TERMS AND CONDITIONS OF USE
Welcome to our Site. This Site is maintained as a service to our customers. By using this Site, You agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully.** If You do not agree to these terms and conditions, You should not use this Site.**
These Terms require that disputes between Face2Social and You be resolved by binding arbitration rather than by jury trials or class actions and limit Your remedies in the event of a dispute. Please refer to Section 25 below for more information.
Agreement. This Term of Use agreement (the "Agreement") specifies the Terms and Conditions for access to and use of face2social.com (the "Site") and describes the terms and conditions applicable to Your access of and use of the Site and our "Services". This Agreement may be modified at any time by Face2Social upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at face2social.com/termsofuse. Each use by You shall constitute and be deemed Your unconditional acceptance of this Agreement.
Privacy. Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy at face2social.com/privacypolicy.
Ownership. All content included on this Site is and shall continue to be the property of Face2Social, its content suppliers or respective copyright owners and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by You of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will You acquire any ownership rights or other interest in any content by or through Your use of this Site.
Intended Audience. This Site is intended for adults only. This Site is not intended for any children under the age of 13. Minors between the ages of 13 and 18 may only use this Site under the supervision of a parent or legal guardian. For more information, please refer to Section 11 (Content of Minors) below.
Trademarks. Face2Social, and others are either trademarks or registered trademarks of Face2Social. Other product and company names mentioned on this Site may be trademarks of their respective owners.
Site Description. Face2Social provides a search service that uses facial recognition technology to analyze images submitted by users to locate publicly available instances where that image or the individual in the image appears across social media platforms and other public websites. By using our Site, You acknowledge and agree to the following:
- Our Site functions as a search engine that indexes publicly available content only;
- We make NO GUARANTEES regarding the completeness, accuracy, or timeliness of search results;
- All search results are provided "as is" and should be independently verified;
- Our Site does not grant You any rights to the content located through our searches;
- You are solely responsible for ensuring Your use of any located content complies with applicable copyright, privacy, and other laws;
- Face2Social does not store or maintain copies of images located through searches except as temporarily necessary to provide our Services;
- The Site is not intended for, and You will not use the Site to, making decisions about consumer credit, employment, insurance, tenant screening, or similar purposes that would make Face2Social a consumer reporting agency under applicable law; and
- We reserve the right to limit or block searches that appear to be automated, excessive, or potentially harmful.
Site Use. Face2Social grants You a limited, revocable, nonexclusive license to use this Site solely for Your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or Services in violation of any law. The use of this Site is at the discretion of Face2Social and Face2Social may terminate Your use of this Site at any time.
User Conduct. You agree not to use the Site to:
- Upload, post, or transmit any informational content that is unlawful, defamatory, vulgar, obscene, libelous, invades the privacy of another, threatens another person or entity, or is otherwise objectionable;
- Harm legal minors;
- Collect personal information on, "cyberstalk" or harass another user, or engage in conduct that negatively affects the online experience of another user or any person;
- Impersonate another user, person, or entity, including any official or employee of Face2Social;
- Intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
- Upload, post or transmit any software or files that contain software viruses or other harmful computer code;
- Interfere with the operation of Face2Social web servers or other computers or Internet or network connections;
- Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
- Upload, post or transmit any unsolicited or unauthorized advertising, including "spam" or "junk mail";
- Engage in stalking, harassment, or any form of unauthorized surveillance;
- Attempt to identify individuals for the purpose of intimidation, "bullying", or causing harm;
- Collect personal information on, discriminate against, "cyberstalk" or harass another individual;
- Gather information for the purpose of identity theft, fraud, or other illegal activities;
- Collect information for use in phishing, social engineering, or similar deceptive practices;
- Build or enhance facial recognition databases without proper consent from the individuals involved;
- Engage in systematic scraping or downloading of images or data from our Site;
- Circumvent or attempt to circumvent any privacy settings or protections implemented by original content hosts;
- Use information obtained through our Site to engage in discrimination of any kind; or
- Create derivative works based on the located content without permission from the original content owners.
Face2Social reserves the right to report any suspected illegal activity to appropriate law enforcement authorities and to cooperate in any resulting investigation.
Face2Social does not pre-screen uploaded, posted, or transmitted content, but does reserve the right to inspect, edit, and delete any content that it knows, or has reason to know, has violated this Agreement. Face2Social reserves the right to immediately, and without notice, terminate the account of any user found to have violated the provisions of this Agreement. Face2Social may disclose any informational content users post, upload or transmit to the Site, if such disclosure is necessary to enforce this Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Face2Social, the public, or other users.
Prohibited Jurisdictions
Face2Social does not offer any services to residents of the State of Illinois (U.S.A.), the European Union (EU), European Economic Area (EEA), United Kingdom, Canada or Russia, nor does it permit use of the Services for or against residents of these jurisdictions. Face2Social has implemented technical measures, including geo-IP blocking, to prevent access from these regions. Any person subject to the laws of the State of Illinois, EU, EEA, UK, Canada or Russia must not use this Site or Services.
Face2Social does not knowingly collect, process, or store personal data or biometric information of residents of the State of Illinois, EU, EEA, UK, Canada or Russia. If You believe we have inadvertently collected Your data and You are a resident of these jurisdictions, please contact us immediately at privacy@face2social.com or submit an opt-out request, and we will delete such data upon verification of Your request.
Content Submitted on Behalf of a Third Party. If You submit any content (including photographs, images, or personal information) on behalf of a third party, You represent and warrant that:
- You have obtained explicit consent from that third party to submit their content to our Site;
- You have informed the third party about how their content will be used by Face2Social, including potential searches across publicly available online sources;
- You will promptly notify us at privacy@face2social.com if the third party revokes their consent;
- You will indemnify and hold Face2Social harmless from any claims, damages, or legal actions arising from Your submission of third-party content without proper authorization;
- You acknowledge that Face2Social may require proof of consent at any time and reserves the right to remove third-party content if proper consent cannot be verified; and
- You understand that facilitating searches of third-party individuals without their consent may violate privacy laws in certain jurisdictions, and You assume all liability for ensuring compliance with applicable laws.
Face2Social reserves the right to refuse processing any third-party content if we have reasonable grounds to believe that proper consent has not been obtained or that such processing would violate applicable laws.
Content of Minors. Our Site is designed to exclude and not process images of children under the age of 13 in accordance with the Children's Online Privacy Protection Act (COPPA). Additionally, special protections apply to all minors under the age of 18:
Parental Consent Required. If You are a parent or legal guardian and wish to submit content related to Your minor child (under 18 years of age) for the purpose of locating their images online, You must:
- Complete our Parental Consent Verification process;
- Provide documentation that establishes Your identity and relationship to the minor;
- Explicitly state the purpose for which You are conducting the search; and
- Acknowledge that You are acting in the best interest of the minor.
Minor Protections. Face2Social implements additional safeguards for content related to minors:
- All search results involving minors will be specially filtered to exclude potentially inappropriate contexts;
- Search functionality for minor-related queries is limited to legitimate safety and security purposes only;
- Results will not be stored in our system longer than necessary to complete the requested search; and
- Face2Social reserves the right to deny any search request involving minors if we determine the search is not clearly in the minor's best interest.
Teens (13-17). If You are between 13 and 17 years old, You may use our Site only with the involvement and consent of a parent or legal guardian. Teen users must have a parent or guardian review and agree to these Terms of Use on their behalf. By using this Site, we will consider these Terms to have been accepted by the parent or guardian on the minor's behalf.
Prohibited Uses. Under no circumstances may our Site be used to:
- Track, monitor, or surveil minors without proper legal authority;
- Collect information about minors for marketing purposes;
- Create profiles of minors on any social media platforms; or
- Otherwise process minor data in a manner inconsistent with applicable child protection and privacy laws.
Zero-Tolerance Policy. Face2Social maintains a zero-tolerance policy for any misuse of our Site involving minors and will cooperate fully with law enforcement authorities regarding any suspected improper use involving children.
User Account. You must select a username and password upon completing the registration process. You are fully responsible for maintaining the confidentiality of Your username and password. You agree to immediately notify Face2Social if You know, or have reasonable grounds to suspect, that Your username and password have been compromised. Face2Social shall not be responsible for any user's failure to abide by this paragraph.
Compliance with Laws. You must abide by all Federal, State and local laws. If You are outside the United States You must comply with all local laws with respect to Your online conduct, as well as the export of data to the United States or to Your country or residence. You further agree that information provided by You is truthful and accurate to the best of Your knowledge.
Payment Terms.
Free Trials. Face2Social may provide You with the opportunity to try out the Services on a free, trial basis. The terms of any such trial shall be fully disclosed prior to purchase. You are responsible for reviewing such terms prior to accepting any free trial offered by Face2Social.
Membership Plans.
- Face2Social offers a variety of Membership Plans. Details about the specific Membership Plan, including the payment period for each plan, are provided during the enrollment process. By subscribing to a Membership Plan, You agree to receive access to the Services offered at enrollment, subject to the billing terms provided herein.
- All Membership Plans are billed at the beginning of the payment period and payment is non-refundable. Unless otherwise indicated in Your Membership Plan details, Face2Social will automatically renew each Membership Plan at the end of each payment period. Each Membership Plan will be open and active until it is canceled, suspended, or terminated in accordance with these Terms.
- You may opt to pay for Membership Plans using a credit card. By providing credit card information, You certify that it is an authorized user of the credit card. Face2Social does not store or process full credit card information. Instead, Face2Social employs independent and reputable third-party payment processors to store and process credit card information. In the event a credit card payment attempt fails, Face2Social is entitled to undertake subsequent attempts to process the payment. The Services Services may be suspended or terminated at Face2Social's discretion if a payment is delinquent.
- Credit card payments will be processed at the end of each payment period for the amounts due for (1) the next payment period's Membership Plan fee, (2) any Membership Plan overages incurred during the prior period, and (3) any additional services purchased during the prior period.
- You may also opt to pay by being invoiced. In addition to any payment terms described in the invoice, invoices must be paid within thirty (30) days of issuance. If any invoice is unpaid within sixty (60) days of the invoice date, Your access to the Services may be suspended or terminated at Face2Social's discretion. If You require the use of a purchase order or purchase order number, You (i) must provide the purchase order number at the time of purchase and (ii) agrees that any terms and conditions on a You purchase order or otherwise provided by You to Face2Social will not apply to these Terms and are null and void.
Membership Plan Cancellation.
- You may cancel a Membership Plan at any time and for any reason. To cancel, select "Usage & Subscriptions" within the Account Settings while logged into You's Account.
- You will receive a cancellation confirmation after cancellation and will be billed only for any Membership Plan overages already incurred or additional services already purchased.
- Cancellation of a Membership Plan does not entitle You to any refunds of already-processed payments, or to be prorated for partial-month usage. You will continue to have access to the Services until the end of the current payment period.
- You should contact Customer Care at support@face2social.com regarding any problems encountered during the cancellation process.
Refunds. Face2Social is offering non-tangible irrevocable goods. Accordingly, Face2Social does not issue refunds once the Information is delivered and available on You's dashboard.
Assignments. Face2Social may assign these Terms at any time without notice to You. You may not assign these Terms to anyone else, and any attempt to assign shall be null and void.
Communications from Face2Social. You may, from time to time, receive email communications from Face2Social about You's Account or features of the Services. You may elect to opt out of these communications at any time by following the instructions and link provided within the email communication.
Links to Other Websites. You may find links to other Internet sites or resources on our Website that offer content, goods, or services. You acknowledges and agrees that Face2Social has no responsibility or liability (directly or indirectly) for: (i) the availability of such external sites or resources; (ii) any content, advertising, products, or other materials on or available from such sites or resources; or (iii) any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with You's use of or reliance on any such content, goods, or services available on or through any such site or resource.
Submission of Confidential Information and Ideas; Submission of User Provided Content.
- From time to time, Yous may submit ideas to Face2Social for improving the Services, either by email or in the course of an interaction with a Face2Social team member. Face2Social has no obligation to treat this material as confidential information. To the extent that You wish to have an idea remain confidential, to retain rights in the idea, or to be compensated for submission of the idea, please do not submit the idea to Face2Social. You acknowledge that Face2Social may use all content and ideas submitted for any lawful purpose and You are not entitled to any compensation for Face2Social's use of the content or ideas.
- Portions of the content on the Services are submitted by You and other users ("User Provided Content'", to which You may contribute appropriate material. User Provided Content includes, but is not limited to, any information You upload to Face2Social or any Face2Social applications, any posts You make on the Services or any Face2Social applications, and any comments or suggestions You send to us. For User Provided Content, Face2Social merely hosts and provides access as well as provides tools to post and share content. Face2Social does not assume any liability with regard to such material (including with respect to its accuracy). While Face2Social cannot preview or monitor the User Provided Content, Face2Social may delete any User Provided Content that Face2Social believes to be in violation of these Terms. Face2Social reserves the right, but does not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that Face2Social believes violates these Terms. Face2Social is also sensitive to the copyrights and other intellectual property rights of others.
- The decision to upload or share User Provided Content is You's responsibility and You should only submit or share User Provided Content that belongs to You (or where You have obtained all necessary permissions or consents) and that will not violate the rights of others. Be aware that copyright and other intellectual property rights will normally belong to the creator of the material in question and You should not reproduce or submit anything without permission of the owner. By submitting User Provided Content, You represent and warrant that You have the right to do so or that You have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). You agree to be liable to and indemnify Face2Social for any loss or damage suffered as a result of breach by You of the foregoing warranties. Upon request, You agree to furnish Face2Social with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate You's compliance with this provision.
- By submitting User Provided Content, You grants Face2Social a perpetual, transferable, sublicensable, worldwide, royalty-free, license to host, store, copy, publish, distribute, provide access to create derivative works of, and otherwise use User Provided Content submitted by You, to the extent and in the form or context Face2Social deems appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby releases Face2Social from any and all claims, liens, demands, actions or suits in connection with the User Provided Content submitted by You, including, without limitation, any and all liability for any use or nonuse of You's User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if You stop using the Services.
- Face2Social may scan, image and/or create an index from the User Provided Content You submits. When this occurs, You grant Face2Social a license to the User Provided Content as described above and Face2Social will own the digital version of documents created by Face2Social as well as any indexed information that Face2Social creates. Except for the rights granted in these Terms, Face2Social acquires no title or ownership rights in or to any User Provided Content You submit and nothing in these Terms conveys any ownership rights in such User Provided Content. The licenses granted continue for the maximum time permitted by applicable law, even if You stop using the Services.
- You acknowledges and agrees that Face2Social may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if Face2Social believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of Face2Social, the Services, other users, or the public.
Indemnification. You agree to indemnify and hold Face2Social, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of this Agreement by You. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of any content or information or service accessed from this Site.
Disclaimer. THE INFORMATION, SERVICES, AND/OR RESULTS ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. You AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. FACE2SOCIAL DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FACE2SOCIAL DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY RESULTS OR INFORMATION GENERATED BY THIS SITE. ANY RESULTS PROVIDED ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR ANY PERSONAL, PROFESSIONAL, OR LEGAL DECISION-MAKING. TO THE EXTENT YouR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, PORTIONS OF THIS LIMITATION MAY NOT APPLY TO You. YouR SOLE AND EXCLUSIVE REMEDY RELATING TO YouR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. FACE2SOCIAL SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR CONSEQUENCES ARISING FROM THE USE OR MISUSE OF THE INFORMATION PROVIDED BY THIS SITE, INCLUDING BUT NOT LIMITED TO ERRORS, OMISSIONS, OR INACCURATE RESULTS.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FACE2SOCIAL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YouR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ERRORS, INACCURACIES, OR OMISSIONS IN THE INFORMATION PROVIDED, ANY RELIANCE ON RESULTS GENERATED BY THE SITE, OR ANY UNAUTHORIZED ACCESS TO OR USE OF YouR DATA YouR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YouR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to You, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to You.
Use of Information. Face2Social reserves the right, and You authorize us, to use and assign all information regarding Site uses by You and all information provided by You in any manner consistent with our Privacy Policy.
Copyrights. If You believe Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to Face2Social:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the material that You claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact Face2Social for any claims of copyright infringement on the Site at legal@face2social.com
Applicable Law. You agree that the laws of the state of Wyoming without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between You and Face2Social or its affiliates.
Agreement to Arbitrate. Please read this carefully as it affects Your rights. Disputes Subject to Arbitration. Face2Social and You agree to arbitrate all disputes and claims between us, including, but not limited to:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- Claims that arose before this or any prior agreement between Face2Social and You (including, but not limited to, claims relating to advertising or disclosures); and
- Claims that may arise after the termination of this agreement. Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided that it seeks relief that does not affect other Yous. Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (20)(e) below, is for the court to decide. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.
Dispute-Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Face2Social should be addressed to: General Counsel, Face2Social, 1309 Coffeen Avenue STE 18907 Sheridan, Wyoming 82801 ("Notice Address"). The Notice must (i) provide You's mailing address, phone number, and account name (if any); (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought ("Demand"). If Face2Social and You do not reach an agreement to resolve the claim within 60 days after the Notice is received, You or Face2Social may commence an arbitration proceeding with the American Arbitration Association ("AAA").
Costs of Arbitration. Face2Social will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated by Face2Social. The payment of those fees for any arbitration that You initiates will be governed by the AAA Rules. The filing fee currently is $125 for claims for up to $10,000 in damages, but is subject to change by the AAA. However, if You initiates an arbitration in accordance with the notice requirements of paragraph (20)(b) and is seeking relief valued at $300 or less (both to You and Face2Social), Face2Social will pay all AAA filing, administration, and arbitrator fees. If You's claim is for greater than $300 but less than $10,000, Face2Social will pay all such fees in excess of $20. After Face2Social receives notice at the Notice Address that You have commenced such an arbitration, Face2Social will promptly reimburse You for any portion of the filing fee that You paid that Face2Social has agreed to pay. If the arbitrator finds that either the substance of You's claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agrees to reimburse Face2Social for any amounts Face2Social paid on You's behalf to the AAA.
Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects. Unless Face2Social and You agree otherwise, any arbitration hearings will take place in the county (or parish) of You's residence at the time of the filing of the Demand. If You brings a claim for $10,000 or less, Face2Social agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in person hearing as established by the AAA Rules. If You's claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law. Unless the parties agree otherwise, You and Face2Social must bring all directly related claims in a single arbitration proceeding. If You or Face2Social later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either: (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws Face2Social may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, Face2Social agrees that it will not seek such an award unless You is represented by an attorney and the arbitrator has determined that You's claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
Prohibition of Class or Representative Actions and Non-Individualized Relief. You AND FACE2SOCIAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and Face2Social agree otherwise, the arbitrator may not consolidate more than one You's claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other users of the Services . Neither You nor Face2Social may seek non-individualized relief that would affect other users of the Services. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, Face2Social agrees that if Face2Social makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. The failure of Face2Social to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Face2Social must be in writing and signed by an authorized representative of Face2Social.
Termination. Face2Social may terminate this Agreement at any time, with or without notice, for any reason.
Relationship of the Parties. Nothing contained in this Agreement or Your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Entire Agreement. This Terms of Use constitutes the entire agreement between You and Face2Social and governs the terms and conditions of Your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Face2Social with respect to this Site. Notwithstanding the foregoing, You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when You use the Site. Face2Social may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, You should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Terms of Use signifies and confirms Your acceptance of any such changes or amendments to the Terms of Use.
Contact Information.
Face2Social
1309 Coffeen Avenue STE 18907 Sheridan, Wyoming 82801
support@face2social.com
DATE LAST UPDATED: January 09, 2026