Facereality.com: Face Reality is provided free of charge to you by Face Reality Inc. (including all other subsidiaries and affiliates of Face Reality., "FR"). Although portions of may be viewed simply by visiting the web site, in order to access the message boards and/or receive additional services from FR you need to sign on as a guest or register as a member of Face Reality. If you sign on to Face Reality as a guest, these Terms of Service will govern your use of Face Reality, including access to message boards and other features. If you register as a member of Face Reality, these Terms of Service will govern your use of Face Reality, including access to message FR boards, chat rooms, the e-mail account and personal web site that may be provided to you in connection with and other features. BY SIGNING ON TO FR AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of FR and all services provided in connection with TWN, including but not limited to any e-mail accounts provided to you by FR. FR shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter FR. The Terms of Service for your continued use of FR will be available throughout FR. Please check these areas before using FR to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with FR immediately (i) by notifying FR of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of FR. Your continued use of FR will signify your acceptance of any change in the terms and conditions set forth herein.

From time to time FR may supplement these Terms of Service with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on FR to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.

2. Registration Information/Privacy Policy

When you register for FR, you will be required to provide FR with the following information: your name, e-mail address, mailing address, zip code, country, gender, age, birth date, member name and password. In addition, you may choose to provide FR with additional information, including: your household income, education, marital status and employment status.

Any information provided by you or gathered by FR or third parties during any visit to FR shall be subject to the terms of FR's Privacy Policy, which is incorporated herein by reference. Click here if you wish to read FR Privacy Policy. FR reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences; such offers may be provided to you by FR.

FR reserves the right to terminate your FR account and remove your FR postings if FR learns that you have provided FR with false or misleading registration information.

3. Termination

FR reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access FR and/or any other service provided to you by FR.

4. Modifications of these Terms of Service

FR may modify these Terms of Service from time to time in its sole discretion. Each time you log on to FR, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at FR's discretion) to provide you notice of such changes to your FR e-mail account, any other e-mail address you have provided to FR, or post office address you have provided to FR.

5. Modifications of the FR Network

FR may modify or discontinue FR with or without notice to you and without liability to you or any third party.

6. Content of Messages

You alone are responsible for the content of your messages, and the consequences of any such messages. FR reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. FR is to be used by you for your personal use only. Commercial uses of FR are strictly prohibited unless prior written consent from FR has been granted. You agree that you will not use FR for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You further agree not to use FR to send or post on message boards or any place on FR, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by FR in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on FR. FR reserves the right to delete any such material from FR. FR will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of FR. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use FR to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) FR permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to FR, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on FR is not protected by Rights rests with you. You acknowledge that FR may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any "public area" of FR, including message boards, forums, contests, personal web sites and chat rooms, you grant FR and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on FR retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON FR, YOU HEREBY EXPRESSLY PERMIT FR TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY FR LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

7. Third Party Services

You may not order services or merchandise through FR from other persons not affiliated with FR ("Seller").

FR may include special routing icons which may be located within FR, the activation of which will allow you to access and learn more about FR and other services provided by FR or its affiliates whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

8. Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify FR of any unauthorized use of your registration or password.

9. Notification of Any Possible Copyright Infringement

In the event you believe that material or content published on the FR may infringe on another's or your copyright, please provide detailed written notice of such possible infringement via a detailed e-mail message to facemail@facereality.com.

10. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF FR IS AT YOUR SOLE RISK. FR IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

FR MAKES NO WARRANTY THAT FR WILL MEET YOUR REQUIREMENTS, OR THAT FR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FR. FR WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF FR.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FR IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT FR DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH FR. FR IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER FR NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN FR, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. FR ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

FR SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN FR. YOUR PARTICIPATION IN FR IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FR OR THROUGH TWN, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

FR MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH FR OR ANY TRANSACTIONS ENTERED INTO THROUGH FR.

FR IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE FR SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against FR with respect to such sites.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, FR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. FR specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on FR, you are promising that the content of your advertisement is true and that you will indemnify FR against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on FR, you waive any claims against FR for damages arising from such advertisement or your reliance upon statements in such advertisement.

11. Limitation of Liability

FR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE FR OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH FR OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF FR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. E-Mail Message Storage

FR assumes no responsibility for the deletion of or failure to store e-mail messages.

13. Promotional Messages

FR and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc.FR makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither FR nor such third party shall have any liability with respect thereto.

14. Indemnification

You agree to indemnify and hold each of FR, their parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of FR, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

15. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions. By registering for or entering FR, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Nevada, USA.

16. Remedies for Breach of these Terms by You

In the event that FR determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of FR, FR reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to FR; (iii) delete all content provided by you to FR; (iv) discontinue your registration(s) with FR and/or any other FR community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which FR deems to be appropriate.

If your registration(s) with or ability to access FR, any other FR community and/or any other service provided to you by FR is discontinued by FR due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of FR, then you agree that you shall not attempt to re-register with or access FR, any other FR community and/or any other service provided by FR, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, FR reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.

17. Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

FR may assign its rights and obligations under these Terms of Service and upon such assignment FR may be relieved of any further obligation hereunder.

You represent to FR that you have the authority to register with or visit FR according to these Terms of Service. FR does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit FR.

These Terms of Service and any Additional Terms (as such terms shall be identified when posted on FR by Facereality.com) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of FR, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

FR reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days' prior written notice to you.

 

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