MyFaceShare TERMS AND CONDITIONS

(Last Updated Feb. 17, 2024)

PLEASE READ CAREFULLY

Welcome to the MyFaceShare.com video conferencing platform.

This document sets out the terms for using the MyFaceShare and governs both our products or services ("services"), and our users ("you"). When we refer to "You" within the document, we mean Users, When we refer to “we” “us” we mean MyFaceShare. MyFaceShare is committed to transparency, including providing a Terms of Use that is understandable and written in plain English. Please take your time to read this document, for it represents our Agreement with you and about how you use our Platform.

Our Terms of Use ("Agreement") also includes our Privacy Policy, any other documents referred to by those agreements, form a whole, which governs any access to the MyFaceShare, whether you are a visitor, user.

COPPA: The Services are directed to teenagers and adults and are not directed to user under the age of 13. You must be 13 years of age or older to use the Services outside of the European Union and European Economic Area. MyFaceShare.com complies with the Children’s Online Privacy Protection Act and does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 13.

1. Introduction

The www.MyFaceShare.com platform and services are owned and operated by MyFaceShare with business address 18 Sunrise Ridge Marshall, NC 28753.

These Terms of Use (“Terms“) apply to your access to, and use of, the services at MyFaceShare.com (hereinafter referred to as “MyFaceShare“), including www.MyFaceShare.com, or other online products or platform provided by MyFaceShare.com (collectively, the “Services“). These Terms do not alter in any way the terms or conditions of any other agreement you may have with MyFaceShare for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to MyFaceShare if you violate these Terms.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS, USE THE MyFaceShare PLATFORM.

1. Introduction
2. General Terms
3. Access and the use of Services
4. Description of Services
5. MyFaceShare platform Disclaimer
6. Messaging, and calling Services
7. Rights in User Data
8. Storage of User Data
9. MyFaceShare platform Services
10. MyFaceShare.com is Not an Emergency Services
11. Personal Safety
12. Use of Information Provided by Other Users
13. Legal Age
14. Public Forums, and Communication Tools
15. Acceptable Use Policy
16. Community Rules
17. Ownership
18. Repeat Infringer Policy
19. Copyright Complaints
20. Intellectual Property
21. Data Protection Compliance
22. Cookies Notice
23. Third party Links
24. No Warranty
25. Indemnification
26. User Content Responsibilities
27. Disclaimer
28. Limitation of Liability
29. User Feedback
30. Modifications to the Services
31. Communications
32. Privacy Policy
33. Children’s Privacy Policy
34. No Reliance
35. Reporting Violations
36. Binding Arbitration of All Disputes
37. Governing Law and Jurisdiction
38. Termination
39. Severability
40. Copyright License
41. Contact us
2. General Terms

MyFaceShare Terms of Use (Terms) presented in this document are the basic rights and obligations that users and MyFaceShare (MyFaceShare.com) have and agree on when using MyFaceShare.com platform. This Terms constitute a binding agreement between MyFaceShare and you as a user. When you use the Platform, you agree to the Terms and they affect your rights and obligations. If you do not accept any or one of the terms and policy herein please kindly stop using our platform and services immediately.

MyFaceShare reserves the right at any time and in our sole discretion to change or modify these Terms, or any policy or guideline of the site and platform. If we make changes or modifications to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice through the Services or updating the “Last Updated” date at the top of these Terms on our site. So we implore you to frequently review the Terms and applicable policies guiding your use of the platform and service. If you do not agree to the amended terms, you must stop using the Services immediately. By registering, creating accounts and using MyFaceShare Platform, you consent and accept MyFaceShare Terms of Use (Terms) and Privacy Policy. If you don’t accept any article, term or condition, then you are requested to stop using our Platform.

3. Access and the use of Services

MyFaceShare.com Services are exclusively designated for personal, business, community, and friends communication use and must be used only in accordance with their contractual intended purpose, aim, and the Agreement. Detailed guidelines concerning the proper use of the Services are described in the Acceptable Use Policy section below.

MyFaceShare.com Services can be accessed solely by logging in to the Service via the website.

4. Description of Services

MyFaceShare platform provides features of audio/video calling solution offered through the platform MyFaceShare.com. The Services are designed to enable User to send and receive audio, video and messaging communication through the website. MyFaceShare is a free one to one calling service which doesn't need login/register to start a call. Enjoy low latency with rich features.

Access to and use of the Service are subject to these Terms of Use (hereinafter the "ToU") which the User expressly accepts when registering with the Service.

5. MyFaceShare platform Disclaimer

By using the MyFaceShare services, and by accessing the features, functions, and tools we provide for you, either directly or indirectly, you agree to use these platform only for the purposes intended as permitted by the terms of this User Agreement, applicable laws, regulations and generally accepted online practices or guidelines. Engaging in any activity that disrupts or interferes with our MyFaceShare platform, including the MyFaceShare platform and/or platform to which, is strictly prohibited.

6. Messaging, and calling Services

As part of our Service, we provide you a platform to call, video and message your friends who use MyFaceShare.com, through our Service, (you can only message or call using your data plan unless connected to Wifi).

7. Rights in User Data

As between the parties, User will retain all right, title and interest (including any and all intellectual property rights) in and to the User Data as provided to through the MyFaceShare Platform. Subject to the terms of this Agreement, User hereby grants to MyFaceShare.com a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the User Data solely to the extent necessary to provide the Services to User.

8. Storage of User Data

MyFaceShare does not provide an archiving or storage service. We agree only to provide the services for communication purpose only. MyFaceShare.com expressly disclaims all other obligations with respect to storage.

9. MyFaceShare platform Services

Subject to your compliance with these Terms of Service, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the MyFaceShare platform which allows you to access and use the MyFaceShare Service. We reserve all rights in the platform not expressly granted to you by these Terms of Service.

10. MyFaceShare.com is Not an Emergency Services

MyFaceShare.com is not a replacement for your ordinary call center service, and is not used to communicate with emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls when required.

11. Personal Safety

Your security and safety are paramount to us. The Services naturally promote sharing of personal information among Users. We do not and cannot assure that it is safe for you to have direct contact with any other individual that you come into contact with through the Services. If you believe that any individual is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us at support@MyFaceShare.com, so that we may take appropriate action to block further use of the Services by any individuals who may have accessed them for improper purposes.

12. Use of Information Provided by Other Users

You agree to use any information (personal or otherwise) provided to you by Users, or otherwise through the Services, in a lawful and responsible manner. You agree that you will not use information about Users for any reason without the express prior consent of that User.

13. Legal Age

You must be at least 13 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

14. Public Forums, and Communication Tools

We may provide various open communication tools on our platform, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. And, you should be aware that the MyFaceShare Platform itself is also a social communication tool with capabilities to post, deliver, exchange, and receive content. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools on the Platform and the Platform. Therefore, if you choose to use these tools to submit any type of content to our platform or the Platform, it is your personal responsibility to use the tools in a responsible and ethical manner.

15. Acceptable Use Policy

The following sets forth MyFaceShare “Acceptable Use Policy”: You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content

(i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
(iii) Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
(iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party;
(v) that constitutes a computer virus, worm, or any platform intended to damage or alter a computer system or data; or
(vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
16. Community Rules

By using the Service, you agree that you will not:
Use the Service for any purpose that is illegal or prohibited by this Agreement. use the Service for any harmful or nefarious purpose
use the Service in order to damage MyFaceShare.com
Violate our Community rules, as updated from time to time.
Spam, solicit money from or defraud any members.
Impersonate any person or entity or post any images of another person without his or her permission.
Bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
Post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
Post any Content that is hate speech, threatening, sexually explicit or pornographic.
 post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
Post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
Use another member's account, share an account with another member, or maintain more than one account. Create another account if we have already terminated your account, unless you have our permission.
MyFaceShare.com reserves the right to investigate and/ or terminate your account, if you have violated this Agreement, misused the Service or behaved in a way that MyFaceShare.com regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

17. Ownership

We and our licensors own and retain all proprietary rights in the Services. The Services may contain the copyrighted material, trademarks, and other proprietary information of us and our licensors (the “Service Content”). Except for Service Content that is in the public domain or for which permission has been provided, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any Service Content.

18. Repeat Infringer Policy

MyFaceShare.com stand against anyone who is infringing upon another intellectual property. We are strongly against the exploitation of someone else’s intellectual property. MyFaceShare.com have set out the following policy under the DMCA Copyright law;

Suppose MyFaceShare.com has a good faith belief that any content (including User Content) appearing on its Platform violates any copyrights or has been illegally copyrighted. In that case, MyFaceShare.com reserves the right to remove, block, or otherwise ‘takedown’ the content. MyFaceShare.com also reserves the right to remove from the Platform any Users, or other parties, who are repeat offenders of the DMCA Copyright policy

Copyright Infringement

Suppose you believe that content appearing on the MyFaceShare.com Platform violates your intellectual property. In that case, you should send a notice to MyFaceShare.com (either physical mail or Email is ok) at the following address:

MyFaceShare.com Attention: Designated Agent/Legal Department 18 Sunrise Ridge Marshall,NC 28753 Email: support@MyFaceShare.com
Suppose you believe that anything on the Services infringes upon any copyright which you own or control. In that case, you may file a notification of such infringement with our Designated Agent as set forth below.

You must not knowingly misrepresent your information that the material is infringing when it is not. You will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Contents of Notice

If you send MyFaceShare.com a notice regarding any claimed infringements, your notice must contain the following information:

A physical and electronic signature from the owner of the copyright that has been allegedly infringed
Identification of the copyrighted work claimed to have been infringed.
Identify the material, including providing a URL and other information, which will help MyFaceShare.com review and locate the infringed content.
Please provide us with your contact information, including your telephone number, address, and email address, to be able to contact you
A written statement by you revealing in good faith the material or content is not authorized by the copyright owner, its agent, or the law
A written statement that all information in the Copyright notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the copyright owner.
Counter-Notification

If any content (including User Content) is removed due to the receipt of a Copyright notice, you may send MyFaceShare.com what is known as a Counter-Notice if you believe that your content was wrongly removed. Your Counter-Notice must contain;
A physical or electronic signature that has been allegedly removed.
Identify the removed material with the URL location of where it was and when it was removed.
A written statement that all information in the Copyright material was removed as a result of mistake or misidentification Please provide us with your contact information, including your telephone number, address, email address, and a statement that you consent to the United States jurisdiction and that you will accept the Service of the process from the person who provided notification.
We will be required to send a copy of any notices from you to the party who posted the content you report as infringing.
Repeat Infringements:
As we stated above, MyFaceShare.com does not tolerate using someone else’s intellectual property without permission. Should MyFaceShare.com receive two or more Copyright complaints regarding any User, MyFaceShare.com retains the right to remove such User from the MyFaceShare.com Platform without further warning.
19. Intellectual Property

MyFaceShare.com and MyFaceShare retains all right, title and interest in the platform, the Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”) Usage Information, and any derivative works thereof. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on our platform must appear on all copies you print. Other non-MyFaceShare.com and MyFaceShare product, service, or MyFaceShare.com and MyFaceShare designations on our platform belong to those respective third parties and may be mentioned in our platform for identification purposes only. Your use of and access to our platform does not grant you any license or right to use any of the marks included on our platform.

20. Data Protection Compliance

In order to fulfill the contractual obligations of the Services, there will be the processing of personal data for the User. MyFaceShare.com is dedicated to providing data protection and to promote compliance with rules set forth by, among others, the European Union.

The User shall comply with Data Protection Laws and Regulations, including, without limitation, to be authorized to pass on personal data to MyFaceShare.com for the purposes stipulated in the Agreement. If the European Union’s General Data Protection Regulation (EU/2016/679) (GDPR) applies to personal data that MyFaceShare.com processes on behalf of User as a data processor in the Services, then the Agreement shall be supplemented by the General Data Protection Compliance policy available upon request. Upon execution by the User, the DPA is hereby incorporated by reference herein into the terms of the Agreement. Any observation or breach of data protection may be reported via support e-mail of the Service you use).

MyFaceShare.com will never sell, rent, or lease User service data to any third party. We will not share User service data with third parties, except as permitted by the Agreement and in order to provide, secure, and support the Services.

21. Cookies Notice

Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make platforms work efficiently.

Some of the cookies we use are essential for our Sites to function correctly - for example remembering you have logged in. Other cookies may be used to personalize your online experience, track your journey through our Site (so that we can maximize your experience and help us understand how we can improve it) or analyses the success of promotions. Other cookies may be from third parties such as social networking sites, affiliates or partners. For more information about our cookies policy please visit our cookies policy page.

22. Third Party links

MyFaceShare may provide third party links on the Services and may provide links to web pages and content of third parties (collectively the “Third Party links”) as a service to those interested in this information. MyFaceShare does not control, endorse or adopt any Third Party links and makes no representation or warranties of any kind regarding the Third Party links, including without limitation regarding its accuracy or completeness. You acknowledge and agree that MyFaceShare is not responsible or liable in any manner for any Third Party links and undertakes no responsibility to update or review any Third Party links. Users use such Third Party links at their own risk.

23. Indemnification

You agree to defend, indemnify and hold harmless MyFaceShare, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.

24. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY MyFaceShare, THE SERVICES AND MyFaceShare MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MyFaceShare DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. MyFaceShare DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR MyFaceShare MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE MyFaceShare ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, MyFaceShare CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED PLATFORM TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

WITHOUT LIMITING THE FOREGOING, MyFaceShare DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES (“RECOMMENDATIONS”). YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS.

25. Limitation of Liability

In no event shall MyFaceShare, or our directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the services or the MyFaceShare materials, including without limitation any damages caused by or resulting from reliance on any information obtained through the services, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to MyFaceShare’ records, programs or services. In no event shall the aggregate liability of MyFaceShare, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the services or to these terms exceed any compensation you pay, if any, to MyFaceShare for access to or use of the services. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.

26. User Feedback

MyFaceShare enables you to generate ratings and reviews, photos, videos or other content about MyFaceShare platform ("Feedback"). Feedback is intended to enable other users to get a meaningful picture of the platform. Feedback may only contain truthful information. Feedback must be in accordance with the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations. You agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service; (ii) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will prominently indicate if your review was sponsored or paid for in any way; and (iv) your review will comply with these Terms.

27. Communications

For contractual purposes, you (1) consent to receive communications from MyFaceShare in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MyFaceShare provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

28. Privacy Policy

Insofar as MyFaceShare.com receives personal data from the User, employees of the User, as well as the User’s End-Users during the Agreement, such data shall be collected, processed, and used by MyFaceShare.com as described in a separate Privacy Policy. For information regarding MyFaceShare.com compliance with the Privacy Shield Frameworks, please visit our Privacy Policy.

29. Children’s Privacy Policy

MyFaceShare respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 13. This Site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, or do we provide MyFaceShare to children under 13 years of age except as permitted by COPPA. However we may provide our service to children under 13 years of age but in supervision of a parental guardian.

30. No Reliance

You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.

31. Local Regulations

We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in.

32. Reporting Violations

While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, and we may cooperate with such authorities as they may request, all without liability to us.

33. Governing Law and Jurisdiction

This Agreement shall be governed and construed in all respects by the laws of The United States of America courts and the North Carolina Laws and every state we aim to do business. You agree that any claim or dispute you may have against must be resolved by arbitration. You and MyFaceShare platform agree to submit to the non-exclusive jurisdiction of North Carolina Laws.

Any dispute arising from these Terms and your use of the Services will be subject to Arbitration, without regards to conflict of law rules or principles that would cause the MyFaceShare platform of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, hence it will be resolved by arbitration.

34. Termination

MyFaceShare reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.

35. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

36. Copyright License

Copyright (c) 2020(s) MyFaceShare platform. Subject to the express provisions of these terms and conditions:

We, together with our licensors, own and control all the copyright and other intellectual property rights in MyFaceShare platform and the material on our platform; and All the copyright and other intellectual property rights in MyFaceShare platform and the material on our platform are reserved.

37. Contact Us

If you have any questions about these Terms & condition, please contact us at Email: support@MyFaceShare.com