Smile Terms & Conditions

The National Skills Academy for Hospitality operates smilesofbritain.co.uk, which is a content hosting and sharing service that allows Users (as defined in the following paragraph) to store images and share them across the internet. The services offered by  The National Skills Academy for Hospitality include the Site,  content, hosting and sharing on the Site and third party sites, applications and services,  content editors, links to partner providers, printing and other photographic merchandise,  The National Skills Academy for Hospitality applications, and any other features,  content, mobile services,  The National Skills Academy for Hospitality branded URLs or applications offered from time to time by  the National Skills Academy for Hospitality in connection with smilesofbritain.co.uk. 

This Terms of Use Agreement sets out the legally binding terms for your use of the National Skills Academy for Hospitality Services. By using the National Skills Academy for Hospitality Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse or use the Site, including through a mobile device, or otherwise use the National Skills Academy for Hospitality Services without being registered) or you are a "Member" (which means that you have registered with the National Skills Academy for Hospitality). The term "User" refers to a Visitor or a Member. You are only  authorised to access this Site or to use  National Skills Academy for Hospitality Services, including materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Site and discontinue use of the National Skills Academy for Hospitality Services immediately. If you wish to make use of the National Skills Academy for Hospitality Services, read this Agreement and reaffirm your acceptance during the registration process.
This Agreement includes the National Skills Academy for Hospitality's policy for acceptable use of the National Skills Academy for Hospitality Services and content (as defined in Section 6.1 below) posted on or through the National Skills Academy for Hospitality Services and your rights, obligations and restrictions regarding your use of the National Skills Academy for Hospitality Services and content posted on or through the National Skills Academy for Hospitality Services. In order to participate in certain National Skills Academy for Hospitality Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from the National Skills Academy for Hospitality. Unless otherwise provided by the additional terms and conditions applicable to the National Skills Academy for Hospitality Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. 

The National Skills Academy for Hospitality may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by the National Skills Academy for Hospitality on the Site. Your continued use of the National Skills Academy for Hospitality Services after  the National Skills Academy for Hospitality posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. 

Please choose carefully the information you post on or through the National Skills Academy for Hospitality Services and that you make available directly or indirectly to other Users. Your smilesofbritain photograph and any content that you upload to the National Skills Academy for Hospitality may not include any form of Prohibited content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other National Skills Academy for Hospitality Users may, in whole or in part, be unauthorised, impermissible or otherwise violate this Agreement, and the National Skills Academy for Hospitality assumes no responsibility or liability for this material. If you become aware of misuse of the National Skills Academy for Hospitality Services by any person, please email excellence@hospitalityskillsacademy.co.uk referring to the material in question.

The National Skills Academy for Hospitality reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, descriptions, comments and images) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the National Skills Academy for Hospitality Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.  National Skills Academy for Hospitality expressly reserves the right to remove any or all of your images, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the National Skills Academy for Hospitality Services if the National Skills Academy for Hospitality determines, in its sole discretion, that you have violated this Agreement or pose a threat to the National Skills Academy for Hospitality and/or its Users.

1. Eligibility. Use of the National Skills Academy for Hospitality Services and/or registration to be a Member for the National Skills Academy for Hospitality Services ("Membership") is void where prohibited. By using the National Skills Academy for Hospitality Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the National Skills Academy for Hospitality Services does not violate any applicable law or regulation.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the National Skills Academy for Hospitality Services. You may terminate your registration at any time, for any reason, by following the instructions. The National Skills Academy for Hospitality may terminate your registration at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after registration and/or your use of the National Skills Academy for Hospitality Services is terminated, this Agreement will remain in effect in its entirety.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify the National Skills Academy for Hospitality immediately if you suspect any unauthorised use of your registration or access to your password. You are solely responsible for any and all use of your registration access.
4. Use by Users. The National Skills Academy for Hospitality Services are for the personal use of Users and may be used for promotional purposes as well, but direct commercial promotions may only be used if they are specifically endorsed or  authorised by  the National Skills Academy for Hospitality.  The National Skills Academy for Hospitality reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorised use of the National Skills Academy for Hospitality Services, including collecting usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Site, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorised solicitation may be removed from images and/or Member profiles without notice or explanation and may result in termination of registration privileges.  The National Skills Academy for Hospitality reserves the right to take appropriate legal action for any illegal or unauthorised use of the National Skills Academy for Hospitality Services.
5. Proprietary Rights in content on The National Skills Academy for Hospitality.
   • 5.1   National Skills Academy for Hospitality does not claim any ownership rights in the text, files, images, photos,  works of authorship, applications, or any other materials (collectively, " content") that you post on or through the  National Skills Academy for Hospitality Services. By displaying or publishing ("uploading") any  content on or through the  National Skills Academy for Hospitality Services, you hereby grant to the National Skills Academy for Hospitality and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such  content, including without limitation distributing part or all of the Site in any media formats through any media channels, except  content marked "private" will not be distributed outside the  National Skills Academy for Hospitality Services.  National Skills Academy for Hospitality and/or other Users may copy, print or display publicly available  content outside of the National Skills Academy for Hospitality Services, including without limitation, via the Site or third party websites or applications (for example, services allowing Users to order prints of  content or t-shirts and similar items containing  content). After you remove your content from the National Skills Academy for Hospitality Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such  content will terminate. If after we have distributed your  content outside the smilesofbritain.co.uk website you change the  content’s privacy setting to "private," we will cease any further distribution of such "private"  content outside the  National Skills Academy for Hospitality Websites as soon as practicable.
   • 5.2  You represent and warrant that: (i) you own the  content posted by you on or through the  National Skills Academy for Hospitality Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your  content on or through the  National Skills Academy for Hospitality Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your  content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the National Skills Academy for Hospitality Services.
   • 5.3 The National Skills Academy for Hospitality Services contains content of the National Skills Academy for Hospitality.  The National Skills Academy for Hospitality content is protected by copyright, trademark, patent, trade secret and other laws, and the National Skills Academy for Hospitality owns and retains all rights in the National Skills Academy for Hospitality content and the National Skills Academy for Hospitality Services.  The National Skills Academy for Hospitality hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the  National Skills Academy for Hospitality  content (excluding any software code) solely for your personal use in connection with viewing the Site and using the  National Skills Academy for Hospitality Services.
   • 5.4 The National Skills Academy for Hospitality Services contains content of Users and other National Skills Academy for Hospitality licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the National Skills Academy for Hospitality Services.
   • 5.5   National Skills Academy for Hospitality performs technical functions necessary to offer the National Skills Academy for Hospitality Services, including but not limited to reformatting content to allow its use throughout the National Skills Academy for Hospitality Services.
   • 5.6 Although the Site and other National Skills Academy for Hospitality Services are normally available, there will be occasions when the Site or other National Skills Academy for Hospitality Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of the National Skills Academy for Hospitality. Also, although the National Skills Academy for Hospitality will normally only delete  content that violates this Agreement,  the National Skills Academy for Hospitality reserves the right to delete any  content for any reason, without prior notice. Deleted content may be stored by the National Skills Academy for Hospitality in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, the National Skills Academy for Hospitality encourages you to maintain your own backup of your content. In other words, the National Skills Academy for Hospitality is not a backup service.  National Skills Academy for Hospitality will not be liable to you for any modification, suspension, or discontinuation of the National Skills Academy for Hospitality Services, or the loss of any content.
6. Content uploaded.
   • 6.1 The National Skills Academy for Hospitality may reject, refuse to post or delete any content for any or no reason, including content that in the sole judgment of the National Skills Academy for Hospitality violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.  The National Skills Academy for Hospitality assumes no responsibility for monitoring the National Skills Academy for Hospitality Services for inappropriate content or conduct. However, on both free and PRO accounts, and regardless of whether the content is public or private, the National Skills Academy for Hospitality may choose to monitor such content at any time, in its sole discretion. If at any time the National Skills Academy for Hospitality chooses to monitor the National Skills Academy for Hospitality Services, the National Skills Academy for Hospitality nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
   • 6.2 You are solely responsible for the content that you post on or through any of the National Skills Academy for Hospitality Services, and any material or information that you transmit to other Users and for your interactions with other Users.
7. Content/Activity Prohibited. You must use the National Skills Academy for Hospitality Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of content that is illegal or prohibited to post on or through the National Skills Academy for Hospitality Services.  National Skills Academy for Hospitality reserves the right to investigate and take appropriate legal action against anyone who, in the National Skills Academy for Hospitality's sole discretion, violates this provision, including without limitation, removing the offending content from the National Skills Academy for Hospitality Services and terminating the Membership of such violators. Prohibited  content includes, but is not limited to,  content that, in the sole discretion of the National Skills Academy for Hospitality:
   • 7.1  is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   • 7.2  harasses or advocates harassment of another person;
   • 7.3  exploits people in a sexual or violent manner;
   • 7.4  contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
   • 7.5  solicits personal information from anyone under 18;
   • 7.6  publicly posts information that poses or creates a privacy or security risk to any person;
   • 7.7  constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
   • 7.8  constitutes or promotes an illegal or  unauthorised copy of another person’s copyrighted work;
   • 7.9  involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging and  "spamming";
   • 7.10  contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
   • 7.11  furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   • 7.12  solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
   • 7.13  involves commercial activities and/or sales without prior written consent from  the National Skills Academy for Hospitality such as contests, sweepstakes, barter, advertising, or pyramid schemes;
   • 7.14 includes a photograph of another person or group that you have posted without that person's or groups consent.
   • 7.15  violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person or group.
   • The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the National Skills Academy for Hospitality Services. The National Skills Academy for Hospitality reserves the right to investigate and take appropriate legal action against anyone who, in the National Skills Academy for Hospitality's sole opinion, violates this provision, including without limitation, reporting you to the legal authorities. Prohibited activity includes, but is not limited to:
   • 7.16  criminal or tortuous activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid schemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
   • 7.17 advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorised or impermissible use of the National Skills Academy for Hospitality Services. You may not transmit any chain letters or junk email to other Users.
   • 7.18  circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the  National Skills Academy for Hospitality Services
   • 7.19  Forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or  the National Skills Academy for Hospitality Services to send altered, deceptive, or false source-identifying information;
   • 7.20  activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the  unauthorised use of or access to a computer or a computer network;
   • 7.21  interfering with the access of any User, host or network to the Site;
   • 7.22  covering or obscuring the banner advertisements on your personal profile page, or any  National Skills Academy for Hospitality page via HTML/CSS or any other means;
   • 7.23  including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the  content which is unrelated to the immediate aesthetic nature of the  content;
   • 7.24  any automated use of the system, such as, but not limited to, using scripts to send images.
   • 7.25  interfering with, disrupting, or creating an undue burden on the  National Skills Academy for Hospitality Services or the networks or services connected to the  National Skills Academy for Hospitality Services;
   • 7.26  impersonating or attempting to impersonate another User, person or entity;
   • 7.27  using the registration, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
   • 7.28  selling or otherwise transferring your profile;
   • 7.29  using any information obtained from the National Skills Academy for Hospitality Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
   • 7.30  displaying an  unauthorised commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the  unauthorised or impermissible use of the  National Skills Academy for Hospitality Services on behalf of that person or
   • 7.31  deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any  content except your own  content;
   • 7.32  using any meta tags or other hidden text or metadata utilizing a  National Skills Academy for Hospitality name, trademark, URL or product name without  National Skills Academy for Hospitality's express written consent;
   • 7.33  attempting to probe, scan or test the vulnerability of any  National Skills Academy for Hospitality Service or breach any security or authentication measures;
   • 7.34  collecting or store personal data about other users without their express permission;
   • 7.35  impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; or
   • 7.36  using the  National Skills Academy for Hospitality Services in a manner inconsistent with any and all applicable laws and regulations.
8. Disclaimers.  National Skills Academy for Hospitality is not responsible for and makes no warranties, express or implied, as to the  content or the accuracy and reliability of the  content posted on or through the  National Skills Academy for Hospitality Services, whether caused by Users of the  National Skills Academy for Hospitality Services or by any of the equipment or programming associated with or utilized in the  National Skills Academy for Hospitality Services and such  content does not necessarily reflect the opinions or policies of  the National Skills Academy for Hospitality. Profiles and third-party applications created and posted by Users on the Site may contain links to other websites.  National Skills Academy for Hospitality is not responsible for the content; accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by the National Skills Academy for Hospitality. Inclusion of any linked website on the National Skills Academy for Hospitality Services does not imply approval or endorsement of the linked website by the National Skills Academy for Hospitality. When you access these third-party sites, you do so at your own risk.  National Skills Academy for Hospitality takes no responsibility for third-party advertisements or third-party applications or services that are posted on or through the National Skills Academy for Hospitality Services, nor does it take any responsibility for the goods or services provided by its advertisers or third party websites or applications.  The National Skills Academy for Hospitality is not responsible for the conduct, whether online or offline, of any User of the National Skills Academy for Hospitality Services.  The National Skills Academy for Hospitality assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or  unauthorised access to, or alteration of, any User communication.  The National Skills Academy for Hospitality is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the  National Skills Academy for Hospitality Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the  National Skills Academy for Hospitality Services. Under no circumstances shall the National Skills Academy for Hospitality be responsible for any loss or damage, including personal injury or death, resulting from use of the National Skills Academy for Hospitality Services, from any content posted on or through the National Skills Academy for Hospitality Services, or from the conduct of any Users of the National Skills Academy for Hospitality Services, whether online or offline. The National Skills Academy for Hospitality Services are provided "AS-IS" and as available and the National Skills Academy for Hospitality expressly disclaims any warranty of fitness for a particular purpose or non-infringement.  National Skills Academy for Hospitality cannot guarantee and does not promise any specific results from use of the National Skills Academy for Hospitality Services.
9. Limitation on Liability. In no event shall the national skills academy for hospitality be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the national skills academy for hospitality services, even if the national skills academy for hospitality has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the national skills academy for hospitality's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the national skills academy for hospitality for the national skills academy for hospitality services during the term of membership.
10. Indemnity. You agree to indemnify and hold  National Skills Academy for Hospitality, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the National Skills Academy for Hospitality Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any  content that you post on or through the National Skills Academy for Hospitality Services causes  the National Skills Academy for Hospitality to be liable to another.
11. Protecting Copyrights and Other Intellectual Property. The National Skills Academy for Hospitality respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  The National Skills Academy for Hospitality has the right to terminate the Membership of infringers. If the uploaded photograph / image on this website does infringe intellectual property rights or an individual claims they have not given consent to their image appearing on the website a mechanism for their removal can be accessed via excellence@hospitalityskillsacademy.co.uk.
12. Points of Clarification. By agreement of these terms the individual who uploads a photograph / image onto this site confirms they have all the intellectual property rights in that photograph / image and that the subject(s) of the photograph / image consent to its use on the website in the way the website intends to use it. In the case of photographs / images of minors the individual who uploads the photograph / image must have the consent of the minor’s legal guardian(s) to the use on the website in the way the website intends to use it. Confirmation of intellectual property rights belonging to the individual unloading the photograph / image remains as above. By agreement to these terms the individual who uploads a photograph / image onto this site indemnifies the National Skills Academy for Hospitality against any costs that may arise as a result of that photograph / image infringing any intellectual property rights or rights the subject of the photograph may have.
13. Ambassador for 2010. By agreement to these terms the individual who has uploaded the photograph / image has gained consent from the subject(s), or the subjects’ legal guardian, of the photograph / image to its consideration for the photographs / image’s selection and use as the Ambassador of Smiles for the appropriate year be it 2010, 2011 or 2012.
14. Other. This Agreement is accepted upon your use of the Site or any of the National Skills Academy for Hospitality Services and is further confirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and the National Skills Academy for Hospitality regarding the use of the National Skills Academy for Hospitality Services. The failure of the National Skills Academy for Hospitality to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.