Web Site Terms of Service and Conditions of Use

1. Terms

The following terms and conditions govern all use of the Betaface.com website and all content, services and products available at or through the website, including, but not limited to, Betaface.com web service (“Betaface API”), (taken together, the Website). The Website is owned and operated by Software Oleksandr Kazakov, Munich, Germany (“Betaface”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Betaface’s Privacy Policy) and procedures that may be published from time to time on this Site by Betaface’s (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services provided by. If these terms and conditions are considered an offer by Betaface, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

2. Responsibility of Contributors

When you communicate with any of Website services, post links or transfer images or video to Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics or video file. By making Content available, you represent and warrant that: By submitting Content to Betaface for processing, you grant Betaface a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, Betaface will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Betaface has the right (though not the obligation) to, in Betaface’s sole discretion (i) refuse or remove any content that, in Betaface’s reasonable opinion, violates any Betaface policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Betaface’s sole discretion. You may not use the Website services to substantially replicate products or services offered by Betaface. If Betaface believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Website services may be temporarily or permanently revoked, with or without notice.

3. Responsibility of Website Visitors and Website services users.

Betaface has not reviewed, and cannot review, all of the material, including images or videos, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Betaface does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Betaface disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any use of Website services by those visitors and content they transfer.

4. Intellectual Property.

This Agreement does not transfer from Betaface to you any Betaface or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Betaface. Betaface, Betaface.com, Betafaceapi.com, the Betaface.com logo, and all other trademarks, service marks, graphics and logos used in connection with Betaface.com, or the Website are trademarks or registered trademarks of Betaface or Betaface’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Betaface or third-party trademarks.

5. Changes.

Betaface reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Betaface may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

6. Termination.

Betaface may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. Disclaimer of Warranties.

The Website is provided “as is” and without any support. Betaface and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Betaface nor its suppliers and licensors, makes any warranty that the Website will be error free, reliable, accurate, complete or otherwise valid, or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise use services on our Website at your own discretion and risk. You will be solely responsible for any damage that result from the use of our Website, including, but not limited to, any damage to your computer system or loss of data.

8. Limitation of Liability.

In no event will Betaface, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for any special, incidental or consequential damages, the cost of procurement for substitute products or services, for interruption of use or loss or corruption of data. Betaface shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of our Website, or any APIs or services provided by Website, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Betaface has been advised of the possibility of such damages. Under no circumstances shall Betaface be liable to you for any amount.

9. General Representation and Waiver.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Betaface Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Germany or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Betaface, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Website. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

10. Indemnification.

You agree to indemnify and hold harmless Betaface, its contractors, and its licensors, and their respective directors, officers, employees and agents, co-branders or other partners from and against any and all claims and expenses, including attorneys’ fees, arising from or in any way related to your use of the Website (including anything you develop using Website services), including but not limited to your violation of this Agreement.

11. Miscellaneous.

This Agreement constitutes the entire agreement between Betaface and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Betaface, or by the posting by Betaface of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Germany without regard to its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Munich, Germany in the English language. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Betaface may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.