Terms of Service

Welcome to Facefetti.com (the “Site”) owned and operated by (collectively, “Facefetti.com,” “we,” “our”, or “us”).  Facefetti.com provides online services, which enhance your Facebook experience such as Upload Your Own Layouts (collectively, the “Services”) through the Facefetti.com software applications, browser extensions and other online applications (collectively, the “Apps”).  The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site, the Services and/or the Apps.

IMPORTANT - PLEASE READ CAREFULLY:  THESE TERMS OF SERVICE (THE, “AGREEMENT”) NOT ONLY CONSTITUTE A LEGALLY BINDING TERMS AND APPLY TO YOUR USE OF FACEFETTI.COM, THE SERVICES AND/OR THE APPS BUT ALSO EXPLAIN THE FACEFETTI.COM BUSINESS MODEL.  WE STRONGLY BELIEVE THAT YOU SHOULD UNDERSTAND OUR BUSINESS MODEL BEFORE YOU DOWNLOAD OUR APPS OR USE OUR SERVICES.

BY ACCESSING, VIEWING, BROWSING, VISITING OR USING FACEFETTI.COM, THE SERVICES AND/OR THE APPS, YOU AGREE AND ACKNOWLEDGE TO BE BOUND BY THIS AGREEMENT, WHETHER YOU ARE A “MEMBER” (WHICH MEANS YOU HAVE INSTALLED AN APP OR A RELATED SERVICE) OR A “VISITOR” (WHICH MEANS THAT YOU SIMPLY BROWSE THE SERVICES OR USE THE SERVICES WITHOUT BEING REGISTERED AS A MEMBER).  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE SERVICES.  YOU MAY PRINT A COPY OF THIS AGREEMENT HERE.  WE RESERVE THE RIGHT TO MODIFY THE AGREEMENT AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING WITH THE SERVICES.  ALL MATERIAL MODIFICATIONS WILL APPLY PROSPECTIVELY ONLY.  YOUR CONTINUED USE OF THE SITE, THE APPS AND/OR THE SERVICES FOLLOWING ANY SUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND YOUR ACCEPTANCE OF THE AGREEMENT AS MODIFIED AND, IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE, THE APPS AND THE SERVICES.  THEREFORE, IT IS IMPORTANT FOR YOU TO REVIEW THIS AGREEMENT REGULARLY. 

ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO YOUR USE OF CERTAIN APPS AND/OR SERVICES OFFERED THROUGH THE SITE.  PLEASE REVIEW ALL SUCH TERMS AND CONDITIONS BEFORE YOU USE ANY OF THE SERVICES.

YOU AGREE NOT TO USE FACEFETTI.COM OR FACEFETTI SERVICES IN ANY WAY THAT COMPETES WITH THE SITE, THE APPS AND/OR THE SERVICES AND OUR TECHNOLOGIES. 

1.  Facefetti.com Business Model

We urge you to read the whole Agreement.  However, if you do not have the time to read through the entire document, please familiarize yourself with our business model, by reading this section carefully, before you download our Apps.

Our Apps are offered as free downloads from the Site.  However, being free does not mean that there are no conditions or restrictions attached to your use of these Apps.  On the contrary, these Apps are proprietary applications and made available to you subject to the terms and conditions of this Agreement and the end user license agreements, which may accompany these Apps.  Likewise, the Services may also be offered as a free service but remain subject to the terms and conditions of this Agreement and any additional service-specific terms and conditions, which we may make available to you.

When you download an App to use the Services, the App is downloaded on to your browser and acts as an extension to customize your Facebook experience by letting you upload your own background layouts.  However, the App sits on your browser and lets us access and collect your personal and social data including your age, gender, education, relationship status, residence, friends, preferences etc. from the home page of your Facebook account each time you visit your account.  We only access and collect the information that is available under the “Everyone” setting on your public profile and do not access your personal folders that you do not share publicly.  Additionally, the App enables us to track and gather information from your web browsing experience, i.e., the websites you visit, your use of these websites, etc.  Although we do not collect your personally identifiable information from your browsing experience, this browsing information is linked to the personal information collected from your Facebook account.  Effectively, we collect your information every time you use your browser.  However, at no point, do we collect your credit card information.  IF AT ANY TIME YOU WOULD LIKE TO UNINSTALL OUR APP, NORMAL UNINSTALL PROCEDURES CAN BE PERFORMED WITH THE BROWSERS’ SOFTWARE EXTENSION OR ADD-ON FUNCTIONALITY.

We use the personal and non-personal information that we collect to create your personal profile.  We share your personal profile, on a strictly anonymous basis, with advertising networks, survey companies, and other information providers.  These companies use your personal profile to personalize your online experience by targeting advertisements, surveys and information at you which is of your interest.  Needless to say that we get paid for letting such companies use your personal profile.  Some may say that your consideration for using the Services is your permission to let us access and gather your personal information.  However, we feel that this information gathering only helps us enhance your online experience without compromising your personal identity.  Moreover, it makes it possible for us to offer our Apps and Services at no additional charge.

We encourage you to read our Privacy Policy, which is incorporated by reference into this Agreement and describes our information collection, use and sharing policies in greater detail.

2.  General Usage
We grant you a limited license to use the Services for your personal non-commercial use in accordance with this Agreement, any instructions and guidelines posted on the Site and all applicable laws, rules and regulations.

We hereby grant you a limited, non-exclusive, non-transferable and non-sublicensable license to download and install the Apps onto your personal computer and use the Apps (in object code form) for the sole purpose of accessing and using the Services.  The Apps are not sold but licensed to you under the terms and conditions hereunder.  Except for the limited license expressly granted herein, you acknowledge and agree that we shall own all right, title and interest in and to the Apps, including without limitation all intellectual property rights therein.  The Apps are for your personal use and are not for resale or other transfer or disposition to any other person or entity.  In addition, you specifically agree not to: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Apps, or any part thereof; (b) attempt to derive the source code, audio library or structure of the Apps, or (c) sell, rent, lease, distribute, assign, sublicense, convey, transfer, pledge as security or otherwise encumber or transfer (including by loan or gift) the rights and licenses granted hereunder.

We reserve the right to discontinue any aspect of the Site, the Apps and/or the Services at any time.  We further reserve the right to terminate your license to use the Apps and/or the Services at any time and for any reason, or in the future, to charge for commercial usage.

3.  Services and User Responsibility
In order to use certain Services, you will have to register and create a unique, password-protected account with a username.  We may refuse to grant you, and you may not use, a username that is already being used by someone else, that impersonates another person, that belongs to another person (without that person’s prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion. 

You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times.  We reserve the right to suspend or terminate your registration, without warning, if you are found to have misrepresented any registration information.  You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security.  You will be solely responsible for safeguarding your password and also for any actions under your account, whether authorized by you or not.  We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You are solely responsible for your use of the Site, the Apps and/or the Services.  The Services may allow you to post or publish content to the Site such as text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials (collectively, “Your Content”) that may be viewed on, accessed through, or contributed to the Service.

You shall be solely responsible for Your Content and the consequences of submitting, publishing, and/or posting Your Content with the Services.  You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions for Your Content submitted, published, and/or posted through use of the Services or the Site.

You retain ownership rights in Your Content.  However, by submitting Your Content to the Site, you grant us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display, Your Content in connection with the Site and the Services and our (and our successors' and affiliates') business and for publication of Your Content through the Services pursuant to this Agreement.  You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, and display Your Content as permitted through the Services and under this Agreement.

You further warrant that Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.  We do not permit copyright infringing activities and infringement of intellectual property rights through the use of the Services, and we will remove Your Content, or any part thereof, if properly notified that such content infringes on intellectual property rights of a third party (see more in Digital Millennium Copyright Act and Infringing Material below).  We reserve the right to remove Your Content without prior notice.

4.  Facefetti.com Content
You acknowledge and agree that the Site uses and contains proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. 

You agree not to alter or modify any part of the Site, the Apps and/or the Services.  You agree not to distribute any part of the Site, the Apps and the Services or content offered by Facefetti.com but excluding Your Content (“Facefetti.com Content”) without our prior written authorization, unless we allow and provide means for such distribution through the Services.

Facefetti.com Content is provided to you AS IS.  You may access Facefetti.com Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under this Agreement.  You shall not copy, reproduce, download, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Facefetti.com Content, except as allowed with the Services, without our prior written consent.  We and our licensors reserve all rights not expressly granted in and to the Services and the Facefetti.com Content.  You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Facefetti.com Content or enforce limitations on use of the Services or the Facefetti.com Content therein. 

We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to Facefetti.com Content featured with the Services, and the Facefetti.com Content does not represent our advice, views, opinions or beliefs.  In accessing Facefetti.com Content through use of the Services you may be exposed to content from a variety of sources, wherein you may consider certain portions to be inaccurate, offensive, or inappropriate.  You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to such content, and, to the extent permitted by applicable law, agree to indemnify and hold harmless us, our owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Site, the Apps and/or the Services.  Additionally, the Services and/or the Facefetti.com Content may feature links to third-party websites not owned or controlled by us.  The inclusion of a link to a third-party website does not imply any endorsement by, or affiliation with, us.  Further, we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites featured with the Services and/or Content and cannot modify the content of any such third-party website. By using the Services, you expressly release us from any and all liability arising from your use of any third-party website featured with the Services and/or Facefetti.com Content.

5.  Termination
We will terminate your access to the Site and/ or the Services if, under appropriate circumstances, you are determined to be a repeat infringer of others’ intellectual property rights and/or engage in other activity in violation of this Agreement.  We further reserve the right to decide whether Your Content violates this Agreement for reasons other than copyright infringement, such as, but not limited to, submitting Your Content featuring pornography, obscenity, or other such inappropriate material.  We may at any time, without prior notice and in its sole discretion, remove such content and/or terminate your account for submitting such material in violation of this Agreement.

6. Digital Millennium Copyright Act and Infringing Material

As a matter of policy, we respect the rights of copyright owners to control the uses of their intellectual property and require our users to do the same.  It is our policy to comply with the Digital Millennium Copyright Act (“DMCA”) or any equivalent law.  We reserve the right to: (i) block access to, or remove material that we believe, in good faith, infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers.

Uploading copyrighted material such as copyrighted photographs, art, text, and screenshots in violation of applicable copyright law violates this Agreement. We do not monitor Your Content for this type of activity.  However, complaints submitted to us by copyright holders or their agents in compliance with the DMCA are taken seriously and may result, in our sole discretion, in removal of Your Content deemed to be infringing, termination of your use of the Services, plus fines or other legal action brought by copyright holders and their agents.

DMCA Complaint

You acknowledge that if you fail to comply with the above requirements for the DMCA complaint, your DMCA complaint may be rendered invalid.

Copyright Agent

Counter-Notice


Other Provisions.

7.  Additional Intellectual Property
The trademarks, service marks, and logos featured with the Services and the Site, including, without limitation, Facefetti.com and the Facefetti design (collectively, the “Marks”), are owned by or licensed to us, subject to trademark, copyright, and other intellectual property rights under the law and may only be reproduced as provided in this Agreement and/or with our express prior written permission.  Other trademarks that appear on the Facefetti.com website that are not owned by or licensed to us (e.g., trademarks associated with third-party websites shown with links featured on the Services) are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

8. Privacy Policy
Acceptance of these Terms of Service constitutes acceptance of our Privacy Policy, which can be seen www.facefetti.com/privacy.  If you do not agree to the Privacy Policy or this Agreement, please discontinue using the Site, the Apps and the Services Services.

9. No Warranty and Limitation of Liability 
WE PROVIDE THE SITE, THE APP AND THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  YOU AGREE THAT YOUR USE OF THE SITE, THE APPS AND/OR THE SERVICES SHALL BE AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, MEMBERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SERVICES.  WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

You understand and agree that your use of the Site, the Apps and/or the Services is at your own discretion and risk and that you will be solely responsible for any damages that arise from such use including, without limitation, for loss of data and or any type of malfunction to your computer.  IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, MEMBERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SITE, THE APPS AND/OR THE SERVICES AND ANY (I) ERRORS AND OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR UNSECURED AND SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT 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.

YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE SITE, THE APPS AND/OR THE SERVICES OR WITH US SHALL BE TO TERMINATE USE OF THE SITE, THE APP AND THE SERVICES.

The Services are controlled and offered from our facilities in the United States of America and we make no representations that the Services are appropriate or available for use in other locations.  Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our parent corporation, owners, members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site, the Apps and/or the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Services.

11.  Ability to Accept Agreement
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these Terms of Service.  In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services.

12. General
You agree that: (i) the Services shall be deemed solely based in Texas; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Texas.  This Agreement shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles.  Any claim or dispute between you and us that arises in whole or in part from this Agreement shall be decided exclusively by a mutually agreed upon arbitrator located in the jurisdiction of Harris County, Texas.  YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE APPS AND/OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

This Agreement, together with the Privacy Policy, any other service-specific terms and conditions and guidelines and legal notices published by us regarding the Site, the Apps and/or the Services, shall constitute the entire agreement between you and us concerning your use of the Site, the Apps and/or the Services.  If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

You acknowledge that neither this Agreement, nor your use of the Site, the Apps and/or the Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us and you.   

QUESTIONS AND COMMENTS 

If you have any questions or comments about this Policy, you may contact us at:

Facefetti
15500 SW Jay Street
Beaverton, OR 97006
legal@facefetti.com