Privacy & Terms

Privacy & Terms




FaceFind Privacy Policy




 

Last Updated: June 26, 2020

 

This Privacy Policy describes the privacy practices of FaceFind in connection with the FaceFind mobile application (the “App”) and www.facefind.io website (the “Site”).

 

Welcome to FaceFind’s Privacy Policy!

 

If you do not want to read the entire Privacy Policy, we want to inform you a few key points about FaceFind’s privacy practices:

If you have any questions about our privacy practices or need help, please email support@facefind.io.

Here’s more on our privacy practices. Individuals located in the European Economic Area should also read our Notice to European Users section.

Personal Information We Collect

When you use the App, we may collect information about you, including:

How We Use Your Personal Information

We do not use the photographs you provide when you use the App for any reason other than to provide you with the face searching functionality of the App. We may use information other than photographs for the following purposes:

To operate and improve the App:

To send you marketing and promotional communications. We may send you marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the opt out of marketing section below.

To display advertisements to you. If you use the free version of the App, we work with advertising partners to display advertisements within the App. These advertisements are delivered by our advertising partners and may be targeted based on your use of the App or your activity elsewhere online.

For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or Appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes.

How We Share Your Personal Information

We do not disclose user photographs to third parties (with the exception of uploading an encrypted image to our cloud provider Amazon Web Services to provide the photo searching features of the App). We may share your non-photograph information in the following circumstances:

Affiliates. We may share App usage information with our subsidiaries and affiliates, for purposes consistent with this Privacy Policy.

Service providers. We may share your personal information with service providers that perform services on our behalf or help us operate the App (such as customer support, hosting, analytics, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Advertising partners. When we use third-party cookies and other tracking tools, our advertising partners may collect information from your device to help us analyze use of the Site and the App, display advertisements on the App and advertise the Site and App (and related content) elsewhere online.

Third-party platforms and social media networks. When you have enabled features or functionality that connect the App to a third-party platform or social media network (such as by logging into FaceFind using your account with the third-party, providing your API key or similar access token for the App to a third-party, or otherwise linking your account with the App to a third-party’s services), we may disclose the personal information that you authorized us to share (such as when you elect to upload a photograph to your social media account). We do not control the third-party platforms’ use of your personal information, which is governed by that third party’s privacy policy and terms and conditions.

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

Compliance with Law

We may be required to use and share your personal information to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

Your Choices

In this section, we describe the rights and choices available to all users.

Opt out of marketing communications and other push notifications. You may opt out of marketing-related communications and other notifications we may send you via push notification by changing the settings on your mobile device.

Device permissions. You may revoke any permissions you previously granted to us, such as permission to access your camera or camera roll, through the settings on your mobile device.

Cloud processing. You may request that we remove your information, including search data and photographs, from the cloud. 

Cookies & Browser Web Storage. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Site may not work properly. Similarly, your browser settings may allow you to clear your browser web storage.

Targeted online advertising. Some of the business partners that collect information about users’ activities on or through the Site or App may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising. 

Site users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. App users may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the user’s choices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

In addition, your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the App to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to use the App by designating it as required at the time of collection or through other appropriate means.

Third-party platforms or social media networks. When you connect to the App via Google or Apple account, you may have the ability to limit the information that we may obtain from the third-party at the time you login to the App using the third-party’s authentication service or otherwise connect your account. Subsequently, you may be able to control your settings through the third-party’s platform or service. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third party.

Other Sites, Mobile Applications and Services

The App may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites, mobile applications and online services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security Practices

We use commercially reasonable security practices to help keep the information collected through the App secure and take reasonable steps to verify your identity before granting you access to your account (if you have an account with us). However, FaceFind cannot ensure the security of any information you transmit to FaceFind or guarantee that information on the App may not be accessed, disclosed, altered, or destroyed.

Please do your part to help us. You are responsible for maintaining the confidentiality of your login information and device identifiers, and for controlling access to communications between you and FaceFind, at all times. Your privacy settings may also be affected by changes the social media services you connect to FaceFind make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.

Retention

With respect to non-photograph information that we may collect, we will retain such information in a personally identifiable format only for as long as necessary to fulfill the purposes we have set out in this Privacy Policy. You may also ask that we delete your information by a request email.

Cross-Border Data Transfers

We store information on servers located in the United States via Amazon Web Services and may store information on servers, cloud technologies and equipment in other countries. Your personal information may be accessed by our service providers in other locations outside of your state, province, or country. Your device ID (and general App usage information) may also be accessed by the Company’s technical support team in other locations outside of your state, province, or country.

Children

The App is not directed at children under the age of 13, and our Terms of Use do not allow children under 13 years of age to use the App. If we learn that we have collected personal information of a child under the age of 13, we will delete it. We encourage parents with concerns to contact us (support@facefind.io).

Changes to the Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the App. We may, and if required by law, will, provide notification of changes in another way that we believe is reasonably likely to reach you, such as through the App.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the App (or as otherwise indicated at the time of posting). In all cases, your continued use of the App after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

How to Contact Us

Please direct any questions or comments about this Policy or privacy practices to support@facefind.io. You may also write to us via postal mail at:

Viyatek

Attn: Soganlik Yeni Mahalle Pegagaz Sokak PEGAKARTAL A Blok No:144 Kartal/Istanbul/Turkey

 

Notice to European Users

The information provided in this “Notice to European Users” section applies only to individuals who reside in Europe.

Personal information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Your rights

European data protection laws give you certain rights regarding your personal information. If you are located within the European Union, you may ask us to take the following actions in relation to your personal information that we hold:

You may submit these requests by email to support@facefind.io or our postal addres.  

If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. 

Notice to California Residents

We provide to California residents an explanation of how we collect, use and share their personal information, and of the rights and choices we offer California residents regarding our handling of their personal information.

We do not sell personal information. As we explain in this Privacy Policy, we use cookies and other tracking technologies to analyze Site and App traffic and use, and to facilitate advertising.

In addition to disclosures of personal information to our service providers and professional advisors, for compliance, fraud prevention and safety, and in connection with a business transfer, the following chart further describes our privacy practices with respect to the personal information of our California consumers.

California Residents’ Privacy Rights

Except as excluded from the scope of this notice above, the CCPA grants California residents the following rights.

Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you.

You are entitled to exercise the rights described above free from discrimination.

How to Submit a Request. To request access to or deletion of personal information:

Please email support@facefind.io

Identity verification. The CCPA requires us to verify the identity of the individual submitting a request to access or delete personal information before providing a substantive response to the request. We may attempt to verify your identity by asking you to confirm information that we have on file about you or your interactions with us. Where we ask for additional personal information to verify your identity, we will only use it to verify your identity or your authority to make the request on behalf of another consumer.

Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have written authorization confirming such authority.




FaceFind Terms of Services



 

Last Updated: June 26, 2020

 

1. Terms

 

The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between you and FaceFind, its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors (collectively, “FaceFind”) and applies to your access to and use of www.facefind.io website and any other mobile applications, websites and/or any services that are made available by Viyatek on the Apple App Store, Google Play App Store, Amazon App Store or on Facebook (collectively, the “Services”).

 

Prior to your accessing or using the Services, please read these Terms of Services and the Privacy Policy carefully. THESE ARE LEGALLY BINDING AGREEMENTS BETWEEN YOU AND FACEFIND. BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICES AND PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THE SERVICES OR CEASE USE OF THEM IMMEDIATELY. USE OF THE SERVICE IS VOID WHERE PROHIBITED. YOU ACKNOWLEDGE THAT THE SERVICES ARE LICENSED, NOT SOLD, TO YOU.

 

When you access the Services, you may be required to register an account (“Account”). By registering for an account or by using the Services in any capacity, you represent that you are at least 18 years old and you understand and agree to these Terms of Services. If you are under the age of 18 and at least 13 years old, then you represent that your parents or your legal guardian has reviewed and agreed to these Terms of Services. No one under the age of 13 may use the Services under any circumstances. If you access the Services through a Third-party platform like Apple, Google, Amazon and/or from a Social Networking Site (“SNS”) such as Facebook or Google, you are obligated to comply with the Third Parties’ terms and conditions as well as these Terms of Services.

 

2. Changes to Terms or Services

 

FaceFind reserves the right to amend, change, modify, add or remove portions of the Terms of Services and Privacy Policy at any time, at its sole discretion, by posting the updated version on its website and within the mobile applications. You will be deemed to have accepted such changes by continuing to use any of the Services. If at any point you do not agree to any portion of the current version of the Terms of Services, the Privacy Policy or any other FaceFind policy, rules or codes of conduct relating to your use of the Services, then you must cease your use of the Services, and your license to use the Services will be immediately terminated. For your convenience, the date of last revision is included at the top of this page. FaceFind may make changes to the Services at any time or discontinue your access to the Services at any time without warning and without a refund of any kind. You understand and hereby agree that FaceFind may discontinue or restrict your use of the Services for any reason and without notice or compensation.

 

3. License

 

3.1 Grant of a Limited License to Use the Services

 

The Services are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. FaceFind grants limitations provided herein to access and use the Service using a personal computer for the Service or a mobile device for the Apps solely for your individual, non-commercial entertainment purposes. Except as may be expressly permitted by FaceFind, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Service.

 

You shall not create an Account or access the Services if you are under the age of 13; you shall restrict use by minors; and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors and are responsible for any use of your credit card or other payment instrument by minors. If a user is under the age of 18 and over the age of 13, then only a parent or legal guardian may make an account for them, and the parent or legal guardian must consent to this Agreement and FaceFind’ privacy policy. FaceFind takes the privacy of children very seriously. If you have any reason to believe that the personal information of anyone under the age of 13 has been submitted to FaceFind, please contact us immediately and provide us the necessary information to delete it.

 

3.2 Conditions of License

 

You acknowledge and agree that you shall not, under any circumstances:

 

Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any license to intellectual property rights.

 

FaceFind reserves the right to determine whether one's conduct violates this Agreement, including the intent or spirit of the Terms of Services or the Services, at its sole discretion. FaceFind also reserves the right to take any action it deems appropriate as a result, which may include forbidding you access to the Services, terminating your account and/or limiting your access to the Services.

 

3.3 Login Information and Your Account

 

To access to the Services, you may need to create a user Account, and you will be required to select a password (“Login Information”). You are responsible for all transactions in your Account, including, but not limited, to the use of your credit card and other payment systems. Thus, FaceFind strongly encourages you to keep your password safe and never to give your Account information to anyone else. If another user you share your Account with makes purchases on your Account with your purchase information, then you will be responsible for that purchase.

 

3.4 License Term

 

The term of the licenses granted to you under this Terms of Services shall commence on the date you accept this Terms of Services and install or otherwise use the Services and ends on the earlier date of either your disposal of the license or termination of this Terms of Services by FaceFind.

 

3.5 Suspension and Termination of Services

 

Without limitation to any other remedies, FaceFind may delete, suspend, terminate, limit or modify accounts or access to the services or any portions thereof if FaceFind suspects or if you have failed to comply with any of the Terms of Services, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in the loss of your account, information, persona, benefits and in-app purchases. FaceFind is not and will not be held responsible for any information, persona, rankings, benefits and losses incurred, and is under no obligation to compensate you for any of this.

 

FaceFind may also stop offering and/or supporting the Services, including, but not limited to, any particular application or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, FaceFind shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued or terminated Services. Such actions may also result in termination of your Account, disabling of your access to the Services or any part thereof, including any content that may have or was in the process of being submitted.

 

4. Ownership and User Content

 

4.1 Applications and Services

 

All rights, title and interest in and to the Services (including, without limitation, any applications, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-app chat transcripts, methods of operation, moral rights, character profile information, virtual items, recordings of apps and server software) are owned solely by FaceFind. FaceFind reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its applications and the Services.

 

Notwithstanding any provision to the contrary herein, you also acknowledge and agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual items appearing or originating in any applications, whether earned in an application or purchased from FaceFind, or any other attributes associated with an Account or stored on the Services.

 

4.2 User Accounts

 

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and will forever be owned by and inure to the benefit of FaceFind.

 

4.3 User Content

 

“User Content” means any communications, images and sounds and all the material, data and information that you upload or transmit through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. You hereby grant to FaceFind and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such User Content as well as all modified and derivative works thereof, without compensation to you.

 

FaceFind will not have any liability or responsibility for any user behavior or for monitoring User Content or inappropriate conduct in the Services. FaceFind does not screen or monitor User Content submitted on the Services. The users of the Services bear all risk associated with its use, including, but not limited to, exposure to offensive and indecent content.

 

Though it is not obligated to, FaceFind reserves the right in its sole discretion to monitor, prohibit, review, edit, delete and/or disable access to or make unavailable any User Content without notice for any reason or for no reason at any time for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. By accepting the Terms of Services, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including, without limitation, chat text or voice communications.

 

4.4 Public Forums

 

FaceFind may provide fun pages, forums, blogs and chat features in the Services, in which users can post information. Users may post topics of interest, general information, comments and sometimes even personal information in these mediums. You understand that FaceFind is not responsible for any information posted in the Services or whether others will view your information, comments and topics in the same light. Please do not submit, upload, write or transmit any information in the Services you deem to be confidential. FaceFind does not and will not bear any responsibility or liability of the use of any such information. Furthermore, no compensation will be provided for any ideas, schemes or uses of any information provided in these medium.

 

4.5 User Interactions

 

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services or the applications. FaceFind reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with FaceFind to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting FaceFind access to any password-protected portions of your Account.

 

If you have a dispute with one or more users, you release us (and FaceFind’ officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

5. Fees and Purchase Terms

 

5.1 Virtual Items

 

You may purchase with “real world” money a limited, non-transferable, non-sub-licensable, revocable license to use (a) “virtual currency,” including but not limited to virtual cash, in-app coins and all other kinds of in-app monies, all for use in the apps; (b) virtual in-app items (virtual currency and virtual in-app items referred to collectively as “Virtual Items”); and (c) other goods or services (“Merchandise”) within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from FaceFind or its authorized partners through the Services, not in any other way.

 

You understand that FaceFind has the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to them at any time and for any reason, with or without notice. FaceFind shall have no liability to you or any Third Party in the event that FaceFind exercises any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for those virtual items.

 

Except when explicitly authorized by FaceFind, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) FaceFind does not recognize any such purported transfers of Virtual Items or the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms of Services and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your Account. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, or if FaceFind discontinues providing the Services.

 

You agree that you will not assert or bring any claim against FaceFind, its affiliates, directors, officers, employees, agents or licensors relating to (i) a claim that you own any Virtual Items; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your account or modification, termination or expiration of these terms.

 

5.2 Fees, Refunds and Return Policy

 

All sales through the Service are final. You acknowledge and agree that any applicable fees and other charges (including, without limitation, virtual items) are not refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges. FaceFind does not issue any refunds or offer any exchanges of any products purchased on or through the Services.

 

IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL ITEMS OR OTHER APPLICATION ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 

FaceFind may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the applications or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. All such changes will be effective immediately upon posting of such new product prices to the Services.

 

6. Updates to the Services

 

You acknowledge and agree that FaceFind may update the Services and the applications you have installed on your computer or mobile device with or without notifying you.

 

7. Third-party Services

 

The Services or/and the applications may include links to Third-party services and/or the Third-party services may be made available to you via the Services or the applications. The Third-party services may include, but are not limited to, app-usage statistics and sharing, social medial connectivity and the like.

 

You acknowledge and agree that Third-party services are subject to respective Third-party terms and conditions. Please read these Third-party terms and conditions because they constitute an agreement between you and the applicable Third-party service provider.

 

8. Feedback

 

FaceFind welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at hello@facefind.io or by posting your Feedback on “Customer Review” within the applications or on the app-store pages. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to FaceFind, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

9. Warranty Disclaimers

 

WITHOUT LIMITING FaceFind’ LIABILITY UNDER SECTION LIMITATION OF LIABILITY BELOW, THE SERVICEs are PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FACEFIND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

10. Limitation of Liability

 

To the maximum extent permitted by law, FACEFIND SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICES OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FACEFIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FACEFIND SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FACEFIND IN ACCORDANCE WITH THESE TERMS OF SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO FACEFIND DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND FACEFIND’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH FACEFIND IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of these disclaimers and limitations may not apply to you. To the extent that FaceFind may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of FaceFind’ liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms of Services shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of FaceFind.

 

11.Indemnity

 

You agree to indemnify, defend and hold FaceFind harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any Third Party resulting from or arising out of any breach by you of this Terms of Services. FaceFind reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FaceFind, and you agree to cooperate with FaceFind’ defense of these claims. FaceFind will make reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.

 

12. Dispute Resolution and Applicable Law 

 

If a dispute arises between you and FaceFind, FaceFind strongly encourages you to first contact FaceFind directly to seek a resolution by opening a help ticket directly in-app via the help section or contact FaceFind at hello@facefind.io.

 

You agree that all disputes between you and FaceFind shall be governed by the laws of Turkey by a court located in Istanbul without regard to conflict of law provisions, and you agree to submit to the jurisdiction of such court.

 

13. No Class Actions

 

You and FaceFind can only bring a claim against each other on an individual basis. BY AGREEING TO THESE TERMS OF SERVICES, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST FACEFIND IN YOUR INDIVIDUAL CAPACITY.

 

That means:

 

14. Severability

 

If any portion of these Terms of Services or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

 

15. Assignment

 

FaceFind may assign or delegate these Terms of Services and/or the Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Services or Privacy Policy without FaceFind’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.


 16. Supplemental Policies

 

FaceFind may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Services.

 

17. Entire Agreement

 

The Terms of Services and Privacy Policy contain the entire understanding of you and FaceFind and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

 

18. No Waiver

 

The failure of FaceFind to require or enforce strict performance by you of any provision of these Terms of Services or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of FaceFind’ right to assert or rely upon any such provision or right in that or any other instance.

 

The express waiver by FaceFind of any provision, condition or requirement of these Terms of Services or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

 

Except as expressly and specifically set forth in these Terms of Services, no representations, statements, consents, waivers or other acts or omissions by FaceFind shall be deemed a modification of these Terms of Services nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of FaceFind.

 

19. Equitable Remedies

 

You acknowledge that the rights granted and obligations made under these Terms of Services to FaceFind are of a unique and irreplaceable nature, the loss of which shall irreparably harm FaceFind and that cannot be replaced by monetary damages alone, so that FaceFind shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

 

You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Services or the applications, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any), limited by Sections 5.2 and 11.

 

20. Force Majeure

 

FaceFind shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond FaceFind’ control such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

21. Partnership

 

You agree that your use of the Services does not constitute any joint venture, partnership, employment or agency relationship between you and FaceFind as a result of this Agreement.

 

22. Notices

 

FaceFind may notify you via postings on www.facefind.io, on app-store pages of the applications, on Social Networking Sites, in the applications and via e-mail or any other communication means using contact information you provide to us. All notices given by you or required from you under these Terms of Services or the Privacy Policy will be done to hello@facefind.io and will include your full name and a detailed description of why you are contacting FaceFind.