Terms of Service

Overview

Thank you for using the FaceR^TM services (hereinafter collectively referred to as FaceR Service) in connection with your FaceR^TM applications, such as FaceR CredentialME^TM. The FaceR Service allows you to incorporate face detection and recognition capabilities into your smartphone and mobile device security settings. These Terms of Service describe the terms and conditions under which Animetrics offers you the FaceR Service. By downloading the FaceR CredentialME^TM application or any other FaceR^TM application, you are agreeing to be bound by the terms and conditions herein.
 
You hereby warrant that you have the capacity to enter into these Terms of Service, you are over 18, or you have obtained the consent and approval of our parent or legal guardian.
 
1. Grant of License. You are hereby granted the authorization to use the FaceR Service on a worldwide (except as limited below), non-exclusive, personal, non-transferable, revocable, limited and royalty-free basis according to the terms and conditions set forth herein, and as set forth in the applicable End User License Agreement (EULA) you entered into with the purchase and/or download of the FaceR CredentialMe^TM or any other FaceR^TM application, which are incorporated here by reference.
 
2. Use of Service. When purchasing or subscribing to a FaceR^TM application, such as FaceR CredientialME^TM, you will provide an email address and photos from which a biometric template is created. You warrant that your use of the FaceR Service and the information and photos you provide:

1. do not infringe any right of any third party, including without limitation patents, trademarks, copyright, trade secrets, rights of privacy and publicity;
2. comply with all applicable laws and regulations;
3. do not impersonate or harass any other person or entity;
4. do not include material that is libelous, abusive, threatening, fraudulent, misleading, or obscene;
5. do not violate any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, antidiscrimination or false advertising laws); and
6. do not contain any viruses or other harmful computer code.

Without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from the United States or the country in which you reside.
 
3. Security and Privacy. You are fully responsible for the privacy and security of any passwords associated with your smartphone and mobile devices, and should you choose to share such passwords with third parties, or if third parties gain access through your negligence, you will be fully responsible for all actions and resulting liabilities from such third-party use, including third-party use of your FaceR Service.
 
Animetrics is committed to protecting your privacy. By accepting these Terms of Service, you expressly consent to uses and disclosures of your personal information as enumerated in Animetrics' Privacy Policy at www.animetrics.com/privacy. The terms of such Privacy Policy are incorporated herein by reference.
 
4. Intellectual Property. The FaceR Service and FaceR applications may be protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights. Animetrics owns all rights, title, and interest in and to the FaceR Service and FaceR applications. These Terms of Service grant you no right, title, or interest in any intellectual property owned or licensed by Animetrics.
 
You will own any photographs you upload through the FaceR Service, but you agree to grant Animetrics a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable right to use, copy, and make derivative works of such photographs. Animetrics will only use such photographs for purposes of performing services, or otherwise in accordance with its Privacy Policy.
 
5. Changes to the Service or Terms and Termination. You understand that Animetrics may, in its discretion, from time to time change, add, or remove certain features of the FaceR Service, change the pricing, or change the terms of this Agreement. If such changes are made, Animetrics will inform you of the amended terms via email to the email address you provide to Animetrics, or by publicly posting it on the Animetrics web site at www.animetrics.com. If you are dissatisfied with any such changes to the FaceR Service or these Terms of Service, you may terminate your license by contacting Animetrics. In addition, you may terminate your license at any time by discontinuing use of all or any of the FaceR Service and FaceR applications.
 
Animetrics may terminate your license if you breach any term of these Terms of Service. In addition, Animetrics reserves the right to discontinue the FaceR Service altogether for all users at any time in its discretion. Any termination will be effective upon thirty days notice by Animetrics, and such notice will be sent to you by email, or will be publicly posted to the Animetrics web site at www.animetrics.com.
 
After termination, you will always be able to access your smartphone or mobile device applications that had been locked through the FaceR CredentialMe^TM application. After termination, you will also continue to have access to your photos through your Google Picasa® account.
 
6. Support. The FaceR Service is provided without any support; However, Animetrics may elect to provide you with support or modifications for the FaceR Service or the FaceR applications (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you.
 
7. Fees. The FaceR Service is currently provided free of charge. However, Animetrics may charge fees for future use of or access to the FaceR Service according to its sole discretion. If Animetrics decides to charge for the FaceR Service, Animetrics will provide you prior notice of such charges, as further described in Section 5 herein.
 
8. WARRANTY AND LIMITATION OF LIABILITY. THE FACER SERVICE AND FACER APPLICATIONS ARE PROVIDED "AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY ANIMETRICS. TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES.
 
The above disclaimers of warranty and limitations of liability constitutes an essential part of these Terms of Service and the license granted herein, and you acknowledge that your installation, configuration and use of the FaceR application and the FaceR Service reflect your acceptance of this disclaimer of warranty and liability. Certain jurisdictions may limit Animetrics' ability to disclaim their liability to you, in which case, the foregoing disclaimer shall be construed to limit Animetrics' and its licensors' liability to the maximum extent permitted by applicable law.
 
9. Waiver. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Animetrics, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the FaceR Service or the FaceR applications. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
 
10. Indemnification. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Animetrics and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the FaceR Service or the FaceR applications, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Animetrics shall use good faith efforts to provide you with written notice of such claim, suit or action.
 
11. General Terms.

1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of these Terms of Service, you and Animetrics shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Animetrics, express or implied.
2. Severability. If any provision of these Terms of Service 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 such documents remain in full force and effect.
3. Jurisdiction, Governing Law. This Agreement will be governed by and construed in accordance with the laws of the New Hampshire excluding its conflicts of law provisions. The parties agree the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded in its entirety from application to this License.
4. No Waiver. Animetrics' failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
5. Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Service.
6. Entire Agreement. These Terms of Service, the Animetrics Privacy Policy at www.animetrics.com/privacy, and the applicable EULA you agreed to when purchasing or downloading the FaceR application, constitute the entire agreement between you and Animetrics relating to the FaceR Service and FaceR applications.
7. Contact and Notice. Please direct any questions, correspondence or other notices required under these Terms of Service to Animetrics at Animetrics, you must write to: Animetrics Inc., 53 Technology Lane, Conway, NH 03818.