Membership Agreement

PLEASE READ AND REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACTIVATING YOUR Global Smile? ACCESS ACOUNT.

Terms and Conditions of Use

Welcome to Global Smile?!

By joining Global Smile?, you agree to the terms and conditions set forth below in this Membership Agreement. If you do not agree to these terms and conditions, please do not activate your account. The activation of an account indicates your agreement to be bound by this Membership Agreement.

Global Smile, Ltd. is a Portuguese Private Limited Company which owns and operates the www.Global-Smile.com web site, Global Smile? is the name we use to refer to our entire company, even though our formal corporate name is Global Smile, Ltd. When we refer to ourselves as "we" or "Global Smile?", we mean our company, Global Smile, Ltd., including any subsidiary that we control.

This Membership Agreement is a legal document that governs the terms and conditions of your membership in Global Smile?. These terms and conditions are designed to ensure that you have a safe and enjoyable experience with Global Smile?. You should read and review this Membership Agreement carefully. By activating your account, you acknowledge your agreement with these terms and conditions, as such terms and conditions may be amended from time to time. You are also agreeing to accept a non-exclusive, non-assignable right and license to use Global Smile?. Global Smile? reserves the right to change these terms and conditions at any time.


INTRODUCTION TO Global Smile?
Global Smile? has a vast Business scope, centered in a web-based environment, it develops projects involving Traditional Chinese Medicine (TCM), e-Health, Health Informatics, Global Business Assistance, Communication Solutions, Multimedia Production, e-Learning Tools, organization of events, Health & Medical Tourism, Import & Export and e-Commerce. It is based on the principle of sustainable growth of the Information Economy.

Global Smile? creates exclusive work-in-progress contents about Traditional Chinese Medicine (TCM) and is designed for educational purposes only. It is constantly developing new content based on the needs of its users. No other website offers the depth and originality of its content that make Global-Smile.com the best place to learn the new and to remember the old foundations of TCM. The TCM Knowledge Base?, and 2nd Opinion - a TCM Clinical Advisor? accesses are offered and sold on a subscription basis; the Translation & Research, Multimedia Productions, Health & Medical Tourism and Global Business Assistance services are charged according to the required assignment to be executed; however, certain areas are available to visitors without cost. Besides, the Global-Smile.com requires that account activation be completed strictly by TCM students, qualified health care professionals, teachers　and researchers, exception is only made for the Health & Medical Tourism and Global Business Assistance services.


REGISTRATION AND USE OF THE SERVICE
As part of the registration process, each Member will select a password and user name ("User Name"). You agree to provide us with accurate, complete, and updated Account information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your rights to use the Account. You may not (a) select or use a User Name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, or (c) use a User Name that we, in our sole discretion, deem inappropriate or offensive, (d) use the same User Name and password to try to access Global-Smile.com from two or more different computers simultaneously, if this happens often we will consider that a breach of security has occurred and we will proceed as described in REMEDIES FOR BREACH (read carefully this section below). You are responsible for maintaining the confidentiality of your User Name and password, and you will be responsible for all uses of your User Name and password, whether or not authorized by you.

While health and wellness topics related to children are covered under the Global Smile? site, this Web site is designed and intended for use by adults only, and is not intended for, nor is designed to be used by citizens under the age of 18. Persons under the age of 18 are not allowed to access, use or subscribe the site without the written permission of their legal guardian.


USE OF YOUR ACCOUNT
As the Register Member for an Account, you are entirely liable for all activities conducted through that Account, and are responsible for ensuring that any other person who uses the Account is aware of the terms of this Agreement and complies with this Agreement. Each person who uses the Account agrees to be bound by the terms of this Agreement, whether or not such person is a Member. You will notify us at interact@global-smile.com of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password. We will have no liability for any circumstances arising from the unauthorized use of a User Name, Member's password or on your Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us. You are solely responsible for providing all computer hardware, telephone and other equipment necessary to access the Service, including without limitation Internet access software and modems.

Global Smile? offers several subscription options for TCM Knowledge Base? and 2nd Opinion - a TCM Clinical Advisor?, the Translation & Research, Multimedia Productions, Health & Medical Tourism and Global Business Assistance services are charged according to the required assignment to be executed (read the details about this in the specific sections). With this users may have access to the pre-selected service for a predetermined period; in addition it is impossible to use the same User Name and password to access Global-Smile.com in two or more different computers simultaneously.

If you have reasons to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your User Name, password, or any credit, debit, or charge card number stored on the Service, you must promptly change your password and notify us of the problem (by notice to interact@Global-Smile.com). You are responsible for maintaining the confidentiality of your User Name and password, and you will be responsible for all uses of your User Name and password, whether or not authorized by you.

ADMINISTRATION OF THE SERVICE
Changes to the Terms of this Agreement: We may change, modify, suspend, or discontinue any aspect of the Service at any time, including, without limitation, access policies, the availability of any Service feature, hours of availability, content, data, or software or equipment needed to access the Service. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

We reserve the right to change prospectively the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees or charges for access to portions of the Service effective upon prior notice to Members by posting such changes on its web site or by sending e-mails to Members. You hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.

We may, from time to time, have special events, software or content available on the Service, which will be subject to additional terms and conditions that will be made available for your review. You agree that if you or any Member uses or accesses such special events, software or other content, such additional terms and conditions will be binding.

We reserve the right, at our sole discretion, to change, modify, add, supplement or delete any of the terms and conditions of this Agreement at any time. We will post notification of any such changes on the Service, or give notice of them to you via e-mail, postal mail or by pop-up screen, at our sole discretion. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate your Account. The continued use of the Service by you following your receiving a notice of changes to this Agreement will mean you accept any and all such changes.


E-MAIL AND MESSAGE BOARDS
Use of Global Smile? message boards and the e-mail program are subject to the Global Smile? Posting Guidelines, and the following additional terms and conditions. The Posting Guidelines are incorporated by reference in this Agreement. Members shall not upload to, distribute through or otherwise publish, via e-mail, message boards or otherwise, any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, that would constitute a criminal offense, violate the rights of any third party, or that would give rise to liability or violate any law. The e-mail and message board functions shall only be used in a non-commercial manner. You shall not, without our approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. Global Smile? reserves the right to suspend or terminate any screen name is being used for commercial purposes, or is otherwise in violation of this Agreement.

By uploading materials to e-mail, message boards, forums, lesson plans or other posting areas, or otherwise submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate or create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the World. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Global Smile? offers its users the ability to post to message boards and other designated areas. While Global Smile? will make reasonable efforts to review posted messages and other postings prior to publication, Global Smile? takes no responsibility for the content or the opinions posted. Global Smile? shall not be held liable for the actions or decisions of persons posting content to the message boards or for content contained in e-mails.


PRIVACY
Global Smile is committed to protecting the privacy of website visitors. You should consult the Privacy Policy for more information on our information collection, use and disclosure practices. You acknowledge that, although Global Smile agrees to use its best efforts to comply with and to ensure that its users, content providers, distributors and licensees comply with our Privacy Policy, Global Smile? cannot be held responsible for the actions of third parties who violate our Privacy Policy.

RESTRICTIONS ON THE USE OF MATERIALS
The materials on Global Smile? are owned or licensed by Global Smile?, and are protected by various laws, including trademark and copyright laws. No material may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose (including the use of any such material on any other website or networked computer environment) is a violation Global Smile's copyright and other proprietary rights, or the copyright and other proprietary rights of third parties with whom Global Smile? has contracted for the right to such materials. Any unauthorized use of these materials may subject you to civil liability and criminal prosecution under applicable laws. Unless otherwise specified, all copyrights, trademarks, service marks and trade names are proprietary of Global Smile, Ltd.

In the event you download software from Global Smile, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the "Software"), are licensed to you by Global Smile?. Global Smile?, or our contract partners, does not transfer title to the Software to you. Global Smile?, or our contract partners, retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.


SUBMISSIONS
Global Smile? welcomes your submissions. If you send us creative suggestions, ideas, notes, articles, papers, stories, messages, narratives, drawings, concepts, or other information or content ("Submissions"), the Submissions will be deemed, and shall remain, the sole and exclusive property of Global Smile?, and Global Smile? will be entitled to the unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. None of the Submissions shall be subject to any obligation of confidence on the part of Global Smile?, and Global Smile? shall not be liable for any use or disclosure of any Submissions. Without limiting the generality of the foregoing, Global Smile? shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the World, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.


DISCLAIMERS
All content, services and other materials published or otherwise made available through Global Smile? are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Global Smile? disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, absence of viruses, or accuracy or completeness of responses, of results, and lack of negligence or lack of workmanlike effort. Global Smile? does not warrant that the functions contained in the services or in the materials will be uninterrupted or error-free, that defects will be corrected, or that Global Smile? or the servers that make it available are or will be free of viruses or other harmful components. Global Smile? does not warrant or make any representations regarding the use or the results of the use of the services or  materials on Global Smile? in terms of their correctness, accuracy, reliability or otherwise. Also, there is no warranty of condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. No oral or written information or advice given by Global Smile?, or its representatives, shall create a warranty or in any way increase the scope of this warranty. Members assume the entire cost of all necessary servicing, repair or correction.


LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, shall Global Smile? be liable for any special, direct, indirect, or consequential damages that result from the use of, or the inability to use, the services or materials on Global Smile?, even if Global Smile? or its authorized representatives has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Global Smile's total liability to you for all damages, losses, and causes of action, whether in contract, negligence, tort or otherwise exceed the amount paid by you, if any, for accessing Global Smile?.


LINKS TO THIRD PARTY SITES
Global Smile? may contain links to other websites operated by parties unaffiliated with Global Smile?. These links will let you leave Global Smile? to visit websites not under the control of Global Smile?, and Global Smile? is not responsible for the contents of any linked website or any link contained in a linked website. Global Smile? is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Global Smile? of the linked site.


JURISDICTIONAL ISSUES
Global Smile? makes no representation that materials on Global Smile? are appropriate or available for use in all locations. Those who choose to access Global Smile? do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


TRADEMARK AND COPYRIGHT NOTICES
The Global Smile? and/or all other Global Smile? logos, characters, names and services referred to on Global Smile? are copyrighted or trademarks of Global Smile, Ltd. All rights reserved. All other trademarks and names are the property of their respective owners.


REMEDIES FOR BREACH
In the event that Global Smile? determines, in its sole discretion, that you or a member of your Clinic/ College/ Association/ Company have breached any portion of these terms and conditions, or have otherwise demonstrated inappropriate conduct, Global Smile? reserves the right to (i) warn you and/or your member via e-mail that you have violated this Agreement; (ii) delete any content provided by your member (and/ or anyone using your or your member's access); (iii) suspend your and/or your member's posting or e-mail privileges; (iv) discontinue your account with Global Smile? and/or any other Global Smile? service; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) take any other action that Global Smile? deems to be appropriate.


MISCELLANEOUS
In the event any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Global Smile? may assign its rights and obligations under this Agreement and upon such assignment Global Smile? may be relieved of any further obligation hereunder. You represent to Global Smile? that you have the authority to subscribe to and/or use Global Smile? according to the terms and conditions of this Agreement.


ACCEPTANCE
By using and/or subscribing to the Service, you hereby acknowledge that you have read and understand the foregoing Agreement, as may be amended or modified from time to time according to its terms, and agree to be bound by all of the terms and conditions hereof.