Last updated September 8, 2009
TERMS OF SERVICE
myUface Terms of Service
myUface Inc. ("myUface") welcomes you. myUface provides the myUface Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.myUface.org/pg_tos.php. By accessing and using the myUface Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular myUface owned or operated services, you and myUface shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. myUface may also offer other services that are governed by different Terms of Service.
myUface provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "myUface Services"). You also understand and agree that the myUface Services may include advertisements and that these advertisements are necessary for myUface to provide the myUface Services. You also understand and agree that the myUface Services may include certain communications from myUface, such as service announcements, administrative messages and the myUface Newsletter, and that these communications are considered part of myUface membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current myUface Services, including the release of new myUface properties, shall be subject to the TOS. You understand and agree that the myUface Services is provided "AS-IS" and that myUface assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the myUface Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the myUface Services.
You understand that the technical processing and transmission of the myUface Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that myUface has created certain areas on the myUface Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
In consideration of your use of the myUface Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the myUface Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the myUface Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or myUface has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, myUface has the right to suspend or terminate your account and refuse any and all current or future use of the myUface Services (or any portion thereof).
You will receive a password and account designation upon completing the myUface Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify myUface of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. myUface cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not myUface, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the myUface Services. myUface does not control the Content posted via the myUface Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the myUface Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will myUface be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the myUface Services.
You agree to not use the myUface Services to:
You acknowledge, consent and agree that myUface may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of myUface, its users and the public.
You understand that the myUface Services and software embodied within the myUface Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by myUface and/or content providers who provide content to the myUface Services. You may not attempt to override or circumvent any of the usage rules embedded into the myUface Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the myUface Services, in whole or in part, is strictly prohibited.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the myUface Services and transfer, posting and uploading of software, technology, and other technical data via the myUface Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the myUface Services to parties identified on such lists; (b) agree not to use the myUface Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the myUface Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
myUface does not claim ownership of Content you submit or make available for inclusion on the myUface Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the myUface Services, you grant myUface the following worldwide, royalty-free and non-exclusive license(s), as applicable:
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to myUface through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) myUface is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) myUface shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) myUface may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of myUface without any obligation of myUface to you; and (f) you are not entitled to any compensation or reimbursement of any kind from myUface under any circumstances.
You agree to indemnify and hold myUface and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the myUface Services, your use of the myUface Services, your connection to the myUface Services, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the myUface Services (including Content, advertisements, Software and your myUface ID).
You agree that myUface has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the myUface Services. You acknowledge that myUface reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that myUface reserves the right to modify these general practices and limits from time to time.
myUface reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the myUface Services (or any part thereof) with or without notice. You agree that myUface shall not be liable to you or to any third party for any modification, suspension or discontinuance of the myUface Services (or any part thereof).
You may terminate your myUface account, any associated email address and access to the myUface Services by submitting such termination request to myUface.
You agree that myUface may, without prior notice, immediately terminate, limit your access to or suspend your myUface account, any associated email address, and access to the myUface Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the myUface Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the myUface Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in myUface's sole discretion and that myUface shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the myUface Services.
Termination of your myUface account includes any or all of the following: (a) removal of access to all or part of the offerings within the myUface Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the myUface Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the myUface Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that myUface shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the myUface Services.
The myUface Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that myUface is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that myUface shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the myUface Services and any necessary software used in connection with the myUface Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the myUface Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by myUface or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the myUface Services, such Content or the Software, in whole or in part.
myUface grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the myUface Services. You agree not to access the myUface Services by any means other than through the interface that is provided by myUface for use in accessing the myUface Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE myUface SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE myUface SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT myUface AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF myUface HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE myUface SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE myUface SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE myUface SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
myUface may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the myUface Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the myUface Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the myUface Services in an authorized manner.
Entire Agreement. The TOS constitutes the entire agreement between you and myUface and governs your use of the myUface Services, superseding any prior version of this TOS between you and myUface with respect to the myUface Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other myUface services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and myUface each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and myUface, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and myUface agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of myUface to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your myUface account is non-transferable and any rights to your myUface ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the myUface Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Last updated September 8, 2009