1. TERMS OF USE

Welcome to the NobodySmiling.com Web Site ("Site"). Please review the following that govern your use of our Site ("Terms of Use"). Your continued use of our Site constitutes your agreement to follow and be bound by the Terms of Use.

2. DEFINITIONS

NobodySmiling.com is the interactive online service operated on the World Wide Web of the Internet.

We can be reached via e-mail at post@nobodysmiling.com

3. GENERAL

As we continue to develop our Site, we may from time to time, modify, alter or update these Terms of Use. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. We therefore encourage you to refer to these Terms of Use on an on-going basis.

4. SITE CONTENTS

Unless otherwise noted, the design of this Site, the Site as a whole, and all materials, including some images, illustrations, and designs, that are part of the Site (collectively, "Contents") are copyrights, trademarks, and / or other intellectual properties owned, controlled, or licensed by their respective owners.

The Contents of our Site are intended solely for personal, noncommercial use by the users of our Site. You may not download or copy the Contents displayed on our Site except where expressly permitted (download page). No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site.

5. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We welcome your comments and feedback regarding our Site, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions disclosed, submitted or offered to NobodySmiling.com, using this Site (including the messageboard) or otherwise (collectively, "Comments"), are not confidential and will become and remain NobodySmiling.com property. The disclosure, submission or offer of any Comments constitutes an assignment to NobodySmiling.com, of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

6. MONITORING

Nobodysmiling.com, shall have the right, but not the obligation, to monitor the content of the Site, including messageboard, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, NobodySmiling.com, shall have the right to remove any material that nobodysmiling.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

7. USER CONDUCT

The NobodySmiling.com web site shall be used for lawful purposes only. Any conduct by you that in NobodySmiling.com discretion restricts or inhibits any other user from enjoying this Site will not be permitted. Any material posted to the site that does not comply with local, state or Federal Law will be removed.

8. Boards

NobodySmiling.com is not responsible for any material posted in the boards. Participants in the boards agree not to defame, abuse, harass, or threaten others, make any bigoted, hateful or racially offensive statements, advocate illegal activity or discuss illegal activities with the intent to commit them, post or distribute any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or infringes and/or violates any right of a third party or any law, post or distribute any vulgar, obscene, discourteous or indecent language or images, advertise or sell to, or solicit others, or post or distribute any software or other materials that may contain a virus or other harmful component. We recommend that you avoid posting personal information in the chat room / boards, especially if you are under the age of eighteen.

9. DISCLAIMER, LIMITATION OF LIABILITY, AND INDEMNITY

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NobodySmiling.com Inc. DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. NOBODYSMILING.COM, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. ALTHOUGH NOBODYSMILING.COM, ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. NEITHER NOBODYSMILING.COM NOR ITS RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. NOBODYSMILING.COM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF NOBODYSMILING.COM'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NOBODYSMILING.COM, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND RELATED ENTIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

10. TERMINATION

These Terms of Use constitute an Agreement which is effective unless and until terminated by either you or NobodySmiling.com, Inc. You may terminate this agreement at any time by sending an e-mail to post@nobodysmiling.com, Nobodysmiling.com may also terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in Nobodysmiling.com sole discretion, you fail to comply with any term or provision in this Agreement. Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials. These Terms of Use constitute the entire Agreement between you and Nobodysmiling.com relating to the subject matter addressed herein.

11. SEVERABILITY

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Agreement will remain in full force and effect.

Additionally, should either party terminate this Agreement, sections 1, 2, 4, 5, 7, 8, 9, 10, and 11 of this Agreement shall remain in full force and survive the termination of this agreement:

12. APPLICABLE LAW

This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in New York, NY U.S.A.