 |
Copyright 2007, Face Parlour, Inc. All Rights Reserved.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The faceparlour.com Web Site (the “Web Site” or “FaceParlour.com”) is provided by Face Parlour, Inc. (“Face Parlour”) and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by Face Parlour. By using this site, you are deemed to have agreed to these Terms and Conditions. Face Parlour may change the Terms and Conditions from time to time and at any time. Upon any change in these Terms and Conditions, Face Parlour will post the amended agreement of the Web site and will send you an email notifying you of the nature of the modifications and a link to the modified document on the Web Site so that you may review it. Your continued use of the Web Site and/or the Services following receipt of such notification shall constitute your affirmative acknowledgement of the Terms and Conditions and its modification and agreement to abide and be bound by the Terms and Conditions, as amended. If at any time you choose not to accept these Terms and Conditions, including following receipt of notification of any modifications hereto, then please do not use the Web Site.
User conduct
This Web Site and any communications services, including the capability to contribute material through the contribution form (each such submission, a “Contribution”) or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for your personal entertainment purposes and not for commercial use. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, Contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Face Parlour reserves the right to terminate your subscription and refuse any and all current or future use of the Service.
Without limitation of the foregoing, you agree to not use the Web Site or Services to:
- Contribute or otherwise transmit to Face Parlour any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- Contribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Face Parlour official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Web Site;
- Contribute or otherwise transmit to Face Parlour any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Contribute or otherwise transmit to Face Parlour any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Contribute, upload or otherwise transmit to Face Parlour any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Use automated means, including spiders, robots, crawlers, data mining tools or the like to download, retrieve or index any data from the Web Site or the Services, unless expressly permitted by Face Parlour;
- Except as expressly permitted under these Terms and Conditions, modify, adapt, translate or reverse engineer any portion of the Web Site and/or Service;
- Reformat or frame any portion of the web pages that are part of the Web Site and/or Services.
- Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or telecommunications.
You acknowledge that Face Parlour is not responsible for material submitted to Face Parlour You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of any Contribution or part thereof, or other communication to Face Parlour. You agree to immediately notify Face Parlour of any unauthorized use of the Service or any other breach of security known or suspected by you.
You understand that the technical processing and transmission of the Web Site, including your Contributions and any other content you transmit or provide to Face Parlour, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Face Parlour assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other users to FaceParlour.com.
Any and all content on the Web Site may be purged periodically in Face Parlour’s sole discretion. You acknowledge and agree that content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Face Parlour or submitted to Face Parlour. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of Face Parlour, and Face Parlour does not support or endorse any specific content (including any Contribution, whether or not edited by Face Parlour or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any user.
Restriction on use of material
The content on this Web Site is intended for personal entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not charge or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web Site.
Unsolicited materials
In operating this site, Face Parlour does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or Face Parlour mail and e-mail addresses or in any other way. Any information or material submitted or sent to Face Parlour will be deemed not to be confidential or secret. By submitting or sending information or other material to Face Parlour you represent and warrant that the information is original to you and that no other party has any rights to the material.
User’s grant of limited license
By communicating with Face Parlour, including submitting a Contribution or other information or material to FaceParlour.com, you grant Face Parlour the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable and transferable right and license to use, reproduce, modify, perform and display such Contribution, information or material (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in a Contribution, and to incorporate it in other works in any form, media, or technology now known or later developed. For the avoidance of doubt, such license includes the right to incorporate a Contribution, in whole or in part, into a Face Parlour feature. You also warrant that any “moral rights” in contributed materials have been waived.
Linked sites
You may be able to link to third parties’ web sites (or “Linked Sites”) from the Web Site. However Linked Sites are not reviewed, controlled, or examined by Face Parlour in any way and Face Parlour is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Face Parlour’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Face Parlour be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Face Parlour reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to FaceParlour.com. To seek our permission, you may write to the Face Parlour. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
Contests, promotions, simulations or games
From time to time, Face Parlour may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, “Games”). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Face Parlour. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from the Game, unless the description of the Game expressly invites a user to register multiple times. Face Parlour, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release Face Parlour and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Web Site. Face Parlour is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. Face Parlour is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with the Game.
Face Parlour reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.
Intellectual property rights
All materials contained in this Web Site are the copyrighted property of Face Parlour and its affiliates or licensors. As between Face Parlour and you, Face Parlour is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks and trade secrets, and all other intellectual property rights and industrial property rights related thereto or embodied therein. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
Parental permission
This Web Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. FaceParlour.com may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content and Face Parlour may limit access to certain content to users above a specified age. You agree to abide by any such restrictions and not to help anyone avoid these restrictions.
Editorial content
The editorial content including, but not limited to, the ratings and reviews of products and services, published on this Web Site are strictly the opinion of Face Parlour’s own editorial staff. Items which appear on the Web Site are selected, rated and/or reviewed by our editors. No one can pay to be rated or reviewed or to expedite a rating or review on Face Parlour, as that would destroy our legitimacy and integrity.
Face Parlour makes no warranties or claims of any kind about the products or services referenced on the Web Site, corresponding newsletters and blog postings. Products and service performance is the sole responsibility of the manufacturers and companies providing said products and services. Additionally, by submitting a rating and review request to Face Parlour, you are not entitled to any financial remuneration, and the submission becomes the sole property of Face Parlour, Inc.
Paid advertising opportunities on the Web Site are available but are always labeled as such. Advertisers are featured in areas on the Web Site, blog and newsletter and are clearly marked “sponsor”. We would like to reiterate that we do not accept any form of payment to rate, review or expedite a rating or review of a product or service.
Privacy policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy, the terms of which are incorporated herein by reference. Face Parlour reserves the right to modify its privacy policy in accordance with the same modification procedures set out in these Terms and Conditions.
Disclaimer of warranties
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, FACE PARLOUR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of liability
IN NO EVENT WILL FACE PARLOUR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF FACE PARLOUR OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE; OR (iii) FOR ANY DAMAGES IN EXCESS OF THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICES OR WEB SITE OR (B) $100. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FACE PARLOUR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by Face Parlour, you agree to defend, indemnify and hold Face Parlour, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Web Site or Services, or the posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Face Parlour reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Face Parlour in asserting any available defense.
Applicable laws/jurisdiction
You agree that the laws of the State of California, excluding its conflict-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Face Parlour or relating in any way to your use of the Web Site resides in the state and federal courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving Face Parlour or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in California. We do not represent that materials on the site are appropriate or available for use outside of the state of California. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Please email us at info@faceparlour.com with any inquiries concerning these Terms and Conditions.
Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Face Parlour may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Term and Termination
These Terms and Conditions will remain in full force and effect for so long as you use the Services or the Web Site, unless earlier terminated by Face Parlour. You agree that Face Parlour may terminate the Services, delete or deactivate your account, block your IP address or otherwise terminate your access to or use of the Services and/or the Web Site at any time, in its sole discretion, and that Face Parlour shall not be liable to you or any third party for any termination of your access to the Services or the Web Site. Further, you agree not to attempt to use the Services or the Web Site after any such deletion, deactivation or termination.
All terms and conditions contained herein which by their nature would typically survive termination of these Terms and Conditions shall remain in full force and effect notwithstanding such termination.
If you have any questions about this policy or our site in general, please email us at info@faceparlour.com.
Last updated on September 25, 2007.
|
|
