FACEFULL VIP
DISCLAIMER
1.
service
this website (this "site") is provided by facefull magazine.
(“www.face-full.com”) for use by you conditional on your
acceptance without modification of the terms and conditions set forth
below (the "terms and conditions"). by accessing, using
and/or downloading materials from this site, you agree on your own
behalf and on behalf of each entity on whose behalf you act to accept
and abide by these terms and conditions. if you do not agree to abide
by these terms and conditions, you should not use this site or download
or use materials from it. you agree to familiarize yourself with the
terms and conditions of use and the privacy policy of the site if
you choose to use the site.
2. changes to agreement
facefull has the right, at its sole discretion, to add to, remove,
modify or otherwise change any part of these terms and conditions,
including the privacy policy, in whole or in part, at any time. changes
will be effective when notice of such change is posted at this site.
you are responsible for regularly reviewing the terms and conditions
of use posted at the site. your continued use of this site or downloading
or use of materials from it after any such changes are posted will
be considered acceptance of such changes.
3. changes to service
facefull may terminate, change, suspend or discontinue any aspect
of this site, including the availability of any features, at any time
without notice or liability. facefull may similarly remove, add, modify
or otherwise change any content, including that of third parties,
on or from this site. facefull may also impose limits on certain features
and services or restrict your access to parts or all of this site
without notice or liability.
4. proprietary rights
license to use materials subject to the terms and conditions set forth
in this agreement, facefull grants you a non-exclusive, non-transferable,
limited right to access, use and display this site, and the visible
text, graphics and images thereon (the "materials"), and
to view and download the materials. this authorization is not a transfer
of title in the materials or to copies of the materials and is subject
to the following restrictions: a) you must retain, on all copies of
the materials downloaded, all copyright and other proprietary notices
contained in the materials; b) you may not modify the materials in
any way or reproduce or publicly display, perform, or distribute or
otherwise use them for any public or commercial purpose; c) you may
not transfer the materials to any other person without our written
consent; and d) you may not print or copy any of the html or xml or
other computer programs that are viewable at this site. you agree
to abide by all additional restrictions displayed on this site as
it may be updated from time to time. this site, including all materials,
is protected by canadian and worldwide copyright laws and treaty provisions.
you agree to comply with all copyright laws worldwide in your use
of this site and to prevent any unauthorized copying of the materials.
except as expressly provided herein, facefull does not grant any express
or implied right or license to you under any intellectual property
right, including under any patent, trademark, copyright, trade secret,
or confidential information, of facefull.
trademarks. the product names, company names and logos of facefull
or any affiliate used on this site may be trademarks including registered
trademarks of facefull or an affiliate. such product names, company
names and logos of facefull and its affiliates may not be copied,
imitated or used, in whole or in part, without the prior written consent
of facefull or such affiliate. other product and company names mentioned
on this site may be the trademarks of their respective owners.
5. use of software
software (if any) that is made available to download from the site,
excluding software that may be made available by end-users through
a communications service, (“software”) is owned by facefull
and/or its licensors. your use of the software is governed by the
terms and conditions of the license agreement, if any, which accompanies
or is included with the software (“license agreement”).
you may not install or use any software that is accompanied by or
includes a license agreement unless you first agree to the license
agreement terms. all software is owned by facefull and/or its licensors
and is protected by copyright laws and international treaty provisions.
any reproduction or redistribution of the software is expressly prohibited
by law. without limiting the foregoing, copying or reproduction of
the software to any other server or location for further reproduction
or redistribution is expressly prohibited. the software is warranted,
if at all, only according to the terms of the license agreement.
6. user conduct
you agree: a) not to use this site in any manner which could damage,
disable, overburden or impair this site; b) not to interfere with
the security of, or otherwise abuse, this site, or any services, system
resources, accounts, servers or networks connected to or accessible
through this site or affiliated or linked sites; c) not to disrupt
or interfere with any other person's use and enjoyment of this site
or affiliated or linked sites; d) not to upload, post or otherwise
transmit on this site any viruses or other harmful, disruptive or
destructive files or computer programs; e) not to use any robot, spider
or other automatic device, or manual process to monitor or copy the
web pages or the content contained at this site; f) not to use or
attempt to use another's account, service or system without authorization
from facefull, or create or use a false identity on this site; g)
not to transmit on this site spam, chain letters, junk mail or any
other type of unsolicited mass e-mail; and h) not to attempt to obtain
unauthorized access to this site or portions of this site which are
restricted from general access. in addition, you agree that you are
solely responsible for actions and communications undertaken or transmitted
to or for your account, and that you will comply with all applicable
laws that relate to your use or activities on this site.
7. on-line communities
and other interactive areas
to the extent that this site contains bulletin boards, chat rooms,
or other message or communication facilities, you agree to use such
forums only to send and receive messages and materials that are proper
and related to the particular forum. by way of example, and not as
a limitation, you agree that when using a forum, you will not post
or otherwise disseminate on or through this site harassing, defamatory,
libellous, tortious, offensive, threatening, obscene or otherwise
unlawful communications or materials of any kind, or materials which
infringe or violate any third party's copyright, trademark, trade
secrets, privacy or other proprietary or property right or that could
constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable law; will not advertise or offer to sell or
buy any goods or services for any commercial purpose unless such forum
specifically allows such messages; will not conduct or forward surveys,
contests, pyramid schemes or chain letters; and will not harvest or
otherwise collect information about others, including e-mail addresses,
without their consent. facefull does not have any obligation to monitor
the content of its bulletin boards, chat rooms, or other message or
communication facilities. however, facefull reserves the right at
all times to disclose any information as necessary to satisfy any
law, regulation or governmental request, or to edit, refuse to post
and remove any information or materials, in whole or in part, that
in facefull's sole discretion are objectionable or in violation of
these terms and conditions.
8. use of communication
service
the site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, group calendars, electronic
mail postings and/or other message or communication facilities designed
to enable you to communicate with the public at large, participants,
or with a group (collectively, "communication service").
you agree to use the communication service only to post, send and
receive messages and material that are proper and related to the particular
communication service. by way of example, and not as a limitation,
you agree that when using a communication service, you will not: defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others; publish, post,
upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or
information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have received
all necessary consents; upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage the
operation of another's computer; advertise or offer to sell or buy
any goods or service for any commercial purpose, unless such communication
service specifically allows such messages; conduct or forward surveys,
contests, pyramid schemes or chain letters; download any file posted
by another user of a communication service that you know, or reasonably
should know, cannot be legally distributed in such manner; falsify
or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded; restrict or
inhibit any other user from using and enjoying the communication service;
violate any code of conduct or other guidelines which may be applicable
for any particular communication service; harvest or otherwise collect
information about others, including e-mail addresses, without their
consent; violate any applicable laws or regulations. facefull reserves
the right to review materials posted to a communication service and
to remove any materials in its sole discretion. facefull reserves
the right to terminate your access to any or all of the communication
service at any time without notice for any reason whatsoever. facefull
has no obligation to monitor the communication service. however, facefull
reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in facefull's sole discretion. you
acknowledge that all communication service are public and not private
communications, therefore your communications may be read by others
without your knowledge. facefull does not control or endorse the content,
messages or information found in any communication service and, therefore,
facefull specifically disclaims any liability with regard to the communication
service and any actions resulting from your participation in any communication
service. forum managers and hosts are not authorized facefull spokespersons,
and their views do not necessarily reflect those of facefull materials
uploaded to a communication service may be subject to posted limitations
on usage, reproduction and/or dissemination, you are responsible for
adhering to such limitations if you upload the materials.
9. links and third
party content
as a convenience to you, facefull may provide, on this site, links
to websites operated by other entities. linked sites are not under
the control of facefull and facefull is not responsible for the contents
of any linked site, including without limitation any link contained
in a linked site, or any changes or updates to a linked site. if you
use these sites, you will leave this site. if you decide to visit
any linked site, you do so at your own risk and it is your responsibility
to take all protective measures to guard against viruses and other
destructive elements. facefull makes no representation or warranty
regarding, and does not endorse, any linked websites, the information
appearing thereon or any of the products or services described thereon,
or the linked third party sources. links do not imply that facefull
or this site sponsors, endorses, is affiliated or associated with,
or is legally authorized to use any trademark, trade name, logo or
copyright symbol displayed in or accessible through the links, or
that any linked site is authorized to use any trademark, trade name,
logo or copyright symbol of facefull or any of its affiliates.
this site may from time to time contain materials, data or information
provided, posted or offered by third parties, including but not limited
to advertisements or postings in on-line community discussions. you
agree that facefull shall not have any liability whatsoever to you
for any such third party material, data or information.
all links to this site must be approved in writing by facefull.
10. information provided by you
facefull does not want you to, and you should not, send any confidential
or proprietary information to facefull via this site. the security
of this site is by no means guaranteed and you agree that any information
or materials that you or individuals acting on your behalf provide
to facefull is sent at your own risk and will not be considered confidential
or proprietary. by providing any such information or materials to
facefull, you grant to facefull and its affiliates an unrestricted,
perpetual, irrevocable, worldwide, royalty-free license to use, reproduce,
display or perform (including display or perform in public), communicate
to the public, modify, adapt, transmit, publish your name in connection
with any such communication, and distribute such information and materials
in any form, with the right to grant sub-licenses, and you also agree
that facefull and its affiliates are free to use any ideas, concepts,
know-how or techniques that you or individuals acting on your behalf
provide to facefull for any purpose. the foregoing grants shall include
the right to exploit any proprietary rights in such communication,
including but not limited to rights under copyright, trademark, service
mark or patent laws under any relevant jurisdiction. no compensation
will be paid with respect to facefull's use of the materials contained
within such communication. facefull is under no obligation to post
or use any materials you may provide and may remove such materials
at any time in facefull’s sole discretion. you further recognize
that facefull does not want you to, and you warrant that you will
not, provide any information or materials to facefull that are harassing,
defamatory, libelous, tortuous, offensive, threatening, obscene or
otherwise unlawful, or that incorporates the proprietary or confidential
material of another.
11. agreement to privacy
policy
personal data will be collected, processed, used, communicated, and
disclosed by facefull and its affiliates for the purpose of providing
and offering products and services and to facilitate transactions
you enter into with facefull and its affiliates. you can find further
information on the collection, use, communication, and disclosure
of your personal data in facefull’s privacy policy [http://www.facefull.com/corp/privacy.cfm].
the privacy policy is incorporated by reference into these terms and
conditions. such personal information that you provide via this site,
together with information regarding the manner in which you use this
site will be used, processed, communicated and disclosed as permitted
by these terms and conditions, the privacy policy reproduced on this
site, other agreements between the parties related to such information,
and as otherwise permitted by law.
12. warranty
facefull expressly disclaims all representations, warranties and conditions
express or implied not contained herein, including representations,
warranties and conditions of quality, performance, merchantability,
satisfactory quality, fitness for a particular purpose, title and
those arising by statute or otherwise in law or from a course of dealing
or use of trade. facefull does not warrant that the service will operate
without interruptions or that it will be error free. further, the
service may be interrupted or unavailable for the purposes of performing
maintenance or upgrades. facefull will not be responsible for (1)
service impairments caused by acts within your control or any user,
(2) interoperability of specific customer applications, (3) inability
of customer to access or interact with any other service provider
through the internet, other networks or users that comprise the internet
or the informational or computing resources available through the
internet, (4) interaction with other service providers, networks,
users or informational or computing resources through the internet,
(5) service provided by other service providers, or (6) performance
impairments caused elsewhere on the internet.
13. limit of liability
facefull's liability to you under or related to this agreement or
the service including without limitation on account of any acts or
omissions relating to the service shall be limited to proven direct
damages in an aggregate amount not to exceed can $100.00 however,
this exclusion does not apply to direct damages to tangible personal
property, or for bodily injury or death, proximately caused by facefull’s
negligence.
14. consequential loss
facefull shall not be liable for indirect, incidental, consequential,
punative or exemplary, reliance or special damages, including without
limitation damages for harm to business, lost profits, lost savings
or lost revenues, whether or not facefull been advised of the possibility
of such damages. facefull shall not be liable for any damage that
you may suffer arising out of use of, or inability to use, the service
provided hereunder unless such damage is caused by an intentional
act of facefull. facefull shall not be liable for unauthorized access
to or alteration, theft, loss or destruction of any data including
without limitation through accident, fraudulent means or devices,
or any other method.
15. survival of limit of liability
the limitations of liability and disclaimers herein shall apply regardless
of the form of action, whether in contract, warranty, strict liability,
negligence, or other tort and shall survive a fundamental breach or
breaches, or the failure of the essential purpose, of contract or
the failure of an exclusive remedy.
16. disputes
the parties agree that all disputes or disagreements between them
with respect to the interpretation of any provision of this agreement,
the performance of facefull or you under this agreement or any other
dispute between them related hereto or arising here from (a “dispute”)
will be settled by final and binding arbitration by a single arbitrator
pursuant to the provisions of the international commercial arbitration
act, (ontario) and submission to arbitration pursuant to this section
is a condition precedent to the bringing of any action with respect
to this agreement. judgement upon the award rendered in any such arbitration
may be entered in any court having jurisdiction thereof, or application
may be made to such court for a judicial acceptance of the award and
enforcement, as the law of such jurisdiction may require or allow.
the arbitration shall take place in the greater toronto area, ontario,
canada. the parties shall agree on what, if any, discovery shall be
made available; if the parties fail to agree on the form of discovery
within 30 days after the appointment of the arbitrator, there shall
be no discovery. the arbitrator shall not limit, expand, or modify
the terms of this agreement nor award damages in excess of compensatory
damages permitted under this agreement, and each party waives any
claim to such excess damages. the arbitrator shall not have any ability
to award any equitable remedies against facefull.. the arbitrator
shall not have the right to award any damages in excess of damages
that could lawfully be awarded by a court of competent jurisdiction.
the arbitrator shall issue a written decision containing findings
and conclusions on all significant issues. each party shall bear its
own expenses and an equal share of all costs and fees of the arbitration.
any arbitrator selected shall be competent in the legal and technical
aspects of the subject matter of this agreement. the content and result
of any arbitration shall be held in confidence by all participants,
each of whom will be bound by an appropriate confidentiality agreement.
the parties expressly waive any right to a jury trial regarding disputes
related to this agreement.
17. international users and choice of law
this site is controlled, operated and administered by facefull from
its offices within canada. neither facefull nor any of its affiliates
makes any representation or warranty that materials at this site are
appropriate or available for use at any locations outside canada and
access to them from territories outside of canada is prohibited. if
you access this site from outside canada, you are responsible for
compliance with all local law. you may not export any of the materials
accessible through this site in violation of applicable export laws
and regulations. this agreement shall be deemed to have been made
and performed exclusively in the province of ontario, canada and shall
be governed by and construed under the laws of the province of ontario
and the laws of canada applicable therein without giving effect to
its conflict of laws principles. you submit to the exclusive jurisdiction
of the courts in the province of ontario for any claim related hereto
or arising here from and agree not to bring any action, claim, suit
or proceeding against facefull (or any officer, director, or employee
thereof) in any jurisdiction other than the province of ontario, canada.
the united nations convention on contracts for the international sale
of goods does not apply to this agreement.
18. time for bringing suit
any legal proceeding arising from or in connection with this agreement,
or any service provided hereunder, must be brought within one (1)
year after the event which is the subject of the proceeding has occurred,
except to the extent that such action arises from claims which are
subject to an express indemnification obligation therein.
19. severability
if any portion of this agreement is found to be invalid or unenforceable,
the remaining portions shall remain in effect and the parties will
begin negotiations for a replacement of the invalid or unenforceable
portion.
20. assignment
this agreement may be assigned by facefull. this agreement shall ensure
to the benefit of and be binding upon the respective successors and
permitted assigns of the parties hereto.
21. causes beyond control
facefull shall not have any liability for damages or delays due to
fire, explosion, lightning, power surges or failures, strikes or labour
disputes, water, acts of god, the elements of war, civil disturbances,
acts of civil or military authorities or the public enemy, inability
to secure products or transportation facilities, fuel or energy shortages,
acts or omissions of communications carriers or suppliers, or other
causes beyond its control whether or not similar to the foregoing.
22. notices
all notices, requests, demands and other communications required or
permitted under this agreement shall be deemed to have been duly made
and received when personally served, or when mailed by first class
mail. except as explicitly stated otherwise, and notices to facefull
shall be given by postal mail to
Facefull inc.
1 rue borda
paris 75003
france
23. language
the parties hereto have requested that this agreement be drafted in
the english language. les parties aux presentes ont exige que le prsentes
contrat soit redigées en langue anglaise.
24. violations
please report any violations of the terms and conditions of use to
our customer care group.
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