Terms and Conditions of Use
TuneFeed is powered by Faces.com, a web site service provided by Faces.com and its Affiliates
that allows you to interact with your entire network of friends, meet new friends
and explore their worlds (the “Service”). By accessing the Service you acknowledge
that you have read, understood, and agree to be bound by the following terms and
conditions, including any future modifications, as well as our
Terms of Sale,
Member Code of Conduct, and
Privacy Policy, which are incorporated into these terms
by this reference (collectively, the “Agreement”).
NOTE TO KIDS: THE FACES.COM SERVICE IS NOT FOR PERSONS UNDER THE
AGE OF 16. You must be 16 years of age or older to register as a member of the Service.
Table of Contents
Registration; Eligibility
By using the Service, you represent and warrant that you have the right, authority,
and capacity to agree to, and abide by, this Agreement. Service membership is void
where prohibited by law.
You must submit a valid, verifiable e-mail address and select a password and user
name when registering for the Service. You also agree, as part of the registration
process, to provide certain information about you as prompted - this information
must be current, complete, and accurate.
You are responsible for maintaining the confidentiality of your member name and
password and for all uses of your account - whether or not you've authorized such
use. You agree to notify Faces.com immediately of any unauthorized use of your account.
Faces.com reserves the right to delete accounts created by users who appropriate
the name, likeness, e-mail address, or other personally identifiable information
of another individual. Faces.com reserves the right to refuse access to the Service
to any user.
Term; Termination
This Agreement remains in full force and effect while you use the Service and/or
remain a member. You may cancel your membership at any time by using the cancel
membership page. Faces.com reserves the right to terminate your membership for any
reason, at any time.
Modifications
You agree that we may modify this Agreement (including the Terms of Sale, Privacy
Policy, and Member Code of Conduct) from time to time and such modification shall
be effective 30 days after being posting by Faces.com on the Service. You agree
to be bound to any such modifications.
Ownership; Proprietary Rights
The visual interfaces, graphics, design, compilation, information, computer code,
products, software, services, and all other elements of the Service (“Materials”)
are protected by United States copyright, trade dress, patent, and trademark laws,
international conventions, and all other relevant intellectual property and proprietary
rights, and applicable laws.
Except for the Content owned and posted to the Service by members, all
Materials are the copyrighted property of Faces.com or its subsidiaries or affiliated
companies and/or third-party licensors. All trademarks, service marks, and trade
names are proprietary to Faces.com or its affiliates and/or third-party licensors.
Except as expressly authorized by Faces.com, you agree not to sell, license, distribute,
copy, modify, publicly perform or display, transmit, publish, edit, adapt, create
derivative works from, or otherwise make unauthorized use of the Materials.
Member Posted Content
You agree to the following conditions regarding any content, messages, blogs, media,
photos, or profile information (collectively, “Content”) that you publish, post,
or display (hereinafter, “post”) on the Service:
- Faces.com may delete any Content that in its sole judgment violates this Agreement
or which might be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of members.
- Your profile must describe you as an individual - examples of inappropriate profiles
include profiles of animals, places, inanimate objects, fictional characters, or
a real individual who is not you.
- You are solely responsible for the Content that you post or transmit on the Services.
All photos uploaded to Faces.com remain property of their owners unless otherwise
specified.
You reserve all rights over your images even if they are
set as “Public”. Public images are simply viewable by anyone, this does not affect
your copyrights in any way. Many users do use a Creative Commons
license to allow more liberal sharing of their photos while still maintaining reasonable
copyright protection. To set the license level you wish to apply to your photos
and blog posts please use the
Photo Licencing page.
To operate the Service and display your photos as you request, intellectual property
laws require Faces.com to obtain from you a “license.”
As described above, you completely own your photos. However,
for these reasons, you grant to Faces.com a worldwide, non-exclusive,
fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable
license to use, reproduce, distribute, prepare derivative works of, display, and
perform your Content submissions in connection with the Service and Faces.com’s
(and its successor’s) business, including without limitation for promoting and redistributing
part or all of the Service (and derivative works thereof) in any media formats and
through any media channels.
You understand, and agree that, unless expressly stated, Faces.com in no way controls,
verifies, or endorses any of the Content on the Service, including links, events,
messages, message boards and members’ published listings.
You hereby agree that you will not: (i) submit material or content to Faces.com or
Tunefeed.com that is copyrighted, protected by trade secret or otherwise subject
to third-party intellectual property or proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have permission from
their rightful owner to post the material and to grant Faces all of the license
rights granted herein; (ii) submit material or content unless you own, or have
the necessary licenses, rights, consents, and permissions to use and to authorize
Faces and Face’s members to use your content submissions as contemplated by these
terms and in accordance with any applicable Creative Commons licenses;
(iii) publish falsehoods or misrepresentations that could damage Faces or any
third party; (iv) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law or is otherwise inappropriate;
(v) post advertisements or solicitations of business; or (vi) impersonate another person.
Faces.com DMCA Notification Guidelines
It is Faces’ policy to respond to notices of alleged copyright infringement that
comply with the Digital Millennium Copyright Act. For more information, please go
to Faces’ DMCA Notification Guidelines.
Faces will promptly terminate without notice any member’s access to the Faces Services
if that member is determined by Faces to be a “repeat infringer.” A repeat infringer
is a Member who has been notified by Faces of infringing activity violations more
than twice and/or who has had a member content submission or any other member-posted
content removed from the Faces Services more than twice.
General Practices Regarding
Use and Storage
You acknowledge that Faces.com may establish general practices and limits concerning
use of the Service including, without limitation, the maximum number of days that
messages or other uploaded Content will be retained by the Service, the maximum
number of messages that may be sent from or received by an account on the Service,
the maximum size of any message that may be sent from or received by an account
on the Service, the maximum disk space that will be allotted on Faces.com's servers
on your behalf, and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. Faces.com reserves the right
to restrict the number of messages which a member may send to other members in any
24-hour period to a number which Faces.com deems appropriate in its sole discretion.
You agree that Faces.com has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content maintained
or transmitted by the Service. You acknowledge that Faces.com reserves the right
to log off accounts that are inactive for an extended period of time. You further
acknowledge that Faces.com reserves the right to modify these general practices
and limits from time to time.
Links to Third Party Sites
Any third party web sites linked to from the Service are not controlled by Faces.com
and we are not responsible for the content of any linked site or any links contained
in it. All such sites are subject to the policies and procedures of their owners.
We encourage you to read those policies and know your rights.
Transactions with Third Party Organizations
or Individuals
Faces.com will not be liable for your interactions with any organizations and/or
individuals found through the Service. This includes, but is not limited to, payment
and delivery of goods and services, and any other terms, conditions, warranties
or representations associated with such dealings. These dealings are solely between
you and such organizations and/or individuals. You agree that Faces.com is not responsible
for any damage or loss incurred as a result of any such dealings. Faces.com is under
no obligation to become involved in disputes between participants on the site, or
between participants on the site and any third party. In the event of a dispute,
you release Faces.com, its officers, employees, agents and successors in rights
from claims, damages and demands of every kind, known or unknown, suspected or unsuspected,
disclosed or undisclosed, arising out of or in any way related to such disputes
and our Service.
Disclaimers
Faces.com is not responsible for any incorrect, inaccurate, OFFENSIVE, OR INAPPROPRIATE
Content posted on the SERVICE, whether caused by ANY USER OR MEMBER of the SERVICE
or by any of the equipment or programming associated with or utilized in the Service.
Faces.com is not responsible for the conduct, whether online or offline, of any
USER OR Member of the Service. Faces.com assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or alteration of,
user or Member communications.
Faces.com is not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer equipment,
software, failure of e-mail or players on account of technical problems or traffic
congestion on the Internet or at any web site or combination thereof, including
injury or damage to users and/or Members or to any other person's computer related
to or resulting from participating or downloading materials in connection with the
Web and/or in connection with the Service.
Under no circumstances will Faces.com be responsible for any loss or damage, including
personal injury or death, resulting from anyone's use of the Service, any Content
posted on the SERVICE or transmitted to Members, or any interactions between users
of the SERVICE, whether online or offline. the Service IS provided "AS IS" and Faces.com
expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Faces.com cannot guarantee and does not promise any specific results from use of
the Service. The Service may be temporarily unavailable from time to time for maintenance
or other reasons. No advice or information, whether oral or written, obtained by
A user from Faces.com or from the Service shall create any warranty not expressly
stated herein.
Limitations on Liability
Except in jurisdictions where such provisions are restricted, in no event will Faces.com
be liable to you or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including also lost profits arising from
your use of the Service OR NON-COMPLIANCE WITH THIS AGREEMENT, even if Faces.com
has been advised of the possibility of such damages. Notwithstanding anything to
the contrary contained herein, Faces.com's liability to you for any cause whatsoever,
and regardless of the form of the action, will at all times be limited to the amount
paid, if any, by you to Faces.com for the Service during the term of membership.
Governing Law; Jurisdiction
Your use of the Service and this Agreement will be governed by and construed in
accordance with the laws of the State of California, without giving effect to any
principles of conflicts of law. You agree that any action at law or in equity arising
out of or relating to this Agreement or the Service will be filed only in the state
or federal courts in and for Santa Clara County, California and you hereby consent
and submit to the personal jurisdiction of such courts for the purposes of litigating
any such action.
Indemnity
You agree to defend, indemnify and hold harmless Faces.com with respect to any and
all costs, claims, demands, investigations, liabilities, losses, damages, judgments,
settlements, costs and expenses, including attorneys' fees arising out of or in
connection with your use of the Service in violation of this Agreement and/or arising
from a breach of this Agreement and/or any breach of your representations and warranties
set forth above. Notwithstanding the foregoing, Faces.com retains the exclusive
right to settle, compromise and pay any and all claims, demands, proceedings, suits,
actions or causes of actions which are brought against Faces.com herein under the
terms and provisions of this section and in no event shall you settle any such claim
without Faces.com's prior written approval.
No Agency
The terms and provisions of this Agreement will not be interpreted as creating an
agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship
between Faces.com and any member of the Service. A member may not bind or obligate
Faces.com without its prior written consent.
Special Admonitions for International
Use
As a consequence of the global nature of the Internet, you agree to comply with
all local rules regarding user conduct on the Internet and acceptable content. Specifically,
you agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
Miscellaneous
This Agreement, accepted upon any use of the Service and further affirmed by becoming
a member of the Service, contains the entire agreement between you and Faces.com
regarding the use of the Service. This Agreement, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by Faces.com
without restriction. The failure of Faces.com to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect. The section titles in this Agreement are
for convenience only and have no legal or contractual effect. This Agreement will
remain in effect after your membership is canceled or terminated.
YOU AND FACES.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
SERVICE OR WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services hereunder are offered by Faces.com, located at 297 Kingsbury Suite D Lake Tahoe. NV 89449 ;
email: help@faces.com, fax: +61 7 3319
6359. If you are a California resident, you may have this same information emailed
to you by sending a letter to the foregoing address with your email address and
a request for this information. Our return and refund policy is described in our
Terms of Sale.
Faces.com is a trademark of Faces.com LLC