TERMS OF SERVICE
You indicate acceptance of these terms by your continued use of Facetoon & Sticker Apps. (“Facetoon & Sticker Apps”, “We”, “Us” or “Our”) services (“Services”) which includes the Web site located at www.memeandsticker.com (the “Site”) and all Facetoon mobile phone applications (“Mobile”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. Facetoon ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY Facetoon, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. The purpose of the Site and Mobile applications, owned and operated by Facetoon, is to provide photo editing and photo manipulation services. The Site and Mobile applications are accessed by you (“User” or “you”) under the following terms and conditions:
ACCESS TO THE SERVICES
Subject to the terms and conditions of this Agreement, Facetoon may offer to provide the Services, as described more fully on the Site and in Mobile, which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services and applications Facetoon performs for you, as well as the offering of any content on the Site and in Mobile. We may change, suspend or discontinue the Services at any time, including the availability of any feature, tool, database, or content. Facetoon may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Facetoon reserves the right, at its discretion, to modify these Terms and Conditions at any time by posting a notice on the Site, or by sending you a notice via e-mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You certify to Facetoon that if you are an individual (i.e., not a corporate entity) you are (a) of legal age to form a binding contract with Facetoon and (b) not barred from receiving the Services under the laws of any country including the country in which you are resident or from which you use the Services. The Services are not intended for children under 13 without the constant supervision of a parent or legal guardian. If you are under 13 years of age and not under the constant supervision of a parent or legal guardian, then please do not use the Services. You certify that you are legally permitted to use and access the Services, and you or your legal guardian take full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. Facetoon makes no claim that the Services may be lawfully viewed or that content may be downloaded from any country. Access to the Content (as defined herein) may not be legal by certain persons or in certain countries. If you access the Services you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. Facetoon will use reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Facetoon to minimize such disruption where it is within Facetoon reasonable control. YOU AGREE THAT Facetoon WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT. Facetoon retains the right to create limits on use and storage in its sole discretion at any time with or without notice. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access to or otherwise use the Services, including, without limitation, modems, devices, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Services and their contents are intended solely for the use of Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed in the Services, other than content developed or posted by User (“User Content”) including, but not limited to text, graphics, logos, photographs, images, illustrations and animations (“Content”) are the property of Facetoon and/or third parties and are protected by international copyright laws. As between you and Facetoon, however, you own and retain sole and exclusive right, title and interest in and to all of your User Content (subject only to the limited license therein granted to Facetoon under this Section 2). All trademarks, service marks, and trade names which appear in the Services (other than those appearing in any User Content) are proprietary to Facetoon and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Services are protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. You may not copy, modify, publish, transmit, upload, distribute, perform, display, or except as expressly provided in this Agreement, participate in the transfer or sale of, reproduce, or create derivative works based on, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content, and other items displayed in the Services for download, for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Facetoon, or from the copyright holder identified in such Content’s copyright notice. In the event you download software from the Services, including any files and images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to you by Facetoon for your personal use, and no title to the Software shall be transferred to you. Facetoon retains full and complete title to the Software and all intellectual property rights therein. You acknowledge and agree that if you use any of the Services to contribute User Content to them in such manner as to make it available to the public or for all users, or to permit third parties to contribute Content through your User account, Facetoon will have a non-exclusive, worldwide, royalty-free, transferable, sublicensable right, under all of your intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such User Content, and to allow third parties to do so in connection with the marketing or promotion of Facetoon, the Services by such third parties. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal. You warrant, represent and agree that you have the right to grant Facetoon and the Services the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another , (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, malware, adware, time bomb or other programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information , or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence. Facetoon reserves the right to remove any User Content from its Services, suspend or terminate your right to use the Services at any time at its discretion, or pursue any other remedy or relief available to Facetoon and/or the Services under equity or law for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Facetoon is concerned that you may have breached the immediately preceding sentence). You are responsible for all Content posted or developed under your username, including Content contributed by a third party whom you have authorized to post Content under your username (whether in the form of artwork, comments to a forum, or any other form). If you believe User Content residing in the Services infringes a copyright, please send us a message. Any comments, suggestions, or feedback relating to the Services (collectively “Feedback”) submitted to Facetoon shall become the property of Facetoon or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, mobile application, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of our Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will you use the Services to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Services or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Services, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you or others you have authorized to post Content under your account.
Facetoon has no special relationship with or fiduciary duty to you. You acknowledge that Facetoon has no control over, and no duty to take any action regarding: which Users gain access to the Services; which Content you access via the Services; what effects the Content (including any Content which is a derivative work of your User Content the creation of which you authorized) may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Much of the Content of the Services is provided by and is the responsibility of the User who posted the Content. Facetoon does not monitor the Content of the Services and takes no responsibility for such Content. You release Facetoon from all liability for your having acquired or not acquired Content through the Services. The Services may contain, or direct you to web pages or mobile applications containing information that some people may find offensive or inappropriate. Facetoon makes no representations concerning any content contained in or accessed through the Services, and Facetoon will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. ALTHOUGH Facetoon AND THE SERVICES WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE MATERIAL RESIDING ON THE SITE, NEITHER Facetoon NOR THE SITE IS RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE SITE. THE SERVICES, CONTENT, SITE, MOBILE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Facetoon MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SERVICES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY LAW, Facetoon DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT Facetoon IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED IN THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, ADWARE, MALWARE OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SERVICES; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.
THIRD PARTY WEBSITES
Users of the Services may gain access from the Services to third party sites on the Internet or applications in app stores through hypertext or other types of links in the Services. Third party sites are not within the supervision or control of Facetoon or its Services. Unless explicitly otherwise provided, neither Facetoon nor the Services make any representation or warranty whatsoever about any third party site or application that is linked to the Services, or endorse the products or services offered on such sites anв applications. Facetoon and the Services disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Services or Facetoon with respect to such sites and third party content.
REGISTRATION AND SECURITY
As a condition to using Services, you may be required to register with the Services and select a username and password. You shall provide us with accurate, complete, and updated registration information, including your e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (a) select or use as a username a name of another person with the intent to impersonate that person; or (b) use as a username a name subject to any rights of a person other than you without appropriate authorization. You shall be responsible for maintaining the confidentiality of your password. You are solely responsible for any use of or action taken under your password and accept full responsibility for all activity conducted through your account and agree to and hereby release the Services and Facetoon from any and all liability concerning such activity. You agree to notify Facetoon immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. The Services will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
You will indemnify and hold Facetoon, its directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Services, your violation of this Agreement, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Facetoon, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT.
Either party may terminate the Services at any time by notifying the other party by any means. Facetoon may also terminate or suspend any and all of the Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, and access to any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Facetoon or its Services, including without limitation any indemnification obligations contained herein.
WHAT INFORMATION WE COLLECT
We respect the privacy of every individual who uses our Services. We collect certain personal information that you voluntarily provide to us. For example, we collect your name, email address, user name, social network information and other information you provide us when you register, set up an account, contact us by e-mail or use our services. We may also obtain information from other companies and combine that with the information we collect on the Services; for example, when you link your account with Facebook, we might have access to your name and profile picture.
When you visit the Site, we automatically collect some information. Such information includes the type of browser you use, your browser’s language, access time or the website from which you linked to us. We also collect information about your computer’s operating system and information about your usage and activity on the Site. This information is only used to assist us in providing an effective service. We may, from time to time, supply the owners and operators of third party websites and mobile applications which have a link to our site or application with information about the number of users of our Site or Mobile. You cannot be identified from any of this information.
With your permission (on download or in the app), we may access and store the Content (your user name and photos) you provided while using our Mobile applications and Site. We may also edit stored photos, apply effects to them and use them to perform marketing activities. Yet we will show your photos or your edited photos solely to you (for example by sending you promotional e-mails you opted-in).
We may also collect information about others if you use our Services to upload, share and/or distribute Content that contains information about them, including their name, image and online contact information.
To use our Services, you should provide a photo prior to the event of photo editing. Since the processing requires Internet connection and is performed on our servers the photos are sent there through the encrypted connection. We use Secure Socket Layer technology to protect the privacy and integrity of the transmission process.
For non-registered users and users who don’t share their results within the Services, the original photos and results are automatically removed from our servers by two weeks after the last interaction. For registered users who share their results within the Services that provide special social network features, the shared content will be stored on the servers and shown within the Services unless a user either removes the images themselves or requests such a removal by contacting our support team.
Whenever you choose an effect that involves face manipulations we use special face recognition technologies to:
detect a face in a photo; find required facial key points (the set of points varies with the effect); and apply the effect to your photo. The detected key points may be kept along with the photo on the servers of our providers for up to two weeks from the last interaction with the photo. The only purpose of this is to speed up any further processings of the same photos.
We may store some information locally when you visit the Site or use Services. This information facilitates your use of the site or Sevices, personalizes your experience, and helps us to remember your preferences. The information stored in a cookie provides features that recognize your account as logged on and other Site or Serveces features. We do not have any control over cookies which our advertisers or branded partners may use.
The technology that we use and the policies that we have implemented are intended to safeguard your privacy from unauthorized access and improper use. We will continue to update these measures as new technology becomes available. However, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. If you use a password on our Services, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused or your account compromised, please advise us immediately.
HOW WE USE YOUR PERSONAL INFORMATION
We use personal information and service data collected through the Services:
• to communicate with you or third parties; • to process your requests and transactions; • to improve the Services; • to customize the services and/or products we provide to you; • to assist with our product and service development; • to perform marketing activities; • to provide relevant advertising; • and for other purposes related to our business.
WITH WHOM WE SHARE YOUR PERSONAL INFORMATION
Personal information (and non-personal information) collected through the Services may be shared with companies and organizations that perform services on our behalf (for example, companies that provide data management or other support services to us such as data storage and Web hosting services). We may share your personal information (and non-personal information) with third parties to serve you relevant advertising (learn how advertising partners collect and use data) and market our products, but we won’t sell your personal information.
Also, we may disclose the personal information we collect through the Services when we, in good faith, believe disclosure is appropriate to:
comply with applicable law (e.g., in response to a valid court order or subpoena); prevent or investigate a possible crime, such as fraud or identity theft; enforce or to apply our Terms of Service and other agreements; to protect the rights, property or safety of us, our users or others; or to protect your vital interests. We do not disclose your images, which you have uploaded for editing and manipulation to any of the Services unless you provide explicit consent to show your images at our Site, Mobile and other Services, or at third party services.
MODIFYING YOUR INFORMATION — OPT-OUT/OPT-IN
We respect your right to make choices about the ways we collect, use and disclose your personal information. You may update or modify your information or change your privacy preferences at any time via our Services. You may opt out of receiving promotional communications from us, including, but not limited to, promotional emails, by clicking a special unsubscribe link in the e-mail or other Content from us. Transactional service communications (such as messages about your registration) are not subject to the foregoing opt-out procedures. Requests to disable your account or reset your password should be sent to email@example.com for faster processing.
LINKS, HOSTED SITES & ADVERTISERS We do not have any control over the privacy practices of any external websites linked from the Site or Mobile (or any of the websites that are hosted on our server and aren’t affiliated with us). Therefore you should review their privacy policies separately from ours and know that we in no way have any control over their practices.