Terms of Service

Updated: July 12, 2010

Parents, please read these Terms of Service and review it with your children who use our Website. This document contains valuable information that will help keep your children safe while online as well as information regarding the use of our Website. It is a legal document that addresses the use and operation of FaceChipz.com.

FaceChipz.com (the "website") allows Users (you and your children) to interact with a network of friends. By using FaceChipz.com, you acknowledge that you have read, understood , and agree to be bound (and agree on behalf of your child) to these Terms of Service, including the End User License Agreement, Privacy Policy, and Code of Conduct which are incorporated into these Terms by this reference. If you do not agree to all of these Terms of Service, do not use this Website! Chipzco, Inc., d/b/a FaceChipz ("FaceChipz" or FaceChipz.com) may revise and update these Terms of Service at any time. We will post the date last updated at the top of these Terms of Service. In addition, a notification of any updates or changes to our policy will be posted on our homepage, and in some instances, you may receive an e-mail alerting you to the changes in our Terms of Service. Please check and see if it has been updated since your last review. Your continued usage of the Website will mean you accept those changes.

Table of Contents

Who Can Use This Service

FaceChipz.com is intended for children who are between the ages of 7 and 17. Any registration, use of or access to the website by anyone under the age of 7 or over the age of 17 is strictly prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to agree to, and abide by, this Agreement on your own and your child's behalf. Use of the FaceChipz Service is void where prohibited by law.

If FaceChipz.com learns that a site user is under the age of 7 we will take appropriate steps to remove the user's information from the database and restrict the individual from future access to the FaceChipz.com Service. FaceChipz.com believes that the supervision of children under the age of 7 is the responsibility of the parent or guardian, and ultimately accepts no responsibility if a person under the age of 7 joins FaceChipz.com. If FaceChipz.com learns that a user is over the age of 17 we will take appropriate steps to remove the user from the database..

Users are prohibited from impersonating any person or misrepresenting an identity or age, including, without limitation, using a minor's username, password or other account information, or a minor's account or name, likeness, voice, image or photograph. Users are also forbidden from intimidating, harassing or harming minors whilst using or accessing this website. Any attempt to communicate with minors whilst impersonating a minor or falsely stating or otherwise misrepresenting oneself as a minor is strictly forbidden. Users who do not abide by the Code of Conduct, set forth in these Terms of Service, will have their accounts suspended or terminated.

We take precautions to protect the children using this website from any prohibited act on FaceChipz. ANY ADULT FOUND IMPERSONATING A MINOR OR HARMING A MINOR IN ANY OTHER WAY ON FaceChipz, MAY BE COMMITTING A CRIMINAL OFFENCE UNDER THE APPLICABLE CRIMINAL LAW AND BE LIABLE TO PROSECUTION.

Back to Top

Registration

In order to register for a FaceChipz account, children must create a username and password, and enter their birthday and gender. Parents should help their children choose an appropriate username and password. Usernames should not contain real names, or any portion thereof. Passwords should be "easy to remember, but hard to guess." Parents must also submit a valid, verifiable e-mail address, and create their own username and password when completing registration for their children. Since membership on Facechipz costs one dollar ($1), we require a parent's credit card information and will retain the last four digits of the card number in case a refund is needed. The card itself is processed through Authorize.net. Please refer to section 27 for more information about said company.

Because membership on FaceChipz consists of a one-time $1 charge, we are able to obtain the required "heightened verifiable parental consent", which is required by COPPA for sites, such as FaceChipz, which allow children who are under 13 to publicly disclose personally identifiable information. FaceChipz verifies adult consent by processing a one dollar ($1) charge to the credit card of a parent or guardian, the proceeds of which are dedicated to cybersafety initiatives.

Back to Top

Inviting Friends

The best thing about FaceChipz is friends -- and adding them is easy! There are two ways to invite your real life friends to become your friends on FaceChipz: 1. From the FaceChipz homepage, kids can enter their friend's name and e-mail (optional) and click "Create Invite". If an e-mail address has been entered, the friend will receive an e-mail message from Facechipz with the User's first name and icon, asking to confirm the friendship. Regardless of whether the friend is already a Facechipz user, you will have to log in to click accept on the users homepage. Once they have accepted the friend, the two will be linked on Facechipz. It is important to note that Facechipz does not retain the e-mail addresses entered. Once the invitation is sent the e-mail address is purged. 2. If no e-mail address is entered, kids will be guided to a printable invitation that they can simply hand out to friends. The invitation will have a 9 digit code that friends can enter once on FaceChipz and the two users will be connected

In any case, if invited friends are not yet members of the FaceChipz community, they must first create a FaceChipz account with their parents and then they can connect with their friends.

Back to Top

Parental Controls

Parents will appreciate the built-in Parental Controls which enable Mom or Dad to activate or deactivate accounts when they please. This comes in handy when kids neglect to do their chores and has been tested by the founders of FaceChipz with great success!

Back to Top

Communications on the Site

Site users can ONLY communicate with others they've personally invited via e-mail, the physical exchange of printed coded invites or FaceChipz friendship tokens. Users are also able to become "fans" of celebrities, products, places, and various forms of media. With Fan pages, the users can write on the walls but the actual companies, or persons represented by the Fan page cannot see the users profile. Additionally, if a user is a Fan of someone, he or she cannot see the other people who are fans unless they are friends with them.

The FaceChipz web platform is designed to prevent kids' postings (writings and images) from being picked up by search engines

All communications on the site are filtered for inappropriate language

There are no Search controls, so no one can arbitrarily contact site users

When visiting a friend's profile, kids can only view the "friend's friends" that are mutual friends. They can however see a small image of the other user's friends and if they think they know the person they can click on the avatar which will guide the user to the invite a friend page.

When responding to issues concerning a child's account, such as if they've posted inappropriate content, FaceChipz sends alert messages to both parent and child

Parents may deactivate their child's account.

Back to Top

Code of Conduct

In order to maintain FaceChipz as a safe environment, anyone using the site must abide by the following Code of Conduct:

  1. Only kids between the ages of seven (7) and seventeen (17) are permitted to register on the Website.
  2. No cyberbullying is allowed.
  3. Bad language is not allowed.
  4. Your child’s username should not contain their real name or reveal their age or date of birth because they/you should make an effort not to openly share personal information.
  5. Treat all FaceChipz members the same way you would like to be treated with respect.
  6. If someone is bothering you, let your parents know about it.
  7. Keep your password a secret and don’t tell it to anyone (except your parents, who may ask for it). Similarly, asking a FaceChipz member for their password is not allowed.
  8. Report improper images or misuse of the site via the Contact Us link at the bottom of each page.
  9. Harassing FaceChipz members for personal information is not permitted.
  10. Uploading or creating material that could be harmful to other kids is not allowed.
  11. Sending chain letters, junk mail, or spam on FaceChipz.com is not allowed.
  12. Don’t post information that you know is false, or that encourages illegal behavior.
  13. FaceChipz doesn’t accept ads and your fellow site users don’t want yours so please don’t use your FaceChipz account to try to make popular or convince others to purchase products or services.
  14. Don’t pretend to be someone that you are not and don’t pretend to be part of a group when you are not part of that group.
  15. Respect the rights of others, and don’t criticize or make fun of someone because they may look different than you or believe in something different than you.
  16. Don’t upload content (such as pictures, images, messages or stories for example) that you do not have the rights to use.
  17. Don’t post, create, or upload text, messages, images, or files that are insulting, abusive, threatening, vulgar, obscene, hateful, racially offensive, insulting or that violate any person’s privacy or rights.
  18. Please don’t interfere with our computer systems or try and overload them with data.
  19. Don’t post, create, or upload computer codes, or software programs that contain viruses or " bugs” that could destroy or harm our computer systems.
  20. FaceChipz has the right to remove any material, or cancel your account, if we determine you’ve violated any elements of this Code of Conduct.
  21. FaceChipz has the right to turn over to law enforcement agents any content (such as pictures, images, messages or stories for example) that we deem to be in violation of these Terms of Service and/or any existing laws.
  22. You have no ownership of your FaceChipz.com account.
  23. If you violate any elements of this Code of Conduct, your account could be Deactivated or Deleted and your parents notified. You could also be expelled from the site and not permitted back.

Users who do not abide by the above Code of Conduct, will have their accounts suspended or terminated.

Back to Top

Term

This Agreement remains in full force and effect while you use the Service and/or remain a User. Parents may deactivate a child's FaceChipz.com account at any time via the Parental Controls Management Page. (You need to login in to your account in order to access the Parental Controls). Additionally, FaceChipz.com reserves the right to terminate your account for any violation of this Terms of Service.

Back to Top

Modifications

You agree that we may modify this Agreement, the End User License Agreement ("EULA"), and Privacy Policy from time to time and such modification shall be effective when posted by FaceChipz.com on the Service. Your continued use of this Service shall serve as your consent to be bound by any such modifications.

Back to Top

Ownership

The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

Except for the Content owned and posted to the Service by users or our strategic partners, all Materials are the copyrighted property of Chipzco, Inc., FaceChipz, FaceChipz.com or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to FaceChipz.com or its affiliates and/or third-party licensors. Except as expressly authorized by FaceChipz.com, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

Back to Top

Content Postings

You agree to the following conditions regarding any content, messages, blogs, media, photos, or profile information (collectively, "Content") that you publish, post, or display (hereinafter, "post") on the Service:

  1. FaceChipz.com may delete any content that in its sole judgment violates this Agreement, the "Code of Conduct" or which might be offensive, illegal, and inappropriate for children or that might violate the rights, harm, or threaten the safety of users.
  2. Your profile must describe you as an individual - examples of inappropriate profiles include profiles of animals, places, inanimate objects, companies, products, fictional characters, or a real individual who is not you. FaceChipz does not allow these inappropriate profiles, as they detract from the user experience and could be construed as misleading. You are solely responsible for the content that you post or transmit on the Service. Fan Pages are operated by separate entities, corporations, and companies.
  3. All photos uploaded to FaceChipz.com remain property of their owners unless otherwise specified.
  4. You reserve all rights over your images. To operate the Service and display your photos as you request, intellectual property laws require FaceChipz.com to obtain from you a "license." For this reason you grant to FaceChipz.com a worldwide, non-exclusive, fully paid, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content submissions in connection with the Service and FaceChipz.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
  5. You understand, and agree that, unless expressly stated, FaceChipz.com in no way controls, verifies, or endorses any of the Content on the Service, including links, events, messages, message boards and users' published listings.
  6. You hereby agree that you will not: (i) submit material or content to FaceChipz.com that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FaceChipz all of the license rights granted herein; (ii) submit material or content unless you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize FaceChipz and FaceChipz's account holders to use your content submissions as contemplated by these Terms and in accordance with any applicable Creative Commons licenses; (iii) publish falsehoods or misrepresentations that could damage FaceChipz or any third party; (iv) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (v) post advertisements or solicitations of business; or (vi) impersonate another person.
Back to Top

Digital Millenium Copyright Act Compliance

It is FaceChipz.com's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner or an agent thereof, and you believe that any content hosted on the FaceChipz.com website infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing FaceChipz.com's Designated Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the FaceChipz.com website are covered by a single notification, a representative list of such works on the FaceChipz.com website
  3. 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 FaceChipz.com to locate the material
  4. Information reasonably sufficient to permit FaceChipz.com 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
  5. 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law
  6. 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 (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content").

FaceChipz.com's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: E-mail: copyrightagent@facechipz.com Mail: Attn: FaceChipz Copyright Agent 16055 Ventura Blvd. Suite 535 Encino, California 91436, United States of America

For clarity, only DMCA notices should go to the FaceChipz.com Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to FaceChipz.com customer service at info@FaceChipz.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. FaceChipz.com will promptly terminate without notice the accounts of those determined by FaceChipz.com to be "repeat infringers.

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Back to Top

DMCA Notifications

It is FaceChipz's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. FaceChipz will promptly terminate without notice any member's access to the FaceChipz Services if that member is determined by FaceChipz to be a " repeat infringer." A repeat infringer is a user who has been notified by FaceChipz of infringing activity violations more than twice and/or who has had a member content submission or any other member-posted content removed from the FaceChipz Services more than twice.

Back to Top

Virtual Goods and Coins

When you "earn," "purchase," or "receive" FaceChipz coins, you do not own them. Rather, you receive a limited right to use such coins in connection with certain features on FaceChipz, such as the purchase of gifts. We do not permit you to sell coins to anyone, or transfer them to anyone outside of FaceChipz; nor are the coins redeemable for any sum of money or monetary value from us. We also reserve the right to stop issuing coins or virtual goods.

If your (or your child's) account is deleted because you violated the Terms of Service then you will lose any accumulated coins or virtual goods. Similarly if a parent deletes a child's account, any accumulated coins or virtual goods will also be lost. When you "purchase" virtual goods or gifts from Facechipz, interest in those items is not transferable to you. You do not own them. Items made available through FaceChipz are licensed to you, not sold.

Back to Top

Practices Regarding Use and Storage

You acknowledge that FaceChipz.com may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on FaceChipz.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. FaceChipz.com reserves the right to restrict the number of messages which a member may send to other users in any 24-hour period to a number which FaceChipz.com deems appropriate in its sole discretion. You agree that FaceChipz.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that FaceChipz.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FaceChipz.com reserves the right to modify these general practices and limits from time to time.

Back to Top

Links to Third party Sites

Links to third party websites are provided for your convenience and information only. Third party websites are not under FaceChipz's control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites; nor can FaceChipz guarantee that sites will not change without our knowledge. The inclusion of a link on this Service does not imply FaceChipz's endorsement of said third party website, nor that are we affiliated with the third party website's owners or sponsors. The material and information on third party websites, including any merchandise, information or service provided through these websites, is provided "as is" with all faults and without warranty of any kind from FaceChipz, expressed or implied. In no event shall FaceChipz be liable for any direct damages, special, incidental or consequential damages, lost profits, or any indirect damages arising from the use or inability to use these third party websites, even if FaceChipz has been informed of the possibility thereof.

Back to Top

Transactions with Third Parties

FaceChipz.com will not be liable for your interactions with any organizations and/or individuals found through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that FaceChipz.com is not responsible for any damage or loss incurred as a result of any such dealings. FaceChipz.com is under no obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of a dispute, you release FaceChipz.com, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.

Back to Top

No Agency

FACECHIPZ.COM IS NOT RESPONSIBLE FOR ANY INCORRECT, INACCURATE, OFFENSIVE, OR INAPPROPRIATE CONTENT POSTED ON THE SERVICE, WHETHER CAUSED BY ANY USER OR MEMBER OF THE SERVICE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. FACECHIPZ.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE SERVICE. FACECHIPZ.COM ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS.

FACECHIPZ.COM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR ACCOUNT HOLDERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE.

UNDER NO CIRCUMSTANCES WILL FACECHIPZ.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. THE SERVICE IS PROVIDED "AS IS" AND FACECHIPZ.COM EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FACECHIPZ.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM FACECHIPZ.COM OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Back to Top

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FACECHIPZ.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 FACECHIPZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Back to Top

Governing Law

Your use of the Service and this Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Service will be filed only in the state or federal courts in and for Los Angeles, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Back to Top

Indemnity

You agree to defend, indemnify and hold harmless FaceChipz.com with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, FaceChipz.com retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against FaceChipz.com herein under the terms and provisions of this section and in no event shall you settle any such claim without FaceChipz.com's prior written approval.

Back to Top

No Agency

The terms and provisions of this Agreement will not be interpreted as creating an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between FaceChipz.com and any member of the Service. A member may not bind or obligate FaceChipz.com without its prior written consent.

Back to Top

International Users

FaceChipz is based in Los Angeles, California, in the United States of America. FaceChipz makes no claims that the Materials or Technology is appropriate or may be downloaded outside of the United States. Access to the Materials or Technology may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Back to Top

Service Fees

Currently the FaceChipz.com website Service is provided to you for one dollar, however at some point FaceChipz may require you to pay additional fees to use certain services. In advance of any changes to the Service we will post those rates and payment terms within the Terms of Service as well on the relevant pages of the Website. If at such time, you decide not to pay for a fee-based service, you will not be able to continue using the Service, and your child's account could be deleted.

Back to Top

Feedback

Any comments or materials sent to FaceChipz including feedback data, such as questions, comments, suggestions, or the like regarding the Materials or the Technology, the Website or any other products or programs of FaceChipz (collectively "Feedback"), shall be deemed to be non-confidential. FaceChipz shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, FaceChipz shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Back to Top

Miscellaneous

This Agreement, accepted upon any use of the Service and further affirmed by becoming a member of the Service, and our Privacy Policy, End User License Agreement, and other agreements or policies referenced herein or therein contain the entire agreement between you and FaceChipz.com regarding the use of the Service. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FaceChipz.com without restriction. The failure of FaceChipz.com 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 held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement will remain in effect after your FaceChipz account is canceled or terminated.

YOU AND FACECHIPZ.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The services hereunder are offered by FaceChipz.com, located at: 16055 Ventura Blvd., Suite 535, Encino, California, 91436, United States of America; e-mail: info@FaceChipz.com. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.

Back to Top

End User license Agreement (EULA)

READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

By using this website ("Website"), you signify your agreement to this End User License Agreement, the Terms of Service, and Privacy Policy. If you do not agree to all of this End User License Agreement, do not use this site! Chipzco, Inc., d/b/a FaceChipz ("FaceChipz" or "FaceChipz.com") may revise and update this End User License Agreement at anytime. Your continued usage of the Website will mean you accept those changes. This End User License Agreement is incorporated into the FaceChipz.com Terms of Service, which together with our Privacy Policy and the Code of Conduct constitute the entire "Agreement" between you and FaceChipz.com.

The information, artwork, text, video, audio, media files or pictures displayed or contained on the Website (collectively, the "Materials") and the software, technology and products, including the FaceChipz File Format and any relevant documentation downloadable or accessible from the Website (the "Technology") are protected by copyright, patent, trademark and other laws under both United States and foreign laws.

Unless otherwise stated, you may only access, view and use the Materials or Technology for personal or educational, non-commercial purposes. You may not use the Materials or Technology for any other purpose or reproduce or modify the Materials or Technology without FaceChipz's authorization. Except as authorized by FaceChipz, you may not print, copy, download, reproduce, republish, post, transmit or distribute any of the Materials or Technology. You may print only one copy of the Materials for personal or educational, non-commercial purposes, and on the copy you must include the following copyright notice: "Copyright 2008 Chipzco, Inc. All rights reserved" and any other copyright notice originally included with the Materials.

The Technology available on this Website may be licensed pursuant to separate license agreements, which will be presented to you prior to download or access of the Technology. All title and copyrights in and to the Technology, and any copies thereof, are owned by FaceChipz and/or its suppliers. You may only access or download and use the Technology if you have agreed to, and comply with, the license agreement that is applicable to such Technology and your use of the Technology. Any unauthorized reproduction or redistribution of the Technology or Materials is expressly prohibited by law, and may result in severe civil and criminal penalties. You may not reverse engineer, disassemble, modify or decompile any Technology or Materials. Violators will be prosecuted to the maximum extent possible. COPYING OR REPRODUCTION OF THE TECHNOLOGY OR MATERIALS TO ANY OTHER WEBSITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF FACECHIPZ. You may not attempt to "pass-off" any of FaceChipz' Materials or Technology as your own work. Title to the Materials and Technology remains with FaceChipz or its licensors. Any use of the Materials and Technology not expressly permitted by these Terms of Service or a separate agreement with FaceChipz is a breach of these Terms of Service and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to FaceChipz and its licensors. If you violate any of these Terms of Service or the applicable license, your permission to use the Materials and Technology automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials or the Technology.

Back to Top

Authorize.net Payment

FaceChipz charges a $1 membership fee for creation of all accounts. Parents must provide their credit card information in order to process this one time membership fee. Credit cards are processed through Authorize.net and only the last four numbers of the card used are retained by the Facechipz website. The last four numbers of the card are retained in case FaceChipz needs to issue a refund. Facechipz.com submits a credit card transaction to the Authorize.net Payment Gateway on behalf of a Facechipz registrant via a secure Web site connection. Authorize.net receives the secure transaction information and passes it via a secure connection to the Merchant Bank's processor. The Merchant Bank's Processor submits the transaction to the Credit Card Network (a system of financial entities that communicate to manage the processing, clearing, and settlement of credit card transactions). The Credit Card Network routes the transaction to the Customer's Credit Card Issuing Bank. The Customer's Credit Card Issuing Bank approves or declines the transaction based on the customer's available funds and passes the transaction results back to the Credit Card Network. The Credit Card Network relays the transaction results to the Merchant Bank's Processor. The Merchant Bank's Processor relays the transaction results to Authorize.net. Authorize.net stores the transaction results and sends them to Facechipz.com. This step completes the authorization process - all in about three seconds or less! The last four digits of the credit card are stored with a transaction number in the event that Facechipz needs to issue a refund for whatever reason.

Click for more information on Authorize.net's privacy policy

Back to Top

Contest Rules

The FaceChipz user who adds the most friends during the contest period will win a Nintendo Wii, a $150 value. The contest period will begin at 12:01 am Pacific time July 9th and commence at 11:59pm Pacific time on July 16th. In the event of a two-way tie both users will win the prize. In the event of a three or more way tie a random drawing will be held to determine one winner. Users must be less than 14 years of age to participate in this contest. Up to a maximum of three siblings can count as new friends. FaceChipz employees and employee family members are not qualified to participate in the contest. Once a winner is determined FaceChipz will contact the parental user associated with the winners account to determine the shipping location. The prize will be shipped care of the parental user.

Back to Top