The following terms and conditions apply to your use of the Faces in the Crowd, Inc. (“FITC”, “us”, “we”, “our”) services and website. We recommend that you carefully read these terms and conditions as they control the relationship between you and FITC.
“Purpose”. The purpose of the site is personal entertainment as well as social interaction among site visitors with regards to photos they have taken and photos they appear within.
“Services”. The services provided include functions for: uploading digital photos and managing them within a personal page; searching for and viewing digital photos and manipulating those photos visually with provided tools; adding notes to uploaded photos using provided tools; voting on uploaded photos with a star-based system; and commenting in general, using provided commenting tools.
“Website”. The Website may be reached on the Internet at www.facesinthecrowd.com.
2. APPLICATION INFORMATION. To become a registered user (“Member”), you agree to fully and accurately complete the applicable registration form and process (“Application Process”). You warrant to us that all information provided by you for your Application Process is true and accurate, that you have all legal right and authority to provide such registration information to us, and that you and us can use such registration information for your Application Process. Once your Application Process is approved by us, in our sole discretion, you will be issued an account (“Account”) and e-mailed your password. You agree to immediately notify us in writing or by updating your online profile if any of your registration information changes.
3. LICENSE. In consideration of your completion of your Application Process, your acceptance of the terms of this Agreement without modification, and your continued compliance with the rules and regulations contained herein and of FITC, FITC hereby grants to you if you a conditional, revocable, non-exclusive license to utilize the FITC Services and Website solely for the Purpose.
4. FEES. For Members, there is currently no application fee, no initial monthly membership fee, and no monthly renewal fee, as of December 1, 2007. This may be changed at FITC’s sole discretion. We will post any change in fees, or additional fees on the Website at least 5 days prior to their effective date.
5. CANCELLATION. You may cancel your membership via your profile page. Regardless of cancellation or termination of a membership, all persons are responsible to pay for all products and services ordered from FITC. You must provide us with the name on the account and the user name for any notice to be effective. Cancellation or termination will be effective as of the date we receive proper notice.
6. RULES APPLICABLE TO USE BY USERS AND MEMBERS. You hereby acknowledge and agree that you are solely liable and responsible, and that FITC and its Members and users are not liable or responsible, nor will you hold FITC and its Members or users liable or responsible for the following, as are applicable to you as a member or user:
a. You are entirely responsible for maintaining the confidentiality of your password and Account. Furthermore, you are entirely responsible for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or other breach of security. You agree that we may access your Account at any time to ensure your compliance with these rules.
b. You will not use the FITC Services or Website or any trade names, trademarks, logos, copyrights, service names and service marks of FITC, now and in the future, whether registered or unregistered (all collectively “FITC Marks”) for any unlawful purpose or in violation of the terms hereof, including, but not limited to, surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise). You shall not defame, abuse, harass, stalk, threaten or otherwise violate any legal rights of others, nor publish, distribute or disseminate any untruthful, incorrect, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful materials or information.
c. You will comply with all applicable local, state, provincial, national, federal, and international laws and regulations in the use of the FITC Services and Website, and agree that you are solely responsible for all acts or omissions that occur under your Account or password, including all information you post to, or transmit through the FITC Services and/or Website, and any information you provide to FITC or other Members or users through any method, including, but not limited to: e-mails, chat rooms, library postings, list postings, etc. You further agree that all such information that you post to or transmit through the FITC Services and/or Websites shall be true and accurate.
d. You agree that the FITC Services and Website and all content contained therein is, and shall remain the sole and exclusive property of FITC, or is licensed by FITC from a third party and shall remain their sole and exclusive property. You agree that such content presented to you by FITC or through the FITC Services and/or the Website, or other content providers, is protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the FITC Services and/or Website, including pictures, code and software.
e. You agree not to create a false identification for the purpose of misleading others as to the identity of the sender or the origin of the message, collect information about others without their consent, or interfere with another user’s use and enjoyment of the FITC Services or the Website.
f. You agree not to transmit or upload any files or other materials that contain viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious programs, or are in violation of any third party’s intellectual property rights. You agree not to transmit or upload any files or other materials that contain words or any materials of a pornographic nature, or that are unacceptable to FITC, in its sole discretion. This includes, but is not limited to, your username, photo notes, comments, your biographical photo, or any crowd photos. You agree not to upload any files or other materials in violation of any third party proprietary rights (i.e., trademarks, copyrights, patents, etc.) or in violation of any law or regulation. You acknowledge and agree that FITC may remove any files or materials from the Website at any time in its sole discretion.
g. You agree not to attempt to gain unauthorized access to, nor interrupt, interfere with, or disrupt the computer systems and software, networks or servers utilized in providing the Services and Website, or violate their regulations, policies or procedures, or decompile, reverse engineer, modify, copy, sell or transfer any of the code utilized in the Services or Website.
h. If applicable, you agree to timely pay all fees and charges for use of your Account by anyone, or of the FITC Services and products purchased, rented, leased or authorized by you, and all taxes and other governmental charges thereon, including but not limited to sales and use taxes.
i. You acknowledge that the amount of storage space (if provided) is limited and agree that FITC is not liable or responsible for the deletion of, or failure to store, comments, photos, or other information.
j. You agree not to use the FITC Marks in violation of this Agreement, for any purpose not approved by FITC in its sole discretion, and you agree not to do anything which would disparage, denigrate, or lessen the value of the FITC Marks.
k. You agree that you have no authority to enter into, or bind FITC to any agreement, contract, loan, note or other obligation, nor will you do so. You will not represent yourself as an authorized agent or representative of FITC.
l. You agree that FITC does not represent or warrant that the FITC Services or Website will be uninterrupted or error free, that defects will be corrected, or that the FITC Services, Website, computer networks, software, or servers that make the FITC Services available, are free from viruses or other harmful components.
m. You agree that FITC shall have the right to use for any purpose any information (other than information provided solely for payment purposes, such as credit card information) provided by you regarding your access to, or use of the FITC Services and/or Website. You grant to FITC a perpetual, worldwide, irrevocable license to use, display, sell, alter or modify any pictures or other content you load on the Website, or save on the FITC servers.
n. You agree that FITC shall not be responsible for unauthorized access to, or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the FITC Services or Website. You agree that FITC is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights, or any content sent using and/or included in the FITC Services and Website by any third party.
o. If charged, you agree that FITC may auto-deduct the monthly membership renewal fee from your credit card, on-line check, etc. provided by you for such purpose. You are responsible to timely pay all renewals until auto-deduct takes effect.
p. Unless otherwise agreed to in writing by FITC, you agree not to use the FITC site, or your account, for any commercial purposes, including the posting of advertisements (either text or graphical) in comments, photo notes, biography, uploaded photos, or any place content may be entered by a user. You agree not to display company logos or names, or intentionally upload photos containing commercial or advertising related information.
7. WAIVER OF WARRANTIES. YOU AGREE THAT THE USE OF THE FITC SERVICES, THE WEBSITE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE FITC SERVICES IS AT YOUR SOLE RISK. NEITHER FITC, ITS MEMBERS, USERS, CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE FITC SERVICES OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL BE ERROR-FREE; NOR DO FITC OR ANY OF THE FOREGOING PERSONS OR ENTITIES MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE FITC SERVICES OR THE WEBSITE, OR THE RESULTS TO BE OBTAINED FROM USE OF THE FITC SERVICES OR WEBSITE. THE FITC SERVICES, WEBSITE, AND ANY SOFTWARE ARE PROVIDED TO MEMBERS AND/OR USERS ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND FITC HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS MEMBERS, USERS, CONTENT PROVIDERS AND ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN, OR WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
8. REMEDIES. THE MEMBER’S AND USER’S SOLE AND EXCLUSIVE REMEDY AND FITC’S SOLE AND EXCLUSIVE OBLIGATION FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE THE MEMBER’S ACCOUNT. IN NO EVENT WILL FITC OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE FITC SERVICES, THE WEBSITE, OR ANY SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF THE USE OF, OR INABILITY TO USE THE FITC SERVICES, THE WEBSITE, OR ANY SOFTWARE, OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL MEMBERS AND USERS.
9. INDEMNIFICATION. You agree to indemnify and hold FITC, and its parent, subsidiaries, affiliates, Members, and their respective officers, directors, shareholders, owners, and employees, harmless from any claims, losses, demands, damages deficiencies, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of: (i) your use of the FITC Services; and (ii) any breach or allegation which, if true, would constitute a breach of any of your obligations, representations, covenants or warranties under this Agreement.
10. TERMINATION. FITC may terminate your access to any part or all of the FITC Services, Website, and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. FITC shall have no obligation to maintain any content in your Account or to forward any unread or unsent messages to you or any third party. Should you violate the terms of this Agreement, you acknowledge that FITC would be irreparably harmed and agree that FITC is entitled to injunctive relief, in addition to all other remedies at law and in equity, including its cost of any action to enforce its rights under this Agreement and reasonable attorney’s fees.
11. NOTICES. FITC may provide notice to Users and Members, at FITC’s option, by posting a message on the Website, by electronic or conventional mail, or by any other means by which Members and Users obtain actual knowledge thereof. Except as to notices of cancellation and termination set forth above, notices by Members or Users to FITC must be provided by electronic mail. All notices, excluding termination and cancellation, to FITC by electronic mail must be sent to Customer Service at email@example.com. Notices provided by a Member or Users to FITC will not change the terms of this Agreement, unless a modification is expressly accepted in writing by an authorized officer of FITC.
12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Connecticut, USA, without regard to its conflict of laws rules and the parties consent to the federal and state courts of the State of Connecticut, USA as proper venue for any action brought under this Agreement.
13. MODIFICATION. FITC reserves the right to modify the terms hereof and the policies, rules and regulations contained herein at any time and to notify you by posting an updated version of this Agreement on the Website. You are responsible for regularly reviewing the terms of this Agreement. Continued use of the FITC Services and/or Website after any such changes shall constitute your consent to such changes.
14. ENTIRE AGREEMENT. This Agreement constitutes the complete and entire agreement between FITC and the Member or User with respect to the FITC Services and Website, and supersede all other communications and agreements with respect to the subject matter hereof. If any provision of this Agreement is determined to be invalid, such provision shall be enforced to the maximum extent permissible, and all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
By completing and submitting a User Account Signup form, you thereby indicate your agreement to the above terms.