Terms & Conditions
Welcome to Faceoff, which is operated by Faceoff Americas Inc, consisting of the video-sharing and talent series challenges available at Faceoff App on Google Playstore and Apple Appstore and its website, www.face-off.app. Other services offered by Faceoff may be subject to separate terms.
You understand and acknowledge that when using Faceoff, you will be exposed to content, from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
You further understand and acknowledge that you may be exposed to content that is inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies, which you have or may have against Faceoff with respect thereto, and agree to indemnify and hold the Faceoff, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent and allowed by law regarding all matters related to your use of Faceoff.
For avoidance of doubt, we shall be under no obligation to provide any Paid Services to you, if you do not pay the charges for the same.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USE.
We reserve the right (but not under any obligation), at our sole discretion, to refund the purchased amount, if there is a technical error to the purchased service.
4.User Generated Content
We encourage users to upload and distribute short video and pre-recorded audio-visual works, to use Faceoff, such as pictures or videos integration, chat, bulletin boards, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on Faceoff (“User Generated Content/UGC”).
Unless otherwise agreed to in a written agreement between you and Faceoff that was signed by an authorized representative of Faceoff, by broadcasting, publishing, posting, displaying, submitting and/or uploading any of its UGC in connection with Faceoff, you grant to Faceoff and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such UGC (in whole or in part), and/or incorporate such UGC into existing or future forms of work, media or technology.
With respect to pictures and streaming live and pre-recorded audio-visual works, the rights granted by you terminate once you delete such UGC from Faceoff, or generally by deregistering your account, except (a) we used it for promotional purposes; and (b) for the reasonable time it takes to remove from backup and other systems.
You shall be solely responsible for your UGC and the consequences of streaming, posting, uploading, publishing, transmitting or otherwise making available your UGC on Faceoff. You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not us, have full responsibility for such UGC, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any UGC made available by you or any other user of Faceoff. We do not control UGC you provide or contribute and we do not make any guarantee whatsoever related to UGC submitted or contributed by users. Although we sometimes review UGC provided or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to UGC provided or contributed by users.
You further agree that UGC you provide to Faceoff will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and to grant to Faceoff all of the license rights granted herein.
Faceoff do not endorse any UGC on it by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Faceoff expressly disclaims any and all liability in connection with UGC.
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Faceoff or its employees, you acknowledge and agree that Faceoff shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
6.Faceoff Account and Security
If you interact with us or with third-party service providers, and you provide information, including account or payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. If you use Faceoff over mobile devices, you understand and acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.In order to open an account, you will be asked to provide us with certain information such as a mobile number and password.
Faceoff respects the intellectual property of others and follows the requirements set forth in the relevant applicable laws. If you are a copyright owner or agent thereof and believe that content posted on Faceoff infringes upon your copyright, please submit a notice to us.
8. Trademark and License
We, Faceoff and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through Faceoff, such as trademarks, service marks, names or logos associated with third party content creators, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The websites and certain materials available on or through Faceoff are content we own, created, authored, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and Faceoff.
9. Prohibited Conduct
10. Content Review, Action and Termination
We have the right to:
- remove any UGC you provide or contribute to Faceoff for any or no reason in our sole discretion;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Faceoff;
- Take any action that imposes, or may impose, at our discretion, an unreasonable load on our infrastructure;
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any UGC on or through Faceoff.
However, we do not undertake to review UGC before it is posted on Faceoff, and cannot ensure prompt removal of objectionable UGC after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or UGC provided by any user or third party.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Faceoff, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
1. your use of and access to Faceoff;
3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
4. any claim that your UGC caused damage to a third party.
You use Faceoff at your sole risk. We provide Faceoff "as is" and "as available". To the fullest extent permitted by law, Faceoff, their site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to Faceoff and goods or services purchased and obtained through Faceoff, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of Faceoff.
We make no warranty or representation about the accuracy or completeness of Faceoff’ content or the content of any sites linked to Faceoff or that Faceoff will meet your requirements and assume no liability or responsibility for any
1. errors, mistakes, or inaccuracies of content;
2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the websites or our services;
3. any unauthorized access to or use of our servers and/or any and all personal information stored therein;
4. any bugs, viruses, trojan horses, or the like which may be transmitted to or through Faceoff or our services by any third party;
5. any errors or omissions in any UGC or for any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available via Faceoff or our services; and
6. disputes between you and another user of Faceoff.
13. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FACEOFF’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.
YOU SPECIFICALLY ACKNOWLEDGE THAT FACEOFF SHALL NOT BE LIABLE FOR CONTENT 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 FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
14. Choice of Law and Disputes Resolution
The Faceoff are operated by FACEOFF AMERICAS INC XXXXXXXXXXXXXXXXXXXXXXXXXXXX If you have any feedback, comments, requests for technical support relating to the Faceoff, please send to firstname.lastname@example.org