FaceSmooch Terms of Use
By downloading, installing or using FaceSmooch ("Software") or any portion thereof, you agree to the terms and conditions of this End User License Agreement.
THIS IS A LICENSE AGREEMENT BETWEEN YOU AND THE FACESMOOCH COMPANY. ("FACESMOOCH"). PLEASE READ CAREFULLY AND ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("TERMS") BEFORE INSTALLING THE SOFTWARE. BY CLICKING THE "YES" BUTTON (OR ANY SIMILAR BUTTON INDICATING YOUR CONSENT), YOU AGREE TO BE BOUND BY THESE TERMS. YOU WILL NOT BE ABLE TO INSTALL THE SOFTWARE UNTIL YOU HAVE ACCEPTED THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE EXIT THE INSTALLATION PROCESS AND THE INSTALLATION PROCESS WILL NOT BEGIN. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW.
THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU, OR THE COMPANY ON WHOSE BEHALF YOUR ARE INSTALLING THE SOFTWARE ("YOU") AND FACESMOOCH, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS.
General
FaceSmooch is an online entertainment software offering users Smileys and other fun content for the Facebook platform, residing as a toolbar in a browser. It can be downloaded for free from www.facesmooch.com after accepting the terms and conditions. The toolbar is used by an internet user, such as You, who downloads and installs the toolbar.
"Toolbar" means a Facesmooch Toolbar that includes various features and content, including: smileys for your facebook chat and facebook messages, general web search, menus, buttons, images, widgets, web content, alerts, hosted web pages related to the toolbar, personalized pages, remote Software updates, one click comparison shopping, one click coupons and more.
Functionality
Once the Toolbar is installed, you will receive the following software features:
- Smileys for Facebook Chat – When a user enters his Facebook chat, wall or message, he may click to add any of the additional smileys and send them to his friends online.
- One click Price Comparisons - When a user is located on a web page describing a product, he may click on the “Better Prices” button located on the toolbar which will send a request to our servers, to find and display competitive prices from other online vendors to the same product.
- One click coupons - When a user is located on a web page of any online merchant, he may click on the “Coupons” button located on the toolbar which will send a request to our servers, to find available coupons for this online merchant and will display them in the browser.
- Additional buttons and menus - A user can also access additional content by clicking any of the buttons and links on the menus which will be available from time to time on the toolbar, offering general content including music, movie trailers, deals of the day, as well as links to other prominent online shopping destinations.
- Search the web through our partner Web Search.
- Web Search: allows you to search the web through:
- A search box in the toolbar.
- Default Search (for IE 7 and Firefox): Using the search box next to the address bar. Upon installation, we offer you to use our Partner Search as your default search provider in IE7 and Firefox. You can manually choose other search providers by clicking on the drop down button next to the search box.
- Home page & Tab: Upon installation, we offer you to change your Home Page and Tab to the Search Home Page which is essentially a Web search page. If you do not want to accept this change, you may uncheck the relevant box in the set-up process.
Uninstall
A user may uninstall this Software and its features at any time, using the standard uninstall procedures as offered with your computer's Operating System or your Internet Browser, through accessing the computer's Control Panel then selecting "Add or Remove Programs", and selecting “FaceSmooch Toolbar" from the list of installed applications and clicking on it, Clicking on the "Change/Remove" button. To uninstall the Toolbar from a Firefox browser users must Open Firefox and click on the "Tools" menu, Select "Add-ons", Find "FaceSmooch Toolbar" in the list of installed extensions and click on it, Click on the "Uninstall" button. When you reopen Firefox, the Toolbar will be uninstalled.
In both IE and Firefox browsers, in case you accepted to change your homepage to FaceSmooch, uninstalling FaceSmooch Toolbar will not automatically change your homepage back to your previous homepage and you will need to manually change it back. In IE through the “File” menu, click “Options” than in the “General” Tab you may set your homepage to a different URL. In FireFox, through the “File” menu, click “Options” than in the “Main” Tab you may set your homepage to a different URL.
If you are having trouble uninstalling either of the components, you can:
- Go to FAQ page: http://www.facesmooch.com/faq.php and follow the "Uninstall" section
- Contact our Support team that is available for assistance within less than 72 hours from feedback@facesmooch.com
I. LICENSE
FaceSmooch hereby grants you a limited personal, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Software solely for internal, non-commercial purposes in order to enhance your Internet surfing experience by being provided with relevant references displayed at your internet browser and/or desktop and/or other applicable locations.
The terms of this license shall apply to all features of the Software including toolbar content, hosted web pages related to the toolbar, toolbar alerts, and other features as provided by FaceSmooch. This license applies to versions of the Software that are offered on any supported Operating System and integrated in any compatible Internet Browsers including (but not limited to): Internet Explorer, Firefox and other supported Internet Browsers.
II. OWNERSHIP
All rights to and in the Software (including all documentation, translations, enhancements, improvements or other modifications made to or derived from the Software), including, but not limited to, copyrights, patents, trademarks, trade secret rights and any other applicable intellectual property right, shall belong to FaceSmooch.
III. LICENSE RESTRICTIONS
Users many not modify the Software and may only copy it, provided that all copyright and other notices are reproduced and included on the copy. You may not (i) decompile, reverse engineer, disassemble or otherwise reduce the Software or any portion of the Software to a human-perceivable form, (ii) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part, and (iii) commercially distribute, market, sublicense, resell or otherwise transfer the Software. You may not make any use of the Software in whole or in part that is not expressly permitted by these Terms. The Software is delivered in object code only. FaceSmooch may modify the functionality of the Software or the components at any time.
You acknowledge that during installation, the Software may apply changes to your Internet Browser. Such changes can be approved by you in advanced and can be reconfigured by you at any time from the options menu available in your Toolbar and/or in your Internet Browser. Such changes may include; a change the Default Homepage of your Internet Browser; the addition of a "page not found" functionality; allowing version updates of the Software; enabling search from the Address Bar; offering related terms to web searches; and changing the default tab of your internet browser.
IV. TERM
These Terms shall continue to be in effect perpetually, unless terminated earlier pursuant to the provisions herein. By permanently deleting the Software from Your systems and/or destroying all copies of Software in your possession, you may at any time terminate these Terms. FaceSmooch may terminate these Terms and the license granted pursuant thereto if you breach any of the Terms. Upon termination of these Terms for any reason, You shall permanently delete and/or destroy all copies of the Software. All provisions of these Terms relating to "OWNERSHIP", "LIMITATION OF LIABILITY AND WARRANTY", "PRIVACY AND LEGAL RIGHTS" and "GENERAL" shall survive the termination of these Terms.
V. LIMITATION OF LIABILITY AND WARRANTY
FACESMOOCH DOES NOT WARRANT THAT THE SOFTWARE AND ITS FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE ERROR-FREE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FACESMOOCH AND ITS THIRD PARTY LICENSORS, IF ANY, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
IN NO EVENT WILL FACESMOOCH OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE), BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF FACESMOOCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT FACESMOOCH, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE. YOUR SOLE RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO UNINSTALL AND CEASE USE OF SUCH SOFTWARE.
IF YOU ARE LOCATED IN A JURISDICTIONS THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THAN THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
VI. PRIVACY AND LEGAL RIGHTS
Protection of Your privacy is important to FaceSmooch. The FaceSmooch Toolbar is regularly monitored to maintain and enforce FaceSmooch’s Privacy Policies. You acknowledge that you have read and approved the policies of FaceSmooch posted from time to time at http://www.FaceSmooch.com.
FaceSmooch respects the legal rights of others. Please note that it is your responsibility to download and install Software only from entities You trust.
If you believe that your legal rights have been infringed while using the Software, please report it asap (please contact us at http://www.FaceSmooch.com). As soon as we receive your details, we will, examine your complaint and take necessary measures as we see fit.
VII. GENERAL
These Terms shall be governed by and interpreted under the laws of the British Virgin Islands (“BVI”), without regard to conflicts of provisions. All actions relating to these Terms and the Software shall be brought in the competent court in the BVI. The United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision of these Terms shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. FaceSmooch reserves the right, at our discretion, to update or revise these Terms. Please check the Terms periodically for changes. The continued use of the Software following the posting of any changes to the Terms, or notification to You of the changes, constitutes acceptance of those changes.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY ITS TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.
BY CLICKING ON THE AGREE BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS.
Updated: Jan, 2010