MYWEBFACETM - TERMS OF USE

LAST UPDATED:June 01, 2009

 

Welcome to myWebFace.com, operated by Starnet Interactive Ltd. ("we" or "us" or "Starnet"). When using the services offered on or through www.myWebFace.com (together with any successor site(s), the "Site"), you agree to the following terms and conditions (the "Terms of Service"). We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time. You can always check out the most current version of these Terms of Service at this page. You can determine when these Terms of Service was last revised by referring to the "Last Updated" legend at the top of these Terms of Service. In addition, when using particular services on or through the Site, you shall be subject to any posted guidelines applicable to such services, including any terms or conditions applicable to services provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service. If you do not understand or agree with these Terms of Service please do not use the Site or the Services (as defined below) and do not register to be a member of the Site. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at info@help.mywebface.com. Do not use the Services until these questions and concerns have been answered to your satisfaction, and you agree to abide by the terms and conditions of these Terms of Service.

 

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Services, including, but not limited to (i) restricting the time the Services are available, (ii) restricting the amount of use of the Services permitted, and (iii) restricting or terminating any user's right to use the Services, with or without notice; (b) charge fees in connection with the use of the Services; (c) modify and/or waive any fees charged in connection with the Services; and/or (d) offer opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any service, content or feature offered through the Services. Your continued use of the Services following the posting of changes to these terms will mean you accept those changes.

 

Overview

 

The Site offers a multi-purpose service which, in combination with the myWebFace Toolbar, allows you to, among other things, create your online cartoon avatar that can be exported to your Facebook profile, on other social networks, or to represent you on your favorite messaging tool (together with the Site, collectively, the "Services"). These Terms of Service apply to the Services; outside of the Services, use of the myWebFace Toolbar itself is governed by an End User License Agreement and Privacy Policy available myWebFace EULA. All content and services made available through the Site that were not made available as of the "Last Updated" date above, shall automatically be deemed to be part of the Services when first made available through the Site.

 

Eligibility

 

You must be an individual of 13 years of age or older to register or use the Services. If you are not yet 13 years old, do not use the Services. Use of the Services is void where prohibited. By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service, and you agree to be legally bound by these Terms of Service, just as if you had signed this agreement.

 

If you are at least 13 but not yet 18 years of age: Please have your parents or legal guardian review these Terms of Service with you, discuss any questions you might have, and give you their permission to register and use the Services with both your and their full understanding of these Terms of Service. By using the Services, you are telling us that you and your parent or guardian have joined in this agreement.

 

If you are a parent or guardian: Parents and guardians are advised to exercise supervision over their children's on-line activities. If you do not agree to these Terms of Service, do not let your child use the Services

 

Restrictions on Use of Materials

 

You acknowledge that the Services may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. The entire Content, taken together, is protected under U.S. copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms of Service. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Services.

 

The myWebFace.com name and related intellectual property the exclusive property of Starnet Interactive, Ltd.. Certain other trademarks appearing on the Services are the property of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

 

Information Submitted Through the Services

 

Your submission of information through the Services is governed by our Privacy Policy located at myWebFace privacy policy (the "Privacy Policy"). These Terms of Service incorporate by reference the terms and conditions of the Privacy Policy.

 

myWebFace Avatar

 

A myWebFace avatar (the "Avatar") is a visual representation that you create using our Services. Through the Services you may create your Avatar. Your use of your Avatar will be governed by these Terms of Service and any other guidelines or rules posted on the Services. You agree that you will not gain any right, title or interest whatsoever in any Avatars you use, create or modify through the Services or the myWebFace Toolbar, and that copyright ownership shall remain with us. If, by operation of law or otherwise, you accrue any right, title or interest (including, without limitation, trademark, copyright, right of publicity or patent rights) in or to any Avatar, or any other portion of the Services, you hereby assign, transfer and convey, and agree to assign, transfer and convey, all such right, title and interest to us. To the extent that, by operation of law or otherwise, any of such rights, title or interest cannot be assigned, you (a) agree to waive enforcement worldwide of any "artist's rights" or "moral rights" that cannot be assigned; and (b) you grant us the exclusive, worldwide, irrevocable, perpetual license to use, reproduce, distribute, create derivative works of, publicly perform and publicly display any item encompassing such unassignable rights, in any medium or format, whether now known or later developed. You (or your parent or guardian) agree to execute, at our request and expense, all documents and other instruments necessary or desirable to confirm our rights as set forth in these Terms of Service. Subject to these Terms of Service, you are hereby granted a personal, nonexclusive, nontransferable, limited license to view, email, distribute, reproduce, print, cache and store your Avatar(s). We reserve the right to revoke such license at any time for any or no reason.

 

Submissions

 

If you submit materials to us (collectively, the "Materials"), you automatically grant (or warrant that the owner of such Materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Materials or incorporate such Materials into any form, medium, or technology now known or later developed throughout the universe, and to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

 

Notwithstanding the foregoing, to the extent that any Materials contain creative suggestions, recommendations, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

 

Illegal behavior

 

You will comply will all applicable laws, regulations, and ordinances as a condition of use of the Services. We will terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters.

 

Links

 

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources, including sites where you may be able to purchase real-world versions of virtual goods available in the Site environment. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, or any specific goods or services, and that we do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources. You understand that you may be exposed to Third Party Materials that are offensive, indecent or objectionable. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials available on or through any such site or resource.

 

U.S. Export Controls

 

Any Software downloaded from the Site is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

 

THE SERVICES ARE PROVIDED 'AS IS' AND "AS AVAILABLE" AND YOU USE THEM AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE SERVICES OR ANY VIRTUAL AVATARS WILL MEET YOUR REQUIREMENTS, OR WILL UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS (VIRTUAL OR REAL), SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE.

 

Limitation of Liability

 

We use diligent efforts to maintain the Services, but we are not responsible for any defects or failures associated with the Services or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, we make no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Services, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the Services may locate unintended and objectionable content.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (v) ANY MATERIALS OR CONTENT MADE AVAILABLE THROUGH THE SERVICES BY US OR ANY THIRD PARTY; AND/OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE, THE SERVICES OR THE SOFTWARE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification

 

YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STARNET INTERACTIVE, LTD. AND OUR PARENT COMPANIES, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE SITE AND/OR SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

 

Termination and Modification

 

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Materials within the Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We may also, in our sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services.

 

Jurisdictional Issues

 

The Site is controlled and operated by Starnet from the United States, and is not intended to subject Starnet Interactive, Ltd. to the laws or jurisdiction of any territory other than that of the United States. Starnet does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

Governing Law and Other Miscellaneous Terms

 

These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Starnet. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Starnet may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without Starnet's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and Starnet relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. These Terms of Service will inure to the benefit of Starnet's successors, assigns and licensees. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Copyright and Copyright Notices

 

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • 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;
  • 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.
  • Please contact our Copyright Agent for Notice of claims of copyright infringement at:

Registered Copyright Agent

Starnet Interactive, Ltd.
c/o Mindspark Interactive Network, Inc.
One North Lexington, 9th Floor

White Plains, NY, 10601
Facsimile:(914) 591-0205
Email: dmca@mindspark.com

 

PLEASE NOTE:By submitting a notice of alleged copyright infringement, you are granting Mindspark Interactive Network, Inc. permission to share your name and contact information with the user who posted the allegedly infringing material.

 

Information or Complaints

 

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@help.mywebface.com. You may also contact us by writing to Starnet Interactive, Ltd., c/o Mindspark Interactive Network, Inc., 1 North Lexington, 9th Floor, White Plains, NY, 10601, Attention: Customer Service, or by calling us at 877-229-9138. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Filtering

 

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Netparents.org website at: http://www.netparents.org/parentstips/browsers.html.

 

© 2009 Starnet Interactive, Ltd. All rights reserved.