By registering to use and access the Facialprint Inc. (“Facialprint”) website located at Facialprint.co and opting to participate in the the Facialprint photo matching service algorithm (“Algorithm”) (together, the “Service”), you are agreeing to be bound by these Terms of Use (the “Terms”). The Terms and Privacy Policy govern your use of our Service. Please read these Terms carefully. Unless you opt out of arbitration in accordance with the instructions below within 30 days of first agreeing to these Terms, you are agreeing that we will resolve certain disputes between us in binding arbitration on an individual basis rather than in jury trials or class actions. See the Dispute Resolution section below for more details. If you do not agree with any of these terms, you are prohibited from using or accessing the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
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Privacy Policy
‍Please refer to our Privacy Policy at facialprint.co/privacypolicy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.
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General Terms
‍These Terms constitute the entire and exclusive understanding and agreement between Facialprint and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Facialprint. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Facialprint’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Facialprint may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
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Any notices or other communications provided by Facialprint under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
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Facialprint’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Facialprint. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
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Facial Recognition Technology
‍You agree that we may use facial recognition technology to allow us to identify photos on the Service in which you appear when you add a reference photo to the Service. For example, our facial recognition technology will utilize your reference image to identify and select image(s) of you within the albums of photos. In addition, your responses to potential photo matches may improve the accuracy of the facial recognition technology. By using the Service and adding a reference image, you consent to the use of facial recognition technology to identify photos on the Service in which you appear. You represent that the reference image photo added by you to the Service is you (or a family member for whom you are the legal guardian or have their consent) and that you are not impersonating or misrepresenting yourself as any other person or entity. For more information on our use of facial recognition technology, please see our
‍Privacy PolicyChanges to Terms of Service
‍We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
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Who May Use the Service Eligibility
‍You may use the Service only if you are 13 years of age or older and are not barred from using the Service under applicable law.
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Registration and Your Information
‍If you want to use certain features of the Service you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.