TERMS & CONDITIONS

 

Welcome to Face26. Please read our Terms and Conditions of Use (“Terms”) and Privacy Policy carefully because they affect your legal rights, including an agreement to resolve any disputes that may arise between us.

1. INTRODUCTION

Thanks for choosing  TechArt 26 LLC (“Face26”, “we”, “us”, “our”). By signing up or otherwise visiting, using, or engaging with our website (“Face26.com”) and services (together, the “Face26`s Website” or “Site”), or accessing any content or material that is made available by TechArt 26 LLC through the Service You (“you”, client, “user”, “customer”) are entering into a binding contract with TechArt 26 LLC. TechArt 26 LLC service also includes the Customer Portal as further described in the Customer Portal section.

Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on TechArt 26  LLC’s website Face26.com . You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you do not agree to any portion of these Terms, you should not access or otherwise use the Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Site.

Please read the Agreements carefully. They cover important information about Face26`s services provided to you and any charges, taxes, and fees we bill you.

In order to use Face26`s service and access the content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements; (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; and (3) resident in a country where the Site is available. You also promise that any registration information that you submit to Face26 is true, accurate, and complete, and you agree to keep it that way at all times.

2. CHANGES TO THE AGREEMENTS

Occasionally we may, in our discretion, make changes to the Agreements. It is your responsibility to check these Agreements periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Agreements, Face26 grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

3. SITE LIMITATIONS AND MODIFICATIONS

Face26 will make reasonable efforts to keep the Face26 Site operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Face26 reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Face26 Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Face26  Service or any function or feature thereof. You understand, agree, and accept that Face26 has no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content through the Site. This section will be enforced to the extent permissible by applicable law. Face26 and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

4. USING THE SITE

Here’s some information about all the ways you can use the Site.

4.1 OUR SERVICES

Face26 provides clipping Face26 and other Photo Editing services. Face26 requires full payment when you submit your order for Services, unless otherwise agreed upon by both Parties. You can request a quote before purchasing. You can learn more about our services by visiting our website.

4.2 CUSTOMER PORTAL, ACCOUNT CREATION, AND PASSWORDS

As a condition to using certain products and services of the Service, User may be required to register with Face26 and select a password. User shall provide Face26 with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Face26 immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Face26 or any other user of or visitor to the Site due to someone else using your username, password or account.

5. THIRD PARTY APPLICATIONS

Face26 is integrated with third party applications, websites, and services, including but not limited to Stripe, PayPal and Google, to make available content, products, and/or services to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Face26 does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications.

 

6. RIGHTS WE GRANT TO YOU

Face26 and the Content are the property of TechArt26 LLC, Face26, and its affiliated/associated companies. We grant you a limited, non-exclusive, revocable license to make use of the Site, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or Face26. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Site or the Content.

All Face26 trademarks, service marks, trade names, logos, domain names, and any other features of the Face26 brand (“Face26 ”) are the sole property of Face26 or its licensors. The Agreements do not grant you any rights to use any Face26 Brand whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Site, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Face26 grants no right, title, or interest to you in the Site or Content.

7. CUSTOMER SUPPORT

For customer support on account- and payment-related questions (“Customer Support Queries”), please contact our support at info@face26.com . We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

 

8. INTELLECTUAL PROPERTY

Face26 respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please contact us at info@face26.com .

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Face26 or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on the Site is the exclusive property of Face26 and protected by USA and international copyright laws. All software used on (or provided through) the Site is the property of Face26 or its software suppliers and protected by United States and international copyright laws. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

• You may print or download to a local hard disk extracts for your personal and non-commercial use only.
• You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

9. USER-GENERATED CONTENT

Face26 users may post, upload, and/or contribute (“post”) content to the Site to obtain services (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”).

You promise that, with respect to any User Content you post on the Site, (1) you have the right to post such User Content, and (2) such User Content, or its use by Face26 as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Face26 of any entity or individual without express written consent from such individual or entity.

Face26 may, but has no obligation to, monitor, review, or edit User Content. In all cases, Face26 reserves the right to remove or disable access to any User Content or account for any or no reason, including but not limited to, User Content that, in Face26 `s sole discretion, violates the Agreements. Face26 may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you provide. Face26 is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST Face26 RELATED TO USER CONTENT THAT YOU PROVIDE, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD Face26 HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

10. RIGHTS YOU GRANT US

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Face26 Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Face26 Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by Face26 may contain advertising as part of the Content. In such cases, Face26 will make such Content available to you unmodified.

Unless you have advised Face26 otherwise in writing, you agree that we may use your images on our website (including a link to the homepage of your website) and in our marketing materials.

If you provide feedback, ideas or suggestions to Face26 in connection with the Face26 Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorize Face26 to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

11. USER GUIDELINES

Face26 respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Site, to make sure Face26 is able to continue providing service via their Site.

The following is not permitted for any reason whatsoever:

• copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, or making available to the public any part of the Face26 Site or the Content, or otherwise making any use of the Face26 Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Face26 Service or the Content or any part of it; using the Face26 Service to import or copy any local files you do not have the legal right to import or copy in this way;
• transferring copies of cached Content from an authorized Device to any other Device via any means;
• reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Face26 Service, Content or any part thereof unless permitted by applicable law;
• circumventing any technology used by Face26, its licensors, or any third party to protect the Content or the Service;
• selling, renting, sublicensing or leasing of any part of the Face26 Service or the Content;
• circumventing any territorial restrictions applied by Face26 or it licensors; or otherwise manipulating the Services by using a script or other automated process;
• removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Face26 (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
• providing your password to any other person or using any other person’s username and password;
• “crawling” the Face26 Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Face26; or
• selling a user account, or otherwise accepting any compensation, financial or otherwise.

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Face26 account. You also agree that Face26 may also reclaim your username for any reason.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

12. PAYMENTS, REFUNDS, AND CANCELLATIONS

12.1 PAYMENT AND EXTENDED CREDIT

Face26 requires all individual clients to pay for work in full upfront before work begins. Payment methods are Paypal, credit cards, or Edit Credits. Corporate clients may be extended credit, subject to satisfactory reference checks and at the discretion of Face26 . Full payment for the work will be required no more than 4 (four) days after delivery. Face26 may also allow for recurring monthly payment options. Under such arrangement, the client pays monthly for all Services rendered during that time period. Face26 reserves the right to cancel any extended credit to any client for non-payment at any time. All expenses will be agreed in advance.

12.2 QUALITY GUARANTEE & REFUNDS

Face26 strives to provide services of the highest quality. In the unlikely event that you are not satisfied with the results of your project, we will make reasonable corrections and amendments as necessary All revisions and refund requests must be made within 14 days of delivery. We also reserve the right to cancel any amendment request, if the Client changes the requirements from what was originally requested. If the edited images follow the same quality standard as an approved sample image, Face26 cannot refund that order. We do understand that sometimes things change outside of our control, so we may be able to adjust the images to meet your needs at a reduced cost. Any amendments made as part of our quality guarantee are without prejudice to Face26 or its associate companies. Payments for quotes can be purchased directly from Face26 customer has downloaded their images and are unable to provide a valid reason for dissatisfaction, no refund will be provided.

If you believe you are entitled to receive a refund of any monies paid to Face26, please contact Customer support.

12.3 PRICES

Prices may vary for services provided. Face26 may change the price for pre-paid work or credit (for work products not yet paid for). As permitted by local law, you accept the new price by continuing to use Face26 s Service after the price change takes effect. Face26 reserves the right to revise our prices periodically, and that will have immediate affect to relevant services. We might not notify clients about these changes but they will see the price before confirming any new order, unless there is a separate agreement with any client.

12.4 PROMOTIONAL OFFERS AND DISCOUNTS

Face26 may have offers in the form of coupon codes or other means. Face26 reserves the right to cancel promotional offers or discounts without assigning any reason

13. TERM AND TERMINATION

The Agreements will continue to apply to you until terminated by either you or Face26. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Face26 may terminate the Agreements or suspend your access to the Face26 Site or Customer Portal at any time, including in the event of your actual or suspected unauthorized use of the Face26 Service and/or Content, or non-compliance with the Agreements. If you or Face26 terminate the Agreements, or if Face26 suspends your access to the Face26 Service, you agree that Face26 shall have no liability or responsibility to you, and Face26 will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Face26 account, please contact us at info@face26.com . This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

Sections 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

14. WARRANTY AND DISCLAIMER

We endeavour to provide the best service we can, but you understand and agree that Face26 site is provided “as is” and “as available”, without express or implied warranty or condition of any kind. You use the Face26 service at your own risk. To the fullest extent permitted by applicable law, Face26 and all owners of the content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Face26 nor any owner of content warrants that the Face26 service is free of malware or other harmful components. In addition, Face26 makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the Face26 service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Face26 is not responsible or liable for any transaction between you and third party providers of third party applications or products or services advertised on or through the Face26 site. As with any purchase of a product or service Through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Face26 shall create any warranty on behalf of Face26 in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law. This does not affect your statutory rights as a consumer.

 

15. ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and Face26, the Agreements constitute all the terms and conditions agreed upon between you and Face26 and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

16. LIMITATIONS

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Face26 service is to stop using the Face26 site. While Face26 accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to Face26, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.

 

17. THIRD-PARTY RIGHTS

You acknowledge and agree that the owners of the Content and certain distributors are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Face26, and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

18. SEVERABILITY AND WAIVER

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure Face26 or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Face26’s or the applicable third party beneficiary’s right to do so.

19. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold Face26 harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through Face26 Site; and (4) your violation of any law or the rights of a third party.

20. ASSIGNMENT

Face26 may assign the Agreements or any part of them, and Face26 may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

21. APPLICABLE LAW

These terms and conditions shall be governed by and interpreted with English law. You agree to submit to the exclusive jurisdiction of the English courts.

22. PRIVACY

Face26 current privacy policy is available at the Site (the “Privacy Policy”), which is incorporated by this reference. Face26 strongly recommends that you review the Privacy Policy closely.

23. COOKIES

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website and in order to tailor it to customer needs. We only use this information for statistical analysis purposes, and then the data is removed from the system. Blocking all cookies will have a negative impact upon the usability of many websites. You can delete cookies already stored on your computer. Please check online for browser specific cookie deletion instructions. However, deleting cookies will have a negative impact on the usability of many websites.

24. CONTACT US

If you have any questions concerning the Face26 Service or the Agreements, please contact Face26 Customer Service at info@face26.com 7.