End user agreement for facemoods.com
Thank you for installing Facemoods for web based messengers
Please note: (1) you MUST be 13 years or older to install or to use the Facemoods Toolbar Software. If you are not yet 13, do not download Facemoods Software;
(2) the Facemoods Software is not intended for use by or be available to persons under the age
When you download the Facemoods Software, you will receive the following software features:
Facemoods for Web based messengers: An add-on toolbar that allows you to easily add fun content to your instant web based messenger conversations. This content is updated constantly and offers fun Emoticons, Audibles, Winks, Sound effects, Nudges, Games, special effects and more
Facemoods content selection: Facemoods give you an additional interface in your
web messenger windows ( such as facebook chat) that enables you to add facemood content to your web chats.
Facemoods Toolbar for IE and for Firefox: A toolbar that is located on your internet browser and allows you to:
Add Facemoods fun content such as emoticons, texticons and other animations to social network mails such as the facebook mail service.
Search the web through Facemoods Search, Facemoods Search:
allows you to search the web through:
A search box in the toolbar.
Default Search (for IE 7 and Firefox): Using the search box next to the address bar. Upon installation, we offer you to use Facemoods search as your default search provider in IE7/8 and Firefox. You can manually choose other search providers by clicking on the drop down button next to the search box.
Search Assistance: if you place a search query in the address bar or misspell an address, this feature provides you with relevant links and search results.
Home page: Upon installation, we offer you to change your Home Page to the Facemoods Home Page which is essentially a Web search page. If you do not want to accept this change, you may uncheck the relevant box in the set-up process.
New tab – when opening a new tab in your browser facemoods will enable to search the web immediately from the opened new tab, If you do not want to accept this change, you may uncheck the relevant box in the set-up process.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE FACEMOODS SOFTWARE.
THE SOFTWARE (ASIDE FROM THE FACEMOODS TOOLBAR FOR FIREFOX) CAN BE UNINSTALLED FROM THE "ADD OR REMOVE PROGRAMS" DIALOG BOX IN THE WINDOWS CONTROL PANEL.
To uninstall Facemoods for web based messengers, go to "Add Remove Programs" in your Control panel. Look for "Facemoods " program and click the "remove" button. When you uninstall facemoods, you will remove the toolbar along with the ability to use the facemoods content
The Facemoods Software is being licensed to you by Facemoods on an "AS IS" basis, for your private personal use only. Subject to the terms of this Agreement, Facemoods and its current, and future , parent and subsidiary companies (collectively "Licensor", "we", "us" or "our") hereby grants you a limited, non-exclusive, personal, non-sub licensable, non-assignable license to download, install and use the Facemoods Software, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "Facemoods Software") onto a computer for your sole use to install, interact with and utilize the Facemoods Software, including the content and features contained therein and the services and the Network related thereto ("Services"). The Facemoods Software may only be used in connection with the Services. As used herein, the term "Network" means the universe of computers connected to the Internet that are operating the Facemoods Software.
(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Services, Facemoods Software or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the Facemoods Software, the Services or the Network; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Facemoods Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of Facemoods; (iv) export or re-export the Facemoods Software in violation of export laws; (v) use the Facemoods Software or Services for any commercial purpose or the benefit of any third party or charge any person for the use of the Facemoods Software; or (vi) use the Facemoods Software or Services to, or in any way that would violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the Network or users of the Facemoods Software or Services by monitoring, interdicting or intercepting any process of the Facemoods Software or the Network; and (viii) use any type of bot, spider virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage or disassemble the Facemoods Software, the Services or the Network. Furthermore, you may not use the Facemoods Software or Services to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Facemoods Software or Services, (D) performs any unsolicited commercial activity not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
Permission to Utilize
In order to receive the benefits provided by the Facemoods Software, you hereby grant permission for the Facemoods Software to (i) utilize the processor and bandwidth of your computer, only in order to provide you with the Services (ii) use your Instant Web based messengers’s identification that you have submitted to your instant web based messengers provider in order to login to Facemoods and receive the Facemoods Services for Instant Web based messengers.
Term; Termination, Amendment.
(a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below.
(b) You may terminate this Agreement at any time provided you cease all use of the Facemoods Software and Services AND destroy or remove from all hard drives, networks, and other storage media all copies of the Facemoods Software in your possession. Facemoods may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Facemoods Software and/or Services.
(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the Facemoods Software and the Services shall terminate and you must remove the Facemoods Software from your computer equipment and dispose of all originals and copies of the Facemoods Software in your possession.
Installation, Operation and Removal
UPON INSTALLATION Facemoods software will be added to your Instant Web based messengers allowing you to add Emoticons, other graphics and sounds to your chats. In addition, Facemoods will be added to your Internet browser in the form of a toolbar. The toolbar allows you to insert Emoticons and various graphical elements to your social network emails. It also provides you with a search box, and easy access to powerful Web search directly from your browser. Facemoods for Internet Explorer can be minimized by right clicking the toolbar and selecting it. In addition, you will receive Facemoods Search Assistance feature which provides you with relevant search results when you place a search query in the browser address bar (as described above under Search Assistance)
When a user uses one of Facemoods search feature to search the Web, the query reaches our servers. As all standard Web pages, besides the keyword query, it includes information such as IP address, default language setting, browser type, and an anonymous unique ID. Facemoods uses this information in order to appropriately process your search request and to serve you relevant and better search results.
The Facemoods toolbar sends a configuration request when you start your browser. This request includes only data such as IP address& browser type. In addition, occasionally Facemoods for web based messengers & Facemoods toolbar may send a request to our servers to check for new version releases.
All of the collected information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering better search services and content in accordance with your preferences.
Importantly, all collected information of search queries are recorded on a non-personally identifiable basis and kept strictly anonymous. All search activity information is researched and evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process), and we do not disclose any non-aggregated information to third parties, except as required by a valid legal process such as a search warrant, subpoena, statute, or court order, or to protect someone's safety.
Facemoods constantly follows activity and usage of the Facemoods Software. By analyzing the aggregated information on usage of our product, Facemoods can improve the product and offer you better service.
Facemoods reserves the right to disclose any information it deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of Facemoods, its employees or the public. Facemoods also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in Facemoods's sole discretion.
If you wish to withdraw your consent to any of Facemoods features as described herein, you should uninstall the Software from your computer. Uninstall instructions are detailed above.
Your Representations and Warranties
(a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the Facemoods Software and Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the Facemoods Software or the Network or to defeat or overcome any encryption and/or other technical protection methods implemented by Facemoods with respect to the Facemoods Software and/or data transmitted, processed or stored by Facemoods or other users of the Facemoods Software, (iv) you will not take any steps to interfere with or in any manner compromise any of Facemoods's security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested by Facemoods, and (vi) you will only use the Facemoods Software and Services on a computer on which such use is authorized by the computer's owner.
(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the Facemoods Software, Network or Services, except to remove the Facemoods Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the Facemoods Software, Network or Services. Facemoods reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
You agree to indemnify, hold harmless and defend Facemoods and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by Facemoods arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the Facemoods Software and/or Services.
Disclaimer of Warranties.
(a) THE FACEMOODS SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY FACEMOODS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE FACEMOODS SOFTWARE OR SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FACEMOODS FURTHER DOES NOT REPRESENT OR WARRANT THAT THE FACEMOODS SOFTWARE OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE FACEMOODS SOFTWARE AND SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) THE FACEMOODS SOFTWARE MAY BE UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO FACEMOODS. YOU AGREE THAT FACEMOODS WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 13 (a) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.
(d) As some jurisdictions do not allow some of the exclusions set forth in this Section 12, some of these exclusions may not apply to you.
Limitation of Liability.
(a) IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL FACEMOODS, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS OF ANY TYPE , DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE FACEMOODS SOFTWARE OR THE SERVICES, EVEN IF FACEMOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE FACEMOODS SOFTWARE AND/OR SERVICES IS TO UNINSTALL AND CEASE USE OF SUCH FACEMOODS SOFTWARE AND SERVICES.
(c) IN NO EVENT WILL FACEMOODS’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS OR DAMAGES SHALL EXCEED THE LOWER OF (I) AMOUNT FACEMOODS RECEIVED FROM YOU FOR THE LICENSE; OR (II) $100 USD, EVEN IF FACEMOODS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labeled "I ACCEPT" or such similar links as may be designated by Facemoods to download the Facemoods Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE FACEMOODS SOFTWARE OR SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.