Here are the official terms of our agreement. They are important so take a moment to read them. Just scroll the window to read it.
THESE ARE THE TERMS OF OUR AGREEMENT WITH EACH OTHER. WHILE WE TRIED TO MAKE IT NOT TOO FULL OF LEGALESE, ALL OF IT IS IMPORTANT SO TAKE A FEW MOMENTS TO READ IT. BY ACCEPTING FACE FILE'S SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS.
This Terms and Conditions Agreement ("Agreement") identifies what you can expect from FaceFile, Inc. and its subsidiaries ("FaceFile") and what FaceFile expects from you. These terms and conditions apply to your purchase of any service offered by FaceFile.
If you do not agree, we can not allow you to subscribe or continue to use our service.
1. Description of our Service ("Service"): A. For individuals under eighteen (18) years of age it is suggested that you have our Service administered by a parent or legal guardian. B. Upon enrollment we will provide the following: (i) You, as our client, will be given 500mb of storage space for your Photos, files and digital information; (ii) Your information will be held securely without access to anyone but yourself and to those you select to have access to you account; (iii) Upon the need for Law Enforcement Organizations to access your information. They will be granted temporary accesses (30 days) without the need of a subpoena. The Law Enforcement Personal will not be given your Username and Password for your protection, but they will be granted “Backdoor” access through our secure server. C. For your own safety and security, you must be truthful with all the information you have in your account and are responsible to make updates to your personal whenever necessary. D. If you need professional assistance to help remediate damages caused by the failure or defect in our Service, we will arrange for, and cover the expense of, that assistance to be provided to you through persons or firms we select; we will not reimburse fees of professionals or other service providers unless we choose those providers for your particular matter. Any such professionals, if required or applicable, will be licensed in the jurisdiction where your particular matter resides. E. We will cure any failure or defect in our Service, resulting in damages you incur, subject to the terms of this Agreement as follows: F. If you use our service for any criminal or fraudulent purposes, your account will be cancelled immediately and you will be prosecuted to the full extent of the law.
2. Renewal: Your account will be automatically renewed for one month or one year, depending on the term you initially select, on the anniversary date of your enrollment.
3. Cancellation: There is no long-term commitment with FaceFile. You can cancel at any time by calling us at 800 (XXX-XXX) and notifying us of your intention to cancel. If you are an annual subscriber, we will refund any unused amount.
4. Privacy Policy: We respect your privacy. Please see on http://www.myfacefile.com/privacy or on the "TrustE" button on the home page of our website to review our Privacy Policy, the terms and conditions of which are incorporated into this Agreement. If you do not have access to the website location, please inform us so that we may provide you a hardcopy. You agree to accept the terms of the Privacy Policy as a condition of acceptance of this Agreement.
5. Information Sharing: In order to fulfill our services, FaceFile must provide your personal identifying information with third parties including, but not limited to: City, State, Federal Law Enforcement, or other law enforcement authorities as may become appropriate. You agree that FaceFile may provide your information to these third parties. Therefore, you waive any and all claims against FaceFile for the acts and omissions of these organizations with regard to the use or disclosure of such information. However, FaceFile will cover any resulting failures that arise from any misuse of your information whether or not attributable to acts of such third parties to the extent covered by the terms set forth in our Service Guarantee.
6. Refusal of Service: We will determine whether or not to accept you as a client and provide to you the Service, and we may refuse to provide to you our Service for any reason. These reasons include, but are not limited to the unavailability of the Service, and errors in the prices and descriptions pertaining to the Service.
7. Payment Terms/Taxes: Payment for the Service may be made by bank cards or other mutually agreed upon payment instrument. You are personally responsible for any applicable state and/or federal sales or other taxes that may be associated with the purchase of our Service.
8. Authorization: By accepting these terms and conditions, you expressly authorize FaceFile's authorized employees to: complete and execute on your behalf documents required to provide the Service; speak to parties on your behalf as required to provide the Service. In addition, in the event of, and as a condition to, you exercising your right to our Service Guarantee, you agree to execute a Limited Power of Attorney authorizing FaceFile's performance. Consistent with this Agreement, when you invoke our Service Guarantee, FaceFile shall promptly provide you such Limited Power of Attorney document and shall begin such assistance after we receive your executed Limited Power of Attorney authorizing our assistance.
9. Disclaimers and Limitation of Liability: FaceFile assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to FaceFile's web site. As noted above, and except as otherwise set out herein, we will not be liable for any special, incidental, indirect or consequential damages of any kind, nor any damages whatsoever other than as set forth in our Service Guarantee. FaceFile will not be liable for any failure or delay resulting from fire, explosion, flood, storm, act of God, government acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, Internet or telecommunications failure, or any other similar event beyond the reasonable commercial control of FaceFile.
10. Governing Law: This agreement and any Service provided hereunder will be governed by the laws of the state of Colorado, without regard to any Colorado laws that would direct the choice of another state's laws and, where applicable, to be governed by the federal laws of the United States. Subject to paragraph 12 (which provides for arbitration of claims between us to the maximum extent possible), you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the State of Colorado for any dispute or litigation arising out of, or relating to, the use or purchase of any Service from FaceFile, and waive any objection to the laying of venue of any such litigation in Colorado courts and agree not to claim that such litigation brought therein has been brought in an inconvenient forum; in other words, if we have a dispute, you agree to resolve it in an Colorado court.
11. Arbitration: Both you and we agree that any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service shall be settled by confidential arbitration , in accordance with the American Arbitration Association’s ("AAA") Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. In the event that the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will render a decision within fifteen days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any state or federal court. Although the cost of the arbitrator will be borne by FaceFile, all other expenses of arbitration will be paid by the party who incurred them. These expenses are not part of our Service Guarantee. In addition to, and separate and apart from, the above agreement to arbitrate any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service, you also agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
12. Change of Terms: We may revise this Agreement at any time. However, we may not make any changes retroactive. We will notify you of any changes at the e-mail address or mailing address associated with your account. If you do not contact FaceFile and express your objection to our changes within thirty (30) days of receiving this notice, you shall be deemed a continuing use client and agree to be bound by any such revisions. If you fail to comply with any of these terms and conditions, we may at any time terminate your rights under this Agreement at our sole discretion and without prior notice. 13. Indemnification: You agree to indemnify, defend and hold FaceFile and any of its affiliates and all of their agents, director
s, employees, information providers and licensors and licensees harmless from and against any and all liability and costs (including attorneys' fees and costs) incurred by any of these parties in connection with any claim arising out of any willful or intentional breach by you of these terms and conditions. In the event that either (a) you are the subject of claims for which you properly seek damages from us under these terms and conditions, or (b) we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims in clause (a) and at your expense in the case of claims in clause (b), to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without our written consent.
14. Trademarks, Copyrights and Restrictions: FaceFile and the FaceFile logo are trademarks of FaceFile, Inc. Everything you see in any promotional materials is copyrighted by FaceFile unless otherwise specified. All other product names and company logos found on promotional materials are the trademarks of their respective owners. All promotional materials are protected by copyrights, which are owned or licensed by FaceFile. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any FaceFile information without the express, written consent of FaceFile, Inc.
15. Miscellaneous: These terms and conditions may not be altered, supplemented, or amended by you by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for the Service which is subject to additional or altered terms and conditions will be null and void, unless agreed to in writing and signed by you and FaceFile. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference will be derived therefrom. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and shall not affect the enforceability of any other provision.
16. Description of your obligations: You agree that you are only providing your own personal information and not the information of any other individual. You agree that the information you provide during the registration process and any subsequent information you provide to FaceFile will be true, accurate, and current. YOU ARE OBLIGATED TO CONTACT FACE FILE CLIENT SERVICES IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED FACE FILE HAS CHANGED. You agree to comply with all applicable laws and regulations and that you are buying the Service for your own use only. You agree that you are eighteen (18) years of age or older. You agree to pay us the fee we publish for our Service, less any discounts to which you may be entitled.
17. Agreement Assent: YOU AND FACE FILE HAVE ENTERED INTO THIS AGREEMENT, WHETHER ELECTRONICALLY, BY RECORDED VOICE AUTHORIZATION, OR VIA PHYSICAL COPY, INTENDING TO BE BOUND BY YOUR ACCEPTANCE OF THE AGREEMENT. IN THE FUTURE, YOU AGREE TO BE BOUND TO THESE SPECIFIC TERMS AND CONDITIONS OF SALES, AND MODIFICATIONS TO THIS AGREEMENT, BY CONTINUING TO USE OUR SERVICE AFTER WE HAVE NOTIFIED YOU OF THOSE TERMS AND CONDITIONS. NOTIFICATIONS, OR ANY OTHER COMMUNICATIONS, INCLUDING BILLING, PAYMENT, AND/OR DISCLOSURES WILL BE MADE VIA THE MAIL, TELEPHONE, OR EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT. THIS AGREEMENT MAY BE PRINTED OR RETAINED BY YOU FOR FUTURE REFERENCE.
18. You may withdraw your acceptance of this agreement at any time by notifying FaceFile Client Services by phone or in writing. Upon notification of your withdrawal of acceptance, FaceFile will cancel your service.
19. Acknowledgment: The Agreement, including all documents referred to herein, represents the entire understanding between you and FaceFile regarding your relationship with FaceFile and supersedes any prior statements or representations. When using or purchasing the FaceFile Service, you agree to be bound by these terms and conditions. Thank you for your business.
4 February, 2008 Agreement of Terms I acknowledge that I have read and accepted the Terms and Conditions Agreement between myself and FaceFile.
