PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS APP OR SITE CAREFULLY. BY ACCESSING, BROWSING OR OTHERWISE USING THIS APP OR SITE YOU, THE INDIVIDUAL USER OF THIS APP OR SITE HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, WITHOUT LIMITATION OR QUALIFICATION, AND FURTHER ACKNOWLEDGE THAT YOU HAVE THE AUTHORITY AND DO HEREBY LEGALLY BIND THE BUSINESS ENTITY, IF ANY, TO WHICH YOU SERVE AS AGENT, INDEPENDENT CONTRACTOR OR EMPLOYEE THEREOF TO THE SAME TERMS, WITHOUT LIMITATION OR QUALIFICATION. THESE TERMS SHALL TAKE EFFECT IMMEDIATELY ON YOUR FIRST USE OF THE APP OR SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PROCEED ANY FURTHER AND DO NOT USE THIS APP OR SITE.
The terms “we,” “us,” and “our” refer to FaceDate, LLC. and its subsidiaries and affiliates (collectively, “FaceDate”). The terms “you” and “yours” refer to the individual or company registering for or using the App offered by us in this app or site.
2. SCOPE OF TERMS AND CONDITIONS
These Terms and Conditions apply to your use of all apps or sites and App owned or operated by FaceDate, LLC. (“FaceDate”) (“we” and “us”), for the benefit of users in the United States of America (“USA”) and any other App or Site that we may own or operate in the future (collectively, the “App or Site”). Unless we say otherwise, all references to the App or Site in these Terms and Conditions include all such apps or sites. Please note that this App or Site is intended for use in the USA only and these Terms and Conditions apply only to use in the USA. FaceDate agrees to provide the App that you register for through this App or Site. You agree to perform the obligations set forth in these Terms and Conditions that are required to allow FaceDate to deliver the App.
2.1 These Terms and Conditions apply to your use of all apps or sites and App owned or operated by FaceDate, LLC. (“FaceDate”) (“we” and “us”), for the benefit of users in the United States of America (“USA”) and any other App or Site that we may own or operate in the future (collectively, the “App or Site”). Unless we say otherwise, all references to the App or Site in these Terms and Conditions include all such apps or sites. Please note that this App or Site is intended for use in the USA only and these Terms and Conditions apply only to use in the USA. FaceDate agrees to provide the App that you register for through this App or Site. You agree to perform the obligations set forth in these Terms and Conditions that are required to allow FaceDate to deliver the App.
2.2 The contents of this App or Site are protected by national and international copyright and trademark laws and are the property of FaceDate. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the App or site.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively “Marks”), whether explicitly marked or not, used on this App or Site are owned by FaceDate, its subsidiaries, affiliated companies or joint partners, or user under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws. You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or other use any information, content or Marks provided on this App or Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of FaceDate. You may, however, copy, print or otherwise use the information, content or Marks provided on this App or Site provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any App, product, brands or affiliates through the use of any information or content. Other use of any information, contents or Marks except as specifically Product or Services in these Terms or in a written instrument signed by FaceDate is strictly prohibited. You may not change or delete any author credit, trademark, Mark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the App or site.
Nothing contained in this App or Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of FaceDate or any third party.
You are not Product or Services to create a hyperlink to any page or portion of this App or Site or frame any page of portion of this App or Site without the prior written permission of FaceDate.
2.3 FaceDate hereby grants you a non-exclusive, non-transferable, limited right to access and use the App or Site and the App for your own personal or your internal commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the App or Site in any way. We reserve the right to restrict your access to part or all of the App or Site (including any password protected areas) at any time without notice or liability.2.4 These Terms expressly include any and all additional terms and conditions that are set forth in any of the Apps or Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms conflict with any terms and conditions set forth in any of the Apps or Sites, the terms and conditions set forth in the Apps or Sites shall control with respect to the particular App or Site to which the terms and conditions are posted.
3. YOUR USE OF THE FACEDATE APP
3.1 You are responsible for providing FaceDate with the correct information about you when you register for the FaceDate Service. Required details may include, without limitation, your name, address, mobile telephone number, business details (if relevant), email address and method of payment details. Account details may be updated within the Personal Pages for the users account within the FaceDate app or site, or via the mobile applications. Additionally, changes may be made by contacting FaceDate’s Helpdesk during regular business hours at email@example.com or via our app’s Improve App feature. You are responsible for keeping your password and login information for our App or Site secret so that only you can access your account’s personal pages on our app or site. Until you notify us of an unauthorized use of your Personal Pages, we will continue to bill you for the App.
3.2 You activate the App by using the FaceDate app on your smart phone device or using the FaceDate site (https://thefacedateapp.com).
3.3 We attempt to be as accurate as possible when describing our App, however, we do not warrant that the service descriptions are complete, reliable, current or error-free. If a service offered on the App or Site is not as described, your sole remedy is to cancel the App.
4. APP AND PAYMENTS *
4.1 Purchase Policy
Policies set forth prohibit us from issuing exchanges or refunds after a purchase has been made. Our goal is to make your purchasing experience easy, efficient and equitable, so we can get you on your way as quickly as possible. This purchase policy is designed to ensure your satisfaction and understanding of the purchase process on our Apps or Sites. If you have any questions about the information contained herein, please contact us.
4.2 Payment Methods
Via Stripe, Apple Pay, Google Pay, and PayPal we accept several methods of payment to accommodate your needs.
4.3 Payment Processing Fees and Service Fees
App purchased on our Apps or Sites may be subject to service fee(s) and a non-refundable per order payment processing fee.
4.4 Aggregate Payments
FaceDate may choose to aggregate transactions under the rules set forth by PayPal for small transactions. Aggregation means your transactions may be grouped and submitted together rather than processed individually. Any additional funds not used to complete your transaction will be released. Details of all your transactions are available in our app.
4.5 International Use
FaceDate makes no representation that materials on this App or Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this App or Site from other locations do so on their own initiative and are responsible for compliance with local laws.
4.6 Cancelled Services
Occasionally, services are cancelled. When this occurs, we will make every effort to ensure you receive prompt cancellation. Please make sure to provide your FaceDate profile and contact information if applicable.
4.7 Delivery of App
Orders are processed only after a billing address has been verified. Occasionally, we receive incorrect billing or credit card account information for a Product or Service order that can delay processing and delivery. In these cases, customer service will attempt to contact you, using the information provided at the time of attempted purchase. If we are unable to reach you, FaceDate may cancel your order and may sell your Product or Service(s) to another customers.
4.8 Standard Mail or Federal Express Delivery
Please allow enough time for the delivery of your Product or Service order. If you have selected delivery by United States Postal Service standard mail, please allow 7-10 business days after your order is placed to receive your Product or Service. App sent via USPS ca be sent only to the verified billing address within the U.S. or Canada. FedEx packages are sent only to the verified billing address in the U.S. and cannot be sent to Canada or to any other country. If you selected FedEx, please allow at least three (3) business days for delivery. These are approximate times, and FaceDate is not responsible for deliveries that take longer. If you have not received your Product or Service(s), please contact us.
4.9 Number of App Per Customers
When purchasing App on the App or site, you are limited to a specified number of App. This amount is verified with every transaction. This policy is in effect to discourage unfair Product or Service buying practices. All orders are tracked by name, address and order number. Customer orders for more than the stated limit will be void and charges will be non-refundable.
4.10 User Contributions to the App or Site
There may be opportunities for you to contribute to the App or site. These may include among others, uploading your user profile, participating in chats, etc. which collectively, we call “Content”. FaceDate is not liable or responsible for any Content provided by its users or other third parties to the App or Site (“User Content”). The contributions of third parties do not necessarily represent the view or opinions of FaceDate. FaceDate cannot preview User Content before it appears. You can be held liable for any illegal or prohibited User Content you provide to the App or site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the App or site, please notify us at firstname.lastname@example.org. We will investigate your claim and may then take the actions deemed appropriate.
5. COMPLIANCE AND OWNERSHIP OF FACEDATE APP OR SITE
5.1 You are responsible for your own continuous compliance with these Terms and Conditions and other guidelines released by us from time to time. You shall not engage in activities prohibited by us, including, without limitation: (a) intentionally accessing data not intended for your use; (b) attempting to breach security or authentication measures without proper authorization, or interfere with this App or Site and any App offered on the App or Site; (c) taking any action to obtain App to which you are not entitled; or (d) assisting any persons in engaging in any of the activities described above.
5.2 We own and shall retain all rights and interest in the intellectual property rights in the App or Site content, App, and our proprietary information, which includes without limitation, all software, source and object code, specifications, metrics, customizations, designs, processes, techniques, concepts, improvements, discoveries and inventions, including, without limitation, any modifications, improvements or derivative works thereof and all works of authorship or inventions created, invented, reduced to practice or delivered by us or any third party either solely or jointly with others, arising from these Terms and Conditions, including all copies and portions thereto, whether made by or under the direction of us or you.
6. SMS MESSAGES, MOBILE APPLICATION PUSH AND EMAIL NOTIFICATIONS
6.1 As part of the App, FaceDate may send reminders, alerts (further referred to as ‘notifications’), or critical service-related notifications via SMS text message, (“Mobile application”) push or email to its users, and you acknowledge and consent to the receipt of such messages. FaceDate may use one or more of the following carriers for SMS message delivery: Cellular One Dobson, Centennial Cellular Corp, Sprint, Verizon Wireless, RCC – Unicel, Virgin Mobile USA, Boost, T-Mobile, Cincinnati Bell, AT&T, ALLTEL, and U.S. Cellular.
6.2 You may set up SMS text message, push or email notifications via your Personal Pages By agreeing to these Terms and Conditions, you certify that you are the account holder of the mobile phone number provided to FaceDate or that you have the account holder’s express permission to use the specified phone to receive text messages about your account from FaceDate.
6.3 You may receive standard SMS messages, push or emails relating to your session or FaceDate service communications. Message and data rates may apply.
6.4 You acknowledge and agree that the reception of SMS messages, push and emails is not 100% guaranteed and that you are responsible for the timely activation or deactivation of a transaction. You further acknowledge and agree that the reception of SMS messages, push and emails is dependent on the operation of your mobile phone provider and/or internet service provider and the service of the mobile phone company and/or internet service provider with which you have an account or prepaid card. FaceDate shall have no responsibility or liability for the damages and costs incurred by your not receiving an SMS message, push or email on time or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider.
6.5You may opt out of receiving SMS text messages, push or email notifications at any time. Opting out of SMS, email or push notifications can be completed within the FaceDate app or site. (In the case of Push notifications, the user must choose to stop receiving within their mobile phone). To stop the messages from coming to your phone, you may opt out by emailing us at email@example.com or via the Improve App feature in the app.
7.1You agree to pay all fees for App provided to you pursuant to these Terms and Conditions.
7.2 FaceDate shall process fees by charging you at the time of your transaction. You must have a valid credit, or debit card, or PayPal account, or suspension of App may occur. If your credit card or debit card is declined your FaceDate account may be blocked or terminated. Additionally, FaceDate reserves the right to transfer claims to third parties.
7.3 A history of your transactions, indicating the locations, times and costs is accessible by you from this app or site. Alternatively, if you wish to receive an invoice by mail, you may request one from us, and we will provide you with one, subject to a processing fee.
7.4 If in good faith you dispute any amount billed to you, you must provide us written notice of the dispute within thirty (30) days of receipt of such invoice. You agree to pay any undisputed portion of such invoice when due. Your failure to comply with this procedure shall constitute your approval of such amounts billed to you. You will reimburse us for all costs of collection, including reasonable attorney fees. You will pay interest on all amounts not paid when due at the rate of 1.5% per month, or the highest lawful rate, whichever is less.
This app or site does not require membership fees. Registration is completely free.
9. TERMINATION AND REMEDIES
9.1 Without limiting other rights or remedies set forth in these Terms and Conditions or as otherwise available by law or in equity, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to this App or Site in whole or in part: (a) if you breach these Terms and Conditions; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe, in our sole discretion, that your actions may cause legal liability for you, other users, us or third parties.9.2 *For the avoidance of doubt, we may cancel your Product or Service order or exercise any other remedy available and remove unauthorized User Content, if we believe that the User Content you provided has violated or is inconsistent with these Terms or violated the rights of FaceDate, another User, or the law. You agree that monetary damages may not provide a sufficient remedy to FaceDate for violations of these Terms and you consent to injunctive or other equitable relief for such violations. FaceDate may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. FaceDate is not required to provide any refund to you if you are terminated as a User because you have violated these Terms. Without limiting the foregoing, you may report the misconduct of user and/or third-party advertisers, service and/or product providers referenced on or included in the App or Site to FaceDate at firstname.lastname@example.org. We may investigate the claim and take appropriate action, in its sole discretion.
10. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
10.1 YOU USE THIS APP OR SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS OFFERED THROUGH THIS APP OR SITE, INCLUDING CONTENT PROVIDED BY THIRD PARTY ADVERTISERS AND SPONSORS FOR THIRD PARTY VENUES AND FACILITIES, ON THIS APP OR SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL FACEDATE, ITS SUBSIDIARIES, DIVISIONS, AFFILIATED COMPANIES, JOINT VENTURES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS APP OR SITE OR ANY OTHER HYPERLINKED APP OR SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR HANDLING SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THIS APP OR SITE OR THE INFORMATION, CONTENT DOCUMENTS OR SOFTWARE THEREOF, EVEN IF FACEDATE, ITS SUBSIDIARIES, DIVISIONS, AFFILIATED COMPANIES, JOINT PARTNERS, OFFERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST FACEDATE IS TO DISCONTINUE USE OF THIS APP OR SITE AND ANY HYPERLINKED APPS OR SITES AND TO DISCONTINUE THE USE OF PRODUCTS ON THIS APP OR SITE AND ANY HYPERLINKED APPS OR SITES.
10.2 For the avoidance of doubt, the Apps or Sites may not be used by our visitors for any commercial purposes such as to conduct sales of App, event tickets, merchandise or App of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other Apps or Sites for the purposes of selling App of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the App or Site and barring such violators from use of the App or site. We reserve the right to block access to or cancel a Product or Service order for any user known or reasonably believed to be associated with any Product or Service broker or scalper or utilizing automated means to process or place Product or Service orders, or whose Product or Service order exceeds the stated limit.
10.3 FaceDate is not responsible for any loss or damage that you may suffer as a result of you not using the App correctly or if you fail to comply with these Terms and Conditions or any other instructions given to you by FaceDate.
You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in these Terms and Conditions; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling or advertising goods on this app or site; and (vi) your use of this App or Site or the products of FaceDate or any third party.
12. GOVERNING LAW; JURISDICTION AND VENUE
12.1 These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of Maryland and Wyoming without regard to its conflicts of laws principles. Contracts shall not apply to or govern these Terms and Conditions. You consent to the exclusive jurisdiction and venue of the state and federal courts in Maryland, U.S.A., and you irrevocably commit to the jurisdiction and venue of said courts and waive any right to object thereto. The parties further agree that these Terms and Conditions shall be deemed to have been entered, executed and performed for all purposes within the State of Maryland.
12.2 We intend for this App or Site to be used by adults only and individuals or companies that can form legally binding contracts under applicable law. This App or Site should not be used by minors. If you do not qualify, you are not to use this App or Site and you do not have our consent to do so.
13.2 Miscellaneous. You warrant to FaceDate that you will not attempt to gain unauthorized access to any App offered by FaceDate or computer systems or networks connected to any FaceDate server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by FaceDate. When using the App or Site you agree not to pretend to be someone else or spoof their identity.
By using this App or site, you further agree that you will not use this App or Site or any materials available thereon for any unlawful activity or use it in any way that would violate any of these Terms. If any provision of these Terms and Conditions are found unlawful, void or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter hereof. These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions, or by a writing signed by both parties. Any inquiries concerning these Terms and Conditions should be directed to email@example.com