This Agreement governs your relationship with (“Kewl Faces Network”) and your use of and access to all services, websites, and products provided by Kewl Faces Network (collectively, the Services). You agree that by accessing or using any part of the Services you are bound by the terms of this Agreement (the Terms), including the applicable Privacy Policy and Community Guidelines incorporated herein.
You may not use the Services unless all of the following apply to you, and you affirm that all of the following apply to you:
2.1 You are at least 18 years old;
2.2 You are legally allowed to use the Services where you live;
2.3 You are not using the Services or accepting the Terms on behalf of any other entity, such as a company or organization, unless
you have authority to bind that entity to these Terms;
2.4 You have not been banned by Kewl Faces Network from using the Services.
The KewlFaces Privacy Policy describes what KewlFaces can do with information about you received by KewlFaces when you use the Services. You agree to the terms of the Privacy Policy, including the transfer of information to other countries for storage, processing, and use, if applicable.
Any content that you post to the Services must satisfy all of the following criteria, and you affirm that any content posted, submitted, or otherwise provided by you to the Services satisfies these criteria:
4.1 You have the legal right to post the content to the Services.
4.2 The content and the purpose for posting it complies with all laws, rules, and regulations that may apply.
4.3 The content does not infringe the intellectual property rights (such as copyrights and trademark rights) of any other person or entity.
4.4 The content does not include non-public personal private information belonging to someone else, such as another person’s birthdate, home address, or telephone number.
4.5 The content complies with the KewlFaces Community Guidelines.
You are responsible for your use of the Services and for any content that you post. KewlFaces does not endorse, support, represent, or affirm the completeness, truthfulness, accuracy, or reliability of any of the content posted through the Services, nor does KewlFaces endorse any opinions expressed through the Services. All content is the sole responsibility of the person who originated the content, and KewlFaces does not take responsibility for such content.
4.6 With respect to any content you contribute that uses YouTube services via KewlFaces, you affirm that—in addition to complying with KewlFaces’s own Terms and Community Guidelines—you are also complying with YouTube’s more restrictive Terms. (Users are encouraged to use KewlFaces’s own native video capabilities whenever they wish to avoid the application of these more restrictive terms.)
KewlFaces’s Intellectual Property. The Services and any related content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by KewlFaces, KewlFaces’s licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. KewlFaces’s name, and all related names, logos, product and service names, designs, and slogans are trademarks that are owned by KewlFaces, KewlFaces’s affiliates, or KewlFaces’s licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.
Right to Distribute. You grant to KewlFaces a license to any content posted by you to the Services, including a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content. You agree that KewlFaces or its service providers or partners may display advertising in connection with your content and otherwise monetize your content without compensation to you, unless you are a participant in our Influencer Network and then you will be compensated according to the terms of that program. You warrant that you have all rights necessary to grant these rights to KewlFaces and other members of the KewlFaces community. You also grant a limited non-exclusive, royalty-free license to any KewlFaces community member to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute any content posted by you to the Services solely in connection with that member’s use of the Services. The licenses granted by you hereunder do not include any moral rights or right of attribution.
You may not interfere with the Services in any way, such as by accessing the Services through automated means in a manner that puts excessive demand on the Services; by hacking the Services; by accessing without authorization areas of the Services that are protected by technical measures designed to prevent unauthorized access; by testing the vulnerability of the Services; by impersonating KewlFaces on the Services; by accessing the Services for any purpose that competes with the interests of KewlFaces; by spamming KewlFaces community members; by failing to respond to operational communications or requests from KewlFaces; or through any other type of interference with the Services or KewlFaces’s relationships with others.
KewlFaces reserves the right to withdraw or amend the Services, in our sole discretion without notice. KewlFaces will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of Services.
To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to KewlFaces is correct, current, and complete. You agree that all information that you provide to or is otherwise collected by KewlFaces through the Services is governed by our Privacy Policy, and you consent to all actions KewlFaces may take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your username, password, or other security information. You agree to notify KewlFaces immediately of any unauthorized access to or use of your username or password or any other breach of security. KewlFaces has the right to disable any username, password, or other identifier, whether chosen by you or provided by KewlFaces, at any time in KewlFaces’s sole discretion for any or no reason, including if, in KewlFaces’s opinion, you have violated any provision of these Terms of Use.
KewlFaces provides the Services for use only by persons located in the United States. KewlFaces makes no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
KewlFaces may remove any content and terminate your access to the Services at any time and for any reason, including without limitation, to the extent KewlFaces reasonably believes (a) you have violated these Terms or KewlFaces’s Community Guidelines, (b) you create risk or possible legal exposure for KewlFaces, or (c) you are otherwise engaging in unlawful conduct—although KewlFaces endeavors to allow all free speech that is lawful and does not infringe the legal rights of others. Any invitation made by KewlFaces to you to use the Services or submit content to the Services, or the fact that KewlFaces may receive a benefit from your use of the Services or provision of content to the Services, will not obligate KewlFaces to maintain any content or maintain your access to the Services. KewlFaces will have no liability to you for removing any content, for terminating your access to the Services, or for modifying or terminating the Services. In addition, accounts which are inactive (without login) for nine (9) months are subject to username relinquishment or account removal.
You agree to receive communications from KewlFaces, including communications sent by phone, email, text message, or other means of communication. If you provided a phone number to KewlFaces, you are required to notify KewlFaces when you cease to own or control that number to help prevent KewlFaces from sending communications to others who may acquire that number.
The Services are provided to you as-is and at your own risk. The Services come with no express or implied warranties, except those that cannot be disclaimed under the law.
You understand that KewlFaces cannot and does not guarantee or warrant that files available for downloading through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, KewlFaces WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.
KewlFaces DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KewlFaces makes no representation or endorsement about the function of the Services or any content available through the Services KewlFaces has no responsibility or liability to you arising from your use of the Services. KewlFaces has no responsibility or liability to you arising from content provided by you or any other person, even if such content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although KewlFaces may make efforts to review or monitor content, you agree that you will not rely on this fact for any purpose. KewlFaces has no responsibility or liability to you arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARD-LESS OF THE NATURE OF THE CAUSE OF ACTION, KewlFaces WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING FROM (a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (b) FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSOn OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER PERSONS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR COMMUNICATIONS THROUGH THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KewlFaces ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF TWO HUNDRED U.S. DOLLARS (U.S. $200.00) OR THE AMOUNT YOU PAID KewlFaces, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND SHALL FURTHER APPLY WHETHER OR NOT KewlFaces HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY LAID OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold KewlFaces harmless, along with KewlFaces’s affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services.
KewlFaces cannot waive any right to enforce this Agreement, unless it does so expressly in writing. No waiver of any part of this Agreement, will be a further or continuing waiver of that part or any other part, and no failure to enforce any part of this Agreement will be deemed a waiver of any kind.
KewlFaces may modify the Terms of this Agreement in any way and at any time by posting such modifications through the Services. All changes are effective immediately when we post them, and you agree to be responsible for making yourself aware of any modification of the Terms and to be bound by any modification of the Terms when you continue to access or use the Services after any such modification. As a matter of courtesy, KewlFaces endeavors to inform its community members of any such changes. These Terms supersede all prior agreements between you and KewlFaces pertaining to the Services. Except for the statements in this document and the documents expressly incorporated herein by reference, no statement by KewlFaces or anyone associated with KewlFaces, whether verbal or written, can modify or supplement the Terms of this Agreement unless the modification or supplement is stated expressly in writing by referring to this Agreement. If any of the Terms in the Agreement are held to be invalid or unenforceable by a court or arbitrator or by operation of law, the remaining Terms will remain in effect.
Last Updated: May 26th, 2024