terms and conditions

 

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE USING THE SPACE FACE WEBSITE.

 

These terms and conditions are supported by reasonable and valuable consideration, including the use of the Space Face website.

 

By using this website, you (and your parents or guardian if you are under the age of eighteen) agree to abide and be legally bound by the following TERMS AND CONDITIONS of this agreement. If you do not agree to be bound by all of the terms and conditions of this agreement, you are not permitted to use or access this website. Please print a copy of these terms and conditions for your records. This website is fully controlled and operated by Space Face, LLC. Space Face reserves the right to change these Terms and Conditions at its discretion and it is your responsibility to keep yourself updated on these changes. It is important to keep yourself abreast of these terms and conditions, because any changes to the Terms and Conditions become effective upon posting. Continued use of the Space Face website constitutes acceptance of the amended terms and conditions.

 

Our Privacy Policy is incorporated into these terms and conditions by reference and provides additional terms and conditions related to your personal information. Space Face complies with the terms of the Children’s Online Privacy Protection Act (COPPA).

 

To the extent permitted by law, you agree that these terms and conditions and all communications relating hereto be expressed in the English language. You further acknowledge and agree that all communications between you and Space Face with respect to your use of the website may take place electronically and that all such electronic notices, agreements, and other communications from Space Face shall be the legal equivalent of written communications.

 

These terms and conditions cannot be changed or terminated by oral agreement.

 

INTRODUCTION

 

The Space Face website (“www.spaceface.com” or “website”) is operated, controlled, and presented to users by Space Face LLC (“Space Face”). Space Face does not represent that the website is appropriate or available in other locations. Users who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws.

 

The terms and conditions and all collateral matters or issues will be governed by, construed and enforced in accordance with the laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these terms and conditions or the site shall be filed only in the state or federal courts located in the County of Ventura, in the State of California. You hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

SUBSCRIPTION SERVICES

 

Special terms apply to some services, products and programs available on the Space Face website, such as subscription-based services. These special terms are posted in connection with the corresponding service. Special terms are in addition to these Terms and Conditions, and in the event of a conflict, the special terms will prevail.

 

Certain products, services, and materials provided through the Space Face website may be accessed without membership subscription. Other products, services and materials may only be accessed with a membership subscription. These terms and conditions apply equally to the use of all material accessible with or without membership subscription.

 

When you subscribe to Space Face, you have the option to manually renew your subscription on a month-to-month basis or you can choose to have your membership automatically renew. The cost of renewing your subscription will be charged to your credit card on file. If you have configured your account to not renew your membership automatically, you may select automatic renewal at any time prior to the expiration of the subscription term. Conversely, if you have selected automatic renewal, you can select manual renewal at anytime prior to the expiration of the subscription term.

 

Space Face will send you an email reminder one (1) month prior to the end of your subscription term. If the terms and conditions of membership change, including the price of the membership, you will be provided with the details of available renewal options.

 

PROHIBITED BEHAVIOR

 

Space Face grants you limited right to access and use its website for your personal, non-commercial use, as long as you comply with these terms and conditions.

 

You agree that the information you provide to Space Face during registration is not false, misleading or incomplete.

 

By using this website, you agree to not upload or post any content that is defamatory, obscene, pornographic, threatening, or illegal, that violates privacy or publicity rights, or would give rise to liability.

 

The Space Face chat room is for noncommercial uses only. You may not use Space Face chat rooms to solicit or advertise. Therefore, you cannot sell ads, offer services, or otherwise attempt to earn money on the Space Face website. Additionally, user accounts, user names and passwords are not transferable and have no retail value.

 

INTELLECTUAL PROPERTY RIGHTS

 

All Space Face website software, designs, text, images, photographs, illustrations, audio clips, video clips, graphics, games, artwork, products, content, databases, trademarks, service marks, trade names, trade dress, patents or other copyrighted components, and the selection and arrangements thereof, are the property of Space Face LLC and/or its subsidiaries, affiliates, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

 

The following is forbidden without Space Face’s express prior written consent: copying, modifying, reproducing, republishing, uploading, posting, transmitting, creating derivative works from, displaying, performing, publishing, distributing, disseminating, broadcasting, selling, reverse engineering, disassembling or circulating any of Space Face’s copyrighted material in any way. Using Space Face’s copyrighted materials in any way prohibited by these terms and conditions or by state or federal law may subject you to civil liability and/or criminal prosecution. Additionally, Space Face reserves the right to ban any user who infringes on its or anyone else’s intellectual property rights.

 

Space Face reserves the right to use any content posted on the Space Face website, including, but not limited to, user’s chat room text and any uploaded images created by users and posted on the website. This includes all creative suggestions, ideas, notes, artwork, drawings, stories, concepts, content, materials or information of any nature, except any personal identifiable information (“PII”) as defined in our Privacy Policy. By submitting content to the website, you automatically grant to Space Face a perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such content or incorporate content into any form, medium, or technology throughout the universe, without royalties. Additionally, by posting material, you waive all “moral rights” and other rights recognized throughout the world. Space Face shall exclusively own all presently known or hereafter existing rights to user content posted on the website of every kind and nature throughout the world, and shall be entitled to unrestricted use of this content for any purpose whatsoever, commercial or otherwise, without compensation to the user.

 

EXPORT CONTROLS

 

Programs and software from this website are subject to United States export controls and downloading or exporting software into the Balkans, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Iran, Iraq, North Korea, Sudan, Syria, Zimbabwe, or any other country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders is forbidden. By downloading any software from the Space Face website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any of the aforementioned countries or on any of the aforementioned lists.

 

CONSEQUENCES FOR VIOLATING TERMS AND CONDITIONS

 

Any violation of the terms and conditions will result in an investigation by Space Face and continued failure to comply with these terms and conditions will result in termination of the privileges granted to you by Space Face, automatically and without notice. Users may be banned from the website for violating terms and conditions at Space Face’s discretion. Upon such termination, you the user must destroy all content and materials you have obtained from this website, and any copies, regardless of whether they were made under the terms of this agreement.

 

LIMITED LIABILITY

 

Any postings by users, including text and images, do not reflect the views of Space Face. Space Face does not assume nor have any responsibility or liability for any postings or for any claims, damages or losses resulting from the use of this website. Users remain solely responsible for the content of their postings. You are responsible for maintaining the confidentiality of your password. Space Face will not be liable for any losses or damages arising from your failure to keep your password confidential. Space Face has the right to modify or discontinue any feature or function on the website and to restrict access to parts or all of the website without notice to you. Space Face may upgrade the website on these same terms and conditions and any such upgrades will form part of the website. Space Face reserves the right to edit, delete, or refuse to post any text or images at its discretion and to refuse use of any part of the website to any person at any time. An email notice of denial to the user constitutes a complete and sufficient notice of denial. User agrees to cease and desist use of website immediately upon being issued a denial. If user fails to cease and desist, user consents to an injunction, permanently enjoining user from future access to the Space Face website. Space Face reserves the right to suspend any account that has been inactive for six (6) months or more. If your account has been suspended for inactivity, you may reactivate your account so long as your membership has not yet expired. Please allow for up to forty-eight (48) hours for account reactivation.

 

INDEMNIFICATION

 

By agreeing to these terms and condition, user agrees to indemnify, defend and hold harmless Space Face, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions by the user. Space Face reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the user, in which event the user will fully cooperate with Space Face in asserting any available defenses.

 

SAFETY

 

Space Face has implemented many safeguards to secure your safety while using the website. All user content and communications on Space Face website is filtered and monitored. Any words, images, or links containing or relating to the following content is prohibited: personal information that could identify the user including his/her home address, school, phone number, etc.;links to sites with chat rooms; profanity; obscenity; sexual content; dating solicitations; personal attacks or threats; defamatory comments; gang-related slang or gang promotion; promotions offering prizes; links to or advertisements for other commercial websites; cheats to games; user passwords or any attempts to gain access to another’s user password; request for money; scams; spamming; user account or account information; testing or encouraging other users to test Space Face’s message filters; uploading computer viruses; any statements suggesting user is a member of Space Face staff; using this website for any purposes other than those intended by Space Face; and any other information that Space Face finds to be inappropriate for the website.

 

Additionally, users are advised to not give anyone in the chat personally identifiable information (“PII”). This includes e-mail address, physical address, school name, last name, photographs of yourself, instant messenger username or telephone number.

 

HYPERLINKS

 

External hyperlinks to materials generated by third parties do not constitute an endorsement by Space Face, its subsidiaries and affiliates, of the opinions or views expressed by these third party websites. Space Face disclaims any responsibility for the content contained at these sites, nor is it responsible for the quality of the products, programs, or services offered at such sites.

 

Under no circumstances will Space Face be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of intellectual property rights, caused by the exhibition or distribution of any information or content contained within these third party hyperlinked sites.

 

Space Face does not make any representations or warranties as to the security of any information you may be required to provide on a third party hyperlinked site, and you hereby irrevocably waive any claim against Space Face with respect to such sites.

 

DISCLAIMER

 

THIS WEBSITE AND ALL OF ITS CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPACE FACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPACE FACE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE CONTINUOUS OR FREE OF ERRORS, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH THE USER. THE USER ASSUMES THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

 

PURSUANT TO APPLICABLE LAW, SPACE FACE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SPACE FACE OR ANY THIRD PARTY. SPACE FACE SHALL NOT HAVE ANY LIABILITY TO THE USER FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THIS SITE.

 

TO THE EXTENT THAT YOUR COMMUNICATION WITH A SPACE FACE REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS MADE OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT MODIFY THESE TERMS AND CONDITIONS AND THIS DISCLAIMER SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

 

UNENFORCEABLE TERMS/CONDITIONS

 

If any provision of these terms and conditions is found to be illegal or unenforceable, the terms and conditions will be modified to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. If a provision cannot be restated to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from these terms and conditions.

 

Effective Date: January 1, 2010.

 

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