Terms Of Membership

Please read the terms of membership carefully before registering with this website as they contain binding legal terms and obligations including limitations of facepuck.com's liability and disclaimers.

1. Acceptance of terms
The website services are provided to you by facepuck.com and its respective affiliates, related companies, unaffiliated partners, licensors and/or licensees subject to the following terms and conditions of service (the 'Terms of Membership') by registering for the for membership with this website (the "Website"), you agree to be bound by the Terms of Membership. For clarity, regardless of your failure to read these Terms of Membership, by registering formem bership with facepuck.com you are indicating your acceptance to be bound by the Terms of Membership. Please note that these Terms of Membership are in addition to, as opposed to a substitute for, the Terms of Use such that registered users of facepuck.com will be bound by both the Terms of Use and the Terms of Membership.

In consideration of your use of the Website, you represent that you are the age of majority in the province or territory in which you reside.
facepuck.com makes no representation or warranty that the Website is appropriate or available for use at any location outside Canada. If you access the Website from outside Canada, you are responsible for compliance with all applicable laws.
facepuck.com recommends that you print a copy of these Terms of Membership for future reference.
For any questions relating to these Terms of Membership, please contact facepuck.com via the online Contact Us form.

2. Responsibility for Minors
facepuck.com may contain material that is inappropriate for minors. You acknowledge and agree that you will not authorize a minor to use this website under your login.

If you are a minor, you are prohibited from accessing all areas of the website.

3. Changed Terms
facepuck.com shall have the right at any time to change or modify the Terms of Membership, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for such use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof. Any use of the Website by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions.
facepuck.com recommends that you check the Website periodically for any such changes to the Terms of Membership.

4. Registration
For the purposes of registration with facepuck.com, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form; and (b) maintain and promptly update the information you provide to keep it true, accurate, current and complete. If facepuck.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, facepuck.com has the right to suspend or terminate your access to and use of the Website and refuse any and all current or future use of the Website (or any portion thereof). facepuck.com use of any personally identifying information you provide as part of the registration process is governed by the terms of facepuck.com's Privacy Policy.

5. Passwords
To use certain features of the Website, you may also need a username and password, which you will choose. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all activities that occur under your password or account. You agree to notify facepuck.com immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. facepuck.com cannot and will not be liable for any loss or damage arising from facepuck.com failure or your failure to protect your password or account information.

6. Privacy Policy
Registration data and certain other personal information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy

7. No Advice
The information contained on the Website is for informational and entertainment purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.

8. Linking
facepuck.com Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by facepuck.com of the contents of such third party websites. facepuck.com is not responsible for the content of any third party website, nor does it make any representation or warranty of any kind regarding any third party website including, without limitation: (a) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third party website; (b) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third party websites; or (c) any representation or warranty that the operation of the third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected or that such third party websites will be free from viruses or other harmful components.

While facepuck.com encourages links to the Website, you shall not link the Website to or from any third party website which: (a) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of facepuck.ca (or its affiliated companies) or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (b) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. facepuck.com reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of facepuck.com.

9. Malicious Use
You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein. facepuck.com will use information security practices and is not liable in the case of breach of implemented physical, technical and managerial security controls.

10. User Submissions
User Submissions - General:
You acknowledge and agree that when using the Website, you will be exposed to user-submitted content ("User Submissions") from a variety of sources, and that facepuck.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against facepuck.com with respect thereto, and agree to indemnify and hold facepuck.com, its affiliated companies, successors, assigns, agents, officers, directors, employees, representatives, partners, licensors and/or licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

A User Submission is the sole responsibility of the person from which such User Submission originated. In connection with the foregoing, you acknowledge and agree that you are entirely responsible for all User Submissions that you submit to facepuck.com and you represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize facepuck.ca to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by facepuck.ca and these Terms of Membership; and (b) you have the written consent of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Membership.

WITHOUR LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY USER SUBMISSION OR RELATED MATERIAL TO facepuck.COM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING CONTENT OR ANY RELATED MATERIAL TO FACEPUCK.COM, YOU ARE REPRESENTING AND WARRANTING TO FACEPUCK.CA THAT THE SUBMITTED CONTENT (AND ALL PARTS OF IT) OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE SUBMITTED CONTENT OR ANY RELATED MATERIAL AND THAT FACEPUCK.CA IS FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT THE SUBMITTED CONTENT (INCLUDING ANY IDEA AND/OR SUGGESTION) AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY FACEPUCK.COM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

Facepuck.com does not condone the submission of inappropriate content including, without limitation, content that is defamatory, discriminatory or illegal. facepuck.com shall make commercially reasonable efforts to monitor User Submissions at all times to determine compliance with these Terms of Membership and any operating rules established by facepuck.com and to satisfy any law, regulation or authorized government request.
With respect to your User Submission, you agree to not use the Website to submit any content that:
A: is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any hind against any group or individual
B: could be harmful to minors;
C: harasses or advocated harassment of another person;
D: promotes information that is false, misleading, is illegal or promoted illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
E:  infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting 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;
F: contains or displays any trademark and associated logo(s) owned by or licensed to a third party, unless you have the express written consent from such third party to use and to authorize facepuck.com to use such trademark and/or logo (s);
G: contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
H: provides material that exploits people in a sexual or violent manner;
I: solicits personal information from anyone under eighteen (18) years of age;
J: facilitates the impersonation of another person in furtherance of identity theft and/or fraud
K: provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
L: solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
M: you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
N: engages in commercial activities and/or sales without facepuck.com's prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
O: contains or will contain any disabling mechanism or protection feature designed to prevent its use including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Website and any world wide web pages or any operating system software or hardware on which the Website is operated or displayed.

The following is a partial list of the kind of activity that is illegal or prohibited on the facepuck.com Website. All users of the Website are encouraged to report inappropriate content to the facepuck.com Content Moderation Team as follows: (a) via the Contact Us link; or (b) via the "Inappropriate Content" link located in the Website console. In connection with the foregoing, facepuck.com reserves the right to investigate and take appropriate legal action against anyone who, in facepuck.com sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. All reports of inappropriate content will be investigated in a timely matter. Notwithstanding the foregoing, these prohibitions are inserted for the benefit of facepuck.com and, subject to applicable laws and regulations, may be waived at facepuck.com sole discretion.
In connection with the foregoing, facepuck.com reserves the right, in its sole and absolute discretion, to remove content and/or User Submissions without prior notice. You acknowledge and agree that facepuck.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Membership; (c) respond to claims that any content or User Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of facepuck.com, its users and the general public.

User Submissions - Ownership
You retain all of your ownership rights in your User Submission. By uploading your User Submission to the Website, you grant facepuck.com a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (a) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such User Submission for any purpose via all forms of media now known or hereafter devised; and (b) to transfer or sublicense to third parties the unrestricted right to exercise any of the foregoing Your rights.

In addition to the grant of the above license, you hereby: (a) agree to waive all moral rights in your User Submission in favour of facepuck.com; (b) consent to your name, address and e-mail appearing as the contributor of your User Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Submission; (c) acknowledge and agree that facepuck.com is not responsible for any loss, damage, or corruption that may occur to your User Submission; and (d) acknowledge and agree that any User Submission you provide for display on the Website will be considered non-confidential.

You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Membership.

11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

facepuck.com respects the intellectual property rights of others and asks that everyone using the Website does the same. facepuck.com will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent via email "info@facepuck.com"  Contact Us form.
To be effective, the notification of infringement must be a written communication that includes the following:

a physical or electronic signature of a 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 the service provider to locate the material
information reasonably sufficient to permit the service provider 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.

12. Termination
You agree that facepuck.com, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Website, and remove and discard any User Submissions within the Website at its convenience and for any reason whatsoever including, without limitation, if facepuck.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Membership. facepuck.com may also in its sole discretion and at any time discontinue the Website, or any part thereof, with or without notice. You agree that any suspension and/or termination of your access to the Website may be effected without prior notice, and acknowledge and agree that facepuck.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website generally. You further agree that facepuck.com shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of facepuck.com in operating the Website, your sole and exclusive remedy is to discontinue using the Website.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT
A) YOUR USE OF WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS ON THIS WEBSITE AND ANY HYPERLINKED THIRD PARTY WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FACEPUCK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FACEPUCK.COM MAKES NO WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IN CONNECTION WITH THE FOREGOING, ANY OPINION, VIEW OR IDEA CONTAINED IN ANY BROADCAST, CHANNEL, ARTICLE, STORY OR COLUMN PUBLISHED ON THE WEBSITE IS THAT OF THE SUBMITTING USER AND DOES NOT REFLECT OR REPRESENT THE VIEWS OF FACEPUCK.COM OR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, PARTNERS, LICENSORS OR LICENSEES;

C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;

D) FACEPUCK.COM DOES NOT REPRESENT WARRANT OR ENDORSE THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION, CONTENT, VIEWS, OPINIONS, RECOMMENDATIONS OR ADVERTISEMENTS DISTRIBUTED THROUGH OR ACCESSED FROM ANY OF THE SERVICES CONTAINED ON THIS WEBSITE. FACEPUCK.COM DOES NOT REPRESENT, WARRANT OR ENDORSE ANY PRODUCT, INFORMATION OR MATERIAL THAT IS DISPLAYED, PURCHASED OR OBTAINED BY YOU AS A RESULT OF AN ADVERTISEMENT OR ANY OTHER INFORMATION OR OFFER DISPLAYED ON THE WEBSITE OR ANY HYPERLINKED THIRD PARTY WEBSITES; AND

E) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FACEPUCK.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FACEPUCK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE OR THE SERVICES THEREOF; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES THEREOF. YOU EXPRESSLY ACKNOWLEDGE THAT FACEPUCK.COM HAS ENTERED INTO THESE TERMS OF MEMBERSHIP, AND HAS AND WILL MAKE THE WEBSITE, SERVICES AND CONTENT AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS OF MEMBERSHIP, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FACEPUCK.COM. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS OF MEMBERSHIP WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR TERMINATION OF THIS AGREEMENT.

15. INDEMNITY
You agree to defend, indemnify and hold harmless facepuck.com, its affiliated companies, successors, assigns, agents, officers, directors, employees, representatives, partners, licensors and/or licensees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including, without limitation, legal fees and disbursements resulting directly or indirectly from: (a) your breach of these Terms of Membership; (b) your access, use or inability to access or use the Website or any website to which the Website is or may be linked to from time to time; (c) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Website; (d) your violation of any third party right, including without limitation, any copyright, property, or privacy right; (e) any claim that one of your User Submissions caused damage to a third party; or (f) your violation of any law or regulation.

16. GOVERNING LAW
These Terms of Membership shall be interpreted, construed and governed by the laws in force in the Province of Ontario, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles.

17. GENERAL
You acknowledge and agree that:
these Terms of Membership, together with the facepuck.com Privacy Policy and any other legal notices published by facepuck.com on the Website, shall constitute the entire agreement between you and facepuck.com concerning the Website;

B) these Terms of Membership, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by facepuck.com without restriction; if any provision of these Terms of Membership is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Membership, which shall remain in full force and effect; no waiver of any term of this these Terms of Membership shall be deemed a further or continuing waiver of such term or any other term, and facepuck.com's failure to assert any right or provision under these Terms of Membership shall not constitute a waiver of such right or provision; facepuck.com reserves the right to amend these Terms of Membership at any time, and it is your responsibility to review these Terms of Membership for any changes; your use of the Website following any amendment of these Terms of Membership will signify your assent to and acceptance of its revised terms; and you and facepuck.com agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.