These Terms of Use are effective on 01/11/2019.
Please read these terms of use (’Terms of Use’) carefully before using the website and the service Enface (together, the ’Service(s)’). By accessing or using the Service, however accessed, You confirm Your unconditional acceptance of these terms and confirm that You have read and agreed to them before using the Service. The Service is owned by company Enface LLC (’Company’, ’Enface’, ’We’,’ Us’, ’Our’). These Terms of Use affect Your legal rights and obligations. If You do not agree to be bound by all of these Terms of Use, do not access or use the Service.
Company reserves the right, in its sole discretion, to update or revise or invalidate these Terms of Use unilaterally any time and notify You thereof through publication of notice on the website https://enface.io, which You hereby undertake to check on regular basis, or via e-mail. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. The current version of Terms of Use is published on the Internet at https://enface.io These Terms of Use govern Your use of the Service and any content that Company or Enface users may make available to the user on behalf of right holders through the Service.
Architecture of the Services does not allow us to access to the Content (as defined below), which You upload, send or receive in connection with Your use of the Services or which is provided to Enface in other ways, as well as to information about the recipients (or senders) of such Content. We also do not store on our servers or other media information on the relationships between the users and does not maintain IP, browser data, GPS data.
You must be at least 18 years old to use the Service. If You are younger than 18 years old please immediately stop using the Service and cancel Your account. This Service is not designed and is not suitable for individuals, younger than 18 years old.
You represent that in accordance with legislation of Your country You have the legal right and capacity to enter into these Terms of Use and any other binding agreement with Company, perform any actions in connection with using the Service in Your jurisdiction.
You are responsible for any activity that occurs through Your account and You agree that You will not sell, transfer, license or assign Your account, username, or any account rights. You agree that You will not create an account for anyone other than yourself.
You agree that You will not solicit, collect or use the data of Enface by any software or automated tools.
You are responsible for keeping Your password secret and secure. The password is the only key to access the Content uploaded, sent or received by You through the Service; the password cannot be restored and if You lose it, You shall forever and irrevocably lose access to the Content.
Company is not responsible for the safety of Your password, do not have access to it and due to the Services technical features cannot restore it or give a new password to replace the lost one, including on Your request.
If You lose Your password, You shall lose you paid access to the Services, funds shall be non-refundable.
You are solely responsible for Your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, links and other content or materials (collectively, "Content") that You submit, uploaded or downloaded on or via the Services.
You may not upload any violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive Content via the Service. In any case You shall not upload any Content which is covered by privacy regulation without prior written consent as necessary under the applicable law.
You represent and warrant that: (i) You own the Content uploaded by You on or through the Service or otherwise have the right to use it; (ii) the uploading and use of Your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to Your use of the Service and Your Content, including but not limited to, copyright and privacy laws.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Company.
You must not access the Service by means other than those permitted by Enface in these Terms of Use.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any Service page is provided or displayed in a user’s browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated devices, scripts, bots, spiders, crawlers or scrapers.
You must not attempt to restrict another user from using or enjoying the Service and You must not encourage or facilitate violations of these Terms of Use or any other Company terms.
Violation of these Terms of Use may, in Company’s sole discretion, result in termination of Your account in the Service.
Due to the technical features of the Service Enfacedoes not have access to the Content uploaded, sent or received by You through the Service, cannot control its content, recipients, as well as its compliance with the applicable legislation. Concerning that You understand and agree that Company cannot and will not be responsible for the Content uploaded on the Service and You use the Service at Your own risk. If You violate the letter or intent of these Terms of Use or Privacy Policy or otherwise create risk or possible legal exposure for Us, we can stop providing all or part of the Service to You.
We reserve the right to modify or terminate the Service or Your access to the Service for any reason, without notice, at any time, and without liability to You. If we terminate Your access to the Service, Your Content and other information will not be available to You.
Upon termination, all licenses and other rights granted to You in these Terms of Use will immediately cease.
All the Content, which You upload or receive in connection with usage of the Service or afford to Us in any other ways, is automatically saved on the Company’s servers in encrypted form. We will retain Content for as long as Your account is active or as it is necessary for providing services or in accordance with the settings specified by You. If You wish to cancel Your account or request us not to longer use the information to provide services, contact us through the support desk form.
We reserve the right to take away forcibly any username for any reason.
You are solely responsible for Your activities in order to use of the Service. You agree that We is not responsible or liable for the conduct of any user as well as any other third parties whom users may obtain the Content through the Service from.
There may be links in the Service, or in communications You receive from Us, to third-party web sites or features. The Service also includes third-party content that we do not control, maintain or endorse. You expressly acknowledge and agree that We is in no way responsible or liable for any such third-party services or features.
You agree that You are responsible for all charges on data transfer incurred by You while using the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with the Company’s express consent).
Enface does not claim ownership of any Content that You upload, send or create in connection with usage of the Service.
You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.
The Service contains content owned or licensed by Us. Enface retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Company Services are protected by applicable laws and treaties worldwide. Unless expressly authorized by mandatory legislation, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent of Company. All rights not expressly granted to You herein are reserved by Us.
Although it is Company’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Company is doing its best efforts to ensure the confidentiality of the Content uploaded, sent or received by You through the Services (including through the use of Our special technical equipment and devices to ensure confidentiality). In this case You agree that We will not be responsible for Your actions and the actions of third parties as a result of which the mentioned Content became available to unentitled persons.
THE SERVICE IS PROVIDED TO YOU "AS IS", WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY NOR ITS CHANNEL PARTNERS NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE Enface CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE SERVICE. IN ADDITION, Enface HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. Enface DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND Enface SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
COMPANY DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
IN NO EVENT COMPANY, OUR LICENSORS OR CHANNEL PARTNERS WILL BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS TERMS OF USE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT Enface, OUR LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS TERMS OF USE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT COMPANY, OUR LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) SHALL EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SERVICE OR FIVE EUROS (EUR 5), WHICHEVER IS LESS.
Hereby You agree to defend, indemnify and hold the Company harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of Your direct activities on the Service or those conducted on Your behalf): (i) Your Content or Your access to or use of the Service; (ii) Your breach or alleged breach of these Terms of Use; (iii) Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by You.
You will cooperate as fully required by Enface in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not in any event settle any claim without the prior written consent of Us.
You agree that any claim You may have arising out of or related to Your relationship with Company must be filed within six (6) months after such claim arose; otherwise, Your claim is permanently barred. The statute of limitations shall be applicable in the most favorable way for Us.
These Terms of Use shall not be deemed as a public offer or an adherence agreement.
You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Company. Any purported assignment or delegation by You without the appropriate prior written consent of Enface will be null and void.
We may assign these Terms of Use or any rights hereunder without Your consent.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
The Privacy Policy constitutes an integral part of these Terms of Use.
The Parties’ relationships not regulated by these Terms of Use and the Privacy Policy shall be governed by the laws of England and Wales.
Disputes between the Company and the users shall be resolved through negotiations, and in case of impossibility of such a settlement they shall be transferred to court at the location of Company.
We may modify or update these Terms of Use at any time, so please review them periodically. We can send You further notices, as appropriate, depending on the situation. If You continue to use the Services after making any changes to these Terms of Use, this will mean that You have accepted such changes.
This document, any part thereof and any copy thereof must not be taken or transmitted to any country where distribution or dissemination of this document is prohibited or restricted.
Please note that we are under no obligation to update this document, the Company’s website and/or any information given in connection with this initial coin offering. The document may, however, be subject to change. Any update provided by the Company will be made voluntarily and in its sole discretion.
The English language is the primary official source of information about the project. The information contained in English language may from time to time be translated into other languages. In the course of such translation some of the information contained in the English language document may be lost, corrupted or misrepresented. The accuracy of such alternative communications cannot be guaranteed. In the event of any conflicts or inconsistencies between such translations and the official English language, the provisions of the English language original document shall prevail.