INTERFACE PAGES LLC - TERMS OF USE
Welcome to InterFACE Pages LLC (“InterFACE”). These are the terms and conditions
that constitute the official Terms of Use (“Terms of Use”) between you (“you”, “your”
and “yours”) and InterFACE (“we”, “our” or “us”) that apply to your use of our Website
and the services, features and functions of InterFACE, and the InterFACE services
further described in Section 1 below (collectively, the “Service(s)”) that are offered
and made available on, through or using our Website. We will use the term “Website”
or “Websites” to mean and include the primary InterFACE website on the World Wide
Web at http://interfacepages.com, as well as any and all equivalent, mirror, replacement,
substitute or backup websites and all web pages in any of our Websites.
When you use or take advantage of any features or functions of our Website or Services
or participate or engage in activities or transactions we make available in connection
with our Website or Services, you are also confirming your agreement to be bound
by and comply with any and all of the additional terms and conditions that we indicate
apply to you in doing or attempting to do those things (referred to individually
and collectively, as “Additional Terms”). Our Privacy Policy, as well as any Additional
Terms that apply to you, are all part of these Terms of Use and form a part of your
agreement with us regarding the Website and Services.
These Terms of Use do not cover any other services, websites, web pages, transactions,
relationships, activities or other things, nor any transactions or relationship
you may have with any of our, suppliers, advertisers, licensors, operational service
providers, promotional partners, sponsors, Professional Members (as defined below)
or any other person, firm or enterprise, unless specifically stated. These Terms
of Use do not cover your rights or responsibilities with respect to third party
content or any links that may direct your browser or your connection to third party
sites or pages, even if they appear on our Website and you should refer to the terms
of use and privacy policies that apply to these third parties since they, not us,
are responsible for them.
The words "use" or "using" means any time you, or any other individual, directly
or indirectly, with or without the aid of a machine or device, does or attempts
to access, interact with use, display, view, print or copy from the Website or the
Services, transmit, receive or exchange data or communicate with the Website or
the Services, or in any way utilizes, benefits, takes advantage of or interacts
with any function or feature of the Website or the Services, for any purpose whatsoever.
Anyone using our Website or Services, including you, may also be referred to as
a “user.”
The Website and Services are only available to: (i) users who are older than 18
years of age (or the applicable age of majority in your place of residence) provided
they consent to these Terms of Use, and (ii) users who are younger than 18 years
of age (or the applicable age of majority in your place of residence) only if such
user’s parent(s) or legal guardian(s) consent to the user’s use of the Website or
Services and the parent(s) or legal guardian(s) agree to these Terms of Use. If
you are a parent or legal guardian registering on behalf of a minor you are agreeing
to be fully responsible for the minor, comply with and enforce compliance with these
Terms of Use. If you are a parent and do not agree with these Terms of Use, do not
register, allow or condone your minor to use the Website or any Services. If you
are a minor, by using our Website or Services, you are certifying to us you have
your parent’s consent to use our Website or Services and agree to be bound by and
comply with these Terms of Use.
To become an InterFACE member, please review these Terms of Use, complete the InterFACE
registration and check the box next to “I accept User Agreement.” By checking the
box next to “I accept User Agreement,” and/or otherwise using the Website and/ or
signing below, you agree to the terms, conditions, notices and guidelines contained
in these Terms of Use and that the Services provided by InterFACE are subject to
same and, where applicable, the user represents that he or she has obtained consent
from his or her parent or legal guardian and such parent or legal has agreed to
the terms and conditions of these Terms of Use. Please be advised that we may amend
these Terms of Use at any time by posting the amended terms on our Website. The
amended terms and conditions shall be automatically effective immediately after
they are posted on our Website.
1. DESCRIPTION OF SERVICES
InterFACE provides a variety of free and paid online Services including, but not
limited to, home pages, online composite cards, 8 X 10 headshots, portfolios, MP3
playback voice recordings, digital video recordings and bulletin boards accessible
through various URL’s including, but not limited to, the Website. These Services
are usable by all registered users with the exception of the pay services that are
limited to paying members only. Your photos, videos, images, voice recordings, likenesses
or characterizations, or other materials showcasing you and/or your performances
may (but we shall be under no obligation to do so nor shall any of the payments
hereunder be in consideration of any such submission(s)) be submitted to any of
the many industry professionals worldwide (hereinafter “Professional Members”),
if your information fits the criteria they have requested. Certain Professional
Members shall have access to the Website for the purpose of searching for potential
models or actors.
InterFACE provides via the Website, a searchable online database of model and talent
information. Professional Members have the ability to search the online database,
but InterFACE does not actively market models and talent to Professional Members.
InterFACE is not a Talent or Employment Agency and InterFACE does not provide marketing
services. InterFACE does not represent you as an agent, manager or otherwise. InterFACE
does not actively promote you. By paying the applicable membership fee, you are
paying for the right to utilize any Services you pay for (e.g., posting your online
composite card) and, through an authorized affiliate, on InterFACE and access other
additional InterFACE pay Services. Your InterFACE portfolio may or may not be seen
by Professional Members who use the Services. InterFACE members are not charged
any commission or fee related to any requests from Professional Members through
InterFACE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LIKELIHOOD OF INTERFACE PROFESSIONAL
REQUESTS RESULTING FROM THE SERVICES PROVIDED HEREUNDER. FURTHER, WE WILL NOT, AND
ARE UNDER NO OBLIGATION TO, INFORM YOU IF YOUR ONLINE COMPOSITE CARD HAS BEEN EMAILED
TO ANY InterFACE PROFESSIONAL. YOU ACKNOWLEDGE AND AGREE THAT THE LIKELIHOOD OF
BEING CONTACTED ON ACCOUNT OF YOUR ONLINE COMPOSITE CARD IS LIMITED IN LIGHT OF
THE HIGHLY COMPETITIVE NATURE OF THE MODELING AND ENTERTAINMENT INDUSTRIES. YOU
ARE RESPONSIBLE FOR THE APPLICABLE MEMBERSHIP FEE REGARDLESS OF WHETHER OR NOT YOU
ARE CONTACTED BY A PROFESSIONAL MEMBER.
THE SERVICES PROVIDED BY INTERFACE HEREUNDER WILL NOT MATCH YOU WITH EMPLOYMENT
OPPORTUNITIES.
INTERFACE WILL NOT (1) PROCURE OR OBTAIN, OR OFFER, PROMISE OR ATTEMPT TO PROCURE,
OBTAIN, OR ASSIST IN PROCURING OR OBTAINING, EMPLOYMENT FOR YOU, (2) MAKE YOU AVAILABLE
TO EMPLOYERS SEEKING EMPLOYEES ON A PART-TIME OR TEMPORARY ASSIGNMENT BASIS, (3)
PROCURE, OBTAIN, OFFER, PROMISE, OR ATTEMPT TO PROCURE OR OBTAIN, EMPLOYMENT OR
ENGAGEMENTS FOR YOU AS AN ACTOR, ACTRESS, PERFORMING ARTIST, VOCALIST, MUSICIAN
OR MODEL, OR (4) ACT AS A PLACEMENT FIRM, CAREER COUNSELING SERVICE, OR RESUME SERVICE.
INTERFACE WILL NOT ADVERTISE TO YOU IN ANY MANNER THE FOLLOWING SERVICES FOR A FEE:
CAREER COUNSELING; VOCATIONAL GUIDANCE; APTITUDE, ACHIEVEMENT OR VOCATIONAL TESTING;
EXECUTIVE CONSULTING; PERSONNEL CONSULTING; CAREER MANAGEMENT, EVALUATION, OR PLANNING;
THE DEVELOPMENT OF RESUMES AND OTHER PROMOTIONAL MATERIALS RELATING TO THE PREPARATION
FOR EMPLOYMENT; OR REFERRAL SERVICES RELATING TO EMPLOYMENT OR EMPLOYMENT QUALIFICATIONS.
2. PROPRIETARY RIGHTS; CONTENT AND SUBMISSIONS
(a) “Content” refers to all content, music, audio, video, audio-visual, text, graphics,
artwork, illustrations, images, photographs, data, information, databases, designs,
other proprietary information and materials and all copyrightable or otherwise legally
protectible elements of the Website and/or the Services, tangible or intangible,
including, without limitation, the selection, sequence, 'look and feel' and arrangement
of items, as well as all copyright and other rights in Marks or other intellectual
property which you may encounter, are provided by, available from, or for your use
in connection with our Website and Services. We use the term “Marks” to refer to
trademarks, service marks, logos, brands and brand names, trade dress and trade
names and all other distinctive identification. Marks that are not our property
are used with permission. You will not alter, delete, obscure or conceal any copyright
or other notices, nor will you reproduce, modify, create derivative works from,
display, perform, publish, distribute, disseminate, broadcast or circulate or use
any Content in violation of these Terms of Use, without our express written consent.
You also will not copy, modify, display, broadcast, transmit, perform, transfer,
distribute or use Content in violation of these Terms of Use or any laws or regulations
and you shall only store, record, play back and download Content for which you have
the necessary authorization, permissions, licenses and clearances. You agree not
to authorize, encourage or allow anyone else, directly or indirectly, to do anything
you are not permitted to do under these Terms of Use.
(b) Content is either our property or owned by our users, members, Professional
Members, licensors, suppliers, operational service providers, advertisers, business
or promotional partners or sponsors and is legally protected, without limitation,
under U.S. Federal and State, as well as applicable foreign laws, regulations and
international treaties. We make no representations about the accuracy, reliability,
completeness, or timeliness of any Content or the results to be obtained from using
our Service and you expressly agree that your use of our Service is solely at your
own risk. You agree that all of these entities are third-party beneficiaries under
these Terms of Use and both we and they can protect our respective rights and enforce
these Terms of Use against you. You may only use our Service or non-commercial,
personal use and for no other purpose and your right to use our Service is not assignable
or transferable. Any rights not granted to you under these Terms of Use are fully
reserved by us and any unauthorized or prohibited use of our Service may subject
you to civil liability, criminal prosecution, or both.
(c) You are solely responsible for any materials you submit to us or through our
Website including, without limitation, Your Promotional Materials (as defined in
our Professional Services Agreement) tear sheets, home pages, images, online composite
cards, headshots, portfolios, MP3 playback voice recordings, videos, video files
and bulletin boards, may provide members with an opportunity to create a profile,
transmit, submit, and/or exchange Personal Information, images, photographs, recordings,
messages, chat, ideas, opinions or other information, transmissions or material
("Submissions") to us, other users (including Subscribers) and sometimes, other
third parties. You acknowledge and agree that Submissions are the sole responsibility
of the person from which such Submissions originated and to be specific, you, (not
us or any other party) are entirely responsible for the consequences of your Submissions.
Submissions do not reflect our views and we have no obligation to monitor, endorse,
edit or screen any Submissions, although we reserve the right to do so. Even if
we do, we have no obligation to continue to do so or do so continuously and we may
do so randomly, sporadically, continuously or not at all and in some or no portions
of our Website or Services. In no event shall we have or be construed to have any
responsibility or liability for or in connection with any Submission whatsoever,
even Submissions in violation of this Agreement. If we determine that any Submission
does or may violate any of the terms or conditions that apply to you or any law
or regulation, we reserve the right, at any time and without limiting any and all
other rights we may have, to: (a) refuse to allow you to submit Submissions; (b)
remove and delete your Submissions; (c) revoke your registration, status as a member
and your right to use the Website or Services; and/or (d) use any technical, legal,
operational or other means to enforce your compliance, including, without limitation,
blocking specific IP addresses or deactivating your registration, your status as
a member and/or your use of our Website or Services. We assume no responsibility
for deletion of Submissions or any failure to store, receive or deliver Submissions
in a timely manner or any other matter relating to Submissions.
(d) If a Submission originates from your member ID, you agree: (a) you are placing
the Submission in the public domain without reservation of any rights or further
control over the Submission or its use and you specifically authorize us, at our
option, to use such Submission in whole or in part, throughout the universe, in
perpetuity in or on any and all media, now known or hereafter devised, discovered
or developed, whether alone or together, in combination or as part of other information,
content and/or material of any kind or nature; (b) you represent and warrant (i)
the Submission is original to you or fully cleared for use as described above, (ii)
the Submission does and will not, in any way, violate or breach any of the terms
or conditions that apply to you or any other agreement you may be bound by, (iii)
the Submission does not contain libelous, tortious, or otherwise unlawful information,
infringe or violate any copyright or other right of any other party or contain any
matter the publication or sale of which will violate any federal, state or local
statute, regulation, ordinance or court order, (iv) the Submission is not obscene
or in any other manner unlawful, (v) the Submission shall not be injurious to the
health of any person, including any user or member, and (vi) we shall not be required
to pay or incur any sums to any person or entity as a result of our use or exploitation
of any Submission; (c) if your Submission incorporates the name, logo, brand, service
or trademark, voice, likeness or image of any person, firm or enterprise, you specifically
represent and warrant you have the right to place such Submission in the public
domain and grant us the right to use such Submission as described above; and (d)
we have the right to delete, re-format and change your Submission in any manner
we determine. If you believe any Submission on the Website or any Services violates
any of the terms of the Agreement, please notify us about it at TOU@interfacepages.com.
We cannot guarantee we will respond to your notice and we reserve the right to take
or refrain from taking any or all steps available to us once we receive any notice.
(e) You hereby expressly authorize InterFACE to use your Submissions including,
without limitation, your photographs, images, audio and video recordings and tear
sheets, for InterFACE’s advertising and/or for publicity purposes in all media now
known or hereafter developed, with no compensation, royalty, acknowledgment or credit,
in any form, due to you.
4. MEMBER CONDUCT
InterFACE reserves the right to modify or remove anything submitted to the Website
or in connection with the Services and to cancel any membership, at any time, for
any reason and without prior notice. In addition, InterFACE, in its sole discretion,
may terminate your account including accounts of paying users, or block your access
to certain user features including, but not limited to, the user forums, for violation
of the letter or spirit of these Terms of Use.
Your use of our Website and Services is subject to all applicable local, provincial,
state, national and international laws and regulations and international treaties.
You are solely responsible for all activities, acts and omissions that occur in,
from, through or under your email address, account or user ID. The following is
a non-exclusive list of prohibited uses and content:
(a) any use of copyrighted, trademarked, patented, or other material protected by
the intellectual property rights of a third party without the express permission
of the author or owner, the commission of any acts of copyright, trademark or any
other intellectual property infringement, or contributing to, inducing, or facilitating
such infringement; this prohibition includes all forms of software piracy;
(b) any and all Professional Members utilizing this service are prohibited from
using, copying, recording and contacting any Model/Actor/Talent, composite cards,
profiles, headshots, video recordings, MP3 Recordings, or any other material posted
and protected by the rights of a third party without the prior written consent of
said third party;
(c) uploading, posting or otherwise transmitting any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic,
sexually explicit, libelous, invasive of another’s privacy, hateful or racially,
ethnically or otherwise objectionable; or which may or may appear to impersonate
anyone else. This also includes content that promotes illegal activity in any way.
Despite this prohibition, information provided by Professional Members or other
InterFACE members may contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and InterFACE assumes no responsibility or liability
for this material. If you become aware of misuse of the InterFACE services by any
person, please contact InterFACE. InterFACE reserves the right to report violations
of this provision to, and will cooperate with, law enforcement authorities;
(d) violating any laws, regulations (including, without limitation, laws regarding
the transmission of technical data or software exported from the United States),
judicial or governmental order, any treaties or violate or infringe upon any intellectual
property rights, rights of publicity or privacy or any other rights of ours or of
any other person, firm or enterprise;
(e) the manipulation of identifiers in any way in order to disguise the origin of
any content transmitted through InterFACE’s Services or develops restricted or password-only
access pages, or hidden pages or images, including, without limitation, forging
any TCP/IP packet header or part of the header information in any email or newsgroup
posting for any reason;
(f) the uploading, posting or transmission of any malicious code, such as viruses,
time bombs, cancel bots, worms, Trojan horses, spyware, or other potentially harmful
programs or other material or information;
(g) the collection, storage, compilation, gathering, transmission, reproduction,
deletion, revision, viewing or displaying of any material or information, whether
personally identifiable or not, posted by or concerning any other person, firm or
enterprise, in connection with their or your use of our Website or Services unless
you have obtained the express, prior permission of such other person, firm or enterprise
to do so;
(h) impersonating any person or entity, including, but not limited to, a InterFACE
official, forum leader, guide or host, or misrepresentation of your affiliation
with a person or entity;
(i) uploading, posting or otherwise transmitting any content that you do not have
the right to transmit under any law or contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
(j) uploading, posting or otherwise transmitting any unsolicited or unauthorized
advertising, promotional materials, "junk mail", "SPAM", "chain letters", pyramid
schemes", or any other form of solicitation;
(k) disrupting the normal flow of dialogue, causing a screen to "scroll" faster
than other users of the service are able to type, or otherwise acting in a manner
that negatively affects other users' ability to engage in real time exchanges;
(l) using your web page (or directory) as storage for remote loading or as a door
or signpost to another web page, whether inside or beyond InterFACE and its affiliates;
(m) having multiple InterFACE online composite cards with different names or inaccurate
or inconsistent information; posting any incomplete, false or inaccurate portfolio
information or information which is not your own accurate portfolio;
(n) using the InterFACE forums, email or any other means, except if explicitly authorized
in writing by InterFACE, to contact InterFACE members for talent placement services,
model scouting or booking or any other form of recruitment, agent services or job
placement offer; offering any franchise, pyramid scheme, "club membership", distributorship
or sales representative agency arrangement or other business opportunity which requires
an up front or periodic payment, pays commissions only (no significant salary),
requires recruitment of other members, sub-distributors or sub-agents;
(o) taking any action, which imposes an unreasonable or disproportionately large
load on the Website's infrastructure;
(p) if you have a password allowing access to a non-public area of the Website,
disclosing to or sharing your password with any third parties or using your password
for any unauthorized purpose;
(q) notwithstanding anything to the contrary contained herein, using or attempting
to use any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search the Website other than the search engine and search agents available
from InterFACE on this Website and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer);
(r) attempting to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of the Website; or
(s) reproducing, duplicating, copying, selling, renting, reselling or otherwise
exploiting any portion of the Website or Services, use of the Website or Services
or access to the Website or Services.
5. PAYMENT
You authorize InterFACE to collect fees from you that are payable from you to your
representative (the “Representative”) and you further authorize InterFACE to distribute
such fees to your Representative. All questions and inquiries related to billing
and fees should be directed to your Representative. Representatives include InterFACE
Pages LLC, which can be reached at interface@interfacepages.com. InterFACE retains
the sole discretion to add Representatives for which InterFACE will collect fees.
If you pay by credit card, your Representative may automatically renew your membership,
and automatically bill your credit card, on a yearly or monthly basis according
to the applicable membership subscription type you selected from your Representative,
until such membership is terminated.
6. SPAM: LIQUIDATED DAMAGES
InterFACE will immediately terminate any account that it believes, in its sole discretion,
is transmitting or is otherwise connected with any spam or unsolicited bulk email.
In addition, because damages are often difficult to quantify, you agree to pay InterFACE
liquidated damages of $5 (or InterFACE’s actual damages, whichever is greater) for
each piece of spam addressed to any individual recipient or unsolicited bulk email
transmitted from or otherwise connected with your InterFACE account, user ID or
email address.
7. INDEMNIFICATION
You agree to defend and indemnify us, our parent, subsidiaries and affiliates, as
well as our and their officers, directors, employees, agents, licensors, representatives,
advertisers, sponsors, business and promotional partners, operational service providers
and suppliers against any and all demands, claims and actions (including, without
limitation, any claim you have improperly downloaded, used, encoded, decoded, compressed,
copied, displayed, broadcast, adapted, accessed, exported or transmitted any Content)
(“Claims”) and you will hold us harmless from and against all losses, damages, costs
and expenses (including reasonable attorneys' fees) (“Losses”) resulting from your
breach or violation of these Terms of Use, the public posting or display of any
material, content or items you submit or provide or your alteration, unauthorized
use or export of Content, information, messages or communication, as well as your
violation of law or regulation or your infringement, misappropriation or any violation
of the rights of any other party. We reserve the right to assume the exclusive defense
and control of any such Claims and all negotiations for their settlement or compromise,
and you agree to fully cooperate with us.
8. NO GUARANTEE OF SERVICE
InterFACE provides its services on a commercially reasonable basis and does not
guarantee that users and/or users will be able to access or use the services at
times or locations of their choosing. Specifically InterFACE reserves the right
at any time to modify or discontinue temporarily the service (or any part of the
service) with or without notice. You agree that InterFACE should not be liable to
you or to any third party for any modification; suspension or discontinuance of
the service and no refund shall be given in any event, including any of the circumstances
described in this Section 8.
9. ADVERTISEMENTS AND PROMOTIONS
(a) InterFACE runs advertisements and promotions on InterFACE sites. By creating
your InterFACE site, you agree that InterFACE has the right to run such advertisements
and promotions in a manner and with such frequency that is subject to change. Your
dealings with the advertisers and their promotions found on or through the service,
including payment and delivery of related goods or services are solely between you
and the advertiser. You agree that InterFACE should not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the service.
10. THIRD PARTIES; LINKS
The display of URLs, hypertext links anywhere on our Website or any other form of
re-direction of your connection to, with or through our Website (‘links’) is not
an endorsement, nor do we have any obligation, responsibility or liability resulting
from any links. We do not verify or have any responsibility for any other parties
or websites (including their privacy policies) or for any of their goods or services
even if we separately have a marketing, advertising or other promotional arrangement
with them. If a third party obtains information from or about you, we have no responsibility
or liability for their conduct or activities. Our Privacy Policy describes how we
collect and use Personal Information that we obtain from you.
INTERFACE IS NOT RESPONSIBLE FOR ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY OTHER
PERSON, INCLUDING, BUT NOT LIMITED TO, PROFESSIONAL MEMBERS OR AFFILIATES OF INTERFACE.
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
OUR WEBSITE AND SERVICES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE", WITHOUT
ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY
OR ASSURANCE THE WEBSITE OR SERVICES WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS.
WE ARE ALSO NOT LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR
OMISSIONS ARISING OUT OF YOUR USE OF OUR WEBSITE OR SERVICES. YOU UNDERSTAND, ACKNOWLEDGE
AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE,
TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY
OF ANY AND ALL FEATURES AND FUNCTIONS OF OUR WEBSITE AND/OR SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER
WE NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS NOR OUR OR ANY
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES,
ADVERTISERS, SPONSORS, BUSINESS OR PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS
OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE,
DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMPENSATORY, CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER
AND IF APPLICABLE, YOUR REGISTRATION, YOUR ACCOUNT, MEMBERSHIP, ANY PROMOTIONS,
PRODUCTS OR OTHER FEATURES, FUNCTIONS, TRANSACTIONS OR ACTIVITIES ASSOCIATED WITH
OR ARISING FROM OR THROUGH OUR WEBSITE OR SERVICES, REGARDLESS OF THE FORM OF THE
ACTION, THE LEGAL THEORY OR THE BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES
OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE
MAXIMUM DISCLAIMERS AND LIMITATIONS ON REMEDIES, DAMAGES AND LIABILITY AVAILABLE
AT LAW AND IN EQUITY. IN SUCH SITUATION, HOWEVER, IN NO EVENT SHALL OUR LIABILITY
TO YOU FOR DAMAGES OR OTHERWISE EXCEED ONE HUNDRED DOLLARS (US$100), NOTWITHSTANDING
ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU AGREE IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH ANY ASPECT OF OUR
WEBSITE OR SERVICES OR ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE WHICH
CONSTITUTES YOUR AGREEMENT WITH US, THEN TERMINATION OF YOUR MEMBERSHIP, REGISTRATION
AND USE OF OUR WEBSITE OR SERVICES IS YOUR SOLE RIGHT AND EXCLUSIVE REMEDY, EVEN
IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE
AND AGREE WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY
OTHER PARTY. UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY OBLIGATION TO REFUND ANY MONIES
ACTUALLY PAID BY YOU FOR YOUR MEMBERSHIP OR ANY SERVICES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN
LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS
DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
Our Website has a finite, and therefore limited, capacity and so some downloads,
messages and transmissions may not be processed in a timely fashion or at all, and
some features or functions may be restricted or delayed or become inoperable. You
acknowledge and agree we assume no liability, responsibility or obligation to transmit,
process, store, receive or deliver downloads, transactions, messages, transmissions,
postings or any of your information or communications or for any failure or delay.
Do not rely on the timeliness or performance of our Website for any transactions,
transmissions, messages, information or other communications.
INTERFACE MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY,
OR ACCESSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. InterFACE
IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE
TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS
ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.
12. TERM, TERMINATION AND CANCELLATION
The term of your membership begins on the date you register as a member of InterFACE
(i.e., the date your contact information (name, address, email address, billing
information) is entered into the InterFACE database) and will continue on a yearly
or monthly basis according to the applicable membership subscription type you selected
at registration time, until you cancel your membership as set forth below, unless
it is otherwise canceled by InterFACE pursuant to these Terms of Use. You can cancel
your membership at any time by delivering thirty (30) days notice to InterFACE via
email sent to: Membership@interfacepages.com. You are responsible for any charges
incurred to third-party vendors or content providers prior to your cancellation
and for all membership or subscription fees payable through the natural expiration
of your membership (i.e., through the next annual or monthly renewal date as applicable).
13. NOTICE
Notices to you may be made via either email or regular mail at the addresses listed
below. We may also provide notices of changes to these Terms of Use or other matters
by displaying notices or links to notices to you generally on the Website.
Interface@interfacepages.com
14. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will choose or be provided with a user name and password upon completing the
InterFACE registration process. You are responsible for maintaining the confidentiality
of your user name and password and are fully responsible for all activities that
occur under your user name and password. You agree to (a) immediately notify InterFACE
of any unauthorized use of your user name and password or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. InterFACE
cannot and will not be liable for any loss or damage arising from your failure to
comply with this Section 14.
15. MISCELLANEOUS
These Terms of Use constitutes the entire agreement between you and InterFACE with
respect to the subject matter hereof and governs your use of the service, superseding
any prior agreements between you and InterFACE (including, but not limited to any
prior versions of the Terms of Use). You may also be subject to additional terms
and conditions that may apply when you use affiliated services, third-party content
or third-party software. The Terms of Use and the relationship between you and InterFACE
shall be governed by the laws of the State of New York without regard to its conflict
of law provisions. You and InterFACE agree to submit to the personal and exclusive
jurisdiction of the courts located within the County of Nassau, State of New York.
The failure of InterFACE to exercise or enforce any right or provision of the Terms
of Use shall not constitute a waiver of such right or provision. If any provision
of the Terms of Use is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other provisions
of the Terms of Use remain in full force and effect. You agree that your account
is non-transferable and any rights to your account or contents within same terminate
upon your death. Upon receipt of a copy of a death certificate, your account may
be terminated and all contents therein permanently deleted. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the service or the Terms of Use must be filed within one
(1) year after such claim or cause of action arose or be forever barred. The section
titles in these Terms of Use are for convenience only and have no legal or contractual
effect.
16. VIOLATIONS
Please report any violations of the Terms of Use to InterFACE Pages LLC via email
at
TOU@interfacepages.com
These Terms of Use were last updated on April 9, 2007 and is deemed effective as
of such date.
2007 InterFACE Pages LLC.
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