KLIK

KLIK Terms of Use

These terms of use ("Terms of Use") regulate the rules and conditions subject and according to which you may access and make use of KLIK, an application (the “Application” or "KLIK"), operated by Face.com Inc. (the "Company", “we”, or “us”).

BY downloading the Application and specifically by using any of the features, products, services, or content that may be available from time to time via the Application (together, the “Service”) you agree to be bound by both these Terms of Use and the KLIK Privacy Policy, which is incorporated here by reference. These Terms of Use apply to all users of KLIK, whether registered or non-registered. Each time you use or access KLIK you are responsible for being familiar with any changes or modifications to these Terms of Use, which may occur from time to time.

The Service is offered to you free of charge. However, other charges may apply, such as messaging, data, airtime and other service fees to your mobile phone carrier. You are solely responsible to check, arrange and pay for any service fees associated with your ability to access KLIK as well as any other equipment necessary to connect to any service offered by the Application.

You can terminate the Service at any time by uninstalling the KLIK application.

A. Description of Service

Using KLIK, you will be able to quickly recognize and tag your friends on social networks in photos. You may also share photos on social networks and/or the KLIK public photos network. You will not be able to recognize people who are not your friends on Facebook or contacts manually added to your personal contact list.

B. Privacy

Please refer to the KLIK Privacy Policy for information on how we collect, use and disclose information from our users. Your use of the Services signifies acknowledgment of and agreement to the KLIK Privacy Policy.

C. Your Registration Obligations

You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on our site ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data and any other information you provide to us, keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.

D. User Conduct

Without limitation, we reserve the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

You shall not use any portion of the Application or the Services for uploading, posting, emailing, transmitting or otherwise making available information that is unlawful, infringe on another's intellectual property rights, infringe on another person’s privacy, or are harmful to minors in any way.
You shall not attempt to interfere with any other person's use of the Services.
You shall not misrepresent your identity or impersonate any person.
You shall not hold yourself out as sponsored by, endorsed by, or affiliated with the Application.
You shall not use any portion of the Application or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
You shall not use any portion of the Application or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
You shall not attempt to gain unauthorized access to KLIK’s database, data services, or other computer systems.
You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by KILK in connection with the Application or the Services.
You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Application or the Services.
You shall not infringe another person’s privacy by taking his or her photo, posting it online, and/or tagging it, without his or her consent or as permitted by the laws in your country.
You shall not use any portion of the Application or the Services for any unlawful purpose.

All judgments concerning the applicability of these guidelines shall be at our sole and exclusive discretion.

E. User Content and KLIK Public Photos Network

The Services include a public photos network (“Public Network”) in which you or other users may post, link, store or otherwise make available certain photos, tags, graphics, information, text and/or other materials ("User Content"). You are solely responsible for your use of the Public Network and use it at your own risk. By using the Public Network, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our site any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
With the exception of photos or tags, private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and
User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Public Network or the Services.

We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, privacy infringements, obscenity, pornography or profanity you may encounter.

As a provider of interactive services, we are not liable for any statements, representations, User Content or Third Party Content (as defined below) provided by users in the Public Network or any public forum. Although we have no obligation to screen, edit or monitor any of the User Content posted in the Public Network, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored through our Services or on our servers at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing, any User Content you post or store through our Services or on our servers, at your sole cost and expense.

We do not own the User Content you post to the Public Network, but in posting User Content to the Public Network you grant us a nonexclusive, royalty-free and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with our Services. You may cancel this license at any time by removing the User Content from the Public Network by using the easily available delete function.

The Application and Services may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity.

F. Proprietary Rights

We expended substantial time, effort, and funds to create the Application and Services. All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the "Content"), except User Content, in connection with the Application are the property of the Company and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

No copyrighted material or other Content may be reproduced, modified, create derivative works from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) without our express prior written consent. Use of the Content is only permitted with our express written permission. All rights are reserved.

Notice of Copyright Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed upon;(3) a description of where the material that you claim is infringing is located on the Application or the Services; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Trademarks and Service Marks. Face.com and the KLIK logo, are, without limitation, either trademarks, service marks or registered trademarks of the Company and the products and services described or offered in the Application or the Services are either the trademarks, service marks or registered trademarks of the Company, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

G. Errors or Delays in Transmission, and Limitations on Service

WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. We are not responsible for typographical errors or omissions relating to pricing, text, or other materials, including the accuracy of maps that are displayed on the Application and the Services. Furthermore, while we attempt to ensure your access and use of the Application is safe, we cannot and do not represent or warrant that the Application or the Services are free of viruses or other harmful components.

H. Termination of Services

We may terminate your access to the Services with or without cause at any time and effective immediately, at our sole discretion, including but not limited to your failure to conform with these Terms of Use. We shall not be liable to you or any third party for termination of use of the Services. You are solely responsible for creating backup copies of and replacing, any User Content at your sole expense. Upon termination, your right to use the Services shall cease immediately. Sections B, F-N shall survive termination of this Agreement.

I. Disclaimer of Warranties

THE APPLICATION AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE APPLICATION AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

J. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APPLICATION OR THE SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE APPLICATION OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION OR THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

K. Third Party Links

The appearance of external hyperlinks and/or ads generated by third parties does not constitute endorsement by the Company, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and we do not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at such sites. Furthermore, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither the Company nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in such sites. Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within such third party hyperlinked sites.

L. Indemnification

You agree to indemnify, defend and hold harmless, the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

M. Disputes

Any controversy or claim arising out of or relating to these Terms of Use, the Company, the Application or the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco County, California necessary to protect the rights or property of you or the Company (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

If there is a dispute between users of the Application or the Services, or any third party, we are under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Application or the Service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

N. Governing Law

These Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law provisions. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or the Services or to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

O. Agreement

These Terms of Use constitute the entire agreement between you and us and governs your use of the Application and the Services, superseding any prior agreements between you and us with respect to the use of the Application and the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Last Revised: January 10, 2011