Terms of Use Agreement
This terms of use agreement (the "agreement") applies to your access to and use of the website, or the applications and other online products and services provided by FunnyFace "FunnyFace" or "us" (collectively, "our services").
1. You must be at least 13 years old to access or use our services. If you are under the age of 18 (or the legal age of majority where you live), you can only access or use our services under the supervision of your parents or legal guardians who agree to be bound by this agreement. If you are the parent or legal guardian of a user under the age of 18 (or legal majority), you agree to take full responsibility for the user's acts or omissions related to our services. If you access or use our services on behalf of another person or entity, you represent that you have the right to accept this Agreement on behalf of that person or entity, and if you or other person or entity violates this agreement, that person or entity agrees to be responsible to us.
2. Links to third-party websites and services
The application may contain links to third-party websites and services. Please note that their existence does not mean that they are recommended by us, nor do we guarantee their safety and meet any expectations of you. We shall not be liable for any damage or loss or any other impact arising directly or indirectly from the use of any content, goods or services provided on or through any such third-party websites and services.
3. Privacy
For information on how we collect, use and disclose your information, please refer to our privacy policy.
4. User content
Our services may allow you and other users to create, publish, store and share content, including photos, videos, messages, text, software and other materials (collectively, "user content"). In accordance with this Agreement and the privacy policy, you reserve all rights between you and FunnyFace to your user content. In addition, FunnyFace does not claim ownership of any user content you publish on or through the service. You grant to FunnyFace a non exclusive, royalty free, fully paid worldwide license to use, copy, modify, adapt, create derivative works, distribute, execute and display your user content during the term of this agreement, and only provide services for you.
You acknowledge that some of the services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that FunnyFace may place such advertisements and promotions on the services or on, about or with your user content. The manner, manner and scope of such advertising and promotion may change without notice. You acknowledge that we may not always identify paid services, sponsored content or business communications.
You represent and warrant that (I) you own or have the right to use the user's content on the service or modified through the service according to the rights and licenses specified in this Agreement; (II) you agree to pay all royalties, fees and any other amounts owed by you in connection with the service or user content stylized through the service; And (III) you have the legal right and capacity to enter into this agreement in your jurisdiction.
You may not create, publish, store or share any user content in violation of this agreement, or you do not grant us all the rights necessary for the above license. Although we have no obligation to filter, edit or monitor user content, we may delete or delete user content at any time for any reason.
FunnyFace does not provide backup services, and you agree that you will not rely on these services for user content backup or storage. FunnyFace is not responsible for any modification, suspension or interruption of the service or loss of any user content.
5. Prohibited acts and contents
You will not violate any applicable laws, contracts, intellectual property rights or other third-party rights or infringe, and you will be fully responsible for your behavior when accessing or using our services. You will not:
Engage in any harassment, threat, intimidation, looting or stalking;
Use or attempt to use the user's account without authorization of other users and FunnyFace;
Use our services in any way that may interfere, interfere, negatively affect or prevent other users from fully enjoying our services, or damage, disable, overburden or damage the function of our services in any way;
Reverse engineer any aspect of our services, or do anything that may discover the source code, or bypass or circumvent measures to prevent or restrict access to any part of our services;
Attempts to bypass any content filtering technology we use, or attempts to access any unauthorized access function or area of our services;
Develop or use any third-party applications that interact with our services, including any scripts designed to extract data from our services, without our prior written consent;
Use our services for any illegal or unauthorized purpose, or participate in, encourage or promote any activities in violation of this agreement.
You can only publish or otherwise share non confidential user content, and you have all necessary disclosure rights. You must not create, publish, store or share any of the following user content:
Is illegal, defamatory, defamatory, obscene, pornographic, indecent, indecent, suggestive, harassing, threatening, violating privacy or publicity rights, maltreatment, incitement or fraud;
Would constitute, encourage or direct a criminal offence, violate the rights of any party, or otherwise cause liability, or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of either party;
Contain or describe any statement, comment or claim that does not reflect your honest views and experience;
Impersonate or misrepresent your connection with any person or entity;
Contains any unsolicited promotion, political campaign, advertisement or invitation;
Including any private or personal information of a third party without the consent of a third party;
Contains any virus, damaged data or other harmful, destructive or destructive files or contents; or
In our sole judgment, it is offensive, or restricts or prohibits any other person from using or enjoying our services, or may cause reprixel or others to suffer any kind of injury or liability.
In addition, although we have no obligation to filter, edit or monitor user content, we may delete or delete user content at any time for any reason.
6. Limited license; Copyright and trademark
Our services and the text, graphics, images, photos, videos, illustrations, trademarks, trade names, headers, button icons, scripts, service marks, logos, slogans, filters, user generated filters and other content contained therein (collectively referred to as "FunnyFace content") are owned or licensed by FunnyFace and are protected by U.S. and foreign laws. Except as expressly provided in this agreement, reprixel and our licensors reserve all rights to our services and reprixel content. You are hereby granted a limited, non exclusive, non transferable, non sublicensable, and revocable license to access and use our services and FunnyFace content for your personal use; However, this license is subject to this Agreement and does not include any of the following rights: (a) to sell, resell or commercially use our services or FunnyFace content; (b) Copy, copy, distribute, perform or publicly display the FunnyFace content, unless expressly permitted by us or our licensors; (c) Modify the reprixel content, delete any ownership notice or mark, or otherwise use our services or reprixel content for any derivative purpose, except as expressly provided in this Agreement; (d) Using any data mining, robot or similar data collection or extraction method; Or (E) use our services or FunnyFace content, except as expressly provided in this agreement. The use of our services or FunnyFace content is strictly prohibited without our prior written permission, and unless expressly authorized by this agreement, the license granted under this agreement will be terminated. You may not delete, change or hide any copyright, trademark, service mark or other proprietary rights statement included in or attached to the FunnyFace content.
7. Feedback
Any questions, comments, suggestions, ideas, original or creative materials or other information (collectively referred to as "feedback") submitted by you about FunnyFace or our products or services are non confidential information, and we do not assume any obligations (including but not limited to confidentiality obligations) for such feedback. You hereby grant to FunnyFace a fully paid, royalty free, perpetual, irrevocable, global, non exclusive and fully sublicensable right and license to use, copy, execute, display, distribute, adapt, modify, reformat, create derivative works, and make commercial or non-commercial use of any and all feedback in any way, and sublicense the above rights, Related to the operation and maintenance of services and / or FunnyFace business.
8. Copyright complaint
We have a policy, that is, after the copyright owner or the legal representative of the copyright owner notifies us in a timely manner, to restrict access to our services and terminate the accounts of users who repeatedly infringe other people's intellectual property rights. Without limiting the above provisions, if you believe that your work is copied and posted on or through the service, which constitutes copyright infringement, please provide the following information to our copyright agent: (a) the electronic or physical signature of the person authorized to represent the copyright owner; (b) A description of the copyright work you claim to have been infringed; (c) The location description of the materials you claim to infringe on the service; (d) Your address, telephone number and email address; € your written statement that you sincerely believe that the use in dispute is not authorized by the copyright owner, its agent or the law; And (f) your statement under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
9. Compensation
To the maximum extent permitted by applicable law, you will indemnify, defend and hold harmless FunnyFace and our respective officers, directors, agents, partners and employees (individually or collectively, the "FunnyFace parties") from any loss, liability, claim, demand, damage, expenses or costs arising out of or in connection with (a) your access to or use of our services (the "claims"); (b) Your user content or feedback; (c) Your breach of this Agreement; (d) You infringe, misappropriate or infringe any rights of others (including intellectual property rights or privacy rights); Or (E) your conduct in connection with our services. You agree to immediately notify the FunnyFace parties of any third party claim, cooperate with the FunnyFace parties to defend such claim, and pay all fees, costs and expenses (including but not limited to attorney's fees) related to the defense of such claim. You also agree that the FunnyFace parties will control the defense or settlement of any third party claim. This indemnity is in addition to and not in lieu of any other indemnity provided in the written agreement between you and FunnyFace or other FunnyFace parties.
10. Disclaimer
We do not control, endorse or be responsible for any user content or third-party content provided or linked on our services.
Your use of our services is at your own risk. Our services are provided "as is" and "as available" without any express or implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, ownership and non-infringement. In addition, FunnyFace does not represent or warrant that our services are accurate, complete, reliable, up-to-date or error free. Although FunnyFace attempts to let you safely access and use our services, we cannot and do not guarantee that our services or servers are free of viruses or other harmful components. You bear all risks of service quality and performance.
11. Limitation of liability
According to any liability theory, whether based on contract, tort, negligence, strict liability, warranty or other reasons, neither FunnyFace nor other FunnyFace parties shall be liable for any indirect, indirect, exemplary, incidental, punitive or special damages or loss of profits
For any claim arising out of or in connection with this agreement or our services, regardless of the form of litigation, the total liability of FunnyFace and other FunnyFace parties is limited to the amount (if any) you pay for accessing or using our services.
The limitations set forth in this section do not limit or exclude the gross negligence, fraud or willful misconduct of FunnyFace or other FunnyFace parties, or any other matter for which liability cannot be excluded or limited by applicable law. In addition, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
12. Release
To the maximum extent permitted by applicable laws, you exempt FunnyFace and other FunnyFace parties from the responsibilities, liabilities, claims, demands and / or damages of any kind and nature (actual and indirect), known and unknown (including but not limited to negligence claims), caused by or related to disputes between users and acts or omissions of third parties. You expressly waive any rights you may have under section 1542 of the California Civil Code and any other regulations or common law principles, otherwise the coverage of this version will be limited to include only claims that you may know or suspect exist in your favor when you agree to this version.
13. Transmission and processing of data
By accessing or using our services, you acknowledge and agree to process, transmit and store information about you in the United States and other countries.
14. Termination
We reserve the right to terminate your access to or use of our services at our sole discretion without prior notice. We are not responsible for any loss or injury caused by your inability to access or use our services.
15. Severability
If any provision or part of this agreement is illegal, invalid or unenforceable, such provision or part of such provision shall be deemed separable from this Agreement and shall not affect the validity and enforceability of any remaining provision.
16. Additional terms applicable to IOS devices
If you install, access or use the service on any device that includes the IOS mobile operating system ("app") developed by Apple Corporation ("apple"), the following terms apply.
Confirm that you acknowledge that this agreement is only signed between us, not with apple, and that FunnyFace (not Apple) is solely responsible for the application and its content. You further confirm that since the date you download the app, the use rules of the app are subject to any other restrictions specified in the terms of service and use rules of the Apple App store. In case of any conflict, the use rules in the app store shall prevail. You acknowledge and agree that you have the opportunity to review the rules of use.
License scope. The license granted to you is limited to the non transferable license to use the app on any iPhone, iPod touch or iPad you own or control under the use rules specified in the terms of service of the Apple App store.
Maintenance and support. You and FunnyFace acknowledge that Apple has no obligation to provide any maintenance and support services related to the application.
Warranty you acknowledge that apple is not responsible for any product warranty (whether expressed or implied by law) related to the application. If the app fails to comply with any applicable warranty, you may notify apple and Apple will refund the purchase price (if any) you paid to apple for the app; To the maximum extent permitted by applicable laws, apple does not assume any other warranty obligations for the application. The parties acknowledge that, in the event of any applicable warranty, any other claim, loss, liability, damage, cost or expense arising from the failure to comply with any such applicable warranty will be the sole responsibility of FunnyFace. However, you understand and agree that, pursuant to this agreement, FunnyFace has waived all warranties relating to the application, and therefore, there is no warranty applicable to the application.
Product statement. You and FunnyFace acknowledge that, between apple and FunnyFace, FunnyFace (and not Apple) is responsible for settling any claims relating to the application or your ownership and / or use of the application, including but not limited to (a) product liability claims, (b) any claims that the application does not comply with any applicable legal or regulatory requirements, and (c) claims under consumer protection or similar legislation.
intellectual property right The parties acknowledge that if any third party claims that the application or your possession and use of the application infringes the intellectual property rights of such third party, FunnyFace (not Apple) will be solely responsible for investigating, defending, settling and releasing any such intellectual property infringement claim required by this agreement.
Legal compliance. You represent and warrant that (a) you are not in a country that is embargoed by the U.S. government or designated by the U.S. government as a country that "supports terrorism", and (b) you are not included in any list of prohibited or restricted parties by the U.S. government.
17. Charge subscription
FunnyFace services may include fee based subscriptions that allow you to access enhanced levels of FunnyFace services and other FunnyFace content. The reprixel subscription is sold to a single reprixel user and you must not share the subscription with any other person. Payment of fees to FunnyFace to improve FunnyFace's service level does not change the service license granted to you by FunnyFace under the terms. You can access and use this enhanced FunnyFace service on up to ten devices on an operating system.
The FunnyFace services that may be accessed after payment are subject to certain fees determined by us from time to time, which shall be paid by credit card or other payment methods accepted or instructed by FunnyFace. Unless otherwise specified by FunnyFace, all subscription fees are quoted in the United States. The subscription fee does not include all taxes and is borne by you.
Paid subscriptions for these FunnyFace services are based on automatic renewal. Therefore, unless cancelled in accordance with your subscription terms, your subscription will be automatically renewed at the end of the applicable subscription period (e.g., each year) corresponding to your subscription period. If your subscription renewal starts on a certain day of a month, we will charge you on the last day of that month. You acknowledge and agree that your billing time and amount may be different due to free trial and other promotional offers, points applied to your account and changes in your subscription. You hereby authorize us to charge you the corresponding amount. You are solely responsible for ensuring that your billing and payment information is correct to prevent your subscription from being cancelled. If we are unable to collect your payment method fee for any reason (such as due or insufficient funds), and you have not cancelled your subscription, you are still responsible for any outstanding amount, and we will try to collect the payment method fee. Because you may update your payment method information. This may cause the start date of your next subscription period to change, and may change the date you charge for each subscription period. If we cannot successfully collect your payment method to renew your subscription, we reserve the right to cancel your subscription. After the subscription ends, you will not be able to access the FunnyFace service that you need to subscribe to.
If we offer promotions or promotion prices for your subscription, when you choose your subscription plan and agree to the additional terms that will be provided to you and describe the specific promotion of the subscription plan you choose, the specific terms of the promotion will be disclosed or provided to you. In the case of promotion pricing, after the end of your promotion, we will start charging your subscription at the normal price after the end of the promotion, unless you cancel the subscription before the end of the promotion.
We reserve the right to change, modify or change the prices, packages and features of the FunnyFace subscription program at any time. If we change or modify the prices and packages of such subscription plans, we will notify you in advance of the applicable changes or modifications. You can stop using the FunnyFace services provided under the subscription plan and request to cancel your subscription to such FunnyFace services at any time. We will not be liable for reimbursement to you for canceling your FunnyFace subscription.
You can unsubscribe by accessing your account information and following the published unsubscribe instructions. By canceling your membership, your account will be automatically closed at the end of the current billing period. After unsubscribing, you may continue to use the applicable FunnyFace service for the remainder of the subscription period, and any content created or copied by using such FunnyFace service before the date of unsubscribing, provided that such use complies with these terms.