TERMS AND CONDITIONS
Last updated: August 17, 2018
Welcome to www.funnyfacenetwork.com (hereinafter referred to as the “Funny Face Network,” “Website,” or “Site”) an online directory that enables consumers to find face painters, henna artists, caricature and airbrush artists near them.
The website is owned and operated by Purple Cow Company (hereinafter referred to as “Company,” “We,” “Us,” or “Our”). Any reference to “User,” “You,” or “Your” refers to all users who access or visits the website and includes registered as well as unregistered users. Any reference to “Company,” “We,” “Us,” or “Our” refers to the Purple Cow Company.
Here is a summary of some important provisions covered in this Agreement. You should always read the full Agreement before accessing the Website:
- You must be at least eighteen years of age to enter into this Agreement with the Company;
- Consumers are advised to review Vendors Terms of Service before entering into any commercial transactions;
- Your payment information is collected and processed by Paypal, Inc. By providing any payment information to Paypal, Inc, you agree to abide by Paypal’s legal terms and privacy provisions;
- The Company will not be held responsible for any user conduct, whether online or offline;
- Users are solely responsible for maintaining the confidentiality of their username and password;
- Copyright violations are a serious offense and we do not condone such behavior on Funny Face Network Website;
- The Company is offering the Website to Users subject to certain disclaimers of warranties and limitation of its liability, please carefully review these provisions and if you do not agree with them please do not use the Website.
3. Key Terms
Unless expressly stated otherwise, the following words shall hold the meaning as described hereunder:
“Consumer” – A user who accesses the Website to search for face painters, henna artists, caricature and airbrush artists.
“Vendor” – refers to face painters, henna artists, caricature and airbrush artists who list their services on the Website.
“User” – refers to all registered Users as well as unregistered Website visitors and the term ‘User’ includes Consumers and Vendors.
“listing” – A publicly visible business listing posted by a Vendor on the Website.
“Parties” – collectively refers to Consumers and Vendors when entering into any transaction or agreement.
“Website Services” – Vendor search, business listing, as well as rating and review functionality offered by the Website to all registered Users.
“Subscription fees” – refers to the subscription fees payable by Vendors for professional or spotlight listing.
“Service Agreement” – refers to an agreement between a Consumer and a Vendor whereby the Consumer agrees to acquire the listed service from the Vendor and the Vendor agrees to render the service in accordance with the terms and conditions agreed upon between the parties.
4. General Disclaimer
WE DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY LISTING ON THE WEBSITE AND WE WILL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING MONETARY OR PERSONAL LOSS) ARISING FROM OR CONNECTED WITH ANY LISTING.
OUR ACCEPTANCE OF ANY VENDOR ACCOUNT DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH VENDOR.
WE DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY LISTING ON OUR WEBSITE AND WE WILL NOT BE A PARTY TO ANY AGREEMENT BETWEEN VENDORS AND CONSUMERS.
IT IS SOLELY THE RESPONSIBILITY OF VENDORS TO ASSESS CONSUMER’S ABILITY TO PAY FOR ANY SERVICES AND IT IS SOLELY THE RESPONSIBILITY OF THE CONSUMER TO ASSESS THE SUITABILITY AND COMPETENCE OF THE VENDOR TO RENDER THE SERVICES.
THE COMPANY WILL NOT BE A PARTY TO ANY AGREEMENTS OR DISPUTES BETWEEN VENDORS AND CONSUMERS UNDER ANY CIRCUMSTANCES.
You must be at least eighteen years of age to sign up for an account on the Website and you must have the capacity to enter into legally binding Agreement in your current state of residence.
IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU ARE STRICTLY PROHIBITED FROM ACCESSING OUR WEBSITE AND PROVIDING ANY PERSONAL INFORMATION TO US.
Where you are entering into this Agreement on behalf of an entity, you represent and warrant to the Company that you have the authority to act on behalf of that entity and to bind that entity to this Agreement.
6. About Funny Face Network
Funny Face Network is an online directory that enables consumers to find Vendors offering face painting, henna art, caricature and airbrush art services and Vendors offering these services to find consumers.
THE COMPANY DOES NOT OFFER ANY FACE PAINTING, HENNA ART, CARICATURE AND AIRBRUSH SERVICES TO CONSUMERS OR ACT AS AN AGENT, EMPLOYER, PARTNER OR REPRESENTATIVE OF VENDORS LISTED ON THE WEBSITE. THE COMPANY DOES NOT PERFORM ANY BACKGROUND CHECKS OR ASSESS THE SKILLS OF ANY VENDOR TO DELIVER SERVICES LISTED THEREFORE WE ARE UNABLE TO OFFER CONSUMERS ANY ASSURANCES OR WARRANTIES AS, TO THE QUALITY, LEGALITY, EXISTENCE, TIMELY DELIVERY AND ACCURACY OF ANY SERVICES LISTED/ADVERTISED/PROMOTED ON THE WEBSITE.
THE COMPANY HEREBY DISCLAIMS ALL LIABILITY FOR LOSS, CLAIMS OR DAMAGES INCURRED BY A CONSUMER, WHETHER DIRECTLY OR INDIRECTLY, ARISING FROM OR RELATING TO CONSUMER’S RELIANCE UPON THE INFORMATION MADE AVAILABLE ON THE WEBSITE. ANY DECISION TO ACQUIRE ANY SERVICES LISTED ON THE WEBSITE WILL BE MADE BY CONSUMERS ENTIRELY AT THEIR OWN RISK.
WE CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE. NOTHING IN THIS AGREEMENT REPRESENTS OR GUARANTEES THE VENDOR ANY INCOME DURING THE TERM OF THIS AGREEMENT.
7. Account Setup and Security
Consumers do not need to create an account on the Website to browse and search for Vendors, however, to post a review or comment, Consumers must first register an account on the Website.
Vendors are required to select one of the subscription plans offered on the website to post their business listing. The Company offers a free basic plan as well as other paid subscription plans to suit different Vendor needs. As a Vendor, you can easily select your preferred plan and sign up at www.funnyfacenetwork.com.
Please note that when creating an account, users are required to provide us with correct and current information at the time of account registration. In the event of any material change in your account details, please immediately edit the account information on the Website or alternatively contact us with the words “Account details” in the subject line.
You agree that you will keep your account sign in details confidential. By creating an account on the Website, you accept that you are solely responsible for any activity that occurs on your account and you agree that you will maintain the confidentiality of your login credentials.
In the event of any security breach or suspicious activity, you must immediately notify us at [INSERT EMAIL ADDRESS].
The Company reserves the right to introduce any paid features and functionalities without giving any notice to you. You accept and acknowledge that any paid functionality will be governed by Payment, Cancellation and Refund provisions as outlined in this Agreement.
8. Vendor Subscription
The Company currently offers both free as well as paid subscription plans for Vendor to choose from. All subscription plans and accompanying subscription fees are available at https://funnyfacenetwork.com/select-plan/. Vendors will only be eligible to features and functionality as described in your selected subscription plan.
All subscription fees are specified in US Dollars (USD) and Vendors will be charged according to their selected plan when they first subscribe and each year thereafter, on an automatically recurring basis until Vendor chooses to cancel the subscription.
In the event we do not receive your subscription fee when it was due and payable, we will attempt to contact you at the contact information provided by you. We reserve the right to downgrade your subscription plan in the event of non-payment Please note that we will not be held responsible for any third-party claims, loss of revenue or lost opportunity as a result of downgrading your Vendor account arising from non-payment of your subscription fee.
The Company reserves the right to modify any plans, subscription fees, payment, cancellation, and refund policy at any time by amending these Terms. In the event of any change in subscription fees which requires you to pay higher fees, than you paid in the last billing cycle, we will give you at least thirty (30) days notice before billing you the increased amount. Such notice will be deemed to have been given on the date we send the notification email to you. If you do not agree with such change in subscription fees, your sole remedy is to downgrade your plan or cease using the website.
9. Vendor Subscription: Cancellation
You may cancel your subscription anytime by contacting us via email at [staff@FunnyFaceNetwork.com] with the words “Cancellation” in the subject line. To avoid being billed for the next cycle we advise Vendors to cancel their subscription before the end of their current billing cycle. If you cancel your subscription before the end of your billing cycle, your listing will retain all the benefits of your plan until the end of your billing cycle.
The Company reserves the right to terminate and/or restrict Vendor’s access to the Website at any time without providing any notice. Actions that may give rise to the termination of Vendor account by the Company include but are not limited to:
- Violation of any provisions of this Agreement by the Vendor;
- Where the Company determines that Vendor’s conduct is harmful to the Company or any other Users;
- Any attempts by a Vendor to manipulate Consumer reviews on the Website;
- Repeated violation of posting rules and community guidelines;
- The Company discontinues the Website for any reason.
10. Vendor Subscription: Refund Policy
Subscription payments are deemed to be fully earned on the day Vendor account is billed by the Company. Please note that we do not offer any partial refunds in the event a Vendor decides to cancel a subscription before the end of the billing cycle.
Where the Company decides to grant a refund request, such refund will be made to the same account from which the payment was received. The processing of refund payment may take time, please wait at least 15 days after your refund request has been approved for the payment to appear in your account.
11. Vendor Obligations
By creating an account on the Website and listing your business, you expressly agree that:
- You will only provide true and accurate information to consumers in your listing on the Website;
- You must ensure that your listing offers the detailed and accurate description of the Service you offer;
- You must have the legal right to use any content that you post on the Website including text, images, audio and videos;
- You will conduct yourself in a professional manner in all your interactions with Consumers and in the event of a dispute, you agree to cooperate in the amicable resolution of any dispute;
- You will promptly and efficiently perform all your obligations towards other Users and the Company under this Agreement;
- You will clearly state your cancellations and refund policy as well as any other applicable terms and conditions for service you list on the Website;
- You will ensure that You are aware of any applicable laws and regulations governing you;
- You will not use any content (whether provided by the Company, another User or a third-party) from the Website on third-party sites or for other business purposes without Company’s prior written permission;
- You will not post any offensive, obscene, degrading, misleading or harmful text, video or images on the Website;
You understand that when you enter into any Service Agreement with another User, unless the transaction is prohibited by law or by this Agreement, you create a legally binding contract with such User. If you do not fulfil your obligations towards such User, you may become legally liable to compensate such User.
12. User Obligations
The User obligations as set out in this provision apply to all Website Users (Consumers and Vendors). As a Funny Face Network Website User, you agree that at all times:
- You will comply with this Agreement and all applicable laws and regulations;
- You will promptly and efficiently perform all your obligations towards other Users;
- You will not share any content available (whether provided by the Company or any User) on the Website on any third-party sites or for other business purposes without Company’s prior written approval;
- You will immediately report any unhealthy User behavior by flagging any content that you know to be in violation of these terms or that can be viewed as harassment, abuse, inappropriate, offensive to any individual or group, promoting hate speech or crime.
You agree that you will not:
○ Post any content that may be potentially or actually harmful to the Company or any User;
○ Post any content or information that is false, inaccurate, misleading or deceptive in nature;
○ In any way, infringe any User or third-party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
○ Act in any manner that may lead to the violation of any applicable laws or regulation, including but not limited to those governing export and import control and trade practices;
○ Post any content that may be deemed defamatory, libelous, threatening or harassing;
○ Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate;
○ Intentionally or unintentionally cause harm or subvert the function of the Website by introducing any viruses, trojan horses, time bombs, cancelbots or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on the Company database;
○ Disclose the personal information of any other User on the Website;
○ Impersonate another User on the Website;
○ Post, share or promote any content that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or violent, pornographic, sexually explicit, defamatory or suggestive;
We have a zero tolerance policy for Users who intend to use or actually use our Website for predatory behavior including stalking, harassment, bullying or any similar dangerous behavior.
If we discover that you have violated any of the aforementioned terms, we reserve the right to block your account and take any appropriate legal action to ensure the safety of our Web Community.
13. User Account Termination
You may terminate your Funny Face Network account at any time by contacting us at [INSERT EMAIL ADDRESS]. Please take note that all your data stored on the Website will be permanently removed upon deletion of your account. It is solely your responsibility to ensure that you save any and all data that you wish to access at a later stage. You will not be able to reactivate your account at a later stage after it is terminated.
The Company reserves the right to terminate this Agreement and your access to the Website at any time without giving any notice to you, if we find that:
- You have violated the terms of this Agreement;
- Your conduct is harmful to the Company or any of its Users; or
- We cease our business operations for any reason.
14. Commercial Transactions between Users
Funny Face Network enables Vendors to list their business/service on the Website. All such listings form part of the User Generated Content and solely the responsibility of the Vendor from whom such content originated. Consumers understand that all such offers may be subject to additional Vendor terms and conditions.
To the extent that such additional Vendor terms do not conflict with the terms and conditions in this Agreement and do not expand Company’s obligations or restrict Company’s rights under this Agreement, the Consumer will be bound by Vendor’s terms and conditions. It is solely the responsibility of the Consumer to review any additional Vendor terms and conditions before entering into any commercial transactions with the Vendor. Both parties (Vendors and Consumers) agree that the Company is not a party to any service agreements between the Parties and the Company will not be responsible for any obligations arising from the agreement between the Consumers and Vendors.
15. No liability for User Generated Content
You understand that all User Generated Content is the sole responsibility of the User from whom such Content originated. The Company will not be liable for any errors, omissions or inaccuracies in any User Generated Content. The Company cannot guarantee the identity of any User or authenticity of any information provided by Users on the Website including listings, comments and reviews. Your use of User Generated Content is solely at your own risk.
16. Intellectual Property
Except for the User Generated Content, all content and services made available by the Company on the Website including without limitation, the text, graphics, audio, video, interactive features, code, marks, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property rights and international conventions.
This Agreement grants you only a limited, non-exclusive, non-transferable license to use our Website for your personal and non-commercial use only. You understand that any violation of this provision can incur criminal as well as civil liability.
17. Copyright Disputes Policy
The Company reserves the right to immediately terminate any User’s access to the Website or remove any content that, we in our sole discretion believe, infringes the intellectual property rights of another person or entity. You agree that you will not post or in any way reproduce any content that is protected by copyright laws without the express permission to use such content from the authorized person.
If you believe that your copyrighted material or content is posted, uploaded or made accessible on our Website, please inform us at the email address listed below of such material and provide us with the following information:
○ Identification of the material or content that is claimed to be infringing your copyrighted works;
○ Your contact information including your name, phone number and email address;
○ A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us regarding the copyright infringement.
Contact us: [INSERT EMAIL ADDRESS]
18. User Suggestions
If you have ideas or suggestions on how we can improve Funny Face Network, please feel free to share your views with us by sending us an e-mail at the address below. For purposes of full disclosure and avoidance of any conflict, please note that when you submit your suggestion/ideas, you are granting us full and exclusive rights, at our discretion, to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in the Website or creation of another business, in whole or part, without any restriction or compensation to you now or ever in future.
Email: [INSERT EMAIL ADDRESS]
19. Disclaimer of Warranties
ALL WEBSITE SERVICES PROVIDED BY THE COMPANY ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND IT’S DIRECTORS, SHAREHOLDERS AND EMPLOYEES NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF THE WEBSITE PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.
YOU HEREBY EXPRESSLY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF THE WEBSITE.
20. Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE WEBSITE. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGES AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
IN THE EVENT THE COURT FINDS THE COMPANY LIABLE, UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF THE COMPANY EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE LAST ONE YEAR OR FIFTY US DOLLARS ($50).
THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE WEBSITE OUTSIDE THE UNITED STATES OF AMERICA.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) the violation of these Terms by you,
(ii) Your gross negligence or willful misconduct, or
(iii) the infringement by you, or any third party using your account, of any intellectual property or rights of any person or entity.
22. Governing Law and Jurisdiction
This Agreement shall be construed in accordance with the laws of the State of Texas and federal laws of United States of America.
Both parties agree to the exclusive jurisdiction of the state court in Houston, Texas to adjudicate any disputes arising out of this Agreement.
23. Force Majeure
Neither the Company nor the User will be held liable for failure to perform any of their obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service. Whilst the performance has been suspended for more than 14 days, either the Company or the User may terminate this agreement by immediate written notice.
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