever for any telecommunications failures, interruptions, faults or defects that may occur.

IV. LINKING POLICY

It is informed that the Smileat Website makes or may make available to Users means of linking (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.

The installation of these links, directories and search engines on the Web Site is intended to facilitate Users' search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.

Smileat does not itself or through third parties offer or market the products and/or services available on such linked sites.

Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

Smileat shall in no way review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material on such linked sites.

Smileat assumes no liability for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by Smileat and which are linked to this Website.

The User or third party who makes a hyperlink from a web page of another, different, website to the Website of Smileat should be aware that:

The reproduction - in whole or in part - of any of the Contents and/or Services of the Website is not permitted without the express authorization of Smileat.

No false, inaccurate or incorrect statement about the Smileat Website, its Contents and/or Services is permitted.

With the exception of the hyperlink, the website where the hyperlink is established shall not contain any element of this Website protected as intellectual property by Spanish law, unless expressly authorized by Smileat.

The establishment of the hyperlink does not imply the existence of a relationship between Smileat and the owner of the website from which it is made, nor the knowledge and acceptance by Smileat of the contents, services and/or activities offered on said website, and vice versa.

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

Smileat itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of Smileat, are expressly prohibited without the authorization of Smileat.

The User undertakes to respect the intellectual and industrial property rights of Smileat. The User may view the elements of the Website or even print, copy and store them on the hard drive of his/her computer or on any other physical medium, as long as this is exclusively for his/her personal use. The User, however, may not remove, alter or manipulate any protection device or security system installed on the Website.

In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of intellectual property protection, he/she must immediately notify Smileat through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VI. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Smileat reserves the right to bring any civil or criminal action it deems necessary for improper use of the Website and its Contents, or for breach of these Terms and Conditions.

The relationship between the User and Smileat shall be governed by the regulations in force and applicable in the Spanish territory. Should any dispute arise in relation to the interpretation and/or application of these Terms and Conditions, the parties shall submit their disputes to the ordinary jurisdiction, submitting to the judges and courts that correspond according to law.

This document of Legal Notice and General Conditions of use of the website has been created using the generator of template of legal notice and conditions of use online on 12/04/2022.

TERMS AND CONDITIONS FOR THE USE OF USER-GENERATED CONTENT (UGC)

From SMILEAT we appreciate and value that our community users share publications and content related to our brand's products on their platforms. That is why SMILEAT is happy to share the mentioned publications in our different communication channels.

1. Request for consent

SMILEAT will request the consent of the community through direct messages on social networks or comments on those publications in which our brand is mentioned or tagged. 

In order for consent to be granted and for SMILEAT to share community content on our online and offline channels, the user must respond to our request with the hashtag [#YesSmileat] or accept the consent screen provided by Flowbox.

2. Granting of rights of use

By agreeing to have the content of the publications shared by SMILEAT, you grant us a non-exclusive, royalty-free, transferable, worldwide, perpetual license to SMILEAT:

• Share such content on all our digital platforms, such as our website or our social networks.
• Reproduce or distribute the content publicly.
• Editing, modifying or supplementing the content of publications.
  

The purpose of this concession is the dissemination by SMILEAT of the user's content in which the brand is integrated or labeled, all for promotional and advertising purposes.

Regardless of the granting of rights of use by users, SMILEAT acknowledges that the photos or the content of the publications will always remain the property of the user.

User benefits

SMILEAT will offer to the user who gives his consent in accordance with point 1 above:

• Mentions in our digital platforms every time the publications are shared.
• Obtaining free advertising in all SMILEAT's broadcasting channels.

4. User warranties

The user, by granting consent, guarantees that:

• You are over 18 years of age.
• Is the legitimate owner of the content or, on the contrary, has sufficient rights to be able to authorize its use.
• It has all the pertinent legal authorizations, in those cases in which additional users or underage users appear in the publications.
• It does not infringe third party rights, such as intellectual and industrial property rights or image rights. 
  

The user guarantees the completeness and accuracy of the above guarantees, and shall hold SMILEAT absolutely harmless from any claims arising from the inaccuracy of the same.

5. Possibility to revoke consent 

Users may revoke their consent granted to SMILEAT to share their content at any time. To do so, they must send an email to info@smileat.com. 

Once we have received this email, SMILEAT will refrain from reusing to use the unauthorized content on any of its digital platforms, in accordance with the provisions of current legislation. Likewise, we will proceed to remove from all our digital platforms, as soon as possible, the content of the user whose consent has been revoked.

6. Processing of personal data

In cases where shared content involves the processing of personal data, such data will be processed in accordance with our privacy policy. The data controller will be SMILEAT, S.L., with Tax ID number B-87144622 and registered address at Calle Gran Vía, number 62, Madrid (28013), registered in the Madrid Mercantile Registry, in Volume 32,758, Folio 124, Page M-589,638. Users may address their questions and send their requests for access, rectification, erasure, objection, restriction of processing, or portability of their personal data to the email address info@smileatbaby.com.