Effective: January 1st, 2019
These terms and conditions ("Statement" or "Terms") governs your access to and use of Itemface's websites and mobile applications (referred as "Itemface" or "Site"). By using or accessing Itemface, you agree to this Statement.
"You" and "Your" refer to you, as an user of the Site or the apps. A "User" is someone who accesses, browses, or in any way uses the Site or Apps. "We", "Us" and "Our" refer to Itemface.
Any information, text, graphics, photos or other materials uploaded, downloaded or posting on Itemface are referred as "Content".
We may translate this Statement into other languages for your convenience. Nevertheless, the English version governs your relationship with Itemface, and any inconsistencies among different versions will be resolved in favor of the English version.
You are responsible for the Content and information you post on Itemface and you can control how it is shared through application settings. In addition:
a. You are responsible for any Content you post on Itemface, for any consequences and all risks associated with it, including its quality, accuracy and liability.
b. For the Content you post on or in connection with Itemface, you give us a non-exclusive, transferrable, royalty-free, worldwide license to use it. This license ends when you delete the content or your account, unless your Content is shared with others and they have not deleted it.
c. When you delete your Content, it is deleted from the Itemface application. However, you understand that the removed content may persist in backup copies and should not be accessible to others.
d. When you publish your Content or information on Itemface, unless set otherwise via application settings, the Content is public by default. This means that you are allowing everyone to access use, and share that information.
a. You will not use Itemface if you are under 13. You may not access or use Itemface if we previously banned you from Itemface or closed your account.
b. Itemface may be modified, updated, interrupted, suspended or discontinued at anytime without notice or liability.
c. You must create an account and provide certain information about yourself in order to use some of the features that are offered through Itemface. You will not provide any false personal information on Itemface.
d. By creating an account, you agree to receive certain communications in connection with Itemface.
e. You will not create more than one personal account.
f. You are responsible for maintaining the confidentiality of your account password. You will not share your password, let anyone else access your account, or do anything else that might harm the security of your account.
g. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
h. You will not post unauthorized commercial communications (such as spam), upload viruses or other malicious code.
i. You will not bully, intimidate, or harass any user, including Content that is threatening, pornographic, incites violence, or contains nudity or graphic or gratuitous violence.
j. You will not facilitate or encourage any violations of this Statement.
k. Itemface will also terminate a user's account if the user is determined to be a repeat infringer.
l. We reserve the right to access, read, preserve, and disclose any Content as we believe is necessary to (i) satisfy any applicable law, regulation, legal process or government request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) protect the rights, property or safety of Itemface, its users and the public. We have no obligation to provide you with copies of Your Content.
We appreciate your feedback and other suggestions about Itemface ("Feedback"). You understand that:
a. Your Feedback does not contain the confidential or proprietary information of third parties;
b. We may use them without obligation to offer them;
c. We may have something similar to the Feedback already under consideration or in development;
d. You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Itemface and its users any claims and assertions of any moral rights contained in such Feedback.
Itemface may include links to other websites or applications ("Third Party Site" or "Links"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE ITEMFACE ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
a. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE ITEMFACE ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE ITEMFACE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE ITEMFACE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE USER'S LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
b. THE ITEMFACE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE ITEMFACE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
c. THE ITEMFACE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE ITEMFACE ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
d. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
e. THE ITEMFACE ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
a. You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing Itemface a notice of termination.
b. We may close your account and/or ban you from the Site for any reason, and without notice or liability of any kind, if we believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us. Any such action could prevent you from accessing your account, the Site, Your Content or any other related information.
b. By continuing to access or use Itemface after those changes become effective, you agree to be bound by the revised Terms.
c. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable.