Terms of Use
Terms of Use for TOOTH FAIRY PALS
Please read these Terms & Conditions of Use carefully before using this site and/or our services.
Using our service, our website, and all of the websites we have created indicates that you agree and consent to follow our Terms and Conditions of Use and Service. If you do not agree with all the Terms and Conditions of Use and Service, you should not order our service or use our website! The Company may change and update these Terms and Conditions at any time. Our products and services must be used in compliance with these terms before you use them. If you continue to use the Websites, you agree to those changes.
Definition of Client: A client is any business entity or individual who purchases services from The Company. A visitor is anyone who visits a website designed and created by The Company.
This website and its contents are not intended to provide medical or dental advice. Text, images, video, information obtained from licensors and other content found therein (the “Content”) is only for informational purposes. If you have any questions regarding a medical condition, please seek the advice of a qualified healthcare provider. It is strongly recommended that users or visitors contact their doctor or the nearest emergency room if they experience a medical emergency. The Company makes no recommendation or endorsement about the results of medical tests, healthcare professionals, medical procedures, opinions, or information provided at the Websites. You should use the information provided by Company employees, links on its website, guests who appear on its website at the Company’s invitation, and other visitors solely at your own risk. Additionally, information added to The Company’s websites by its clients is added at the company’s sole discretion. The Company does not accept any liability or responsibility for said content.
Children's Privacy
You should be aware that our websites are not intended for children under the age of 13. We are committed to protecting the privacy of children.
Use of Content
The Company authorizes you to use and view a single copy of the material on The Company websites solely for your use. Content and/or images on the websites designed by The Company are protected by copyright laws. Any special rules for the use of certain software and other items accessible on The Company websites are incorporated into these Terms and Conditions and our other legal notices. The fees charged to clients for membership and setup/design of websites do not provide any right of ownership to content, design elements and/or images, and other material throughout the Websites unless permitted by written consent from The Company. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with The Company or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of The Company websites. Domain names registered by The Company for its clients are the legal property of The Company and are leased temporarily to clients. All rights not expressly granted herein are reserved to The Company and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of the Company and its Licensors
The use of The Company Websites, and the Content is at your own risk. When using The Company Websites, information will be transmitted over a medium that may be beyond the control and jurisdiction of The Company. Accordingly, The Company assumes no liability for or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of The Company Websites. The Company Websites and the content are provided on an “as is” basis. The Company ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, The Company, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of The Company Websites.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools concerning the Content contained on The Company’s websites. In no event shall The Company, its licensors, its suppliers, or any third parties mentioned on The Company websites be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use The Company websites or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Company is advised of the possibility of such damages. The Company is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurring. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
User Submissions
You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to The Company by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept, or invention to The Company by email, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept, or invention to The Company by email, you automatically grant–or warrant–that the owner of such content or intellectual property has expressly granted The Company a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sublicense its rights through multiple tiers of sub-licenses. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them to the Public Areas or The Company by email. We try to answer every email promptly but are not always able to do so.
Right to Refuse Service/Cancellation Policy
The Company reserves the right to refuse to provide services to any of its clients at its sole discretion. Since the membership programs are monthly, a client whose service is being terminated will receive a one-month notice via email. It is the responsibility of the client to find and secure new services for his/her website design/hosting and maintenance. A client has the right of canceling his membership with a one-month written notice unless a separate agreement has been signed by the client. All fees are due before the receipt of such notice by mail/fax confirmed by The Company In both cases of service termination and cancellations, the client understands that The Company has full ownership and copyright to all material on its websites. Material that has been added by clients such as images and personal content can be moved to a new company and website at the client’s discretion. No material of original design content, images including domain names is permitted to be transferred unless with written permission from The Company.
Passwords
The Company has several tools that allow you to record and store information. For example, these areas are structured to allow access only to visitors with a valid password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your The Company passwords or accounts.
It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your The Company account and password; (3) promptly inform The Company of any need to deactivate a password. You grant The Company and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. The Company cannot and does not assume any responsibility or liability for any information you submit, including to Register to win, or your or third parties use or misuse of information transmitted or received using The Company tools and services, including Online Editor and Practice-Xl Online.
The Company Live and Member to Member Areas ("Public Areas")
If you use a Public Area, such as a chat room, bulletin board, or community, you are solely responsible for your communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. The Company is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: Using a Public Area for any purpose in violation of local, state, national, or international laws; Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by The Company in its sole discretion; Posting advertisements or solicitations of business; After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); Posting chain letters or pyramid schemes; Impersonating another person; Distributing viruses or other harmful computer code; Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent; Allowing any other person or entity to use your identification for posting or viewing comments; Posting the same note more than once or “spamming”; or Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of The Company, exposes The Company or any of its customers or suppliers to any liability or detriment of any type. The Company reserves the right (but is not obligated) to do any or all of the following: Record the dialogue in public chat rooms. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. Terminate a user’s access to any or all Public Areas and/or The Company websites upon any breach of these Terms and Conditions. Monitor, edit, or disclose any communication in the Public Areas. Edit or delete any communication(s) posted on The Company websites, regardless of whether such communication(s) violate these standards. The Company reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. The Company has no liability or responsibility to users of The Company websites or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
The Company may provide links to third-party websites. The Company also may select certain sites as priority responses to search terms you enter and The Company may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. The Company does not recommend and does not endorse the content on any third-party websites. The Company is not responsible for the content of linked third-party sites, sites framed within The Company websites, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Company does not endorse any product advertised on the site.
Material Submitted by Client
One service of The Company is updating and changing websites and its content on clients’ behalf. Also, The Company offers access to a direct and live online editor that enables clients to update their websites with their material of choice. It is the responsibility of the client and/or its employees to make sure that the material submitted is original and/or the client does have permission to use it. It is also the responsibility of the client to ensure the material added to comply with all local, state, and federal laws (for example American with Disability Act). The Company does not accept any responsibility as to the review of such material for copyright issues. If The Company is informed by any third-party of copyright infringement and/or questionable material, The Company reserves the right to remove the material in question from our server. It is the responsibility of the client to resolve such complaints, objections, and/or any legal action brought resulting from the use of such material.
Indemnity
You agree to defend, indemnify, and hold The Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General
The Company makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access The Company websites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with The Company, or in any way relating to your use of The Company Websites, resides in the courts of the state of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Dallas, the City of Irving, and the State of Texas in connection with any such dispute including any claim involving The Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Complete Agreement
This agreement constitutes the entire agreement between you and The Company relating to the use of The Company Websites and the Content, except as otherwise expressly provided in a particular “legal notice” on The Company Websites. We greatly appreciate your cooperation and hope you find The Company helpful. You can contact us if you find our website helpful or convenient to use. Please do not hesitate to let us know if any links are not functioning. We aim to reply to every email promptly but are not always able to.