THIS USER AGREEMENT (INCLUDING ANY DOCUMENTS REFERENCED
HEREIN, THIS "AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS UNDER
WHICH FACEDOUBLE, INC, OFFERS YOU AN ACCOUNT (THE "ACCOUNT") FOR USE
OF THE FACEDOUBLE SERVICE (THE "SERVICE"). BY COMPLETING THE REGISTRATION
PROCESS ON OUR WEBSITE LOCATED AT ANY OF THE FOLLOWING DOMAINS:FACEDOUBLE.COM,
OR BY DOWNLOADING MOBILE CONTENT TO A MOBILE DEVICE, AND YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Eligible Subscribers. By accepting these terms, you confirm that you are 13
years of age or older, and have the consent of the subscriber of a
participating mobile communications carrier to sign-up and use the Facedouble
service on behalf of the subscriber.
2. Fees and Payment Authorization. NOTE: THIS SECTION 2 APPLIES ONLY IF YOU
HAVE INFORMATION DELIVERED TO YOUR CELLULAR PHONE, PAGER OR OTHER WIRELESS
DEVICE OR IF YOU DOWNLOAD INFORMATION FROM YOUR CELLULAR PHONE, PAGER OR OTHER
WIRELESS DEVICE. Your wireless service provider or pager company may charge you
(i) a fee for the ability to receive text messages, or a per message fee for
the delivery (or attempted delivery) of text messages to your cellular phone or
pager, (ii) airtime or other connection fees in connection with your downloading
or information or messages from or uploading of information or messages to the
Service, and/or (iii) roaming fees if delivery of a text message occurs outside
of certain geographical areas. Before subscribing to the Service, please check
with your wireless service provider or pager company about the existence of
such fees. You are responsible for paying all such fees, and for any other
hardware, service or other costs you incur to access your Account, plus any
applicable taxes. Facedouble users will be charged for the use of Facedouble
services through Credit Card or directly on your mobile telephone invoice, as
selected by you. If you select a monthly fee subscription plan, you authorize
the continued billing each month until you cancel such subscription. If you
cancel your account or subscription for any reason, Facedouble will not refund
any of your fees paid to date.
3. Access to Account. When your Account is established, Facedouble will provide
you with a password unique to your Account through which you may set your user
options. You may disclose the password to other people whom you want to have
access to use your Account on your behalf, but you will be fully responsible
for all charges and liabilities incurred by their use. You will also be fully responsible
for any charges and liabilities incurred through use of the Service or your
Account by anyone who obtains this password as a result of your negligence,
until you notify Facedouble' customer service at customerservice@Facedouble.com.
In Addition, Facedouble may temporarily disable access to your Account if you
report unauthorized use or if usage of the Account dramatically exceeds normal
usage patterns within a short time period.
4. Use of Account/Service; Privacy.
4.1 You and other users of your Account must comply with all applicable laws
and regulations in using the Service. You may not use the Service for any of
the following purposes or in any of the following manners:
- to impersonate or harass any other person;
- to send any information of adult nature;
- to send any information that is or the disclosure of which would libellous,
abusive, threatening, false, fraudulent, misleading, or obscene; that
misappropriates or infringes any person's proprietary right (including posting
any links or URLs that you do not have the right to post or disclose); that
violates any persons rights of privacy or publicity; or that violates any law,
statute, ordinance or regulation (including applicable export control, consumer
protection, unfair competition, antidiscrimination or false advertising laws,
and without limiting the foregoing you specifically agree to comply with all
applicable laws regarding the transmission of the technical data exported from
the United States or the country in which you reside);
- to intercept any communications not intended for you;
- to release, post, distribute or execute any viruses or other harmful computer
code; or
- to engage in "spamming" or similar conduct.
4.2 Facedouble does not control the data, information or other postings
provided by other users, which is made available through the Service. You may
find other user's information to be offensive, harmful, inaccurate, or
deceptive or to otherwise violate this Agreement. Please use caution and common
sense when using the Service or relying on any data, information or other
postings provided through the Service.
4.3. At our option and without further notice, we may use anti-spam
technologies, such as automatic word and spam filters, that may terminate
messages you send without delivering them or prevent messages from reaching
you. You may not use the Service in a way that imposes an unreasonable or
disproportionately large load (as determined by us in light of the purposes for
which you are using the Service and the load imposed by other users generally)
on our infrastructure or that otherwise would harm or breach our arrangements
with any of our service providers.4.4. Facedouble recognizes that our users
have legitimate concerns about privacy. By accepting this Agreement, you
expressly consent to uses and disclosures of your personal information as
enumerated in Facedouble' then-current privacy policies, which are incorporated
herein by reference. Our current privacy policy is available at http://www.Facedouble.com
4.5. Members who use our Services agree to accept our SMS, MMS, or email
messages as part of the service. We only use these communications to inform you
of new membership benefits and features, to let you know of urgent problems on
our site, and to present special members-only opportunities to buy products and
services that are appropriate to the interests of our users. And we keep these
messages to a minimum. You can elect not to receive our messages and remove
yourself from our mailing list, by replying to any message with STOP.
5.Content
5.1. One feature of the Service is that you may have the ability to retrieve
certain contents of informative or marketing nature including but limited to
news stories and reports, weather forecasts, horoscopes, press releases, stock
prices, music, sounds, software, photographs, celebrity information, celebrity
photographs, games, video, audio, graphics and similar information supplied by
other Facedouble users, or Facedouble partners (collectively, "Third Party
Content"). You understand that Facedouble has no editorial control over
any Third Party Content and that Facedouble does not guarantee the accuracy or
completeness of any Third Party Content. You agree that Facedouble will have no
liability to you, or anyone else who uses your Account, with regard to any
Third Party Content. You also understand that the Third Party Content is the
proprietary material of Facedouble and/or the third party that supplies it, is
protected by copyright and other applicable laws, and may not be reproduced,
published, broadcast, rewritten, or redistributed without the written
permission of the third party that supplied it, except to the extent allowed
under the "fair use" provisions of the U. S. copyright laws or
comparable provisions of foreign laws. You may use Third Party Content solely
for your personal, private, non-commercial use. For the avoidance of doubt,
your use of the Service is under license; you will not obtain any ownership
interest in any of them through this Agreement or otherwise. Facedouble is not
responsible to you for any content or materials or any other aspect of the
Service that you might find objectionable.
5.2. With respect to any data, information or postings you make to or through
the Service:
- You will own any personal user information or other registration information
that you have given us as part of the registration process (your
"Registration Information"). With respect to your Registration
Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise the
copyright, photographic, image and publicity rights (but no other rights) you
have in your Registration Information, in any media now known or not currently
known. Facedouble will only use your Registration Information in accordance
with our Privacy Policy.
6. Changes to the Service or Terms. You understand that Facedouble may, in its
discretion, from time to time change, add, or remove certain features of the
Service, change the pricing, or change the terms of this Agreement by informing
you of the amended terms via email to the email address you provide to us or
via SMS to your phone, and that, if you are dissatisfied with any such changes
to the Service or this Agreement, you may cancel your Account as provided in
Section 10 within 14 days from the date of such notice. In addition, Facedouble
reserves the right to discontinue the Service altogether for all users at any
time in its discretion. Such amendments will be effective when sent.
Alternatively, we may display the amended terms to you when you access your
Account, in which case such terms shall be effective when posted. Otherwise,
this Agreement may not be amended except in a writing signed by both parties.
7. Disclaimer of All Warranties. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FACEDOUBLE
AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS
OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; NOR DO FACEDOUBLE OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THE ACCURACY,
RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SERVICE
(INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SERVICE WILL BE
CORRECTED. FACEDOUBLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE, INCLUDING ANY
IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA
OBTAINED THROUGH USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBT AINED USING ANY SUCH MATERIAL OR
DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.
THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND
NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY
WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
8. Limitations of Facedouble' Liability. FACEDOUBLE AND ITS SUPPLIERS WILL NOT
BE LIABLE FOR ANY LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, OR OTHER
INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING
FROM OR RELATING TO YOUR USE OF THE SERVICE OR USE OF THE SERVICE THROUGH YOUR
ACCOUNT BY ANYONE ELSE. FACEDOUBLE' TOTAL CUMULATIVE LIABILITY TO YOU AND ANY
ANYONE WHO USES THE SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER
ANY THEORY OF LAW (INCLUDING NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE AMOUNT
YOU PAID TO FACEDOUBLE IN THE PRECEDING TWELVE MONTHS. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF
LIABILITY. THEREFORE, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU
TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR
LIMITING FACEDOUBLE' LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
MOREOVER, THIS SECTION DOES NOT LIMIT FACEDOUBLE' OBLIGATION, IF FACEDOUBLE
MISTAKENLY OR WRONGFULLY O VERCHARGES YOUR ACCOUNT, TO REFUND THE AMOUNT OF THE
OVERCHARGE.
9. Release and Indemnification.
9.1. In the event that you have a dispute with one or more users, you release Facedouble
(and our officers, directors, agents, subsidiaries and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor."
9.2. You agree to defend, indemnify and hold harmless Facedouble and our
subsidiaries, affiliates, officers, directors, agents, and employees from and
against any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your breach of this Agreement or your
violation of any law or the rights of a third party.
10. Termination of Account. You may terminate your Account, this Agreement, and
your right to use the Service, at any time and for any reason or no reason, by
contacting Facedouble' customer service at customerservice@Facedouble.com or by
sending a text message with the text “STOP” to the Facedouble shortcode, or such other number as
may be designated on our Website. Notifying Facedouble in any other way of your
desire to terminate your Account may result in delays in processing your
request. Facedouble may immediately suspend or terminate your Account, and
terminate this Agreement, if you breach any provision in this Agreement or if
the charges to your credit card or your mobile phone bill for the fees
described in Section 2 are refused for any reason. Facedouble reserves the
right to terminate your Account and this Agreement for any other reason if Facedouble
gives you at least thirty days advance notice. Upon any such termination of
your Account, you will remain obligated to pay all outstanding fees and charges
relating to your use of the Service before termination. Sections 4, 5, 7, 8,
and 10 will remain in effect notwithstanding the termination of your Account or
this Agreement.
11. Miscellaneous. This Agreement will be governed by the laws of the State of
California as such laws apply to agreements between California residents
performed entirely within California. The United Nations Convention on
Contracts for the International Sale of Goods is expressly disclaimed. If any
provision of this Agreement is invalid or unenforceable under applicable law,
such provision will be deemed modified to the extent necessary to render such
provision valid and enforceable and the other provisions of this Agreement will
remain in full force and effect. As used in this Agreement, "including"
means "including but not limited to." This document and the pages
referred to herein represent the entire agreement governing your use of the
Service and supersede any prior or contemporaneous written or oral statements
by Facedouble or its representatives or resellers. This Agreement may not be
amended except as provided in Section 6.
12. Contacting Us. The Services hereunder are offered by Facedouble, Inc, P.O.
Box 8829, La Jolla, CA 92038. If you are a California resident, you may have
this same information emailed to you by sending a letter to the foregoing
address with your email address and a request for this information. The
Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.