terms and conditions

 

A. About Us:

Welcome to placesforfaces.com ("Website"). A Little Moxie, LLC ("PFF", "us", "we", or "our") is the owner and operator of the Website. We offer a unique platform which allows people to create custom event-related image templates ("Template(s)") that feature headshots of a guest ("Head(s)") and related services available on our Website (together with our Website, our "Services"). By accessing or using our Services, including viewinga or using any feature available through our Website, persons ("User(s)", "you", or "your"), expressly agree to be bound to and to abide by these Terms of Use ("Terms"), our Privacy Policy, and any other policy we may develop from time to time (collectively, "Policies"), which creates a legal and enforceable agreement whether or not you register for a user account (a "Account") with us or upload, submit, obtain, transmit, post, send, receive, link, email, or otherwise communicate to us or Users ("Post"): Templates, Heads, Templates, photographs, images, video, text, data, descriptions, software, music, audio, video, messages, information, or any other material or input ("Content") in connection with our Services. If you do not agree to be bound to or to abide by these Terms of Use and our other Policies, do not browse or use our Website or Services.

B. Our Terms of Use:

1. Service Conditions.

You may use our Services ONLY IF you if you are at least 13 years of age and submit certain requested information to us. If you are not 13 years of age or older, YOU CANNOT USE OUR SERVICES IN ANY WAY. By accessing our Website and accepting these Terms, you represent and warrant to us that: (a) you are thirteen (13) years of age or older; (b) you have the right, authority and capacity to agree to, and abide by these Terms; (c) you are not currently restricted from using our Services, and are not otherwise prohibited from having an Account; (d) you are not using our Services to compete with us, as determined by us; (e) you will only maintain one Account with us at any given time; and (f) you will not violate any rights of ours or a third party, including intellectual property rights such as copyright or trademark rights.

2. Duration of License to Access Services.

Your use and access to our Services and the Content hereon constitutes a personal, non-transferable, non-assignable, royalty-free, revocable, limited and temporary license ("License") to use our Services subject to these Terms. Your limited License to use our Services is ongoing and continues until you cease using our Services, as determined by us in our sole discretion, or until your License or ability to use our Services is terminated or restricted by us.

3. User Account.

You are able to create an Account to use our Services which will allow you to save your Heads and Templates according to these Terms. If you choose to create an Account with us, then you agree (a) to provide true, accurate, current and complete information about yourself as prompted by our registration form, and (b) to maintain and promptly update the information you provide to us in order to keep your Account true, accurate, current and complete. You agree that we are able to terminate, suspend, or restrict your Account according to these Terms. It is your obligation to maintain and control passwords to your Account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any unauthorized uses of your user name and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your security obligations.

4. Content.

(a) By Us. All Content on our Services, or obtained from a Linked Site (defined below) are provided to you "AS IS". Any statements made by us and available through our Services are opinions only. We expressly disclaim all liability related to the accuracy or reliability of any opinion, advice, or Content on our Services or reliance on any of the aforementioned. The information published on our Services may include inaccuracies or typographical errors. We do not warrant or represent that the Content available through our Services is complete or up-to-date.

(b) Linked Sites. Our Services link to other sites by allowing you to leave our Website to access third-party material or by bringing third-party material into our Website via "inverse" hyperlinks and framing technology (a "Linked Site"). We have no discretion to alter, update, or control the Content on a Linked Site. The fact that we have provided a link to a site is not necessarily an endorsement or affiliation with respect to such Linked Site, its owners, or its providers.

(c) Posted by You.

  • (i) You understand and agree that the quality of your Heads and Templates depends on the quality of the resolution of the image you upload. We are not responsible for your dissatisfaction due to less than desirable image quality
  • (ii) You are solely responsible for and retain all rights in the Content that you communicate to us or transmit to other Users and/or Post. However, you agree that you will not: (A) Post Content containing adult nudity or inappropriate child nudity; (B) Post Content images of people who have not given permission for their images to be uploaded to our services; (C) Post content that infringes on the intellectual property rights of others; (D) use our Services for the sale of goods or services; and/or (E) Post any objectionable Content as determined by us in our sole discretion, including but not limited to Content containing hate or malicious material or material inciting or advocating terrorism or violence.
  • (iii) In addition to and without limiting any other Section of these Terms, any Content Posted you (for the purposes of this Section 4(c)(iii) only, "User Posted Content") shall be subject to the following conditions:

(A) You will retain ownership of such User Posted Content, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Posted Content, as determined by us.

(B) While you retain ownership of your User Posted Content, you agree any template or layout in which you arrange or organize such User Posted Content through tools and features made available through any of our Services are not proprietary to you, and the rights to such template or layout will remain with us.

(C) You represent and warrant that you own or otherwise possess all necessary rights with respect to your User Posted Content, and that your User Posted Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that your User Posted Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.

(D) You consent to the use of your likeness, and you represent and warrant that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Posted Content to use such individual's likeness, for purposes of using and otherwise exploiting User Posted Content in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Posted Content.

(E) You agree that we may (but are not obligated to) filter any User Posted Content (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Posted Content and/or disclose any User Posted Content and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.

(F) We may remove User Posted Content from our Services for any reason or no reason, as determined by us; however, we have no obligation to remove User Posted Content in response to User reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any User Posted Content from our Services. We recommend Users keep back-up copies of your User Posted Content on your hard drive or other personal system.

(d) Posted by Users or Others. We do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through our Services or by communication with you, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any product or service obtained from a Linked Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other Content available through our Website or Services.

(e) Intellectual Property.

  • (i) The trademarks, logos, and Website marks including the name 'PLACES FOR FACES', our logos, and other graphics ("PFF Marks") used by us are property of PFF and other parties. You are prohibited from using any PFF Marks for any purpose including, but not limited to use as keywords or metatags on other pages or Websites on the Internet without the written permission of PFF or such third party which may own the Marks. All information and Content owned by us and located on our Services is protected by copyright and your access to such information on our Services is strictly permitted through the License granted to you under these Terms. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through our Services purposes contrary to these Terms.
  • (ii) Infringement Claims. We respect the intellectual property rights of others. If you believe that the Content and/or the materials on our Services violate the Digital Millennium Copyright Act of 1998 (the "DCMA") or are infringing upon another's copyright, trademark or other intellectual property, you may send a written notice to us at CustomerCare@placesforfaces.com containing the following information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (C) a description of where the material that you claim is infringing is located on or available through our Services; (D) your address, telephone number, and email address; (E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (F) and a statement by you, made 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 the copyright owner's behalf.
  • (f) Content Storage. We currently allow Users to store their Heads, Templates, and other Content on our Services. Users can access saved Content by logging into their Account. You understand and agree that we may impose Content storage data limits on Accounts and/or remove Content from an Account as determined by us in our sole and absolute discretion. You further agree that we are not liable for any damages caused by our removal of any Content from our Services.

    5. Termination Restriction and Suspension of Account or License.

    (a) Termination. You have the right to terminate your License to use our Services and/or your Account at anytime and for any reason by notifying us in writing (email to CustomerCare@placesforfaces.com is acceptable). Such termination and removal of your Account will be effective within a commercially reasonable time after we receive notification of your desire to terminate your Account with us, and any outstanding Fees (defined below), if any, are settled. We retain the right to terminate, restrict, kick, or suspend your Account and/or your License to use or access our Services at any time in our absolute and sole discretion, without prior notice, for any reason or no reason. Should we elect to take any of the aforementioned actions, your License and/or your Account shall automatically be revoked. Failure to comply with these Terms or any of our Policies constitutes a breach of these Terms which may result us kicking, restricting, suspending, or terminating your Account and/or your License to use our Services. Failure to address any said breach caused by you or another party does not waive our right to act on similar breaches.

    (b) After Termination. Upon termination of your License for any reason, you agree not to browse, use, or otherwise access our Services in any way. You agree that we may take any measures we deem necessary to prevent you from using our Services, including by blocking your IP address. You agree that after termination of your License, we are not obliged to retain or provide to you any Content or personally identifying information which was collected by us, but we may elect to do so in our sole discretion.

    6. Payment and Refunds.

    (a) We charge a fee to Users per Template of Heads created and downloaded using our Services ("Fee(s)"). You agree to pay us the Fees then in effect, and you authorize us to charge your chosen payment method in connection therewith. In connection with any Fees paid by you to us for Services, whether you pay any such funds to us via PayPal or otherwise, you agree: (i) to only provide valid and current payment information (ii) that we may use the tools, software or services of our payment processors to process transactions on our behalf; and (iii) that you agree to promptly pay all amounts due upon demand. We are not responsible or liable for any activities or conduct of our payment processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of our payment processor.

    (b) You understand and agree that we offer no refunds of Fees for any reason whatsoever. However, notwithstanding the preceding sentence, we reserve the right to refund all or part of Fees paid to us, if we, it our absolute and sole discretion, determine that such action is necessary or desirable.

    7. Additional Use Restrictions.

    Our Services are intended to be used only for lawful purposes. You may not use (or plan, encourage or help others to use) our Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. It is your responsibility to ensure that your use of our Services complies with these Terms. In using our Services, you agree at all times that you shall not: (a) copy, distribute, or modify any part of our Services without our prior written authorization; (b) Posting inappropriate, inaccurate, or objectionable Content to our Services; (c) transmit any Content which contains software viruses, or other harmful computer code, files or programs; (d) Post Content that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (e) make threats or use profanity; (f) harass, stalk or intimidate other Users; (e) manipulate or exclude identifiers in order to disguise the origin of any Content; (g) Post personally identifying information about yourself or other others to us or on our Services (if you Post this information about you or others, it will be public information and we are not responsible for how others may use it); (h) disrupt the networks connected to our Services, including but not limited to by: attempting to probe, scan or test the vulnerability of our Services, attempting breach security or authentication measures without proper authorization, or attempting to interfere with our Services or a User, by means such as overloading, "flooding", "mailbombing" or "crashing."; (i) circumvent, disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of our Services; (j) collect Content, personally identifying information, and/or other information from our Services, or otherwise access our Services, by using any automated means, including without limitation, "robots," "spiders" "scrapers" and "offline readers," without our prior written approval which we may revoke at any time; (k) use any communications systems provided by our Services to send unsolicited or unauthorized commercial communications, including without limitation by email, SMS, MMS, or any other means; (l) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on our Services; or (m) use our Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.

    8. Dispute Resolution.

    In the event that any dispute arises with respect to these Terms or any of our Policies, which are incorporated by reference herein, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Carry County, North Carolina, and at our option, such arbitration shall be before a single arbitrator selected in our sole and absolute discretion. In the event we elect not to require that a dispute arising hereunder be submitted to binding arbitration, any such dispute shall nevertheless be litigated in the State courts located in Carry County, North Carolina or in the Federal U.S. District Court for the Eastern District of North Carolina, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys' fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of our Services. By using our Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in Carry County, North Carolina or in the Federal U.S. District Court for the Eastern District of North Carolina, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    9. DISCLAIMERS.

    (a) THIS WEBSITE AND THE MATERIALS, PRODUCTS, CONTENT, AND/OR SERVICES PROVIDED BY US ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PFF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, QUIET ENJOYMENT, SECURITY, AND ACCURACY. PFF DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVER THAT MAKE SOUR WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PFF DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION, PRODUCTS, CONTENT, OR MATERIALS ON THIS WEBSITE OR AVAILABLE THROUGH OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

    10. Limitation of Liability.

    PFF shall not be liable for any lost profits or any incidental, direct, indirect, special, collateral, consequential, exemplary, or punitive damages, resulting from or arising out of, under, or relating to the use or inability to use our Website or Services, including without limitation damages related to any information received from the Website or Services; removal of Content from the Services, any message of any type distributed to any User; any Linked Site or use thereof; any termination of your Account or ability to access our Website or Services; the failure of performance, error, omission, interruption, defect, delay in operation of our Services; computer viruses or line or system failure; data loss; even if we, or our representatives, are advised of the possibility of such damages, losses or expenses. You expressly agree that in no event shall PFF be liable to you or any other person for any amounts, judgments, or damages which exceed the greater of (a) the total amounts paid by you in the one (1) month prior to the event giving rise to the claim or cause of action or (b) hundred twenty-five dollars and no cents ($125.00). You agree that without these limitations on our liability we would not be able provide Services to you and that these limitations shall apply even if it would cause your remedies under these terms to fail of their essential purpose.

    11. Indemnification.

    You agree to indemnify, defend, and hold harmless PFF, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers (if any) from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; your activities in connection with obtaining any products or services from us; any activity related to access to or use of your Account by you or any other person; alterations of, loss of, or unauthorized access to any Content or other information sent or received or not sent or received by you or us; any infringement of a third party's rights (including but not limited to copyright infringement) by you or us relating to our use of Content Posted to our Services by you; any Content Posted by you; inaccurate, untimely, incomplete or misleading Content, including without limitation with respect to registration, of your Account; misstatements and/or misrepresentations by you; your reliance on any statement made by us or Users though our Services; any accidental or improper disclosure of Personal Data by us; and any violation by you of these Terms or any of our other Policies.

    12. Choice of Law.

    These Terms, our Privacy Policy, and any other Polices are governed by the laws of the state of North Carolina and of the United States of America, and without regard to conflicts of law principles. In the event of a conflict between these Terms and any provision of our Policies, these Terms shall control.

    13. Severability.

    If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

    14. Compliance.

    You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of our Website and Services.

    15. Entire Agreement; Modification.

    These Terms together with our Polices any other document referenced herein, constitute the entire understanding between PFF and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms or our Polices at any time in our sole discretion. We will notify you about changes to these terms by sending a notice to the email address registered in your Account, or by placing the updates on our Website. Changes will go into effect 5 days after we notify you. You should periodically check our Website for updates. You agree that your use of our Services after such effective date will constitute acceptance by you of such changes.

    16. Feedback.

    Please send your comments, concerns, or questions to: CustomerCare@placesforfaces.com. While we encourage you to provide feedback, comments and questions, it is possible that we may not be able to respond to all feedback we receive.