
Goofy Network, Inc. ("we," "us") owns
and operates the goofyface.com web
site (our "Site"), on which we provide a fun way
for you to get the
general public's opinion of how goofy you look, a way for
users to
exchange fun images, the opportunity to view and purchase
downloadable
wallpapers and various other services (our Site and such services,
collectively, our "Service"). Your use of our Service
is subject to the
following Terms and Conditions of Use (these "Terms").
WE RESERVE THE
RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED
USE OF
OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY,
YOU
SHOULD REVIEW THESE TERMS FROM TIME TO TIME FOR SUCH CHANGES.
1. USER CONDUCT
A. In your use of our Service, you agree to act responsibly
in a manner
demonstrating the exercise of good judgment. For example and
without
limitation, you agree not to: (a) violate any applicable law
or
regulation, (b) infringe the rights of any third party, including
without
limitation, intellectual property, privacy, publicity or contractual
rights, (c) use the information available through our Service
for any
unauthorized purpose, (d) interfere with or damage our Service,
including,
without limitation, through the use of viruses, cancel bots,
Trojan
horses, harmful code, flood pings, denial of service attacks,
packet or IP
spoofing, forged routing or electronic mail address information
or similar
methods or technology, (e) use our Service to transmit, distribute,
post
or submit any information concerning any other person or entity,
including
without limitation, photographs of others, personal contact
information or
credit, debit, calling card or account numbers, (f) use our
Service in
connection with the distribution of unsolicited commercial
email ("Spam")
or advertisements, (g) "stalk" or harass any other
user of our Service,
(h) collect or store any information about any other user
other than in
the course of the permitted use of our Service, (i) use our
Service for
any commercial purpose whatsoever or (j) assist any third
party in doing
any of the foregoing.
B. You are solely responsible for your interactions with
other users of
our Service. We will not be responsible for any damage or
harm resulting
from your interactions with other users of our Service. We
reserve the
right, but have no obligation, to monitor interactions between
you and
other users of our Service and take any other action in good
faith to
restrict access to or the availability of any material that
we or another
user of our Service may consider to be obscene, lewd, lascivious,
filthy,
excessively violent, harassing or otherwise objectionable.
2. PRIVACY
We understand the concerns that you may have about your privacy
and
respect your right to protect your personal information while
online.
However, our Service is designed to allow users to post photographs
and
information about themselves for public review and comment.
Accordingly,
by submitting your photograph and/or any personal information,
you thereby
waive any privacy expectations you have with respect to our
use of your
likeness or personal information provided to us. If you do
not wish to
have your picture or information about yourself viewed by
or disclosed to
others, do not use our Service.
We may collect certain other personal information from you
that we do not
post on our Site. In most cases, we do not intentionally transfer
this
information to unaffiliated third parties without your consent.
However,
we reserve the right to transfer such information without
your consent to
prevent an emergency, to protect or enforce our rights, to
protect or
enforce the rights of a third party or in response to a court
order or
subpoena as otherwise required or permitted by law. In addition,
we
provide this personal information to third-party service providers
who
help us maintain our Service and deliver information and services
to you
and other users of our Service.
3. MINORS
Our Service is intended for persons of all ages. If you are
under the age
of 18 years old, we encourage you to seek permission from
your guardian.
We will not knowingly permit anyone under the age of 18 to
use our Service
without guardian consent.
4. USER CONTENT
A. By submitting any content (including without limitation,
your
photograph) to our Site, you hereby grant us a perpetual,
worldwide,
non-exclusive, royalty-free right and license to use, reproduce,
display,
perform, adapt, modify, distribute, have distributed and promote
such
content in any form, in all media now known or hereinafter
created,
anywhere in the world, and for any purpose.
B. You are solely responsible for any content that you submit,
post or
transmit via our Service. You agree not to post or submit
any content
that: (a) is libelous, defamatory or slanderous, (b) contains
sexually
explicit content (including nudity), (c) may denigrate any
ethnic, racial,
sexual or religious group by stereotypical depiction or otherwise,
(d)
exploits images or the likeness of individuals under 18 years
of age, (e)
encourages or otherwise depicts glamorized drug use (including
alcohol and
cigarettes), (f) makes use of offensive language or images,
(g)
characterizes violence as acceptable, glamorous or desirable,
or (h)
contains any of your personal contact information other than
your email
address.
C. We have no obligation to post any content that you or
anyone else
submits. In addition, we may, in our sole and unfettered discretion,
edit, remove or delete any content that you post or submit.
5. THIRD PARTY CONTENT
In your use of our Service, you may access content from third
parties
("Third Party Content"), either via our Service
or through links to third
party web sites. We do not control Third Party Content and
make no
representations or warranties about it. You agree that by
using our
Service, you may be exposed to Third Party Content that is
false,
offensive, indecent or otherwise objectionable. Under no circumstances
will we be liable in any way for any Third Party Content,
including,
without limitation, any errors or omissions in any Third Party
Content or
any loss or damage of any kind incurred as a result of the
use of any
Third Party Content posted, stored or transmitted via our
Service. You
agree that you must evaluate, and bear all risks associated
with, Third
Party Content, including without limitation, profiles of other
users of
our Service.
6. PROPRIETARY RIGHTS
A. You agree that all content and materials available on
our Site are
protected by rights of publicity, copyright, trademarks, service
marks,
patents, trade secrets or other proprietary rights and laws.
Except as
expressly authorized by us, you agree not to sell, license,
rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly
perform,
publish, adapt, edit or create derivative works from materials
or content
available on our Site. Notwithstanding the above, you may
use the content
and materials on our Site in the course of your normal, personal,
non-commercial use of our Service.
B. You agree not to systematically retrieve data or other
content or any
materials from our Site to create or compile, directly or
indirectly, a
collection, compilation, database, directory or the like,
whether by
manual methods, through the use of "bots" or otherwise.
You agree not to
use of any of our trademarks as metatags on other web sites.
You agree
not to display any of our Site in a frame (or any of our content
via
in-line links) without our express written permission, which
may be
requested by contacting us at goofyfaces@goofyface.com. You
may, however,
establish ordinary links to the homepage of our Site without
our written
permission.
7. USERNAME AND PASSWORD
If needed, you will select a username and password when completing
the
registration process. You are solely and fully responsible
for
maintaining the confidentiality of your username and password,
and are
solely and fully responsible for all activities that occur
under your
username and password. You agree to: (a) immediately notify
us of any
unauthorized use of your username and password or any other
breach of
security and (b) ensure that you log off from your account
at the end of
each session. We cannot and will not be liable for any loss
or damage
arising from your failure to comply with this Section 7.
8. TERMINATION
You agree that we, in our sole and unfettered discretion,
may terminate
your access to our Service for any reason, including, without
limitation,
your breach of these Terms. You agree that any termination
of your access
to our Service may be effected without prior notice, and acknowledge
and
agree that we may immediately deactivate or delete any of
your accounts
and all related information and files in such accounts and/or
bar any
further access to such files or our Service. Further, you
agree that we
will not be liable to you or any third party for any termination
of your
access to our Service.
9. DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue,
temporarily or
permanently, any portion of our Service with or without prior
notice. You
agree that we will not be liable to you or to any third party
for any
modification or discontinuance of our Service.
10. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you
have the full
power and authority to enter into and perform under these
Terms, (b) your
use of our Service will not infringe the copyright, trademark,
right of
publicity or any other legal right of any third party, (c)
you will comply
with all applicable laws in using our Service and in engaging
in all other
activities arising from, relating to or connected with these
Terms,
including, without limitation, contacting other users of our
Service and
(d) you own or otherwise have all rights necessary to license
the content
you submit and that the posting and use of your content by
us will not
infringe or violate the rights of any third party.
11. DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE
RISK. OUR
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR
REQUIREMENTS, (B)
OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(C) ANY
INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE
OR
RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE
WILL MEET YOUR
EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT
WILL NOT BE
DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR
SOFTWARE WILL
BE CORRECTED.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE
OF OUR SERVICE,
YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE
SOLELY
RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH
SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL
OR WRITTEN FORM
FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY
NOT
EXPRESSLY STATED IN THESE TERMS.
12. LIMITS ON LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN
IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
FROM, RELATING
TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR
SERVICE, (B) THE
COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION
PURCHASED OR
OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) DISCLOSURE OF,
UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT
OR
OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON
OUR SERVICE OR
(E) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED
WITH OUR
SERVICE OR THESE TERMS.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING
UNDER
THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES
BEYOND OUR
REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL
ACTS OR
OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR
DIFFICULTIES,
COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES,
TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO
PROCURE SUPPLIES
OR MATERIALS.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY
THIRD PARTY IN
ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR
SERVICE OR
THESE TERMS EXCEED THE SUM OF TWO HUNDRED ($200) DOLLARS.
D. 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 LIMITATIONS OF SECTIONS
11 AND 12 MAY
NOT APPLY TO YOU.
13. INDEMNITY
You agree to defend, indemnify and hold us harmless from
any claim,
demand, action, damage, loss, cost or expense, including without
limitation, reasonable attorneys' fees, incurred in connection
with any
suit or proceeding brought against us arising out of your
use of our
Service or alleging facts or circumstances that could constitute
a breach
of any provision of these Terms by you. If you are obligated
to indemnify
us, we will have the right, in our sole and unfettered discretion,
to
control any action or proceeding and determine whether we
wish to settle
it, and if so, on what terms.
14. ARBITRATION
All disputes arising out of or relating to these Terms or
your use of our
Service will be exclusively resolved under binding arbitration
held in Los
Angeles, California before and in accordance with the Rules
of the
American Arbitration Association, except that we will have
the right to
seek injunctive or other equitable relief in state or federal
court
located in Los Angeles County, California to enforce these
terms or
prevent an infringement of a third party's rights. In the
event equitable
relief is sought, each party hereby irrevocably submits to
the personal
jurisdiction of such court.
15. MISCELLANEOUS
These Terms shall be interpreted in accordance with the laws
of the State
of California without reference to conflict of law principles.
These Terms
contain the entire understanding of the parties regarding
their subject
matter, and supersede all prior and contemporaneous agreements
and
understandings between the parties regarding their subject
matter. No
failure or delay by a party in exercising any right, power
or privilege
under these Terms shall operate as a waiver thereof. The invalidity
or
unenforceability of any of these Terms shall not affect the
validity or
enforceability of any other of these Terms, all of which shall
remain in
full force and effect.
|