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Terms of Service

I. Terms of Service

 

Effective date: This Terms of Service is effective and was last updated as of January 23rd, 2014 (the “Terms of Use“).

 

A. By accessing or using the services available through our Website (the “Services“) you agree to be bound by these Terms of Use and our Privacy Policy currently found at http://factecards.com/privacy-policy and incorporated herein by reference.

 

B. We may, at our sole discretion, modify or revise this Terms of Use and policies at any time by giving notice on the Website and/or through the Services, and you agree to be bound by such modifications or revisions.

 

 

II. User Accounts

 

A. Creation of a User Account. In order to create a user account for our Services (a “User Account“), you must (i) agree to be bound by this Terms of Use, (ii) provide information required for our sign in methods. You are responsible for providing complete and accurate information when registering for a User Account. You are responsible for maintaining the security of the User Account and any password associated therewith. You are also responsible for all Content that is Posted to the Website or through the Services using the User Account we provide to you, as well as any other activity originating from the User Account we provide to you. We reserve the right to deny registration of any individual and to deny access to our Services to any individual. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the User Account we provide to you.

B. Suspension and Termination of Account and Service. Generally, an account created with us will be considered active until we receive a user request to deactivate or delete it. We reserve the right to limit, suspend, terminate, modify, or delete (i) the User Account we provide to you or (ii) your access to our services or portions thereof (including any Content you or other users submit) for any reason, with or without notice to you, if (a) your account has been inactive for more than 180 days (b) you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with this Terms of Use (including, without limitation, the “prohibited actions” set forth in Section VI below). In the event we limit, suspect, terminate, modify or delete your account, we reserve the right to reassign your user name. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, with or without notice to you, at which point your use of the Services or a part thereof will be automatically terminated or suspended. We will not provide refunds, benefits or other compensation to users in connection with our exercise of any of our rights hereunder.

 

 

III. General Terms

 

A. You are responsible for your use of our Services, for any content you Post using the Services, and for any consequences or liability arising therefrom. As part of the Services, you will be provided the opportunity to create your own factE Cards on our website. You can Please note that other users of the Services will be able to view any Content you create. As such, you should only provide Content you are comfortable sharing under this Terms of Use.

 

B. The Services may include advertisements targeted to users, Content or queries made through the Services, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

 

C. The Services that we provide are always evolving and the form and nature of the Services may change from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

 

 

IV. User Posted and Third Party Content

 

A. We do not review new Content prior to it being Posted on the Website or through the Services. By Posting Content to our server, you guarantee us that you have the right to make this Content available for use in accordance herewith. You further agree that Content you Post to the Services will not contain third party copyrighted material, or material that is subject to other third party rights (including rights relating to publicity and privacy), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to Post the material.

 

B. We do not guarantee, support or represent the completeness, reliability, truthfulness or accuracy of any Content appearing on the Website or the Services. You understand that by using the Services, you may be exposed to Content you may find offensive, inaccurate or otherwise inappropriate, deceptive or in some cases, mislabeled. We expressly disclaim any liability for any Content, including, but not limited to, any errors or omissions within any Content, or any loss or damage of any kind incurred as a result of the use of any Content Posted, emailed or otherwise made available via the Services.

 

C. The Services may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve us of any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website that you visit.

 

D. We reserve the right to remove hosted content and take technical and legal steps to bar users from the Website and/or the Services if we believe them to be in violation of this Terms of Use. If you feel that any Content currently Posted on the Website or the Services is in violation of this Terms of Use, please click on the “Report this factE” link next to the non-compliant Content and follow the instructions provided.

 

 

V. CONTENT OWNERSHIP AND GRANT OF RIGHTS

 

 

A. Because of the social nature of Content shared through our Services, when you Post something publicly on our Website or through our Services, others may choose to add descriptive comments making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others and/or removing Content from another user’s profile.

 

 

VI. Prohibited Actions

A. You agree that you will not:

  • Take any actions with respect to your use of the Website or our Services that are unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions, accounts or photographic depictions of sexual or violent acts;
  • Post any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, but not limited to Posting discriminatory, racist or xenophobic Content;
  • Post any Content that includes images or videos portraying realistic images of people or animals being killed or maimed, shot, stabbed, tortured or injured;
  • Post any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Post any Content that you do not have a right to do so under any law or under any contractual or fiduciary relationship;
  • Post any Content that encourages excessive consumption of alcohol or illegal substances, or encourages minors to consume alcohol or smoke cigarettes;
  • Post web links to any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website, our mobile applications or the Services, or any system or computer our visitors and users access the Website, mobile applications or Services from;
  • Use any robot, spider or other automatic device, process or means to access the Website or Services for any purpose, including monitoring or copying any of the material on the Website, in violation of our robot.txt.
  • Interfere with or disrupt the Website or our Services or servers or networks linked to the Website or our Services, or disobey any requirements, procedures, policies, or regulations of networks linked to the Website or our Services;
  • Violate any applicable local, state, national, or international law;
  • Post any Content that includes images or videos of children, without first obtaining the consent of their parent or guardian to Post such Content;
  • Post any Content, or take any other actions with respect to your use of the Website or our Services, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;
  • Send unsolicited messages to users (spam) for commercial purposes;
  • Use the Website our Services for commercial purposes without our prior written consent;
  • Solicit other guests of the Website or our Services to become members of any commercial on-line service or other group or organization without first obtaining our express written consent; or
  • Post any Content that encourages thinspiration, depression, suicide, self-harm, eating disorder, drug use or any behavior that can negatively influence other users.

 

VII. Account Termination Policy

 

We will terminate a user’s access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer. We also reserve the right to decide whether Content violates this Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and at our sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of this Terms of Use.

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