Terms & Conditions
Thank you for your interest in Face of Zimbabwe! Face of Zimbabwe owns and operates web site properties located at www.faceofzimbabwe.com (referred to as “Sites”) and also provides software applications for Facebook and other platforms, including Face of Zimbabwe (referred to as “Apps”).
Acceptance of the Terms.
The Terms consist of the terms and conditions on this page, as well as the terms included in the following additional policies which are hereby incorporated into these Terms by reference. Capitalized words and terms that are used, but not defined, in this document or in a particular policy may be defined elsewhere in the Terms. Please read these Terms (including the additional policies) carefully, as they govern your use of the Face of Zimbabwe.
User Content and Intellectual Property Policy. Face of Zimbabwe respects the intellectual property rights of others, and strictly prohibits infringing activity on the Face of Zimbabwe.
Accessing Face of Zimbabwe.
Eligibility. You must be an individual at least 13 years old to use Face of Zimbabwe. To use or register as a contestant in Face of Zimbabwe, you must be 17 years old, or 21 years old, depending on certain content included within the particular App. By using a particular App or other feature of the Face of Zimbabwe, you represent that you are at least the minimum required age (in no case less than 13 years old) and in any case that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, to abide by and comply with these Terms, and that you are accepting the benefit of the Face of Zimbabwe.
Access. Face of Zimbabwe grants you permission to access and use the Face of Zimbabwe as set forth in these Terms and consistent with the intended features of the Face of Zimbabwe, provided that: (i) you use the Face of Zimbabwe solely for your personal, private, noncommercial purposes; (ii) you do not reproduce, modify, publicly display, publicly perform, or distribute any part of the Face of Zimbabwe, including any materials obtained from or included within the Face of Zimbabwe (except that you may display solely in your Facebook profile "snapshots" of game play within an App that are generated using a feature of such App that creates such snapshots); and (iii) you do not engage in any of the prohibited uses described below.
Fees. Certain functions on the Face of Zimbabwe may now or in the future have fees associated with them, including, without limitation, license fees to access or download certain Apps, which we may modify or eliminate at any time in our sole discretion. Face of Zimbabwe may choose to temporarily change or waive the fees for Face of Zimbabwe services, such as for promotional events or new services, without liability to users who have already paid higher fees for the same services, and such changes are effective immediately upon posting through the Face of Zimbabwe.
Proprietary Rights Notice.
The content, visual interfaces, multimedia content (including musical works and sound recordings), features, information, graphics, design, compilation, computer code, software, products, and all other elements of the Site and the Apps provided by Face of Zimbabwe ("Face of Zimbabwe Materials") are the valuable proprietary and intellectual property of Face of Zimbabwe or its licensors. Face of Zimbabwe Materials are protected by applicable international, federal, and state laws, rules, and regulations relating to intellectual or proprietary property, including, but not limited to, patent, copyright, trademark and trade secret laws. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content, information or software. Any attempt to download, print, publish or maintain a significant portion of the content, information, or software from the Face of Zimbabwe in violation of these Terms or any applicable license, to distribute copies of such content, information or software, including any Apps, or to otherwise exploit the content, information or software in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms.
Prohibited Use Of The Face of Zimbabwe.
You agree not to use the Face of Zimbabwe or any aspect or feature thereof for any unlawful purpose or in anyway that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, do or attempt to:
Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site, Apps, Face of Zimbabwe Materials or User Content, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Face of Zimbabwe other than as intended;
Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Face of Zimbabwe, use of the Face of Zimbabwe, access to the Face of Zimbabwe, or content obtained through the Face of Zimbabwe (including without limitation Face of Zimbabwe Materials and User Content), for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
Access or use the Apps for any commercial or business purpose, including without limitation for comparative or competitive research purposes.
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Face of Zimbabwe, features that prevent or restrict the use or copying of any part of the Face of Zimbabwe, or features that enforce limitations on the use of the Face of Zimbabwe or any content therein;
Use any robot, spider, scraper, or other automated means of any kind to access the Face of Zimbabwe, except and solely to the extent permitted by these Terms and the features of the Face of Zimbabwe, deep-link to any feature or content on the Face of Zimbabwe, frame or otherwise enclose any Face of Zimbabwe trademark or any portion of the Face of Zimbabwe for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Face of Zimbabwe;
Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Face of Zimbabwe;
Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
Interfere with or disrupt the Face of Zimbabwe, networks or servers connected to the Face of Zimbabwe, or violate the regulations, policies or procedures of such networks or servers;
Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise); or
Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
Account Information & Responsibilities Of Registered Users
Responsibility for Account Activity
Your account is personal to you, and you may not allow any third party to access your account. As you will be responsible for all activity that occurs under your account, you should preserve the confidentiality of your username and password, and any device that you use to access the Face of Zimbabwe. If you have any reason to believe that your account has been compromised or accessed by a third party, you agree to immediately notify Face of Zimbabwe by e-mail to email@example.com. You are solely responsible for losses incurred by Face of Zimbabwe and others (including other users) due to any unauthorized use of your account that occur prior to notifying Face of Zimbabwe that your account was compromised.
Modification of the Terms
Third Party Content and Links
The Face of Zimbabwe may contain references or links to third-party materials (including, without limitation, web sites) not controlled by Face of Zimbabwe or its suppliers or licensors. Face of Zimbabwe provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Face of Zimbabwe is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Face of Zimbabwe. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Face of Zimbabwe are solely between you and such advertiser. YOU AGREE THAT Face of Zimbabwe WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE Face of Zimbabwe. When you leave the Face of Zimbabwe, these Terms no longer govern. You should review applicable terms and policies, including any relevant privacy policies, associated with any third party web sites, software, or services you utilize.
Your use of the Face of Zimbabwe may bring you into contact with other users, and their User Content, such as through networked game play, chat, and other user communication features of the Face of Zimbabwe. You are solely responsible for your involvement with other users. If you have a dispute with one or more Users, you release Face of Zimbabwe (and Face of Zimbabwe’ officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
By Face of Zimbabwe. Face of Zimbabwe, in its sole discretion and for any reason or may terminate any user or user account (or any part thereof) you may have on the Face of Zimbabwe, disable your access to the Face of Zimbabwe (or any part thereof), discontinue the Face of Zimbabwe and any related services including support (or any part thereof), or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that Face of Zimbabwe shall not be liable to you or any third-party for any such termination. Face of Zimbabwe does not permit unlawful, infringing, fraudulent, or otherwise illegitimate activities on the Face of Zimbabwe, and reserves the right to terminate access to the Face of Zimbabwe, or halt, suspend, or terminate prizes (whether proposed, pending or past) in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. Face of Zimbabwe will not have any responsibility to deliver or allow you access to any of your User Content or other information you may have stored with Face of Zimbabwe in connection with your use of the Face of Zimbabwe. These remedies are in addition to any other remedies Face of Zimbabwe may have at law or in equity.
If you are dissatisfied with the Face of Zimbabwe, then please let us know by e-mailing us at firstname.lastname@example.org. Your only remedy with respect to any dissatisfaction with (i) the Face of Zimbabwe, (ii) any of these Terms, (iii) any policy or practice of Face of Zimbabwe in operating the Face of Zimbabwe, or (iv) any content or information transmitted or made available through the Face of Zimbabwe, is to terminate your use of the Face of Zimbabwe. You may terminate your use by closing your account, discontinuing your use of any and all parts of the Face of Zimbabwe, or providing Face of Zimbabwe with notice of termination at email@example.com.
Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 4, and 9 through 19, and the Intellectual Property Policy.
Certain content, information or software you access through the Face of Zimbabwe may contain confidential information of Face of Zimbabwe. You agree to keep Face of Zimbabwe’ information confidential by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit or transfer Face of Zimbabwe’ information to any third party or use Face of Zimbabwe’ information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to Face of Zimbabwe’ confidential information, whether or not deemed trade secret under applicable law, remain in effect until such time as the particular information becomes publicly known through no action by you.
You agree to indemnify and hold harmless Face of Zimbabwe and its affiliates, licensors, and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Face of Zimbabwe; (ii) your User Content; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Content infringes or violates any third party intellectual property rights. Face of Zimbabwe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter that you are required to indemnify Face of Zimbabwe for without the prior written consent from Face of Zimbabwe. Face of Zimbabwe will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE FACE OF ZIMBABWE (INCLUDING, WITHOUT LIMITATION, THE SITE, THE APPS, ANY CONTENT, OR ANY OTHER SERVICE OR INFORMATION PROVIDED BY FACE OF ZIMBABWE), USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FACE OF ZIMBABWE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FACE OF ZIMBABWE AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FACE OF ZIMBABWE AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE FACE OF ZIMBABWE OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY APPS AND USER CONTENT, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, SOFTWARE, CONTENT, OR DATA THROUGH THE FACE OF ZIMBABWE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE FACE OF ZIMBABWE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. YOU UNDERSTAND AND AGREE THAT USE OF THE APPS, INCLUDING OVERUSE, IMPROPER USE, USE WHILE DRIVING OR OPERATING OTHER MACHINERY OR ENGAGING IN OTHER ACTIVITIES, OR FAILURE TO BE AWARE OF YOUR SURROUNDINGS OR KEEP A FIRM GRIP ON ANY HANDHELD DEVICE YOU USE TO ACCEESS THE APPS, COULD RESULT IN HARM OR INJURY TO YOURSELF OR OTHERS AND DAMAGE TO SUCH DEVICE, OR TO OTHER PROPERTY, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH HARM, INJURY, OR DAMAGE.
FACE OF ZIMBABWE MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO PARTICIPATE IN ANY CONTEST OFFERED ON OR IN CONNECTION WITH THE FACE OF ZIMBABWE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH Face of Zimbabwe HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
Limitation of Liability
IN NO EVENT WILL FACE OF ZIMBABWE OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE FACE OF ZIMBABWE OR ITS CONTENT, INCLUDING USER CONTENT, OR ANY OTHER LINKED WEB SITE, APPLICATION, OR OTHER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF FACE OF ZIMBABWE OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FACE OF ZIMBABWE OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY WHICH EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID FACE OF ZIMBABWE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
Limitations; Basis of the Bargain
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FACE OF ZIMBABWE, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FACE OF ZIMBABWE, FACE OF ZIMBABWE’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT FACE OF ZIMBABWE WOULD NOT BE ABLE TO OFFER THE FACE OF ZIMBABWE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
Choice of Law; Forum
These Terms shall be governed in all respects by the laws of the European Union as they apply to agreements entered into and to be performed entirely within EU between EU residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Face of Zimbabwe must be resolved by a court located in EU, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within EU, for the for the purpose of litigating all such claims or disputes.
Face of Zimbabwe may provide you with notices by electronic mail, regular mail or postings on the Face of Zimbabwe. If Notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless Face of Zimbabwe is notified that the electronic mail address is invalid. If notice is provided by posting through the Face of Zimbabwe, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Face of Zimbabwe. In such case, notice will be deemed given three days after the date of mailing.
This is the entire agreement between you and Face of Zimbabwe relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Face of Zimbabwe with respect to said subject matter. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in the Section 8 ("Modification of the Terms"), above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of Face of Zimbabwe to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Face of Zimbabwe as a result of these Terms or use of the Face of Zimbabwe. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and Face of Zimbabwe other than pursuant to these Terms. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Face of Zimbabwe without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.