Terms of Service

A Billion Faces Terms of Use

The abillionfaces.com web site (the "Site") is an online information service provided by Intellectual Asset Partners, LLC ("IAP"), subject to your compliance with the terms and conditions set forth below.

Please read the following information carefully before using this Site. By accessing or using this Site, you agree to be bound by these Terms of Use.

If you do not agree with any of the below Terms of Use, please do not use this Site. IAP reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time, and by continuing to use the Site after the posting of a modification, you accept the modification.

The Terms of Use apply to services provided by IAP, its parent companies, subsidiaries, affiliates, and divisions, if any, all of which are referred to herein as "ABF". These Terms of Use are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by ABF and others through this Site.

These Terms of Use apply to all users of this Site, including registered users of ABF services. Should a conflict occur between this statement and a User Agreement for an ABF service, the User Agreement will govern.


The Service

This Site is intended only to facilitate the creation and display of collections of photographs or photo mosaics (referred to as "a Canvas" or "Canvases") and their use as entertainment, to create memorabilia, and a fund-raising tool. This Site is not intended to directly provide any for-profit or charitable fund-raising services on behalf of end users. ABF is not a charitable organization, nor is ABF registered with any government entity as a charitable organization. ABF is not a "paid solicitor" or a "solicitor of money for charitable purposes". ABF does not solicit charitable contributions on behalf of or for the benefit of any user, entity, or organization, nor does ABF act as a "Fund-Raising Counsel". ABF does not control or take possession of any funds which may be raised through the use of the services of the Site, nor does ABF take any portion of any funds which may be raised through use of the services of the Site as a commission or fee. ABF may however, make use of the tools of this Site to raise funds for itself and may accept fees for associated services including, but not limited to, merchandising services.

Users who would like to create one or more Canvasses through the Service must enter into the ABF User Agreement, which must be approved by ABF at its sole discretion.

ABF may offer a number of other services on its Site, including without limitation, message boards, social networking facilities, blogs and newsletters, and e-commerce facilities which may change from time to time.


Use of the ABF Site and ABF Service

ABF will only knowingly provide the ABF canvas creation Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the ABF Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. The ABF Service is not intended for use by children under the age of 13.

ABF grants you a limited revocable license to access and use the Site and the ABF Service for its intended purposes, subject to your compliance with the Terms of Service. This license does not include the right to collect or use information contained on the Site for purposes prohibited by ABF; to compete with ABF; to create derivative works based on the content of the Site; or download or copy the Site (other than page caching), except as specifically permitted by ABF. If you use the Site in a manner that exceeds the scope of this license or you breach the Terms of Service, ABF may revoke the license granted to you.


Prohibited Use

You may only use the ABF Service as expressly permitted by ABF. You may not cause harm to the Site or the ABF Service. Specifically, but not by way of limitation, you may not: (i) interfere with the ABF Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the ABF Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the ABF Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain ABF's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the ABF Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by the ABF Terms of Service.

In using the ABF Service, you will not:

(i) display any ABF trademark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by ABF, other than your use of the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of ABF or ABF personnel;
(ii) use the ABF Service to disparage ABF, its products, or the ABF Services;
(iii) use the ABF Service to display adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
(iv) use the ABF Service in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to ABF; or
(v) use the ABF Service in a manner that violates any law or regulation


Disclaimer of Warranties and Liability

Information and products or services offered by ABF and others through this Site are provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will ABF be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages, for any use of this Site or any linked site including, without limitation, lost profits, loss of use, business interruption, loss of programs or images or user registration information or fund-raising information or other data, whether in an action based on contract, negligence or other tortious action, even if ABF is expressly advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you.

ABF may use third parties to provide certain services accessible through the Site. ABF does not control those third parties or their services, and you agree that ABF will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as the ABF Terms of Service when you use those services. If any such terms or policies conflict with ABF's Terms of Service, agreements or policies, you must comply with ABF's Terms of Service, agreements or policies, as applicable.

In no event will ABF warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information, products, or services offered by ABF and otherwise through this Site.


Confidentiality

ABF's policy with respect to the privacy of individuals' personally identifiable information is set forth in our Privacy Policy, which you should review carefully. Photographic images, narrative text or descriptions, comments, suggestions, ideas or other materials (including without limitation original or creative materials) submitted or sent or transmitted to ABF (collectively "Submitted Material") will be deemed to be non-confidential and will remain the sole property of the submitter. Subject to the conditions described in the Privacy Policy, ABF has no obligation of any kind with respect to such Submitted Material and will be free to use, copy, modify and/or distribute the Submitted Material to others without limitation for any purpose, commercial or otherwise, without geographic limitations, without compensation or acknowledgement to you, including, but not limited to manufacturing, publishing, or selling products incorporating such Submitted Material.


Trademark Rights

The ABF product and service names referenced in this Site, including without limitation the name "A Billion Faces" and the ABF Logo and "Canvas for a Cause", are trademarks or registered trademarks of IAP in the United States and/or in other countries. Other products and company names mentioned on the Site may be the trademarks of their respective owners. You are granted only a limited license and nothing herein grants you any rights in or to (i) any ABF marks; (ii) the Content of the Site other than any Content which you have submitted; nor (iii) any other intellectual property or proprietary rights of ABF.


Copyright

Copyright Notice: (c) 2010 Intellectual Asset Partners, LLC, All Rights Reserved. Except as otherwise provided, ABF owns all content originated by ABF and contained in this Site, including without limitation the information, materials, text, graphics, Site design, and the selection, assembly and arrangement thereof ("Content"). The Content is protected by copyright laws of the U.S. and other countries and may not be used for any commercial purpose or copied, distributed, displayed, modified, reproduced, performed, published, posted or reverse engineered in whole or in part without the prior written permission of ABF. For more information please contact ABF via the Support Request form or send regular mail to IAP, 8463 Jackson Hole Dr, Sandy, UT 84093, USA.


Content License

ABF claims no ownership over Your Content, and you retain copyright and any other rights you already hold in Your Content. You will retain ownership of the Content that you upload to the Site. You hereby grant to ABF a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as ABF deems necessary. ABF may sublicense the rights that you grant it in this Section to a third party subcontractor at its sole discretion.

You represent and warrant to ABF that, in your use of the ABF Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to ABF that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) ABF will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that ABF incurs in providing the ABF Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.


Intellectual Property Rights Policy

ABF provides an automated internet-based service to users, which they use to create collections of photographs. Our terms of service prohibit our users from using the service to infringe third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity). We encourage intellectual property rights owners to contact us if they believe that a user of our service has infringed their rights. If you let us know that your rights are being infringed by one of our users we will (in our discretion) require that the user's content be removed from Canvass(es) and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user's access to our services.

If you believe that your intellectual property rights have been infringed by a user of our service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:

- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.

- Identification of the copyright, trademark or other rights that have been allegedly infringed.

- The URL or identification of the Canvas and the specific content within the Canvas that allegedly infringes on your rights. Simply including www.abillionfaces.com is not sufficient to identify what you are objecting to.

- Your name, address, telephone number and email address.

- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.

- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

Our Intellectual Property Rights Agent is Reza Jalili, who may reached by mail, email, telephone or fax as follows:

abillionfaces.com
Attn: Reza Jalili
Intellectual Property Rights Agent
84063 Jackson Hole Dr
Sandy, UT 84093, USA

Email: info@abillionfaces.com


International Use

Recognizing the global nature of the Internet, you agree to comply with all local laws including, without limitation, laws about the Internet, data, email, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, you agree to comply with all applicable laws regarding fund raising for charitable purposes.


Jurisdictional Issues

Unless otherwise specified, the materials in the Site are designed for use by United States residents only. This Site is controlled and operated by ABF through its headquarters within the State of Utah and this Agreement will be governed by, construed and enforced in accordance with the laws of the State of Utah, as it is applied to agreements entered into and to be performed entirely within such State. You agree that any legal action or proceeding between ABF and you for any purpose concerning this Site or the parties' obligations hereunder must be brought exclusively in the U.S. District Court for the District of Utah or state court of competent jurisdiction sitting in the County of Salt Lake, State of Utah.


Indemnification

You agree to indemnify, defend and hold harmless ABF, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information or services to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.


Content Disclaimer

ABF provides users online tools needed to create Canvasses featuring their ideas, designs and art. All content is created by the users of ABF services and does not necessarily reflect the opinions and views of ABF.


Termination

In its sole discretion, with or without notice to you, ABF may: (i) suspend, limit your access to or terminate your use of the Site and/or the ABF Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from ABF's servers and directories and (iv) prohibit you from using the ABF Service and/or the Site.

If you or ABF terminates your use of the Website or the ABF Service, ABF may delete any Content or other materials relating to your use of the ABF Service on ABF's servers or otherwise in its possession and ABF will have no liability to you or any third party for doing so.


Miscellaneous

No waiver of any breach of any provision of these Terms of Use or of any User Agreement will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use or of a User Agreement to be invalid or unenforceable, such findings will have no effect on any other part or provision of these Terms of Use or the User Agreement. All waivers must be in writing.

Any action against ABF, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information or services to the Site must be brought within six (6) months after the cause of action arises. ABF is not responsible for delay or failure to perform due to causes beyond its reasonable control.

Any rights not expressly granted herein are reserved.


(last updated June 7, 2010)