These "Terms" govern your access and use of the Facehub mobile phone applications ("Apps" or “Facehub Services”).
If you do not agree to all of the terms and conditions of these Terms, or you do not have such authority, or you do not meet the eligibility requirements, you should cease any and all access or use of the Facehub Services.
Facehub hereby grants you a non-exclusive, non-transferable, revocable, limited license, without the right to grant or authorize sublicenses, to use the Facehub Services, provided that you will use the Facehub Services only as permitted by these Terms.
You understand and agree that:
We reserve the right, for any reason and without notice at any time, to:
Your content is yours. Facehub does not claim any ownership rights in the Content that you, other users, or third parties upload, edit, keep, display or share on or through the Facehub Services (collectively, "User Content").
Saving and Sharing. The Facehub Services allow you to (1) keep Content private by only saving to your phone camera roll or (2) share your Content with third-party services like Instagram, Facebook, and others.
Hardware, Software, and Modification Except for User Content, Facehub owns the actual bits and bytes of data on its servers. You have no property or other interest in those bits and bytes, or to any Facehub servers, infrastructure, or the Services we offer. Also, Facehub performs technical functions necessary to offer the Facehub Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Facehub Services.
Facehub Content. The Facehub Services contain Content owned by Facehub and its licensors (collectively the "Facehub Content"). Facehub Content is protected by copyright, trademark, patent, trade secret and other laws, and Facehub and its licensors own and retain all rights in the Facehub Content and Facehub owns and retains all interest and rights in and to the Facehub Services. Facehub hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to reproduce and display the Facehub Content (excluding any software code) for your non-commercial personal use solely in connection with your use of the Facehub Services. This means that you can make your own Content that uses certain Facehub Content and use it for non-commercial purposes, but you may not use the Facehub Content specifically in other programs or applications. This applies even if you "buy" Facehub Content or other Content –when you purchase Facehub Content, you receive a personal non-commercial license to use the Content;
You do not own Facehub Content.
Certain Facehub Content may be subject to additional fees or charges. You acknowledge and agree that your purchase of any such Facehub Content is restricted to the purchase and sale of a license to such Facehub Content and shall not convey ownership of any such Facehub Content or intellectual property rights to you.
Do not steal anyone's Content. You must observe copyright and other intellectual property laws of the United States and your country. You may not copy someone else's work and display it elsewhere, or claim it as your own, or make a small change and claim it as your own, etc. Except as provided within this Agreement and under intellectual property laws, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Facehub Content or User Content or any other third-party Content appearing on or through the Facehub Services except as expressly permitted by the holder of the rights in that Content. You represent and warrant that:
You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Facehub Services being in violation of this section.
Advertising. Some of the Facehub Services are supported by advertising revenue and may display advertisements and promotions. You agree that Facehub may place advertising and promotions on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
In-app purchases. The Facehub Services may include virtual strings or services that can be licensed for a fee, typically via an in-app purchase ("Purchased Services"). You may only license Purchased Services if you are over 18 years old, and only on a limited, personal, non-transferable, non-sublicensable and revocable basis for non-commercial use only. If you deactivate your account, you will no longer have access to previously Purchased Services even if you later re-activate your account or create a new account. Facehub reserves the right to manage, regulate, control, modify, or eliminate Purchase Services at any time. Upon the Purchased Services being made available to you, Facehub's obligations to provide Purchase Services are deemed fulfilled, and Facehub makes no representation that Purchased Services will be available to the purchaser for any length of time nor that the Facehub Services will continue to support Purchased Services. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT FACEHUB IS NOT REQUIRED TO PROVIDE A REFUND FOR PURCHASED SERVICES FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PURCHASED SERVICES, WHETHER YOUR LOSS OF LICENSE WAS VOLUNTARY OR INVOLUNTARY.
Facehub specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Facehub Services any material that infringes any proprietary rights of any person or entity, including copyrights. Facehub will remove any and all Facehub Content or User Content if properly notified that such Facehub Content or User Content infringes another's intellectual property rights. Facehub Inc. respond to notices of copyright infringement in compliance with the Digital Millennium Copyright Act and have a policy of terminating repeat infringers in appropriate circumstances.
The Facehub Services may contain links to independent third-party websites and services (collectively, "Third Party Sites"). Third Party Sites are not under Facehub's control, and Facehub does not endorse, is not responsible for, and shall have no liability to you with respect to the business practices, privacy practices, or content including, without limitation, any and all materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Third Party Sites. If you access any Third Party Site, you acknowledge and agree that you do so at your own risk and that it is your responsibility to read and understand the privacy, membership, payment and other policies of the Third Party Sites and to determine whether or not you will have any interaction with any of those sites.
THE FACEHUB SERVICES AND FACEHUB CONTENT ARE PROVIDED ON AND "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FACEHUB MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE FACEHUB SERVICES; (B) THE FACEHUB CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FACEHUB OR VIA THE FACEHUB SERVICES. FACEHUB HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTORY PURPOSE.
FACEHUB DOES NOT REPRESENT OR WARRANT THAT THE FACEHUB SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT USER CONTENT MARKED AS PRIVATE WILL NOT BECOME PUBLIC; THAT DEFECTS WILL BE CORRECTED; OR THAT THE FACEHUB SERVICES ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. FACEHUB DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY USER CONTENT OR FACEHUB CONTENT) AVAILABLE ON OR THROUGH THE FACEHUB SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE FACEHUB SERVICES IS AT YOUR SOLE RISK. FACEHUB DOES NOT WARRANT THAT YOUR USE OF THE FACEHUB SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND FACEHUB SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU SPECIFICALLY ACKNOWLEDGE THAT FACEHUB DOES NOT ENDORSE ANY USER CONTENT OR OTHER THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER ARISING OR RESULTING FROM ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER CONTENT), INTERACTIONS BETWEEN USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FACEHUB, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, COST OF COVER, LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES WHATSOEVER ARISING OR RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENTDISPLAYED ON OR THROUGH THE FACEHUB SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE FACEHUB SERVICES, INCLUDING, WITHOUT LIMITATION, MAKING PRIVATE CONTENT PUBLIC OR ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE FACEHUB SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF FACEHUB SERVICES AND/OR ANY AND ALL PERSONAL, PRIVATE, AND/ OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FACEHUB SERVICES OR THROUGH THE FACEHUB SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE FACEHUB SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE FACEHUB SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING FACEHUB CONTENT OR USER CONTENT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT (INCLUDING USER CONTENT) OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FACEHUB SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FACEHUB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL P FACEHUB'S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE FACEHUB SERVICES, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00)FOR FACEHUB INC.. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in immediately preceding paragraphs above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in the Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in the Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
You acknowledge that Facehub does not control the interactions between any user and you, nor does Facehub control or monitor any User Content. You acknowledge and agree that Facehub does not assume any responsibility or liability for User Content generated by you or any user of the Facehub Services posted anywhere, including without limitation, personally identifiable information posted publicly, or the conduct of you or any user, and you bear the entire risk of your continued use of the Facehub Services, including your interactions with other users. You agree that Facehub will not be responsible for any claim, loss, liability, personal injury (including death), damage, cost or expense (including attorneys' fees), incurred as the result of or relating to any User Content, or any interactions with other users or third parties, including disputes between you and other users regarding User Content, user dissemination of your User Content or any other User Content, and any and all other disputes or conflicts arising from your use of the Facehub Services. If there is a claim or dispute between you and any other user or third party, Facehub is under no obligation to become involved. You understand and agree that Facehub is not responsible or liable in any way for any communication, actions, or conduct between you and other users. You, on behalf of you and your heirs, successors and assigns, hereby release and forever discharge Facehub, and its affiliates, employees, contractors, agents, successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to the Terms, your use of the Facehub Services, any User Content, or any of your interactions with other users or third parties. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree to defend (at Facehub's request), indemnify and hold Facehub and its affiliates, directors, officers, employees, contractors, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the Facehub Services or those conducted on your behalf): (i) your User Content or your access to or use of the Facehub Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Facehub in the defence of any claim. Facehub reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Facehub.
Although the Facehub Services may be accessible worldwide, Facehub makes no representation that the materials and/or content made available in connection with the Facehub Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Facehub Services from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Facehub Services is void where prohibited. BY ACCESSING OR USING THE FACEHUB SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE FACEHUB SERVICES.
Users may not download, use, export or re-export any materials or Content (including User Content and Facehub Content) posted or submitted on or through the Facehub Services or any software utilized or available in connection with the Facehub Services in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations and controls.
Facehub reserves the right to alter these Terms at any time in its sole discretion. If the alterations constitute a material change to these Terms, Facehub will notify you by posting the updated Terms to the Facehub Website. Your continued use of the Facehub Services after such notification of changes to the Terms will constitute your agreement and acceptance to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the Facehub Services. You agree to review the Facehub Website periodically for any such changes to the Terms.
Questions or Additional Information
Facehub Inc. locates at 1214 Grandview Ave Apt C Glendale, Ca 91201, USA. Facehub Inc. acts in accordance with the USA legislation.