Last Updated: Januar 11th, 2015
In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the service, feature, or functionality.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WHY THE FACE APP WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Although these Terms form a proper legal contract—and inevitably read like a proper legal contract—the bulk of them are simply designed to ensure our users have fun. These Terms let us provide and continue to improve our Services, while at the same time ensuring that a few mean users don’t ruin the fun for everyone else. Your part in that is simple. Just use common sense: Keep sending awesome Facial impressions to your friends, and please don’t send Facial Impressions that they don’t want to receive.
Why The Face App is intended for people who are at least 13 years old. Persons under the age of 13 are prohibited from creating Why The Face users.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos and text (collectively, “User Content”). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. And you agree to abide by our Community Guidelines, which may be updated from time to time.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Why The Face App is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to Why The Face App, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the “User Content License”), subject to any privacy settings you have set to control who can see your User Content. No use of User Content, including without limitation, in accordance with the User Content License shall entitle you to any compensation from Why The Face App, or any other companies, organizations, or individuals.
You agree that any feedback, suggestions, ideas, or other information or materials regarding Why The Face App or the Services that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Why The Face App. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Why The Face App Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Why The Face App Content may violate such laws and these Terms. Except as expressly provided in these Terms, Why The Face App does not grant any express or implied rights to use Why The Face Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Why The Face Content, the Services, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, non-exclusive, non-sublicensable license to access and use the Services and Why The Face App Content. This license is revocable at any time. This license is subject to these Terms and does not include:
In addition to the other restrictions outlined in these Terms, you agree that you will not:
You further agree to abide by any third-party terms that apply to the Services or when posting reviews of Why The Face App, including the iTunes App Store Terms of Service, the Android Market Terms of Service and Windows Phone Store Market Terms of Service . Posting Why The Face App usernames in app store reviews is strictly prohibited and may result in us deleting your Why The Face App account.
After opening a Why The Face App account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the Why The Face App API. If you use any such application or client, you acknowledge and agree that Why The Face App will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
Why The Face App respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Why The Face App becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement at firstname.lastname@example.org.
To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Why The Face App to locate the material.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THE SERVICES AND THE WHY THE FACE APP CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WHY THE FACE APP ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
The Services are hosted in Denmark. If you are a user accessing the Services from the United States, European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from Danish laws, please be advised that through your continued use of the Services, which are governed by Danish law, you are transferring your personal information to Denmark and you consent to that transfer.
By agreeing to these Terms you agree to indemnify, defend, and hold harmless Why The Face App, our managing members, shareholders, employees, affiliates, licensors, and suppliers (the “Why The Face App Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
2) Limitation of Liability
Except where prohibited by law, in no event will Why The Face App or the Why The Face App Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Why The Face App has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Why The Face App for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Why The Face App is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Why The Face App’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH WHY THE FACE APP, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
4) Forum and Venue
A lawsuit, if any, by you or Why The Face App against the other will occur in state or federal court in Copenhagen, Denmark. You and Why The Face App agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and Why The Face App will be governed by these Terms and the laws of Denmark, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Why The Face App. These Terms do not create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Why The Face App account.
Why The Face App are more than happy to receive comments, questions, concerns, or suggestions. Please send feedback to us by visiting http://www.whythefaceapp.com or via email to email@example.com.