PLEASE READ THESE TERMS OF SERVICE AND THE RELATED PRIVACY POLICY CAREFULLY BEFORE USING THESE SERVICES. BY USING THESE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE.
The following Terms of Service apply to your use of all My Face in a Book websites, mobile applications, and other products and services owned, controlled, operated, or hosted (whether now or in the future) by Spiridellis Bros. Inc. and/or its corporate affiliates, including but not limited to the My Face in a Book application, and all related services, tools, software, and functionalities (collectively the “MFIAB Services”).
IMPORTANT NOTE: THE FOLLOWING TERMS OF SERVICE CONTAIN PROVISIONS THAT REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION. PLEASE SEE SECTION 24 (Binding Arbitration And Class Action Waiver) OF THE FOLLOWING TERMS OF SERVICE FOR DETAILS.
Last Updated: February 8, 2020
Welcome to My Face in a Book!
Spiridellis Bros. Inc. ("SB", "we", or “us”) is a California corporation that: creates, produces, and distributes entertainment products, including but not limited to the MFIAB Services.
These Terms of Service set forth certain terms and conditions of the legal contract between you and SB with respect to your use of the MFIAB Services, whether you are an unregistered visitor ("Visitor") or a parent or guardian with a free account (“Free Account Holder”) or paid customer (“Customer” and collectively with Free Account Holder, a “Parent/Guardian”). By using, visiting, or browsing any of the MFIAB Services, you agree to be bound by these Terms of Service, as well as our Privacy Policy and Legal Notices. These Terms of Service also govern your purchase of goods and services (including, without limitation, your purchase of subscriptions) through any of the MFIAB Services. If you do not agree to these Terms of Service, please do not use any of the MFIAB Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND AN ARBITRATION CLAUSE IN SECTION 25 THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. CERTAIN DEFINITIONS:
As used herein, the following capitalized terms shall have the meanings set forth as follows:
"Content" means and includes, without limitation, photos, images, artwork, graphics, videos, audios, animations, text, editorials, comments, writings, personal information, music, liner notes, lyrics, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog, or otherwise.
"Collaborative Content" means any customized Content that results from users incorporating User Materials into MFIAB Content (as defined below) as the functionality of the MFIAB Services may allow and enable from time to time.
"MFIAB Content" means any and all Content (excluding User Materials) made available through the MFIAB Services, including Content owned or controlled by SB and/or its corporate affiliates.
"Trademarks" means any and all marks, brands, logos, designs, character names, location names, slogans, catch words and phrases, business names, trade names, trade dress, packaging designs, label designs, webpage layouts, look and feel, and other indicia of source, origin, or identification, owned or controlled by SB and/or its corporate affiliates. Any and all Trademarks owned or controlled by SB and/or its corporate affiliates, including, without limitation, the SB name and logos and characters, and the layout and design of the websites and mobile applications, are referred to hereinafter as "SB Trademarks."
"User Materials" means Content which Parent/Guardians upload, submit, record, stream, distribute, or otherwise make available through the MFIAB Services, but excluding any and all MFIAB Content.
2. TERM/FEES:
These Terms of Service shall remain in full force and effect for as long as you use any of the MFIAB Services, whether as a Visitor or Parent/Guardian (the “Term”). You may terminate your account or subscription at any time and for any reason. We may terminate your account or subscription at any time and for any reason, effective immediately upon sending notice to you at the email address you provided during the account set-up process, or such other email address as you may subsequently provide to us. If we terminate your account or subscription to the MFIAB Services due to a breach of these Terms of Service, you shall not be entitled to the refund of any unused portion of subscription fees (if any). Even after your account and/or subscription is terminated, these Terms of Service will remain in full force and effect, provided, however, that the User Materials uploaded by you may no longer be accessible through the MFIAB Services once your account has been terminated.
By using the MFIAB Services and/or by becoming a Customer, you acknowledge that we reserve the right to charge a payment for the MFIAB Services and the right to terminate your account or subscription should you breach these Terms of Service or fail to pay for the MFIAB Services, as required by these Terms of Service. Please keep in mind that our products, subscriptions, and prices may change from time to time.
3. PREMIUM FEATURES/SUBSCRIPTIONS
You must be a Customer to access certain goods, services, and content offered through the MFIAB Services (“Premium Features”). We may offer different subscription plans across different platforms, and some subscription plans may include special promotional pricing with differing conditions and limitations. With respect to any Premium Features, you acknowledge and agree that, by making such features accessible to Customers in general, we will have fully satisfied its obligation to deliver or otherwise provide such features to you, regardless of your failure or inability to use such features.
3.1 PURCHASING PREMIUM FEATURES/SUBSCRIPTIONS
If you decide to pay for Premium Features, we will charge you the applicable fee for the applicable Premium Feature using your selected payment method at the time of purchase. If we alter the price or makes other changes to a Premium Feature or subscription with a recurring payment, you will be notified in advance about the changes. It is important to keep in mind that if you signed up for a product during a promotional period, the promotional price may only be active for a certain period of time, based on our sole discretion.
3.2 SUBSCRIPTION RENEWALS
As a Customer, your subscription may renew either annually or monthly, depending on your applicable subscription plan. For example, if you start your annual subscription on March 15th, you will be billed on March 15th the following year. If you start your monthly subscription on March 15th, you will be billed on April15th the following month. For some MFIAB Services, your subscription will automatically be renewed at the end of the subscription term unless you turn off the auto-renew feature or cancel your subscription prior to the expiration date of your then-existing subscription. To cancel your subscription auto-renewal, please go to the “Account” section of the MFIAB Services where you have a subscription or to the applicable third-party interface if you purchased a subscription through a third party. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, IN WHOLE OR IN PART, FOR PARTIALLY USED PERIODS. Following any cancellation, your access to the Premium Features will continue only for the remainder of your applicable subscription term.
3.3 CANCELLATION
You may cancel your subscription at any time. However, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, IN WHOLE OR IN PART, FOR PARTIALLY USED PERIODS. Following any cancellation, your access to the Premium Features will continue only for the remainder of your applicable subscription term. At our sole discretion, we may provide a discount or other accommodation to some or all of our Customers at any time and for any reason. Our offering of a discount or other accommodation in one instance does not entitle you to, or obligate us to provide, the same treatment in the future for similar instances.
If you pay for a subscription through a third-party service (such as through the iTunes App Store, for example), you may need to access your account through that applicable third-party interface to cancel your subscription to or turn off auto-renew for the MFIAB Services. The billing information related to your subscription may also be accessible via your account with the applicable third party.
3.4 TRIAL PERIODS
We know that sometimes you’d like a little time to try out the MFIAB Services before wanting to fully commit. To allow customers an opportunity to “sample” our products and services, occasionally we offer trial periods during which you will have the ability to cancel your subscription within a stated period of time and receive a full refund (e.g., a 30-day satisfaction guarantee). If you do not cancel during the trial period, your trial subscription will automatically be converted to a non-trial subscription upon expiration of the trial period. If you cancel after the trial period has ended, NO REFUND will be given, whether in whole or in part, and your access to the Premium Features will continue only for the remainder of the subscription term. To cancel your subscription during the trial period, please go to the “Account” section of the MFIAB Services where you have a subscription or to the applicable third-party interface if you purchased a subscription through a third party.
3.5 SB’S RIGHT TO TERMINATE
We hope that it never reaches this point, but if necessary, we reserve the right to terminate your account and/or subscription at any time for any breach or violation by you of our Terms of Service. In the event of such termination, you will not be entitled to any refund of any unused portion of the subscription fee previously paid by you.
3.6. A LA CARTE PURCHASES
No subscription is necessary to purchase certain offered on a pay-per-download basis through the MFIAB Services. For purchases of a la carte materials or pay-per-download material, we will bill you on an order-by-order basis, i.e., we will charge the purchase amount to your specified payment method when you click submit on the order or download page.
3.7 PAY-PER-DOWNLOAD MATERIAL
With respect to any a la carte virtual good or pay-per-download material that you purchase through the MFIAB Services, you acknowledge and agree that, upon making such material available to you (or to your intended authorized recipients) for download, we will have fully satisfied our obligation to deliver or otherwise provide such material, regardless of your or your recipients’ failure or inability to view, play, use, or store such material. All purchases of a la carte virtual goods and pay-per-download material through the MFIAB Services are final, non-cancelable, and non-refundable, and no such material is returnable or exchangeable (except as expressly otherwise provided in these Terms of Service or as otherwise determined by us in our sole discretion). For the avoidance of doubt, a la carte virtual goods and pay-per-download material is provided for your personal, non-commercial use only and remains the exclusive property of SB.
3.8 PURCHASE QUALIFICATIONS; ACCOUNT SECURITY
To purchase a subscription to the MFIAB Services, you must comply with these Terms of Service. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. SB sells its products and services only to those who can legally make purchases with a credit card/debit card. If you are under 18 years of age, you may not make purchases through the MFIAB Services. We reserve the right to refuse or cancel any customer order or terminate any customer account with us at any time in our sole discretion (except as prohibited by law).
3.9 PAYMENT METHOD AND TERMS
By submitting an order through the MFIAB Services, you authorize SB, or its designated payment processor, to charge the purchase amount (and in the event of a subscription renewal, you authorize SB, or its designated payment processor, to automatically charge the renewal amount) to the credit card/debit card account you specified. No purchase will become effective unless and until your payment has been accepted and processed.
SB also accepts payment through various third-party services (such as iTunes). In those cases, the terms of sale applicable to those third-party services will govern the processing of your payment.
SB reserves the right to report, investigate, and prosecute to the fullest extent required or permitted under applicable law, any fraudulent, unauthorized, or otherwise unlawful use of any credit card or debit card by any person through the MFIAB Services.
3.10 TAXES
You are responsible for any and all applicable sales, use, and other taxes, duties, and governmental fees and charges payable in connection with your purchase made through the MFIAB Services. If you do not pay such taxes or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and SB reserves the right to collect or withhold such taxes or fees from you at any time.
3.11 PRODUCT AND SERVICE AVAILABILITY; ERRORS
SB may revise, discontinue, or modify products or services offered through the MFIAB Services, at any time without prior notice to you. If a product or service offered to you is or becomes unavailable, SB may decline or cancel your order (and issue you a refund if you have paid for the order), with no further liability or obligation to you. If a product or service offered to you is or becomes unavailable, SB may, in its sole discretion, offer to substitute your order with another product or service of equal or greater value and will make such substitution only with your written or recorded consent.
While we strive to eliminate errors on the MFIAB Services, we do not warrant that all products, services, information, and content offered through the MFIAB Services will be accurate, complete, reliable, current, or error-free. Unless expressly otherwise noted, all products, services, information, and content offered through the MFIAB Services are provided “as is” without warranty of any kind. In the event of an error by SB in processing or delivering your order, SB may, at its election: (i) correct such error and revise your order accordingly if necessary (including charging the correct price and billing you for any undercharged amount or refunding to you any overcharged amount, as the case may be); or (ii) cancel your order affected by the error and issue a refund of the purchase amount actually paid by you for such order. By placing an order through the MFIAB Services, you acknowledge and agree that, in the event of an error by SB in processing or delivering your order, your sole remedy is to cancel your order for a refund of the purchase amount actually paid by you, all subject to SB’ cancellation, return, and refund policies set forth in these Terms of Service.
4. ELIGIBILITY; LIMITED USER LICENSE FOR SB CONTENT:
Use of the MFIAB Services is void where prohibited by law. By signing up as a Parent/Guardian through the MFIAB Services, you represent and warrant that: (i) all registration information submitted directly by you is truthful and accurate and you agree to maintain the accuracy of such information; (ii) you are at least 18 years of age; (iii) your use of the MFIAB Services does not violate any applicable law or regulation; and (iv) you will ensure that any child authorized by you to use and access the MFIAB Services does so in accordance with these Terms of Service. Your account information and data may be deleted without warning if it is discovered that you have misrepresented your age or any other account and/or subscription data. We may, in our sole discretion, refuse to offer the MFIAB Services to any user or entity that does not meet our eligibility criteria and we retain the right to change such eligibility criteria at any time.
Subject to your strict compliance with these Terms of Service and except as otherwise expressly permitted by these Terms of Service or by SB, SB grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to download, view, and/or play MFIAB Content (excluding source and object code) for your personal, non-commercial use only, PROVIDED that: (i) you maintain all copyright and other proprietary notices contained in the MFIAB Content or any copy you may make of the MFIAB Content; (ii) you do not use the MFIAB Content in a manner that suggests an association with SB or any of its products, services, or brands; (iii) you do not modify the MFIAB Content; (iv) you do not allow or aid or abet any third party (whether or not for your benefit) (a) to copy or adapt the object code of any of the MFIAB Services or (b) reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code associated with any of the MFIAB Services or other products or processes accessible through the MFIAB Services; and (v) you do not insert any code or product to manipulate the MFIAB Content in any way that affects any user’s experience. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy, or distribute the MFIAB Content (except as may be a result of standard search engine or internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the MFIAB Content in any way for any public or commercial purpose except as expressly permitted by these Terms of Service or by SB.
5. USER CONDUCT:
We’re happy to provide our services to you, but you need to do your part as well. All MFIAB Content and MFIAB Services are solely for your personal use, and corporate or commercial use is expressly prohibited. You are solely responsible for all User Materials posted or distributed by you or through your account with SB, including any email messages, and for all your interactions with other users. Your commitment to this agreement is extremely important.
We want all our users to feel safe while using our services and we ask that you act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (i) violate any applicable law or regulation; (ii) submit or upload any materials that conflict with any of your representations and warranties set forth in Section 15 of these Terms of Service; (iii) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity, and/or contractual rights; (iv) use any content or information available through the MFIAB Services for any unauthorized purpose; (v) mislead users as to the features, functionality, origin, or capabilities of the MFIAB Services; (vi) interfere with or damage any of the MFIAB Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology; (vii) use any of the MFIAB Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information, or account numbers, or any defamatory materials of any kind, except where you have obtained express permission from such other person or entity in connection with any of the foregoing; (viii) use any of the MFIAB Services in connection with the distribution of unsolicited commercial e-mail (“Spam”) or advertisements; (ix) “stalk” or harass any other user of the MFIAB Services; (x) collect or store any information about any other user other than in the course of the permitted use of the MFIAB Services; (xi) use any of the MFIAB Services for any commercial purpose whatsoever (including, without limitation, to research, advertise, market, promote, sell, or otherwise exploit any product or service); (xii) sell or otherwise transfer any user information (e.g., user profiles) or other user’s User Materials); or (xii) assist any third party in doing any of the foregoing.
If SB determines, in its sole discretion, that you are in violation of any of the foregoing and/or are a repeat infringer of third-party intellectual property rights, SB will terminate your account and/or subscription, as the case may be, and prohibit you from creating new accounts through the MFIAB Services. You are solely responsible for any interactions with other users of the MFIAB Services. SB takes no responsibility for any damage or harm resulting from your interactions with other users of the MFIAB Services. SB reserves the right, but shall have no obligation, to monitor interactions between you and other users of the MFIAB Services and take any action in good faith to restrict access to or the availability of any material that SB or another user of the MFIAB Services may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Your SB account may NOT include any photographs that contain nudity, violence, or offensive subject matter, as determined in SB’ sole discretion. Information provided by other users of the MFIAB Services may contain inaccurate, inappropriate, and/or offensive material, and SB assumes no responsibility or liability for this material.
6. PRIVACY:
Your privacy is extremely important to us. The MFIAB Services allow, among other things, Parent/Guardians to upload User Materials which may contain personal content (e.g., photographs and information about individuals for whom they have the authority or permission to post photos and information) to be viewed in a home setting. Accordingly, by submitting personal content through any of the MFIAB Services, you hereby waive any and all privacy expectations (including the privacy expectations of any other individual who appears in the submitted content) with respect to our use of such content. If you do not wish to have personal content viewable by others, you should not use the MFIAB Services.
The MFIAB Services are designed for joint participation by Parent/Guardians and their children. Children should only access and use the MFIAB Services with the participation and supervision of their parents. Only Parent/Guardians are allowed to create accounts and profiles and post personal content on such sites and services, and SB does not knowingly collect personal information directly from children on such sites and services.
Please view our Privacy Policy for details concerning our data practices.
7. OWNERSHIP:
You retain all right, title, and interest in and to the User Materials uploaded by you hereunder (including, without limitation, the copyrights therein and thereto), subject to the non-exclusive rights granted to SB under these Terms of Service. You are free to grant similar rights to others during and after the Term.
You acknowledge and agree that, as between SB and you, SB is, and shall at all times remain, the sole and exclusive owner(s) of all right, title, and interest (including, without limitation, copyright) in and to the MFIAB Services, all Trademarks, and all MFIAB Content, and that your right to use the MFIAB Services, Trademarks, and MFIAB Content, as set forth herein, shall be for personal, non-commercial use only and shall not in any way transfer or convey any ownership rights or other proprietary interests therein to you.
8. LICENSE FOR USER MATERIALS:
Unless otherwise expressly stated in these Terms of Service or otherwise agreed between you and SB in a writing signed by both parties, during the Term you hereby grant to SB a worldwide, royalty-free, sublicensable, transferable, assignable, non-exclusive license to to prepare and encode your User Materials into Collaborative Content
You hereby agree not to assert any right, title, or interest in any and all Trademarks and MFIAB Content with which your User Materials may be combined or into which all or any portion of your User Materials may be incorporated. You acknowledge and agree that all right, title, and interest (including, without limitation, copyright, trademark, and other intellectual property rights) in and to any and all Trademarks and MFIAB Content shall remain the sole and exclusive property of SB. For the avoidance of doubt, with respect to any and all Collaborative Content, you acknowledge and agree that your rights therein and thereto shall be expressly limited to your User Materials contained in such Collaborative Content and shall in no event extend to any MFIAB Content or any Trademarks contained or embodied therein.
9. LICENSE FOR USE OF NAME AND LIKENESS:
Unless otherwise expressly stated in these Terms of Service or otherwise agreed between you and SB in a writing signed by both parties, you hereby grant to SB a worldwide, royalty-free, sublicensable, transferable, assignable, non-exclusive license to use (a) your name(s), photograph(s), likeness(es), voice(s), performance(s), and biographical materials (to the extent contained or embodied in your User Materials) and (b) any other individual’s name(s), photograph(s), likeness(es), voice(s), performance(s), and biographical materials, where such other individual appears in your User Materials, in order to create Collaborative Content, during the Term.
You also agree not to assert any privacy, publicity, moral, or similar rights held by you (and to the extent any other person(s) whose name(s), photograph(s), likeness(es), voice(s), performance(s), and/or biographical materials are embodied in your User Materials, you represent and warrant that you have obtained all necessary consents from such third parties consistent with the full scope of rights granted to SB pursuant to these Terms of Service, and you agree that such persons shall not assert any intellectual property, privacy, publicity, contractual, moral, or similar rights, or make any claims that your User Materials are objectionable or otherwise defamatory) under the laws of the United States and any other country in connection with the exploitation of such User Materials as described hereunder.
10. THIRD-PARTY CONTENT & SITES:
The MFIAB Services may contain Content of third parties (collectively “Third-party Content”), as well as links to third-party web sites (“Third-party Sites”). SB does not control Third-party Content and Third-party Sites and makes no representations or warranties about them. You understand that by using the MFIAB Services, you may be exposed to Third-party Content or Third-party Sites that are false, offensive, indecent, or otherwise objectionable. Under no circumstances will SB be liable in any way for any Third-party Content or Third-party Sites, including, without limitation, any errors or omissions in any Third-party Content or Third-party Sites or any loss or damage of any kind incurred as a result of the use of any Third-party Content or Third-party Sites. You agree to bear all risks associated with using or relying upon Third-party Content or Third-party Sites, including without limitation, profiles of other users.
YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH ANY THIRD PARTY ON OR THROUGH ANY OF THE MFIAB SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. YOU AGREE TO REVIEW AND EVALUATE ALL POLICIES, RULES, TERMS, AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT, AND BEAR ALL RISKS ASSOCIATED WITH, THIRD-PARTY CONTENT AND THIRD-PARTY SITES.
11. PROPRIETARY RIGHTS:
You acknowledge and agree that all MFIAB Services, Trademarks, and MFIAB Content are the property of SB and are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by SB, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, any Trademark or MFIAB Content, or otherwise use any Trademark or MFIAB Content in any way. You also agree not to retrieve data or other content or any materials from the MFIAB Services to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots,” or otherwise. You further agree not to use any Trademark or MFIAB Content as metatags on other web sites. Moreover, you agree not to display any of the MFIAB Services in a frame (or any of our content via in-line links) without our express written permission.
12. LINKING POLICY:
Because we want you to share all the fun Content available through the MFIAB Services, you may link from your own website to one or more MFIAB Services, PROVIDED, however that you: (i) must NOT frame or create a browser or border environment around any of the Content on the linked MFIAB Services or otherwise mirror any part of the linked MFIAB Services; (ii) must NOT imply that SB or the linked MFIAB Services are endorsing or sponsoring you, your site, or any of your products or services, unless expressly authorized in writing by SB; (iii) must NOT present false information about or disparage, tarnish, or otherwise, in SB’ sole opinion, harm SB and/or in any way; (iv) must NOT use any SB Trademarks without the prior written permission of SB; and (v) must NOT contain Content that is determined by SB (at its sole discretion) to be distasteful, offensive, controversial, or otherwise objectionable. By linking to any of the MFIAB Services, you agree to be bound by and comply with all the above linking restrictions and requirements.
Notwithstanding anything to the contrary contained in these Terms of Service, SB reserves the right to prohibit and deny linking to any of the MFIAB Services for any reason in its sole and absolute discretion, even if the linking complies with all of the restrictions and requirements described above.
13. USERNAME AND PASSWORD:
Parent/Guardians are solely and fully responsible for all activities that occur under your account. You agree to (a) immediately notify SB of any unauthorized use of your account or any other breach of security and (b) log off from your account at the end of each session. SB cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 13.
14. REPRESENTATIONS AND WARRANTIES:
You represent and warrant that:
1. you have the full right and power to enter into and perform these Terms of Service and to grant SB all rights to use your User Materials (including individuals’ names, likenesses, voices, and other elements of identity embodied therein) as contemplated in these Terms of Service, including, without limitation, the license grants in Sections 8 and 9 of these Terms of Service;
2. you exclusively own and/or control all right, title, and interest (including, without limitation, copyright) in and to your User Materials, and have secured all necessary third-party consents, rights, licenses, and permissions, if any, required in order for you to enter into and perform these Terms of Service and to grant SB all rights to use your User Materials (including individuals names, likenesses, voices, and other elements of identity embodied therein) as contemplated in these Terms of Service (including, without limitation, consents, and permissions from owners of any elements that are used or otherwise incorporated into your User Materials);
3. your User Materials (and SB’ use thereof as contemplated under these Terms of Service) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity, or moral rights of any third party;
4. all information that you have provided or will provide to SB is true and complete;
5. your User Materials do not and will not violate any law, statute, ordinance, or regulation;
6. your User Materials do not and will not: (i) be defamatory, libelous, slanderous, or threatening; (ii) contain sexually explicit content that is pornographic, obscene, harmful to minors or constitute violations of child pornography or child sexual exploitation laws; (iii) denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise; (iv) exploit images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s) for such exploitation); (v) encourage or otherwise depict glamorized drug use; (vi) make use of offensive language or images; (vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous, or desirable; (viii) contain your or any other individual’s personal contact information; (ix) promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (x) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (xi) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial activities whatsoever and/or sales without our prior written consent; and
7. your User Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of SB or any third party.
15. USER DISPUTES:
It is important to keep in mind that you are solely responsible for your interactions with other users. SB reserves the right, but has no obligation, to monitor disputes between you and other users.
16. DOWNLOADABLE ITEMS; COLLABORATIVE CONTENT:
To the extent that SB makes any applications, software, or functionalities available for download or use through any of the MFIAB Services (the "Downloadable Items"), such Downloadable Items are the copyrighted work (as between you and SB) of SB. Your use of the Downloadable Items may be governed by additional terms and conditions, which may be included with the Downloadable Items. Please carefully read any such additional terms and conditions to determine the full extent of conditions governing the use of such Downloadable Items.
If you install a Downloadable Item that is a software application, you consent to the download of such software to your computer or device and accept these Terms of Service and any additional terms and conditions related to such software application. With respect to any User Materials that you download from or through any of the MFIAB Services, you are responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with such downloaded User Materials (including, without limitation, any such obligations that may arise from use by SB of such User Materials as authorized in these Terms of Service). You also agree that any Downloadable Items you obtain from any of the MFIAB Services (whether for free or for a fee) are only provided to you for your personal, non-commercial use and are not meant for you to further distribute.
Your use of any Collaborative Content is subject to the following additional terms and conditions: (i) the permission for you to use MFIAB Content to generate Collaborative Content or otherwise in association with your User Materials is expressly limited to MFIAB Content specifically made available by SB for that purpose and may be revoked by SB at any time without notice or liability to you; (ii) your use of Collaborative Content is subject to these Terms of Service and any additional terms and conditions as SB may from time to time prescribe; (iii) you may NOT make any commercial use of any Collaborative Content or of any MFIAB Content embodied in any Collaborative Content, in whole or in part, or sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber, or otherwise exploit same, in whole or in part, EXCEPT that you may use the MFIAB Services to generate and engage in Viral Distribution (as defined below) of Collaborative Content, but in each case only to the extent expressly permitted by these Terms of Service or otherwise by SB; as used herein, "Viral Distribution" means, for non-commercial purposes only: (a) sending Collaborative Content to friends and/or acquaintances at no charge by e-mail, text, or other forms of digital delivery; (b) reproducing copies of Collaborative Content for personal use; and (c) posting and displaying links to Collaborative Content on a personal web site or on a third-party web site that permits posting of such links at the direction of users subject to its terms and conditions, provided that such third-party web site does not charge for access to the Collaborative Content or associate products, services, or advertising with the Collaborative Content; (iv) you must always include and keep intact, and not remove or alter, any and all of SB’ trademarks, copyrights and other proprietary rights notices, legends, watermarks, and other markings contained or embedded in or otherwise accompanying Collaborative Content (or any MFIAB Content portion thereof), and you agree to comply with all usage and viral distribution guidelines that may be prescribed by SB from time to time; and (v) YOU AGREE NOT TO ENGAGE IN SPAMMING OR OTHER UNLAWFUL OR CONTROVERSIAL BEHAVIOR IN CONNECTION THEREWITH.
17. INDEMNITY:
You agree to defend, indemnify, reimburse, and hold SB and its parents, subsidiaries and affiliated entities, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney’s fees, costs and expenses, and court costs) arising out of or related to: (i) your use of the MFIAB Services; (ii) SB’ use of your User Materials; (iii) any breach or alleged breach of your representations and warranties and/or any breach, alleged breach, or violation of the notices, terms, and conditions hereof; and (iv) your violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from the submission and/or use of your User Materials as contemplated hereunder.
18. SB’S PERFORMANCE:
SB strives to provide you with the best possible experience, but we can’t guarantee that there will be no errors or interruptions on our end. You acknowledge and agree that the operation of the MFIAB Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and SB shall not be responsible to you or others for any such interruptions, errors, or problems or an outright discontinuance of the MFIAB Services. There are no assurances whatsoever that any of your User Materials or any part or element thereof shall actually be utilized through any of the MFIAB Services or if so utilized continue to be available for any particular time. SB has the right, in SB’ sole and absolute discretion, to remove from the MFIAB Services at any time your User Materials or any part thereof and/or to revoke any sublicense granted by SB to any affiliate or unaffiliated third party. Notwithstanding the foregoing, SB does not control the content of any User Materials and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content submitted to the MFIAB Services. The MFIAB Services may be discontinued at any time, with or without reason and without any liability to you or to any third party for any modification or discontinuance of the MFIAB Services.
19. NO WARRANTY:
ALL OF THE MFIAB SERVICES AND SB CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SB DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE MFIAB SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE MFIAB SERVICES.
IN ADDITION, ALTHOUGH SB INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS INTO THE SB SERVICES, AND WHETHER OR NOT SB IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, SB DOES NOT WARRANT THAT THE MFIAB SERVICES, ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE MFIAB SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF SERVICE.
BY ACCESSING OR USING ANY OF THE MFIAB SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE SUCH MFIAB SERVICES.
20. NO LIABILITY FOR THIRD-PARTY USE:
SB DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE USER MATERIALS MADE AVAILABLE THROUGH THE MFIAB SERVICES BY YOU PURSUANT TO THESE TERMS OF SERVICE. YOU SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF YOUR USER MATERIALS BY A THIRD PARTY AND NOT FROM SB. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS YOUR USER MATERIALS FROM SB (WHETHER OR NOT WITH SB’S PERMISSION) AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, YOU WILL SEEK REDRESS FROM THAT OTHER PERSON AND NOT FROM SB, AND THAT YOU WILL NOT HOLD SB RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
21. EXCLUSION OF DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL SB, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES), WHETHER OR NOT SB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE USE OR PERFORMANCE OF THE MFIAB SERVICES. IN NO EVENT SHALL SB’S TOTAL LIABILITY TO YOU UNDER THESE TERMS OF SERVICE FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $200.00 USD. YOU EXPRESSLY WAIVE ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THESE TERMS OF SERVICE, THE MFIAB SERVICES, AND/OR ANY USER MATERIALS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF YOUR USER MATERIALS BY SB). THE PARTIES ACKNOWLEDGE AND AGREE THAT SB HAS ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN YOU AND SB AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
22. EXPORT CONTROLS:
Software made available through the MFIAB Services (the "Software") is further subject to United States export controls. No Software may be downloaded through the MFIAB Services or otherwise exported or re-exported (a) into (or to a national or resident of) any Country to which the U.S. has embargoed goods or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
23. GOVERNING LAW, VENUE, AND JURISDICTION:
You and SB each agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern your use and purchase of products and services, these Terms of Service, and any dispute of any sort that might arise between you and SB or any of our affiliates. Without limiting the generality of the preceding sentence, the United States Federal Arbitration Act and federal arbitration law shall apply to these Terms of Service.
With respect to any disputes or claims not subject to arbitration (as set forth below), you and SB each agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Los Angeles County, California, and BOTH YOU AND SB IRREVOCABLY consent to, and waive all defenses of, lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in the Los Angeles County, California.
24. BINDING ARBITRATION AND CLASS ACTION WAIVER
YOU AND SB AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE OR THE SALE OF ANY PRODUCT OR SERVICE BY SB SHALL BE FINAL AND BINDING ARBITRATION, except that: (i) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, or trade secret rights, such other party may seek injunctive or other appropriate relief; and (ii) you may assert a claim in a small claims court if your claim qualifies.
In the event of a dispute, you or SB must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute in writing to us at SB, ATTN: Arbitration Notice, [UPDATE ADDRESS]. We will send any notice of dispute to you at the contact information we have for you.
Unless you and SB are able to resolve the dispute through informal negotiation within sixty (60) days from the date a party’s notice of dispute is sent to the other party, either you or SB may commence arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. BY ARBITRATING, YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
By using the MFIAB Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against SB and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “SB Entities”) arising out of, relating to, or connected in any way with the MFIAB Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms of Service and any of the other agreements referenced herein that the applicable user may have entered into in connection with the MFIAB Services; (5) the arbitrator shall apply Delaware law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable SB Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any SB Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any SB Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, SB agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SB will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of SB, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor SB shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
25. ASSIGNMENT:
SB shall have the right to assign these Terms of Service in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms of Service without the prior written consent of SB.
26. NOTICES:
All copyright infringement notifications to SB in regard to any Content (including User Materials) available through the MFIAB Services must be made in accordance with the section entitled "NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT" contained in our Legal Notices (click here).
All other notices, requests, and other communications ("Communications") under these Terms of Service must be in writing and sent to Spiridellis Bros. Inc., 1212 Electric Avenue, Venice, CA 90291, ATTN: Legal Department. Communications shall be deemed received: (i) for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt as indicated on the return receipt; (ii) for Communications sent by personal delivery, on the date of personal delivery; and (iii) for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt. No other form of notice shall be accepted under these Terms of Service.
27. ENTIRE AGREEMENT:
These Terms of Service, together with our Privacy Policy and Legal Notices, set forth the entire understanding and agreement of you and SB as to the subject matter hereof and supersedes all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. SB’ failure to act with respect to a breach by you or others does not waive SB’ right to act with respect to antecedent, subsequent, or similar breaches.
28. MODIFICATION:
SB reserves the right to change the terms of these Terms of Service from time to time in its sole discretion. In the event of such changes, SB will post the changes on the MFIAB Services and/or myfaceinabook.com. Also, SB may ask you to review and acknowledge or consent to the changes at the time of your next account login or at the time of your next usage of the MFIAB Services. By continuing to use any of the MFIAB Services, you agree to be bound by the changes to these Terms of Service and the new terms of the Terms of Service shall govern all prior and future submissions of your User Materials.