Terms of Service
Welcome to FACEmeeting!
ATTENTION: PLEASE READ THESE WEBSITE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE
USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:
HAVE READ AND UNDERSTOOD THE TERMS OF USE; THE RELATED PRIVACY POLICY; ARE AT LEAST
THIRTEEN (13) YEARS OLD AND HAVE THE LEGAL AUTHORITY TO ACCEPT THE TERMS OF USE; AND
AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF
USE AND THE RELATED PRIVACY POLICY, DO NOT USE THIS WEBSITE. THIS IS A LEGALLY BINDING
AGREEMENT. YOU SHOULD REVIEW THESE TERMS OF USE PERIODICALLY AS THEY MAY BE REVISED
FROM TIME TO TIME.
When using the word “Service” within these terms, we collectively mean FACEmeeting, and any
other associated products or services that we or our service providers and partners might offer.
1. User Accounts
It is not required to create an account to use the Service, however, if you choose to create an
account with us you must provide certain information about yourself, including your name, mobile
phone number and a password you create. Unless you are a parent who is creating an account for a
child who is 13 or older, you agree not to create an account on behalf of anyone other than yourself,
and you agree to provide accurate, current and complete information. You are responsible for
maintaining the confidentiality of your account password. You agree that you are solely responsible
for any activities that occur in connection with your account, whether or not you have authorized
such activities. You agree to notify us immediately of any unauthorized use of your account.
2. Using our Service
A. Mobile Services and the Mobile App
Subject to your compliance with these Terms of Service, we grant you a limited, revocable, personal,
non-exclusive, non-transferable license to download and install a copy of the FACEmeeting
application which allows you to access and use the FACEmeeting Service on mobile devices that you
own or control, and to use those copies of the Mobile App solely for your own personal, non-
commercial use. We reserve all rights in the Mobile App not expressly granted to you by these Terms
of Service.
B. Charges
We currently offer our Services for free, but we reserve the right to make these paid features in the
future. If we do so, you will be given the option to opt into these paid features. Regardless of
whether we charge for all or any part of the Service, you agree that your carrier’s normal rates and
fees will still apply for whatever device(s) you use to access the Service, and that you are fully
responsible for paying all such charges, rates, and fees.
C. Paid Features
Certain features of the Service may require you to pay a fee in order to use them. If you choose to
purchase these features, you expressly authorize us or our payment processor to charge the
payment method you provide for the applicable fee. Except as expressly set forth below, all fees are
non-refundable. All fees and applicable taxes, if any, are payable in United States dollars.
When you purchase any additional features we may offer, there will be a one-time charge for that
purchase, and a potential subscription charge if applicable to your account. Once you purchase these
features and use all or any of them, or cancel your account before using all of them, you will not be
entitled to a refund, except as defined herein in regards to subscriptions. We reserve the right to
terminate or suspend your use of paid features of the Service at any time and for any reason,
without liability, pursuant to the terms of Section 13 of these Terms of Service. If we terminate or
suspend your account with or without cause, in accordance with the terms of Section 13 of these
Terms of Service, you will not be entitled to a refund for any fees you paid to us for these features,
unless provided otherwise in the terms of sale.
D. Third Party Links
The Service may contain links to websites or applications offered by third parties, including
advertisements (“Third Party Sites”). We don’t control or endorse Third Party Sites. Your use of any
Third Party Site is entirely at your own risk.
3. Content
A. Definitions
“Content” means text, images, photos, audio, video, location data, usernames, and all other forms of
data or communication. “Your Content” means Content that you submit or transmit to, through, or
in connection with the Service. “User Content” means Content that users (other than yourself)
submit or transmit to, through, or in connection with the Service. “FACEmeeting Content” means
Content that we create and make available in connection with the Service. “Third Party Content”
means Content that originates from parties other than FACEmeeting or its users, which is made
available in connection with the Service.
B. Responsibility for Your Content
You alone are responsible for Your Content. You assume all risks associated with Your Content,
including anyone’s reliance upon its quality, accuracy, or reliability, or any disclosure you make that
makes you personally identifiable. You acknowledge that you own, or have the necessary
permissions to use and/or authorize the use of, Your Content as described herein. You may not imply
that Your Content is in any way sponsored or endorsed by FACEmeeting. You acknowledge that you
may expose yourself to liability if: Your Content contains material that is false, intentionally
misleading, or defamatory; violates any third party right, including any copyright, trademark, patent,
trade secret, moral right, privacy right, right of publicity, or any other intellectual property or
proprietary right; contains material that is unlawful, including, but not limited to hate speech or
spam; exploits or otherwise harms anyone; and violates or advocates the violation of any law or
regulation.
C. Our rights to use Your Content
We may use Your Content in a variety of different ways as permitted by our Privacy Policy, including
publicly displaying it, reformatting it, incorporating it into reports, collections, marketing materials
and other works, creating derivative works, summaries, or aggregations from it, promoting it,
distributing it, and allowing others to do the same in connection with their own websites and media
platforms. As such, you grant us (FACEmeeting, its parent FM Capital Holdings, Inc., subsidiaries, and
affiliates) the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sub-licensable
(through multiple tiers), transferable right to use Your Content for any purpose (including, without
limitation, the rights to use, reproduce, publicly perform or display, distribute, adapt, publish,
modify, translate, incorporate into other works in any form, media, or technology, and create
derivative works of Your Content, in whole or in part, throughout the world in any media). Finally,
you irrevocably waive, and cause to be waived, against FACEmeeting and its users any claims and
assertions of moral rights or attributes with respect to Your Content.
We gather and compile information and data about our users and their usage of the Service on a
collective basis, in a manner which does not disclose or reveal any personally identifiable information
about individual users. You understand, acknowledge, and agree that we are the sole owners of all
such aggregated, anonymous data for all purposes, and have the unrestricted right to use such data
and to disclose or distribute such data to third parties as we see fit, throughout the world, in any
media or form.
D. Removing Content
We reserve the right to remove, screen, edit, or disable access to any of Your Content, without
notice to you, that we consider, in our sole discretion, to be in violation of these Terms of Service or
otherwise harmful to the FACEmeeting Service.
If you create a username for your FACEmeeting account, we may remove or reclaim it if we believe it
is inappropriate or violates any trademark policies (such as when a trademark owner complains
about a username that does not closely relate to the user's real name).
E. Reporting Violations
While we are under no obligation to review Your Content, we reserve the right, through our Content
Moderators, to remove or edit your content at any time. We may report any activity that we suspect
violates any law or regulation to the appropriate law enforcement officials, regulators, or other
appropriate third parties, and we may cooperate with such authorities as they may request, all
without liability to us.
Should you, as a user encounter any content that requires reporting, or users generating the content
in question, you may report any and all potential violations to the following email address and a
Content Moderator or Developer shall review, investigate and remove said content (& the offending
User) if required within a period of Twenty Four (24) hours: reporting@facemeeting.com
F. Ownership
As between you and FACEmeeting, you own Your Content. We exclusively own the FACEmeeting
Content, including but not limited to visual interfaces, interactive features, graphics, design,
compilation, computer code, products, software, and all other elements and components of the
Service (excluding Your Content, User Content and Third Party Content).
We, or our licensors also own the copyrights, trademarks, patents, service marks, trade names, and
other intellectual and proprietary rights throughout the world (the “IP” Rights) associated with the
FACEmeeting Content and the Service. These Terms of Service do not grant you any right, title, or
interest in the FACEmeeting Service, Network, or Content. You understand and agree that you may
not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in
any way exploit any Content that is not Your Content (including, without limitation, the FACEmeeting
Content, other User Content, or Third Party Content), in whole or in part, except as expressly
authorized by the owner of the Content.
G. Prohibited Behavior
You also agree not to use the Site (including any Software) to do any of the following (collectively,
"Prohibited Behavior"):
a. record a video or telephone conversation or text message or other form of communication on the
Site unless you are in compliance with all applicable laws - whether federal, state, local or
international - protecting the privacy of communication for all parties to the conversation. Although
the laws protecting each person may vary depending on the locality in which that person is situated,
you should generally obtain express and informed consent from all parties to the conversation
before any recording or other use is made of the communication. It is recommended that, at a
minimum, each party's verbal consent be recorded at the beginning of the communication to verify
that such consent was obtained;
b. intercept, tap into, record, monitor, damage, alter, manipulate or modify any communication not
intended for you;
c. capture, alter, adapt or modify any content, including, images, audio, text or other materials
transmitted by other users without their explicit and informed consent;
d. collect, store, disclose, disseminate or distribute personal data with respect to third parties except as
contemplated by the Terms of Use and then only for the express purpose of providing lawful
communication that may reasonably be anticipated by such third parties;
e. upload, post, e-mail, transmit or otherwise make available any content that infringes any patent,
trademark, trade secret, copyright or other intellectual property right, privacy right or publicity right
of any person entity unless you have express permission from the respective owners of such
materials to do so;
f. harm minors in any way, including through any form of child pornography. The content may be
reported to the appropriate legal authority and/or your ISP may be contacted;
g. upload, post, email, or otherwise transmit, disseminate or distribute any content that is illegal,
harmful, threatening, abusive, harassing, tortuous, defamatory, disparaging, vulgar, obscene,
libelous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically,
or otherwise offensive;
h. engage in any activity that violates any local, state or federal law or regulation or the law or
regulation of any foreign government;
i. provide anonymity to activities which are unlawful, fraudulent, or violate the intellectual property
rights of a third party;
j. knowingly or recklessly permit others to use the Site: (i) for any unlawful, invasive, infringing,
defamatory, or fraudulent purpose; (ii) to alter, steal, corrupt, disable, destroy, trespass or violate
any security or encryption of any computer file, database or network; (iii) so as to materially
interfere with the use of the Site by other customers or authorized users; or (iv) in a manner which,
in our opinion, is inconsistent with the generally accepted rules of internet etiquette and conduct;
k. transmit any unsolicited or unauthorized advertising or promotional materials, including without
limitation, initiation or perpetuation of any "Spam," "Junk Mail," chain letters, or any other
potentially objectionable or unlawful form of unsolicited communication;
l. upload, post, email or otherwise transmit without authorization any material that contains personal,
private, or financial information or other personally identifiable information concerning any third-
party person or entity, including without limitation, phone number(s) or addresses, credit/debit
cards, calling cards, account numbers, social security numbers, driver's license numbers, dates of
birth, passwords or other similar information.
m. obtain or attempt to obtain service by any means or device with intent to avoid payment;
n. engage in any activities that do or are designed to harass, or that will cause a denial-of-service (DOS)
(e.g., synchronized number sequence attacks) to any other user of the Site or on another ISP's
network;
o. transmit any material that contains software viruses or any other code, files or programs designed or
known to disable, interrupt, or limit the functionality of any computer hardware, computer software,
or telecommunications equipment or facilities;
p. interfere with the use or enjoyment of the Site by other customers or authorized users. This shall
include excessive use of services which impair the fair use of other customers;
q. hold FACEmeeting, its suppliers, officers, directors, employees, agents, affiliates or shareholders up
to public scorn, ridicule, or defamation; or
r. impersonate any person or entity, including, but not limited to, a FACEmeeting official, or falsely
stating or otherwise misrepresenting your affiliation with a person or entity.
4. Feedback
We welcome your feedback, ideas, proposals, comments and suggestions for improving our Service
(collectively, “Feedback”). By sending us Feedback, you agree that: (i) your Feedback doesn’t contain
the confidential or proprietary information of third parties; (ii) we are under no obligation of
confidentiality, expressed or implied, with respect to your Feedback; (iii) we may have something
similar to the Feedback already under consideration or in development; (iv) we own all right, title
and interest in and to your Feedback, even if you have designated it as confidential; and (v) we are
free to use the Feedback for any purpose, without any restriction or compensation to you. You
hereby irrevocably assign all right, title and interest in and to the Feedback to us.
5. Restrictions
We are under no obligation to enforce these Terms of Service on your behalf against another user.
While we encourage you to let us know if you believe another user has violated these Terms of
Service, we reserve the right to investigate and take appropriate action at our sole discretion. You
agree to comply with all of the terms, conditions, and restrictions set forth herein. The Restrictions
set forth herein apply only to the extent permissible under applicable law. Nevertheless, you agree
not to act contrary to them (even if permissible under applicable law) without providing 30 days’
prior written notice to us at the address provided below, together with any information that we may
reasonably require to give us an opportunity to provide alternative remedies or otherwise
accommodate you at our sole discretion.
6. Communications from FACEmeeting and Others
By creating an account, you agree to receive certain communications from us, other users,
advertisers, our partners, and service providers in connection with the Service. In certain cases, you
will have the option to “opt out” of receiving certain communications. Please review our Privacy
Policy for more information on the types of communications you may receive, and whether you can
opt out from receiving them.
7. Privacy Policy
FACEmeeting takes your privacy seriously. We have created a Privacy Policy to inform you about the
kind of information we may collect and the ways we may use it. Please review our Privacy
Policy carefully.
You represent that you have read, understood, and agreed to the terms of our Privacy Policy, which
is incorporated herein by reference and made a part of these Terms of Service.
8. Copyright and Trademark Disputes
We respect copyright law and expect our members to do the same. We have adopted and
implemented a policy that provides for the termination in appropriate circumstances of registered
members or other account holders who repeatedly infringe or are believed to be repeatedly
infringing the rights of copyright holders. If you believe any Content or materials on the Service
infringe your copyright, you agree to abide by the notice and takedown procedures set forth in the
Digital Millennium Copyright Act. For more information please read our Copyright Policy.
9. Indemnity
You agree to indemnify and hold FACEmeeting, its parents, subsidiaries, affiliates, any related
companies, suppliers, licensors and partners, and the officers, directors, employees, agents and
representatives of each of them harmless from and against any claims, suits, proceedings, disputes,
demands, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable
legal and accounting fees) in any way related to or arising out of: (i) your access to or use of the
Service, (ii) Your Content, (iii) your violation of any of these Terms of Service; or (iv) the infringement
by you, or anyone using your account, of the intellectual property rights or other rights of any person
or entity. FACEmeeting reserves the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree to cooperate with
our defense of these claims at your expense. You agree not to settle any matter for which you are
required to indemnify us without our prior written consent in each case. We will use reasonable
efforts to notify you of any such claim, action, or proceeding once we become aware of it; however,
our failure to notify won’t affect your obligations hereunder (except to the extent that our failure to
notify you materially prejudices your ability to defend the claim).
10. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY, SINCE IT LIMITS THE LIABILITY OF FACEMEETING. 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.
A. YOU AGREE THAT THE SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS, WITHOUT
WARRANTY OF ANY KIND, AND THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN
DISCRETION AND RISK (INCLUDING, WITHOUT LIMITATION, THE RISK THAT YOU MIGHT BE EXPOSED
TO CONTENT THAT IS OFFENSIVE, INDECENT, INACCURATE, OBJECTIONABLE, OR OTHERWISE
INAPPROPRIATE). WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AS
TO THE OPERATION OF THE SERVICE, THE SAFETY OR SECURITY OF THE SERVICE, OR ANY CONTENT
INCLUDED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
COURSE OF DEALING OR USAGE OF TRADE.
B. WE MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, WE
WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OF
THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, IF ANOTHER USER MISUSES YOUR CONTENT OR
IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH A THIRD PARTY ON THE SERVICE).
C. YOU AGREE THAT OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT
YOU SUFFER IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES OR CONTENT, FROM
ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED
THE GREATER OF (I) THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO FACEMEETING IN CONNECTION
WITH THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY, OR (ii) $100.
D. FACEMEETING DISCLAIMS ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION TO YOU OR ANY
THIRD PARTY, INABILITY TO USE THE SERVICE, COSTS OF PROCURING SUBSTITUTE SERVICES,
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, LOSS OF INFORMATION OR DATA,
OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR
OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF
THE SERVICES), WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR USE OF OR ACCESS
TO THE SERVICE OR CONTENT, EVEN IF FACEMEETING HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE.
11. Our Policy Toward Children
Our Service is not directed to children under the age of 13, and we do not knowingly collect, solicit,
or store personally identifiable information from, or about children under the age of 13. For that
reason, we may ask you to confirm your age when you sign up for the Service by providing an
accurate age. If a parent or guardian becomes aware that his or her under 13 child has provided us
with personally identifiable information without his or her consent, he or she should contact us at
privacy@FACEmeeting.com.
12. Governing Law and Venue
Any and all disputes arising from or relating to this agreement shall be governed by, construed, and enforced in accordance with the laws of Delaware, regardless of the legal theory upon which such matter is asserted and without regard to Delaware’s conflict of laws provisions. With respect to any and all disputes arising from or relating to this agreement, the parties agree that they are subject to personal jurisdiction in Delaware and that the exclusive venue for the resolution of any and all disputes shall be the United States District Court for the District of Delaware or, if that court lacks jurisdiction, the Delaware State Courts located in Newcastle County.
13. Termination
You may terminate these Terms of Service at any time by closing your account, discontinuing your
use of the Service, and providing us with a notice of termination at the address provided below.
We may close your account, suspend your ability to use certain portions of the Service, and/or ban
you altogether from the Service for any or no reason, without notice or liability of any kind (except as
otherwise expressly provided in Section 2 of these Terms of Service). If we close or suspend your
account for violating these Terms of Service, such closure or suspension shall be deemed a
termination with cause. We may also modify or terminate the FACEmeeting Service without prior
notice.
In the event of termination, whether by you or us, Sections 1, 3, 4, 5, and 9 through 14 of these
Terms of Service will continue in full force and effect, including our right to use Your Content as
detailed in Section 3C.
14. General
We may provide you with notices by email, regular mail or communications through the Service. You
agree that all agreements, notices, disclosures and other communications that we provide to you
electronically (to the email address you provide in your account profile) satisfy any legal requirement
that such communications be in writing.
You will comply with all applicable laws and regulations governing your use of the Service and
posting of Your Content (including, without limitation, all applicable laws governing export control).
In particular, but without limitation, you agree that:
If you are located in a country embargoed by the United States, or are on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of Commerce's
Denied Person's List or Entity List, you will not engage in commercial activities on or with
FACEmeeting (such a payments for FACEmeeting features);
You will not export or re-export the Services or the Mobile App into any United States
embargoed countries where receiving products, services, or software from the United States
is prohibited
15. File Storage on FACEmeeting Servers
Certain FACEmeeting subscription packages may allow you to upload and store files on the
FACEmeeting servers. So long as the uploaded files do not violate these Terms of Use, and subject to
storage availability, the files will be retained by FACEmeeting on our server while your subscription
package remains active. Upon expiration of your subscription package, FACEmeeting may continue
to retain these files for an additional thirty (30) days. After thirty (30) days, FACEmeeting may delete
files at any time as it performs regular maintenance of its servers. It is your sole responsibility to
maintain copies of your data locally on your equipment if you desire to ensure that such data is
preserved.
16. Binding Agreement
Thank you for reviewing these Terms of Service ("Terms of Service"), which create a legal agreement
between you ("you", "your" or "User") and FACEmeeting ("FACEmeeting", "we", "us" or "our") for
use of the website, www.facemeeting.com (the "Site"). The Site is operated from the United States
of America on behalf of FACEmeeting. If you choose to access the Site from locations outside the
U.S., you do so at your own risk and subject to the laws of the United States of America, and you are
responsible for compliance with any local laws. You may not use or export anything (including
information) from the Site in violation of U.S. export laws, regulations or these Terms of Use.
As stated previously, we may from time to time revise these Terms of Service (including by moving or
deleting portions of, or adding to, the terms that govern your use of the Site). You are bound by any
such revisions and should therefore periodically visit this page to review the then current version of
the Terms of Service. If you do not agree with these Terms of Service, you are not authorized to use
the Site. Your use of the Site following any changes constitutes your agreement to be bound by the
Terms of Service, as changed. In the case of any violation of these basic terms, FACEmeeting reserves
the right to seek all remedies available by law and in equity for such violations. These rules and
regulations apply to all of your visits to and use of the Site, both now and in the future.
17. Contact Us
If you have any questions about the Service, these Terms of Service or the Privacy Policy, please
contact us at privacy@FACEmeeting.com
