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