FACEPLANT GAMES - Terms of Service


This Terms of Service (“Terms”) is a legally binding agreement that governs your use of FaceplantGames.com and/or the games and applications offered by Faceplant Games (herein referred to as “we,” “us,” or “Faceplant Games”). By using or accessing the Faceplant Games Service (“Service”), you agree to be bound by these Terms.  Note that any violation of these Terms may result in termination of your ability to participate in the Service.

 

Faceplant Games Reserves the right to change these Terms in any way and at any time. You agree that you will, 1) periodically check faceplantgames.com for updates to these Terms, and 2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them to faceplantgames.com and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.

 

Faceplant Games reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

 

Your use of the Service is conditioned upon your compliance with these Terms. Faceplant Games reserves the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof), if you violate these Terms.



Submitted Content
Under these Terms, you may NOT place any of the following material or obtain any such material using the Service:

You agree that your submissions are wholly original to you and you exclusively own the rights to your submissions, including the right to grant all of the rights and licenses in these Terms without Faceplant Games incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.

Faceplant Games has no obligation to monitor or enforce any intellectual property rights that may be associated with your submitted content, but Faceplant Games does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.

Faceplant Games has no obligation to accept, display, review, monitor, or maintain any submitted content. We have the right to delete submitted content from the Service without notice for any reason at any time. Faceplant Games may move, re-format, edit, alter, distort, or remove submitted content without notice to you and without liability.

You acknowledge that you do not rely on Faceplant Games to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

The Service may invite you to chat, participate in discussions, or submit ideas to Faceplant Games and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material. Any ideas you transmit to Faceplant Games and/or to or via the Service will be treated as non-confidential and non-proprietary, and you automatically forfeit your right to the intellectual property of these ideas.

If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your ideas to Faceplant Games, and/or to or via the Service, or its employees.
Faceplant Games will not be liable for the content of any submission. While Faceplant Games is not responsible for the content of submissions, Faceplant Games reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. Faceplant Games may request confirmation of the copyright or trademark ownership from the submitter. If Faceplant Games does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Faceplant Games reserves the right to share certain account information with governmental organizations or other third parties. In the event of any such dispute, Faceplant Games reserves the right to suspend the display or viewing of any submissions until the issue has been resolved. You acknowledge that any submission may be removed, published, copied, modified, transmitted and displayed by Faceplant Games for the purposes of delivering the offered services. In addition, you warrant that all moral rights in any submitted ideas have been waived.

Copyright notice
Faceplant Games is committed to protecting copyrights. Each image submitter is required by US law to own the right to or to obtain permission to use any image before the image is uploaded or displayed at Faceplant Games. If you believe that your work has been copied in a way that infringes your copyrights, please contact us and provide all relevant details.
Phone: 412-573-9573
Email: info@faceplantgames.com

Age requirements

You must be at least 13 years of age to use our Service. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms. If you, your parent or guardian, have any concerns please feel free to contact us. 

 

About your account
Login functionality for this Service is offered through Google Friend Connect. The Service is only available to persons who are registered members through Google Friend Connect are in compliance with the policies or terms of use/service of Google. By joining faceplantgames.com using your Google Friend Connect account you agree to:

Users that maintain more than one account through Google Friend Connect may not access this Service from multiple accounts. If you provide any information that is untrue, inaccurate, not current or incomplete, or Faceplant Games has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or that the account is being used for fraudulent purposes, Faceplant Games has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof).

There is no fee to join faceplantgames.com.

 

Third-party software
We may make software or content from third-party companies or individuals available to you. To download or use such content, you must first agree to the respective licenses and/or warranties. Each product is subject to the individual company’s or individual's terms and conditions, and the agreement will be between you and the respective party.
This means that we do not guarantee that any content you download or use will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. We do not offer any warranty on any third-party content you use or download using Our Service.

 

Third-party links
We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns. 

 

Copyrighted material and software
All of the information, content, software and materials we offer are protected by copyright and other applicable laws. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials. 

 

Privacy policy
Faceplant Games protects and uses provided information as set forth in our Privacy Policy. 

 

Disputes with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Faceplant Games and hereby agree to indemnify and hold harmless Faceplant Games from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute


Indemnification
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful or unlawful conduct) by you or any other person accessing the Service using your account. 

 

Claims
You and Faceplant Games both 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, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred. The parties agree that any claims hereunder shall be subject to all federal law and the laws of the Commonwealth of Pennsylvania, and hereby consent to jurisdiction and venue in the Courts of Allegheny County, Pittsburgh, Pennsylvania. 

 

Export
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software, content, or materials provided through the Service. 

 

Disclaimer of warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH FACEPLANT GAMES' SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FACEPLANT GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FACEPLANT GAMES MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FACEPLANT GAMES MAKES NO WARRANTY REGARDING ANY SOFTWARE, CONTENT, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, CONTENT, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH FACEPLANT GAMES' SITE OR ADVERTISED THROUGH FACEPLANT GAMES' SITE.

 

Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FACEPLANT GAMES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF FACEPLANT GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE FACEPLANT GAMES' SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  

 

Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service.