InFace Terms & Conditions
InFace’s website and apps (hereinafter referred to as the “Website”) is an
intelligent tool that provides users with: (1) high quality video tutorials, (2)
educational materials about health and wellness, and (3) a community of people
interested in health and wellness. The Website is owned by InFace.
These Terms & Conditions of Use (this “Agreement”) apply to: (1) all of the
products, services and websites offered by InFace, including, but not limited to,
the Website; (2) mobile, tablet, internet television, or other digital or electronic
versions of the InFace video streaming platform; (3) any InFace software; and (4)
any applications created by InFace whether available through a social networking
site or its subsidiaries or affiliated companies (collectively, the “Service”). Please
note that the availability of any InFace applications on a social networking site,
mobile or tablet device, internet television or other technology platform does not
indicate any relationship or affiliation between InFace and such social networking
site, mobile or tablet device, or internet television or other technology platform.
This Service is not directed to persons under eighteen (18) years of age.
PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE SERVICE.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS
ACTION WAIVER.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Service. By
using the Service, you agree to be bound by this Agreement, whether you are
a “Visitor” (which means that you simply browse the Service) or you are
a “Member” (which means that you have registered on the Website as a user). If
you do not accept the terms of this Agreement, you should leave the Website and
discontinue use of the Service immediately. We will post a notification on the
Service in the event of any material changes to this Agreement. Such changes,
whether in the form of modifications, additions, or deletions, shall be effective
when specified in the relevant notification or, if the change is immaterial,
immediately upon appearing on the Service. Your continued use of the Service
following our posting of any changes to this Agreement means that you accept
those changes.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and/or
otherwise make use of the Service, you must read this Agreement and indicate
your acceptance during the Member registration process. In consideration of your
use of the Service, you represent that you are of legal age to form a binding
contract and are not a person barred from receiving services under the laws of the
United States or other applicable jurisdiction. You also agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
registration form available on the Website (the “Registration Data”) and (b)
maintain and promptly update your Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, InFace reserves the
right to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof) at any time. InFace’s Materials (as
defined in Section 13 of this Agreement) and InFace’s Content (as defined in
Section 7 of this Agreement) on the Service (collectively,“InFace Content”) is
provided to you “AS IS” for your information and personal use only and may not be
downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever without
the prior written consent of InFace. Other than rights expressly granted to you,
InFace reserves all rights in and to the Service and the InFace Content.
You may access Website and Content as available:
• for your information and personal use;
• as intended through the normal functionality of the InFace Service; and
• for Streaming (“Streaming” or “Stream” means a contemporaneous digital
transmission of an audiovisual work via the Internet from the InFace Service to a
user’s device in such a manner that the data is intended for real-time viewing and
not intended to be copied, stored, permanently downloaded, or redistributed by
the user). Accessing videos via the Service for any purpose or in any manner other
than Streaming is expressly prohibited. When you Stream InFace Content, the
resolution and quality of InFace Content you receive will depend on a number of
factors, including the type of device you are using and your bandwidth, which may
fluctuate during the course of your viewing. While we strive to provide a quality
viewing experience, we make no guarantee as to the resolution or quality of the
Streaming InFace Content you will receive.
In order to be able to Stream or download InFace Content from the Service and to
view InFace Content on the Service, you will need to use a personal computer,
portable media player, or other device that meets the system and compatibility
requirements that we establish from time to time and is otherwise capable of
interacting with the Service (each such device, a “Compatible Device”). We may
change the requirements for Compatible Devices from time to time and, in some
cases, whether a device is (or remains) a Compatible Device may depend on
software or systems provided or maintained by the device manufacturer or other
third parties. As a result, devices that are Compatible Devices at one time may
cease to be Compatible Devices in the future.
3. Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such
as face rollers, face cups or any other equipment that may be suggested by a
InFace instructor, is a strenuous physical activity. Accordingly, you are urged and
advised to seek the advice of a physician before beginning any physical exercise
regimen, routine, program or using any suggested equipment, shown in any of the
video clips on the Service. InFace is not a medical organization and its instructors
or staff cannot give you medical advice or diagnosis. All suggestions and
comments relating to the use of equipment, motions, moves and instruction are
not required to be performed by you and are carried out at your election while
viewing InFace videos. Nothing contained in the Service should be construed as
any form of such medical advice or diagnosis.
By using the Service, you represent that you understand that physical exercise
involves strenuous physical movement, and that such activity carries the risk of
injury whether physical or mental. You understand that it is your responsibility to
judge your physical and mental capabilities for such activities. It is your
responsibility to ensure that by participating in classes, courses, programs, and
activities from InFace, you will not exceed your limits while performing such
activity, and you will select the appropriate level of activity for your skills and
abilities, as well as for any mental or physical conditions and/or limitations you
have. You understand that, from time to time instructors may suggest physical
adjustments or the use of equipment and it is your sole responsibility to determine
if any such suggested adjustment or equipment is appropriate for your level of
ability and physical and mental condition. You expressly waive and release any
claim that you may have at any time for injury of any kind against InFace, or any
person or entity involved with InFace, including without limitation its directors,
principals, instructors, independent contractors, employees, agents, contractors,
affiliates and representatives.
4. Certification and Disclaimer of Affiliation with
Accreditation Body
InFace Content offered by InFace are for information purposes only and do not
make you eligible for certification by any governing or accreditation body to teach
face massage or exercises. InFace is not a member of any massage-related
governing or accreditation body and therefore cannot guarantee that the
curriculum meets the standards developed by such organizations. You agree not
to hold yourself out as a certified face massage or face exercises instructor based
on completing the courses, content or programs available on the Service or use
InFace’s name as a certification or accreditation body for purposes of teaching
face massage or exercises. Further, you expressly waive and release InFace and
its directors, principals, instructors, independent contractors, employees, agents,
contractors, affiliates and representatives of any claim arising from or in
connection with teaching face massage or exercises or a violation of the terms as
provided herein.
5. Minors
InFace’s content is not directed to persons under eighteen (18) years of age, and
by providing information about yourself to InFace you are representing that you
are eighteen (18) years of age or older. You must be at least eighteen (18) years of
age to become a Member and purchase Services. By agreeing to this Agreement
during the sign up process, you represent and certify that you are legally able to
enter into any and all purchase agreements with InFace and its partners, vendors,
agents and service providers.
6. Member Account, Password and Security
If you register on the Service, you may be required to choose a password and user
name, and you may be asked for additional information regarding your account,
such as your e-mail address. You are responsible for maintaining the confidentiality
of your password and account information, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify InFace of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you log out from your account
at the end of each session. Each registration is for a single user only, unless
otherwise expressly provided on the registration page. You may never use another
Member’s account without prior authorization from InFace. InFace will not be
liable for any loss or damage arising from your failure to comply with this
Agreement.
7. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data,
text, software, music, sound, photographs, graphics, video, messages, tags, or
other materials (individually and collectively, “Content”) that:
• interferes with or disrupts the Service;
• is contrary to the interests of InFace;
• may damage, lessen, or harm the goodwill or reputation of InFace or its services;
• is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Service;
• is patently offensive and/or promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, violence, pornography, sexually explicit material or offensive
subject matter;
• provides any telephone numbers, street addresses, last names or email addresses
of anyone other than your own;
• promotes information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• violates any intellectual property or other proprietary right of any third party,
including Content that promotes an illegal or unauthorized copy of another
person’s copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass
mailing, instant messaging, “spimming,” or “spamming”;
• contains restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or buying
illegal weapons, violating someone’s privacy, or providing or creating computer
viruses;
• solicits passwords or personal identifying information from other Members;
• involves commercial activities and/or sales without InFace’s prior written consent,
such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
• includes a photograph of another person that you have posted without that
person’s consent or otherwise constitutes an invasion of an individual’s privacy or
infringement of publicity rights;
• denigrates, ridicules, or demeans another person; or
• contains a virus or other harmful component.
Moreover, you may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or
other automatic device, program, script, algorithm, or methodology, or any similar
or equivalent manual process, to access, acquire, copy, or monitor any portion of
the Service or in any way reproduce or circumvent the navigational structure or
presentation of the Service to obtain or attempt to obtain any materials,
documents, or information through any means not purposely made available
through the Service, (b) attempt to gain unauthorized access to any portion or
feature of the Service or any other systems or networks connected to the Service
or to any InFace server or to any of the services offered on or through the Service,
by hacking, password “mining,” or any other illegitimate or prohibited means, (c)
probe, scan, or test the vulnerability of the Service or any network connected to
the Service, nor breach the security or authentication measures on the Service or
any network connected to the Service, (d) reverse look-up, trace, or seek to trace
any information on any other user of or visitor to the Service, (e) take any action
that imposes an unreasonable or disproportionately large load on the
infrastructure of the Service or InFace's systems or networks or any systems or
networks connected to the Service, (f) use any device, software, or routine to
interfere with the proper working of the Service or any transaction conducted on
the Service, or with any other person's use of the Service, (g) forge headers,
impersonate a person, or otherwise manipulate identifiers in order to disguise your
identity or the origin of any message or transmittal you send to InFace on or
through the Service, or (h) use the Service in an unlawful manner.
8. Responsibility for Content
You, and not InFace, are entirely responsible for all Content that you post, email,
transmit or otherwise make available via the Service. InFace does not control the
Content posted by third parties via the Service and, as such, we do not guarantee
the accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that you deem offensive, indecent or
objectionable. Under no circumstances will InFace be liable in any way for any
Content, including, but not limited to, any errors or omissions in any Content, or
any loss or damage of any kind incurred at any time as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the Service.
9. Rejection/Removal of Content
You acknowledge that InFace may or may not pre-screen Content posted on the
Service, that InFace is not responsible for behavior or comments of teachers
and/or students and/or music on the Service, but that InFace shall have the right
(but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove
any Content or portion thereof that is available via the Service, for any reason.
Without limiting the foregoing, InFace shall have the right to remove from the
Service any Content that violates this Agreement or is otherwise objectionable in
the sole discretion of InFace.
If you become aware of misuse of the Service by any person, please contact
InFace.
10. Termination or Suspension of Account
If InFace determines in its sole discretion that you are violating any of the terms of
this Agreement, InFace may: (1) notify you, and (2) use technical measures to
block or restrict your access or use of the Service. In either case, you agree to
immediately stop accessing or using in any way (or attempting to access or use)
the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or
otherwise restore or attempt to restore such access or use. If InFace terminates
your account or suspends or discontinues your access to the Service due to your
violations of this Agreement, then you will not be eligible for any credit, refund or
discount or other consideration.
11. Preservation/Disclosure
You acknowledge, consent and agree that InFace may access, preserve and
disclose your account information or Content posted by you if required to do so by
law or in a good faith belief that such access, preservation or disclosure is
reasonably necessary to: (a) comply with legal process nationally or internationally;
(b) enforce this Agreement; (c) respond to claims that any Content violates the
rights of third parties; (d) respond to your requests for customer service; (e)
protect the rights, property or personal safety of InFace, its Members and the
public; or (f) pursuant to the terms of the Privacy Policy.
12. Security Components
You understand that the Service and software embodied therein may include
security components that permit digital materials to be protected, and that use of
these materials is subject to usage rules set by InFace and/or content providers
who provide content to InFace. You may not attempt to override, disable,
circumvent or otherwise interfere with any such security components and usage
rules embedded into the Service.
13. Proprietary Rights
Materials on the Service, including, without limitation, names, logos, trademarks,
images, text, columns, graphics, videos, photographs, illustrations, artwork,
software and other elements (collectively, “Material”) are protected by copyrights,
trademarks and/or other intellectual property rights owned and controlled by
InFace or by third parties that have licensed or otherwise provided their material
to InFace. You acknowledge and agree that all Materials on the Service are made
available to you for limited, non-commercial, personal use only. Except as
specifically provided herein or elsewhere on this Service, no Material may be
copied, reproduced, republished, sold, downloaded, posted, transmitted, or
distributed in any way, or otherwise used for any purpose, by any person or entity,
without InFace’s prior express written permission. You may not add, delete,
distort, or otherwise modify the Material. Any unauthorized attempt to modify any
Material, to defeat or circumvent any security features, or to utilize the Service or
any part of the Material for any purpose other than its intended purposes is strictly
prohibited.
14. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except
as specifically approved by InFace. Unauthorized framing of or linking to any of
the Service is prohibited. Commercial advertisements, affiliate links, and other
forms of solicitation may be removed from Member profiles and Content without
notice and may result in termination of membership privileges.
15. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available
(individually and collectively, “Posting”) any Content on or through the Service,
you hereby grant to InFace a non-exclusive, fully-paid, royalty-free, perpetual,
irrevocable, worldwide license (with the right to sublicense through unlimited
levels of sublicensees) to use, copy, modify, adapt, translate, create derivative
works, publish, publicly perform, publicly display, store, reproduce, transmit,
distribute, and otherwise make available such Content on and through the Service,
in print, or in any other format or media now known or hereafter invented, without
prior notification, compensation, or attribution to you, and without your consent. If
you wish to remove any Content from the Service, your ability to do so may
depend on the type of Content, the location and manner of Posting, and other
factors. You may contact us to request the removal of certain Content you have
Posted, but InFace has no obligation to remove any such Content, may choose
whether or not to do so in its sole discretion, and makes no guarantee as to the
complete deletion of any such Content and copies thereof. Notwithstanding the
foregoing, a back-up or residual copy of any Content Posted by you may remain on
InFace’s servers after the Content appears to have been removed from the
Service, and InFace retains the rights to all such remaining copies. You represent
and warrant that: (a) you own all right, title and interest in all Content posted by
you on or through the Service, or otherwise have the right to grant the license set
forth in this section, and (b) the Posting of your Content on or through the Service
does not violate the privacy rights, publicity rights, copyrights, publishing,
trademarks, patents, trade secrets, contract rights, confidentiality, or any other
rights of any third party.
16. InFace and Third Parties
Our Service contains InFace Content, and Content of third party licensors to
InFace (including Content provided by users of the Service, as described above),
which is protected by copyright, trademark, patent, trade secret and other laws.
InFace owns and retains all rights, title and interest in the InFace Content.
InFace hereby grants to you a limited, revocable, non-sublicensable license to
Stream and/or view the InFace Content and any third party Content located on or
available through the Service (excluding any software code therein as set forth
above) solely for your personal, non-commercial use in connection with viewing
and using the Service. Except for Content posted by you, you may not copy,
modify, translate, publish, broadcast, transmit, distribute, perform, display, make
available, or sell any Content appearing on or through the Service. Any dealings
with third parties included within or on the Service involving the delivery of and
payment for goods and services, or any other terms, conditions, warranties, or
representations associated with such third parties, are solely between you and that
third party. InFace is neither responsible nor liable for any part of such dealings or
promotions. Any reference to any third party or the products or services of any
third party on the Service does not constitute an endorsement or recommendation
of such third party or the product or services of such third party by InFace or any
of its employees, officers, independent contractors, agents or other
representatives. Any reference to any third party on the Service is provided to you
for informational purposes only. InFace encourages you to conduct your own
research and due diligence regarding such third parties and their products and
services. While InFace works to ensure the information on the Service is current
and accurate, InFace does not warrant the accuracy of any information contained
thereon (including information provided by instructors) or its fitness for any
particular purpose.
DMCA Takedown Notice Requests
If you believe that your work has been copied and is accessible on the Service in a
way that constitutes copyright infringement, you may notify us by providing the
following information (as required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512
(“DMCA”)):
• A physical or electronic signature of the person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party,
such as an address, telephone number, and if available, an electronic mail address
at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Please send the DMCA communication to the following name and address:
Customer Support at [email protected].
17. Other Sites
The Service may contain links to other sites owned by third parties (i.e. advertisers,
affiliate partners, strategic partners, or others). We are not responsible for
examining or evaluating, and we do not warrant the products or offerings of, any
of these businesses or individuals, or the accuracy of the content of their website.
InFace does not assume any responsibility or liability for the actions, product, and
content of any such website. Before you use any third party website, you should
review the applicable terms of use and policies for such website. The inclusion of a
link in or on the Service does not imply InFace’s endorsement of such third party
website. If you decide to access any such linked website, you do so at your own
risk.
18. International Use
Due to the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. 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.
19. Privacy Policy
InFace respects your privacy and permits you to control certain aspects of the
treatment of your personal information as set forth in InFace’s Privacy Policy. A
complete statement of the current privacy policy can be found in InFace’s Privacy
Policy. The Privacy Policy is expressly incorporated into this Agreement by this
reference.
20. Infringement Policy
InFace reserves the right in its sole discretion to immediately suspend and/or
terminate access to the Service by any user who is alleged to have infringed on the
intellectual property rights of InFace or of a third party, or otherwise violated any
intellectual property laws or regulations. InFace’s policy is to investigate any
allegations of copyright infringement brought to its attention. If you have
evidence, know, or have a good faith belief that your rights or the rights of a third
party have been violated and you want InFace to delete, edit, or disable the
material in question, you must provide InFace with all of the following
information: (a) a physical or electronic signature of a person authorized to act on
behalf of the owner of the exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a representative
list of such works; (c) identification of the material that is claimed to be infringed or
to be the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit InFace to locate
the material; (d) information reasonably sufficient to permit InFace to contact you,
such as an address, telephone number, and if available, an electronic mail address
at which you may be contacted; (e) a statement that you have a good faith belief
that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (f) 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 an exclusive right that is allegedly infringed. For
this notification to be effective, you must provide it to InFace by e-mail with a
return receipt acknowledgement.
21. Member Disputes
You are solely responsible for your interactions with other Members. InFace
reserves the right, but has no obligation, to monitor or mediate disputes between
you and other Members.
22. Modification/Suspension/Discontinuation of
Content
We regularly make changes to the Service. The availability of the Content, as well
as platforms and compatible devices through which devices are available, will
change from time to time. InFace reserves the right to replace or remove any
Content and the platforms available to you through the Service, including specific
titles of Content, and to otherwise make changes in how we operate the Service.
Additionally, you agree that for various reasons, certain Content may be available
through one platform may not be available on another. We hope not to, but we
may change, suspend or discontinue – temporarily or permanently – some or all of
the Service (including the Content and compatible devices through with the
Service is accessed, with respect to any or all users, at any time without notice. In
our continued assessment of the Service, we may from time to time, with respect
to any or all of our users, experiment with or otherwise offer certain features or
other elements of the Service, including promotional features, user interfaces,
plans, pricing, and advertisements. You acknowledge that InFace may do so in
InFace’s sole discretion at any time without notice.
23. Subscription Policy
InFace offers membership subscription-based access to its courses (“Courses”),
over the Internet to any Internet-connected phones, computers and other devices.
InFace reserves the right to cancel, interrupt, or reschedule any InFace Content,
Class, or Online Course. Subject to your payment of any applicable fees (including
applicable taxes) and your compliance with all of the other terms InFace specifies
for the Service, InFace grants you a non-exclusive, non-transferable, limited right
and license, so long as the Classes and/or Online Courses are available on the
Service, to access, view, use, and display Classes and/or Online Courses for noncommercial,
private use.
A. Subscription. Your InFace subscription will continue month-to-month until
terminated. To use the InFace service you must have Internet access and provide
a current, valid, accepted method of payment, which you may update from time to
time ("Payment Method"). Unless you cancel your membership before your
monthly billing date, you authorize us to charge your next month's membership
fee to your Payment Method (see "Cancellation" below). You can find specific
details regarding your InFace subscription by clicking the “Subscriptions” on the
"Your Account" page in the App Store App.
B. Free Trials.
• Your InFace subscription may start with a free trial. The free trial period of your
membership lasts for 3 days, or as otherwise specified during sign-up and is
intended to allow new members and certain former members to try the service.
• Free trial eligibility is determined by InFace at its sole discretion and we may
limit eligibility to prevent free trial abuse. We reserve the right to revoke the
free trial and put your account on hold in the event that we determine that you
are not eligible because you have used a free trial opportunity before.
• We will charge your Payment Method for your monthly membership fee at the
end of the free trial period unless you cancel your membership prior to the end
of the free trial period. To view the monthly membership price and end date of
your free trial period, check “Profile” tab icon available in the App or go to the
App Stor and click the “Subscriptions” on the "Your Account" page in the App
Store App.
C. Billing.
• BILLING CYCLE. The membership fee for the InFace subscription and any other
charges you may incur in connection with your use of the service, such as taxes
and possible transaction fees, will be charged on a monthly basis to your
Payment Method on the calendar day corresponding to the commencement of
the paying portion of your membership. In some cases, your payment date may
change, for example if your Payment Method has not successfully settled or if
your paid membership began on a day not contained in a given month. Check
“Profile” tab icon available in the App or go to the App Store and click the
“Subscriptions” on the "Your Account" page in the App Store App. to see your
next payment date.
• PAYMENT METHODS. Before you can buy anything from the App you need an
Apple ID. When you create an Apple ID to make purchases, you need to provide
a
• payment method. If you have an unpaid balance or your payment method was
declined, you might not be able to make a purchase until you have an
acceptable form of payment set up.
• CANCELLATION. You can cancel your InFace subscription at any time, and you
will continue to have access to the App service through the end of your
monthly billing period. To the extent permitted by the applicable law, payments
are non-refundable and we do not provide refunds or credits for any partialmonth
membership periods. To cancel, go to the “Profile” page and follow the
instructions for cancellation. You can also cancel the subscription in the App
Store by clicking the “Subscriptions” on the "Your Account" page in the App
Store App. If you cancel your membership, your account will automatically
close at the end of your current billing period.
• CHANGES TO THE PRICE AND SUBSCRIPTION PLANS. We may change our
subscription plans and the price of our service from time to time; however, any
price changes or changes to our subscription plans will apply to you no earlier
than 30 days following notice to you.
24. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on
the Website.
InFace reserves the right to terminate your account or your access to the Service
immediately, with or without notice to you, and without liability to you, if InFace
believes that you have breached any of the terms of this Agreement, furnished
InFace with false or misleading information, or interfered with use of the Service
by others.
When you close or de-activate your account or if your account is otherwise
terminated, we have the right, but not the obligation, to store your personal
information, settings, saved and completed classes, and teachers you have
followed. Unless we have exercised our right to terminate your account, you can
re-activate your account at any time by contacting us.
25. Disclaimer of Warranties
You agree that your use of the Service shall be at your sole risk. The Service and
the Material are provided “AS IS” and without warranties of any kind, either express
or implied. To the fullest extent permitted by law, InFace, its officers, directors,
employees, and agents disclaim all warranties, express or implied, in connection
with the Service, and your use thereof. InFace makes no warranties or
representations about the accuracy or completeness of InFace Content or the
content of any sites linked to the Service and assumes no liability or responsibility
or any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or
property damage, of any nature whatsoever, resulting from your access to and use
of the Service, (III) any unauthorized access to or use of InFace secure servers
and/or any and all personal information and/or financial information stored therein,
(IV) any interruption or cessation of transmission to or from the Service, (V) any
bugs, viruses, Trojan horses, or the like which may be transmitted to or through the
Service by any third party, and/or (VI) any errors or omissions in any content or for
any loss or damage of any kind incurred as a result of the use of any content
posted, emailed, transmitted, or otherwise made available via the Service.
InFace does not warrant, endorse, guarantee, or assume responsibility for any
product or service advertised or offered by a third party through the Service or any
hyperlinked website or featured in any banner or other advertising, and InFace
will not be a party to or in any way be responsible for monitoring any transaction
between you and third-party providers of products or services. As with the
purchase of a product or service through any medium or in any environment, you
should use your best judgment and exercise caution where appropriate.
26. Limitation on Liability
In no event shall InFace, its officers, directors, employees, or agents, be liable to
you for any direct, indirect, incidental, special, punitive, or consequential damages
whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II)
personal injury or property damage, of any nature whatsoever, resulting from your
access to and use of the Service, (III) any unauthorized access to or use of InFace
secure servers and/or any and all personal information and/or financial information
stored therein, (IV) any interruption or cessation of transmission to or from the
Service, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted
to or through the Service by any third party, and/or (VI) any errors or omissions in
any content or for any loss or damage of any kind incurred as a result of your use
of any content posted, emailed, transmitted, or otherwise made available via the
Service, whether based on warranty, contract, tort, or any other legal theory, and
whether or not the InFace is advised of the possibility of such damages. The
foregoing limitation of liability shall apply to the fullest extent permitted by law in
the applicable jurisdiction.
You specifically acknowledge that InFace shall not be liable for Content posted by
users or the defamatory, offensive, or illegal conduct of any third party and that
the risk of harm or damage from the foregoing rests entirely with you.
Any reference to a person, entity, product, or service on the Service does not
constitute an endorsement or recommendation by InFace or any of its employees.
InFace is not responsible for any third party Content on the Service or third party
web page accessed from the Service, nor does InFace warrant the accuracy of
any information contained in a third party website or its fitness for any particular
purpose.
No communication of any kind between you and InFace or a representative of
InFace shall constitute a waiver of any limitations of liability hereunder or create
any additional warranty not expressly stated in the terms of use.
InFace reserves the right to remove any material posted on the Service that it
determines in its sole discretion is violative of any law or right of any person,
infringes the rights of any person, or is otherwise inappropriate for posting on the
Service.
27. Exclusions and Limitations
Those who access or use the Service from other jurisdictions do so at their own
volition and are responsible for compliance with local law. Some jurisdictions do
not allow the exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, in certain
jurisdictions, some of the above limitations of liability may not apply to you; all
other provisions of this Agreement remain in full force and effect.
28. Indemnity
You agree to defend, indemnify and hold harmless InFace, its subsidiaries,
affiliates, subcontractors, officers, directors, employees, consultants,
representatives and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not
limited to attorneys’ fees and costs) arising from: (i) your use of and access to the
Service; (ii) your violation of any term of this Agreement; (iii) your violation of any
third party right, including without limitation any copyright, property, or privacy
right; or (iv) any claim that one of your submissions of Content caused damage to
a third party. This defence and indemnification obligation will survive this
Agreement and your use of the Service.
29. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions
in order to participate in certain promotions or activities available through the
Service, to obtain certain premium Content through the Service, or for other
reasons. These additional terms are part of this Agreement, and you agree to
comply with them when you participate in those promotions, or otherwise engage
in activities governed by such additional terms.
30. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue,
temporarily or permanently the Service (or any portion thereof) with or without
notice. You agree that we will not be liable to you or to any third party for any such
modification, editing, deletion, suspension or discontinuance of the Service.
31. Assignment
This Agreement and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by InFace without
restriction.
32. Integration Clause
This Agreement together with the Privacy Policy and any other legal notices
published by InFace on the Service, shall constitute the entire agreement
between you and InFace concerning the Service and governs your use of the
Service, superseding any prior agreements between you and InFace with respect
to the Service.
33. Waiver and Severability of Terms
The failure of InFace to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision. If any provision
of this Agreement 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 this
Agreement remain in full force and effect.
34. Statute of Limitations
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 this Agreement must be
filed within one (1) year after such claim or cause of action arose or be forever
barred.
35. Governing Law and Venue
This Agreement shall be governed by the laws of the Russian Federation, without
respect to its conflict of laws principles. Any claim or dispute between you and
InFace that arises in whole or in part from the Service shall be decided exclusively
by a court of competent jurisdiction located in Moscow, Russia.
36. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and
competent to enter into this Agreement, conditions, obligations, affirmations,
representations, and warranties set forth in this Agreement, and to abide by and
comply with this Agreement.
37. General
InFace reserves the right to amend this Agreement at any time and without
notice, and it is your responsibility to review this Agreement for any changes. Your
use of the Service following any amendment of this Agreement will signify your
assent to and acceptance of its revised terms.
38. Questions
If you have any questions or comments regarding this Agreement or the Service,
feel free to contact us by e-mail.