Shopping


Back to My-Face-Place.com

My-Face-Place.com Terms of Use Agreement July 22 2008 My-Face-Place.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by My-Face-Place.com ("My-Face-Place.com" or "we") include the My-Face-Place.com website (the "My-Face-Place Website"), the My-Face-Place.com Community messaging service, and any other features, content, or applications offered from time to time by My-Face-Place.com in connection with the My-Face-Place Website (collectively, the "My-Face-Place Services"). The My-Face-Place Services are hosted in the U.S. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the My-Face-Place Services. By using the My-Face-Place Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the My-Face-Place Website) or you are a "Member" (which means that you have registered with My-Face-Place.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the My-Face-Place Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the My-Face-Place Website and discontinue use of the My-Face-Place Services immediately. If you wish to become a Member, communicate with other Members and make use of the My-Face-Place Services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes My-Face-Place.com's policy for acceptable use of the My-Face-Place Services and Content posted on the My-Face-Place Website, your rights, obligations and restrictions regarding your use of the My-Face-Place Services and My-Face-Place.com's Privacy Policy. In order to participate in certain My-Face-Place Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the My-Face-Place Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@My-Face-Place.com, Subject: Terms of Use Agreement. My-Face-Place.com may modify this Agreement from time to time and such modification shall be effective upon posting by My-Face-Place.com on the My-Face-Place Website. You agree to be bound to any changes to this Agreement when you use the My-Face-Place Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on My-Face-Place.com and that you provide to other Users. Your My-Face-Place.com profile may not include the following items: street addresses, telephone numbers, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other My-Face-Place.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and My-Face-Place.com assumes no responsibility or liability for this material. If you become aware of misuse of the My-Face-Place Services by any person, please contact My-Face-Place or click on the "Report Inappropriate Content" link at the bottom of any My-Face-Place.com page. My-Face-Place.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the My-Face-Place Services at any time, for any or no reason, with or without prior notice, and without liability. Eligibility. Use of and Membership in the My-Face-Place Services is void where prohibited. By using the My-Face-Place Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the My-Face-Place Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age. Term. This Agreement shall remain in full force and effect while you use the My-Face-Place Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. My-Face-Place.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17. Fees. My-Face-Place.com Services are free however you acknowledge that My-Face-Place.com reserves the right to charge for the My-Face-Place Services and to change its fees from time to time in its discretion. If My-Face-Place.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify My-Face-Place.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Non-commercial Use by Members. The My-Face-Place Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by My-Face-Place.com. Illegal and/or unauthorized use of the My-Face-Place Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the My-Face-Place Website is prohibited. Commercial advertisements affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the My-Face-Place Services. Proprietary Rights in Content on My-Face-Place.com. My-Face-Place.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the My-Face-Place Services. After posting your Content to the My-Face-Place Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the My-Face-Place Services, you hereby grant to My-Face-Place.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the My-Face-Place Services. Without this license, My-Face-Place.com would be unable to provide the My-Face-Place Services. For example, without the right to modify Member Content, My-Face-Place.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, My-Face-Place.com could not allow Users to listen to music posted by Members. The license you grant to My-Face-Place.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to My-Face-Place.com), fully-paid and royalty-free (meaning that My-Face-Place.com is not required to pay you for the use on the My-Face-Place Services of the Content that you post), sub-licensable (so that My-Face-Place.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the My-Face-Place Services), and worldwide (because the Internet and the My-Face-Place Services are global in reach). This license will terminate at the time you remove your Content from the My-Face-Place Services. The license does not grant My-Face-Place.com the right to sell your Content, nor does the license grant My-Face-Place.com the right to distribute your Content outside of the My-Face-Place Services. You represent and warrant that: (i) you own the Content posted by you on or through the My-Face-Place Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the My-Face-Place Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the My-Face-Place Services. The My-Face-Place Services contain Content of My-Face-Place.com ("My-Face-Place.com Content"). Copyright, trademark, patent, trade secret and other laws protect My-Face-Place.com Content, and My-Face-Place.com owns and retains all rights in the My-Face-Place.com Content and the My-Face-Place Services. My-Face-Place.com hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the My-Face-Place.com Content (excluding any software code) solely for your personal use in connection with viewing the My-Face-Place Website and using the My-Face-Place Services. The My-Face-Place Services contain Content of Users and other My-Face-Place.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the My-Face-Place Services. Content Posted. My-Face-Place.com may delete any Content that in the sole judgment of My-Face-Place.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. My-Face-Place.com assumes no responsibility for monitoring the My-Face-Place Services for inappropriate Content or conduct. If at any time My-Face-Place.com chooses, in its sole discretion, to monitor the My-Face-Place Services, My-Face-Place.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the My-Face-Place Services, and any material or information that you transmit to other Members and for your interactions with other Users. My-Face-Place.com does not endorse and has no control over the Content. Content is not necessarily reviewed by My-Face-Place.com prior to posting and does not necessarily reflect the opinions or policies of My-Face-Place.com. My-Face-Place.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the My-Face-Place Services. My-Face-Place.com reserves the right to investigate and take appropriate legal action against anyone who, in My-Face-Place.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the My-Face-Place Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of My-Face-Place.com: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph of another person that you have posted without that person's consent; or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on the My-Face-Place Website and through your use of the My-Face-Place Services. My-Face-Place.com reserves the right to investigate and take appropriate legal action against anyone who, in My-Face-Place.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Member to buy or sell any products or services through the My-Face-Place Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the My-Face-Place Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, My-Face-Place.com reserves the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number which My-Face-Place.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the My-Face-Place Services, you acknowledge that you will have caused substantial harm to My-Face-Place.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay My-Face-Place.com $50 for each such unsolicited email or other unsolicited communication you send through the My-Face-Place Services; covering or obscuring the banner advertisements on your personal profile page, or any My-Face-Place.com page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the My-Face-Place Services or the networks or services connected to the My-Face-Place Services; attempting to impersonate another Member or person; for band profiles, copying the code for your My-Face-Place Player and embedding it into other profiles or asking other Members to embed it into their profiles; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the My-Face-Place Services in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the My-Face-Place Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or using the My-Face-Place Services in a manner inconsistent with any and all applicable laws and regulations. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of My-Face-Place.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to My-Face-Place.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the My-Face-Place Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the My-Face-Place Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. My-Face-Place.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Email: copyrightagent@My-Face-Place.com. Member Disputes. You are solely responsible for your interactions with other My-Face-Place.com Members. My-Face-Place.com reserves the right, but has no obligation, to monitor disputes between you and other Members. Privacy. Use of the My-Face-Place Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Disclaimers. My-Face-Place.com is not responsible for any incorrect or inaccurate Content posted on the My-Face-Place Website or in connection with the My-Face-Place Services, whether caused by Users of the My-Face-Place Services or by any of the equipment or programming associated with or utilized in the My-Face-Place Services. Profiles created and posted by Members on the My-Face-Place Website may contain links to other websites. My-Face-Place.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by My-Face-Place.com. Inclusion of any linked website on the My-Face-Place Services does not imply approval or endorsement of the linked website by My-Face-Place.com. When you access these third-party sites, you do so at your own risk. My-Face-Place.com takes no responsibility for third party advertisements which are posted on this My-Face-Place Website or through the My-Face-Place Services, nor does it take any responsibility for the goods or services provided by its advertisers. My-Face-Place.com is not responsible for the conduct, whether online or offline, of any User of the My-Face-Place Services. My-Face-Place.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, any User or Member communication. My-Face-Place.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 any email or players due to technical problems or traffic congestion on the Internet or on any of the My-Face-Place Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the My-Face-Place Services. Under no circumstances shall My-Face-Place.com be responsible for any loss or damage, including personal injury or death, resulting from use of the My-Face-Place Services, attendance at a My-Face-Place.com event, from any Content posted on or through the My-Face-Place Services, or from the conduct of any Users of the My-Face-Place Services, whether online or offline. The My-Face-Place Services are provided "AS-IS" and as available and My-Face-Place.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. My-Face-Place.com cannot guarantee and does not promise any specific results from use of the My-Face-Place Services. Limitation on Liability. IN NO EVENT SHALL MY-FACE-PLACE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MY-FACE-PLACE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY-FACE-PLACE.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 MY-FACE-PLACE.COM FOR THE MY-FACE-PLACE SERVICES DURING THE TERM OF MEMBERSHIP. U.S. Export Controls. Software available in connection with the My-Face-Place Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the My-Face-Place Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Disputes. If there is any dispute about or involving the My-Face-Place Services, you agree that the dispute shall be governed by the laws of the State of Mississippi, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Mississippi, City of Biloxi. Either My-Face-Place.com or you may demand that any dispute between My-Face-Place.com and you about or involving the My-Face-Place Services must be settled by arbitration utilizing the dispute resolution procedures of Arbitration & Mediation Services Located in, Biloxi, Mississippi USA provided that the foregoing shall not prevent My-Face-Place.com from seeking injunctive relief in a court of competent jurisdiction. Indemnity. You agree to indemnify and hold My-Face-Place.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the My-Face-Place Services 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 and/or if any Content that you post on the My-Face-Place Website or through the My-Face-Place Services causes My-Face-Place.com to be liable to another. Other. This Agreement is accepted upon your use of the My-Face-Place Website or any of the My-Face-Place Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and My-Face-Place.com regarding the use of the My-Face-Place Services. The failure of My-Face-Place.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: Contact My-Face-Place with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE Your User Submissions and Conduct A. As a My-Face-Place account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, My-Face-Place does not guarantee any confidentiality with respect to any User Submissions. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize My-Face-Place to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to My-Face-Place, you hereby grant My-Face-Place a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the My-Face-Place Website and My-Face-Place's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the My-Face-Place Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the My-Face-Place Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the My-Face-Place Service. You understand and agree, however, that My-Face-Place may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable. D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party 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 My-Face-Place all of the license rights granted herein. E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the My-Face-Place Community Guidelines, found at http://www.My-Face-Place.com/t/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. F. My-Face-Place does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and My-Face-Place expressly disclaims any and all liability in connection with User Submissions. My-Face-Place does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and My-Face-Place will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. My-Face-Place reserves the right to remove Content and User Submissions without prior notice. 7. Account Termination Policy A. My-Face-Place will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. B. My-Face-Place reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. My-Face-Place may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. 8. Digital Millennium Copyright Act A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent: with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. My-Face-Place's designated Copyright Agent to receive notifications of claimed infringement is: email: copyright@My-Face-Place.com, : . For clarity, only DMCA notices should go to the Copyright Agent:; any other feedback, comments, requests for technical support, and other communications should be directed to My-Face-Place customer service through. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Biloxi, Mississippi, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, My-Face-Place may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at My-Face-Place's sole discretion. 9. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE MY-FACE-PLACE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MY-FACE-PLACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MY-FACE-PLACE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 MY-FACE-PLACE WEBSITE. MY-FACE-PLACE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MY-FACE-PLACE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MY-FACE-PLACE 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. 10. Limitation of Liability IN NO EVENT SHALL MY-FACE-PLACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 MY-FACE-PLACE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS 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 MY-FACE-PLACE SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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. The Website is controlled and offered by My-Face-Place from its facilities in the United States of America. My-Face-Place makes no representations that the My-Face-Place Website is appropriate or available for use in other locations. Those who access or use the My-Face-Place Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 11. Indemnity You agree to defend, indemnify and hold harmless My-Face-Place, its parent corporation, 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 My-Face-Place Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the My-Face-Place Website. 12. Ability to Accept Terms of Service 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 these Terms of Service, 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 My-Face-Place Website is not intended for children under 13. If you are under 13 years of age, then please do not use the My-Face-Place Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. 13. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by My-Face-Place without restriction. 14. General You agree that: (i) the My-Face-Place Website shall be deemed solely based in California; and (ii) the My-Face-Place Website shall be deemed a passive website that does not give rise to personal jurisdiction over My-Face-Place, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and My-Face-Place that arises in whole or in part from the My-Face-Place Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms of Service, together with the Privacy Notice at http://www.My-Face-Place.com/t/privacy and any other legal notices published by My-Face-Place on the Website, shall constitute the entire agreement between you and My-Face-Place concerning the My-Face-Place Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and My-Face-Place's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. My-Face-Place reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the My-Face-Place Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MY-FACE-PLACE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MY-FACE-PLACE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- We Review Videos Flagged As Inappropriate Okay, this one is more about us than you. When a video gets flagged as inappropriate, we review the video to determine whether it violates our Terms of Use—flagged videos are not automatically taken down by the system. If we remove your video after reviewing it, you can assume that we removed it purposefully, and you should take our warning notification seriously. Take a deep breath, read our Terms of Use and try to see it from our perspective. If you find other videos on My-Face-Place with the same violations, please flag them so we can review them as well! Don't Cross the Line Here are some common-sense rules that will help you steer clear of trouble: My-Face-Place is not for pornography or sexually explicit content. If this describes your video, even if it's a video of yourself, don't post it on My-Face-Place. Also, be advised that we work closely with law enforcement and we report child exploitation. Please read our Safety Tips and stay safe on My-Face-Place. Don't post videos showing bad stuff like animal abuse, drug abuse, or bomb making. Graphic or gratuitous violence is not allowed. If your video shows someone getting hurt, attacked, or humiliated, don't post it. My-Face-Place is not a shock site. Don't post gross-out videos of accidents, dead bodies and similar things. Respect copyright. Only upload videos that you made or that you are authorized to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations. Read our Copyright Tips for more information. We encourage free speech and defend everyone's right to express unpopular points of view. But we don't permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity). There is zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from My-Face-Place. Everyone hates spam. Do not create misleading descriptions, tags, titles or thumbnails in order to increase views. It's not okay to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages. Please take these rules seriously and take them to heart. Don't try to look for loopholes or try to lawyer your way around them—just understand them and try to respect the spirit in which they were created. Violations of the Terms of Use may result in a warning notification or termination of your account. If your account is terminated you are prohibited from creating any new accounts. My-Face-Place is for the Community Remember that this is your community! Each and every user of My-Face-Place makes the site what it is, so don't be afraid to dig in and get involved! Have fun with the site. There's a lot here to see, and lots of folks making amazing stuff—one of them might be you! Equipment's getting cheaper and easier to use all the time, so dive in and enjoy. Let folks know what you think. Feedback's part of the experience, and when done with respect, can be a great way to make friends, share stories, and make your time on My-Face-Place richer. So leave comments, rate videos, make your own responses to videos that affect you, enter contests of interest—there's a lot going on and a lot of ways to participate here. You may not like everything you see. Some of the content here may offend you—if you find that it violates our Terms of Use, then click "Flag as Inappropriate" under the video you're watching to submit it for review by My-Face-Place staff. If it doesn't, then consider just clicking on something else—why waste time watching videos you don't like? The My-Face-Place Privacy Policy describes how My-Face-Place and its subsidiaries treat personal information when you use My-Face-Place services, including information provided when you use My-Face-Place. In addition, the following describes privacy practices specific to My-Face-Place. To understand how we treat the information you give us as you use My-Face-Place, you should read this policy and the My-Face-Place Privacy Policy. Personal Information Non-Account Activity. You can watch videos on My-Face-Place without having a My-Face-Place Account or a My-Face-Place Account. You can also contact us about a particular video without having a My-Face-Place Account or a My-Face-Place Account. Account-Related Activity. Certain other activities on My-Face-Place—like uploading videos, posting comments, flagging videos, or watching restricted videos—require you to have a My-Face-Place Account or a My-Face-Place Account. We ask for some personal information when you create a My-Face-Place Account or a My-Face-Place Account, including your email address and a password, which is used to protect your account from unauthorized access. A My-Face-Place Account allows you to access many of our services that require registration. Usage Information. We may record information about your usage, such as when you use My-Face-Place, the channels, groups, and favorites you subscribe to, the contacts you communicate with, the videos you watch, and the frequency and size of data transfers, as well as information you display or click on in My-Face-Place (including UI elements, settings, and other information). If you are logged in, we may associate that information with your account. We may use clear GIFs (a.k.a. "Web Beacons") in HTML-based emails sent to our users to track which emails are opened by recipients. Content Uploaded to Site. Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your playback or profile pages, etc.) becomes publicly available and can be collected and used by others. Uses If you submit personally identifiable information to us through the My-Face-Place Sites, we use your personal information to operate, maintain, and provide to you the general and personalized features and functionality of the My-Face-Place Sites, and to process any flagging activity or correspondence you send to us. Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the My-Face-Place Sites and other Users can contact you through messages and comments. Any videos that you submit to the My-Face-Place Sites may be redistributed through the internet and other media channels, and may be viewed by the general public. If you have enabled Active Sharing, other users may see that you, as identified by your account name (not your email address), are watching the same video. We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major My-Face-Place Site changes or for customer service purposes). We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the My-Face-Place Sites and to create new features, promotions, functionality, and services by storing, tracking, analyzing, and processing user preferences and trends, as well as user activity and communications. We use cookies, clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the My-Face-Place Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests. Information That is Publicly Available When you create an account on the site, some information about your account and your account activity will be provided to other Users of the site. This may include the date you opened your account, the date you last logged into your account, your age (if you choose to make it public), the country and the number of videos you have watched. Your account name (not your email address) is displayed to other Users when you engage in certain activity on the site, such as you upload videos or send messages through the My-Face-Place Sites. Other Users can contact you through messages and comments. You may also choose to add personal information that will visible to other Users on your channel page (which is the public facing page for your account on the site). This may include a profile picture, you name, gender, relationship status, or other details. If you choose to add certain features to your channel page, then these features and your activity associated with these features will be displayed to other Users and may be aggregated and shared with your confirmed friends or other Users. Such shared activity may include what videos you favorite, what videos you rated and what videos you have uploaded. Any videos that you submit to the My-Face-Place Sites may be redistributed through the internet and other media channels, and may be viewed by the general public. If you have enabled Active Sharing, other users may see that you, as identified by your account name (not your email address), are watching the same video. Your Choices You may, of course, decline to submit personally identifiable information through the My-Face-Place Sites, in which case you can still view videos and explore the My-Face-Place Sites, but My-Face-Place may not be able to provide certain services to you. Some advanced My-Face-Place features may, for authentication purposes, require you to sign up for other My-Face-Place services like My-Face-Place Checkout or AdSense. The privacy notices of those services govern the use of your personal information associated with them. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. You may clear your viewing history at any time through the "Viewing History" feature. You may control the information that is available to other Users and your confirmed friends at any time by editing your account and the features that are included on your channel page. Third-party Advertisers, Links to Other Sites My-Face-Place allows other companies, called third-party ad servers or ad networks, to serve advertisements within the My-Face-Place Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the My-Face-Place Sites. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see. My-Face-Place does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks My-Face-Place to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the My-Face-Place Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you. You should consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. My-Face-Place's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. Any data obtained by third-party ad servers subsequently shared with My-Face-Place is maintained and dealt with by My-Face-Place in accordance with this privacy policy. Currently, My-Face-Place has relationships with the following third-party ad servers or ad networks: Google Adsence http://www.google.com/intl/en/ads/ Commission Junction http://www.cj.com More Information My-Face-Place adheres to the US Safe Harbor privacy principles. For more information about the Safe Harbor framework or our registration, see the Department of Commerce's web site. For questions concerning the product or your account, please Contact My-Face-Place Support.: Back to My-Face-Place.com