FACE MATCH TERMS OF USE

Date Last Modified: November 4, 2014



  1. INTRODUCTION

Please read these terms of use carefully as this document is a binding legal agreement (the “Agreement”) between you (“you”) and La Touraine, Inc. (the “Company,” “us,” or “our”) and governs your use of the website at www.pornfacematch.com (the “Site” or “Face Match”). By accessing or using the Site in any manner, you acknowledge that you have read and agree to be bound by the terms and conditions contained herein.

  1. FACE MATCHING SERVICE



      1. Face Matching Service. The Site provides an online face matching service that assists users in finding a porn star or performer who looks like someone the user knows (“Face Matching Service”).



      1. Company’s Use of Facial Recognition Technology. The Site uses facial recognition technology to perform the Face Matching Service. The facial recognition technology extracts certain image data, such as facial geometry, facial points, skin color, and hair color (“Image Data”), from users’ provided images and uses this data to compare and match faces with similar features to perform the Face Matching Service. When you provide an image to Face Match, the Company will use the Image and Image Data solely to perform the Face Matching Service.


      1. No Representations or Warranties. The Company makes no warranty, representation, or guarantee, implied or express, about the accuracy of the results produced by the Face Matching Service. Whether you believe two people look alike is a decision only you can make.


      1. User Choice About Image Data Collection. If you do not want the Company to collect and use the Image Data from your provided images for the Face Matching Service, do not provide an image via email or upload to Face Match.


      1. Deleting Image Data. To delete any Image Data collected from your provided images, you must terminate your Face Match account. The Company will immediately delete all of your provided images and their corresponding Image Data upon the termination of your account. If you do not have a Face Match account, the Company will delete your provided image and its corresponding Image Data within forty-eight (48) hours of the time you provided the image to the Company.



  1. GENERAL AGREEMENT



  1. Age Restriction. You must be at least 18 years old to use Face Match. By using Face Match, you represent and warrant that you are at least 18 years old and have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.



  1. Binding Agreement. The Agreement constitutes a binding legal agreement between you and the Company. The Agreement spells out the terms and conditions to which you and all users of Face Match are required to adhere. By creating a free account or by accessing or using Face Match in any manner, you acknowledge that you have read the Agreement, understand the Agreement, and agree to be bound by its terms and conditions. If you do not agree to be bound by this Agreement, you must leave Face Match immediately and discontinue all future access or use of Face Match.



  1. Separate Agreement. Face Match and this Agreement are separate and apart from the website and the terms of use agreement and privacy policy governing the site located at www.naughtyamerica.com. When visiting other websites, including other Company websites, you are bound by the terms of use agreements governing those sites. Please familiarize yourself with the terms of use agreements of each website you visit as the terms and conditions set forth in such agreements may materially differ from those contained herein. The Company is in no way bound or liable for any warranties or representations made in any terms of use agreements, or any like documents, for any other website, including other Company websites, in connection with the services offered through Face Match.



  1. Failure to Comply with the Agreement. Your failure to follow the terms and conditions of this Agreement, whether contained herein or posted at various times and places on Face Match, may result in suspension or termination of your access to Face Match, with or without notice, in addition to the Company’s other remedies.



  1. Changes to the Agreement. The Company reserves the right to modify, add, remove, or replace any terms or conditions of this Agreement at any time, and all such changes are effective upon posting the changes at http://pornfacematch.com/terms.php. It is your responsibility to check this Agreement periodically for changes. Your continued use of Face Match after the posting of any changes will constitute your acceptance of all such changes. From time to time, the Company may ask you to expressly accept the amended terms and conditions in order to continue using Face Match.



  1. Changes to Face Match. The Company reserves the right to change, suspend, discontinue, and/or limit your access to any part of Face Match, including without limitation, the availability of any service, feature, database, or Content (defined below) at any time for any reason, with or without notice, and without liability to the Company.



  1. SITE CONTENT



  1. Content Defined. The term “Content” shall mean any materials, including images, photographs, likenesses, graphics, videos, audio, text, updates, comments, hyperlinks, interlinks, software, scripts, data, logos, trademarks, copyrightable works, or other information, that are posted, published, uploaded, broadcast, displayed, downloaded or otherwise transmitted to or from Face Match.



  1. Nature of Content. YOU HEREBY ACKNOWLEDGE THAT THE SITE’S CONTENT MAY INCLUDE SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF SEXUALLY EXPLICIT ACTIVITY AND/OR SITUATIONS AND THAT YOU ARE FAMILIAR WITH AND NOT OFFENDED BY SUCH CONTENT.



  1. Use of Content. The Content is intended to be accessed and/or used exclusively by consenting adults who are in locations where such Content does not violate community standards or any applicable local, state, or federal law or regulation.



  1. Liability for Improper Use of Content. You agree to be personally liable and fully indemnify the Company and Agent (defined below) for any and all damages directly, indirectly, and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of Content. Such damages include, without limitations, loss of revenue, loss of profits, loss of property, fines, penalties, attorney’s fees, costs, and damages resulting from civil lawsuits, administrative actions, prosecution, and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).



  1. Content Posted by Third Parties. The Company is not liable or responsible for Content posted on or through Face Match by users. The Company claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act, 47 U.S.C. § 230, for Content posted on or through Face Match by users and nothing in this Agreement is intended to waive, remove, or usurp such immunity.



  1. LIMITED NON-EXCLUSIVE CONTENT LICENSE



      1. Proprietary Information. You acknowledge and agree that Face Match contains Content provided by the Company, its affiliates, and/or its licensors and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in or on any Content accessed through Face Match.



      1. Grant of License. Subject to the limitations set forth below and as otherwise set forth in this Agreement, the Company hereby grants you a limited, non-exclusive, non-sublicensable, and non-transferable license (the “License”) to use the Content, solely for personal, non-commercial use during the period in which you are a legitimate user of Face Match. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited, unless such use is expressly authorized by the Company. Except as provided in this paragraph, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any of the Company’s patents, trademarks, copyrights, or other proprietary rights. The License will terminate automatically if you fail to comply with the limitations described herein, breach any other provision of the Agreement, or are notified of termination of the License by the Company or its authorized agent(s).



      1. Limitations on License. You may make no use of Face Match or the Content not expressly authorized herein or by express written authorization from the Company. You agree to the following limitations and restrictions on your use of the Content and Face Match:



          1. You acknowledge and agree that the Company does not authorize the Content to be accessed, viewed, downloaded, used by, transmitted, broadcast, or otherwise disseminated to any person or entity located in any and all areas prohibited by law (“Prohibited Areas”);



          1. You acknowledge and agree that the Content is intended for your personal, non-commercial use and the Company does not authorize you to cause or enable others to access, view, download, receive or otherwise use the Content, directly or indirectly, including but not limited to (i) anyone under the age of eighteen (18) years or the age of majority, or (ii) any person located in Prohibited Areas;



          1. You acknowledge and agree that any and all unauthorized access, viewing, downloading, receipt, duplication, or other use of the Content in which you are directly or indirectly involved, shall constitute a material breach of the Agreement, intentional infringement(s) of the Company’s and potentially others’ trademarks, copyrights, intellectual property, and/or other rights including without limitation, the rights of privacy and publicity;



          1. You acknowledge and agree that you are prohibited from:



            1. Modifying, reproducing, redistributing, selling, creating derivative works from, translating, reverse engineering, decompiling and/or dissembling Face Match or the Content;

            2. Renting, leasing, licensing, or transferring any rights in Face Match or the Content;

            3. Removing any proprietary notices or labels from the Content;

            4. Using any data mining robots, or similar data gathering or extraction methods on Face Match;

            5. Using any measures that may interfere with or damage Face Match; and

            6. Making any other unauthorized use of Face Match or the Content.



  1. USER SUBMISSIONS AND RULES OF USAGE



      1. User Submissions Defined. Users may have the ability to contribute, post, upload, submit, distribute, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by users onto or through Face Match.



      1. Company Changes to User Submissions. The Company shall have the right to process, extract data from, delete, edit, modify, publish, display or reformat any of your User Submissions.



      1. Your Use of Face Match. You are responsible for all use of Face Match by you and by those you allow to use, or provide access to, Face Match. You may not create an account on Face Match for anyone other than yourself. You may not impersonate, imitate, or pretend to be someone else when accessing or using Face Match, either for personal purposes or to promote third party commercial interests. In using Face Match, you expressly agree that:



          1. You are responsible for ensuring that your User Submissions do not violate the copyright, trademark, trade secret, publicity rights, privacy rights, or any other personal, proprietary, or intellectual property rights of any party.



          1. You will not Submit any Content, including images, photographs, likenesses, or other visual materials, that represent or portray any person who is under the age of eighteen (18) years old or under the age of majority in that person’s community.



          1. You will use Face Match only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and/or criminal liability.



          1. You will not disrupt, overwhelm, attack, modify, reverse engineer, or interfere with Face Match or its associated software, hardware, and/or servers in any way, and you will not impede or interfere with others’ use of Face Match.



          1. You will not upload any third-party’s image to Face Match without their express consent.



          1. Your User Submissions will not constitute or include junk mail, spam, advertising, commercial offers, or material that includes instructions for weapon and/or explosive manufacture or use.



          1. You will not use Face Match to stalk, harass, bully, abuse, threaten, impersonate, or intimidate other people or entities.



          1. Your User Submissions will not contain any violent, discriminatory, defamatory, abusive, harassing, hateful, unlawful, obscene, or profane Content.



          1. You will not use Face Match for any antisocial, disruptive or destructive behavior, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the Internet.



      1. Use of Information Supplied by You. For information concerning the Company’s use of any information you Submit to Face Match, please see the Face Match Privacy Policy, available at www.pornfacematch.com/privacypolicy.php. Except as otherwise expressly provided in the Face Match Privacy Policy or in this Agreement, you agree that by Submitting any Content on or to Face Match, you represent, warrant, and affirm that you own and control and/or have obtained all the necessary rights, clearances, and releases to such Content and hereby grant the Company a royalty-free, perpetual, non-exclusive, unrestricted, transferable, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, display, or sublicense any such Content in any medium (now in existence or developed later) and for any purpose, including commercial purposes, and to authorize others to do so.



      1. Indemnification for User Submissions. The Company is not liable or responsible for any of your User Submissions. You agree to release, indemnify and hold harmless the Company and its agents from all claims resulting from your User Submissions, including, but not limited to, claims of copyright or trademark infringement, trademark dilution, trade dress infringement, false endorsement, false advertising, violation of “droit moral” rights, or invasion of rights of privacy and/or publicity.



      1. Public Access. You acknowledge and agree that information you disclose on publicly accessible portions of Face Match will be available to all users of Face Match.


  1. REGISTRATION AND ACCOUNT CREATION



  1. Registration Information. If you register for a free Face Match account, you will be required to provide your email address, a password, your zip code and gender. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.



  1. Prohibited Account Uses. You may not create an account on Face Match for anyone other than yourself. You may not impersonate, imitate, or pretend to be someone else when accessing or using Face Match.



  1. Use of Registration Information. The Company may use your registration information in accordance with the Privacy Policy posted at www.pornfacematch.com/privacypolicy.php. Be advised that by providing your email address you consent to receive email notifications and promotion materials from the Company. If you decide that you do not wish to receive these emails from the Company in the future, you may click on the “Unsubscribe” link provided in the footer of such emails.



  1. Unauthorized Use of Your Face Match Account. You agree not to allow others to use your Face Match account. You shall be solely responsible for all User Submissions Submitted and other activity on your Face Match account even if Submitted or performed by an unauthorized third party. You shall immediately notify the Company of any unauthorized use of your account or any other account-related security breach by emailing support@naughtyamerica.com.


  1. COPYRIGHT NOTIFICATIONS


  1. Notice of Copyright Infringement. If you believe that any Content appearing on Face Match has been used in a manner that infringes upon your copyrights, you or your authorized agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):


    1. An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;


    1. Identification of the Content that is claimed to be infringing or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on Face Match;


    1. Identification of the Content 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 the Company to locate the Content;


    1. Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, or e-mail address;


    1. A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and


    1. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company’s Copyright Agent is:

T. Sullivan

La Touraine, Inc.

110 West A Street, Suite 900C

San Diego, CA 92101

Telephone: (619) 237-5014

E-mail: tsullivan.copyrightclaims@latouraineinc.com


  1. Counter-Notice. If you believe that your Content was removed or disabled by mistake or misidentification, or that you have proper authorization to post and use the removed or disabled Content, you may send a counter-notice to our Copyright Agent containing the following information:


    1. Your physical or electronic signature;


    1. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;


    1. A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;


    1. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.


Our Copyright Agent may send a copy of any counter-notice to the original complaining party informing that party that the Company may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion. The Company has a policy of terminating repeat infringers.


  1. WARRANTIES, DISCLAIMERS, LIMITED LIABILITY, AND INDEMNITY


  1. Third Party Violations. The Company does not assure or warrant that third parties or other users will comply with any provision of this Agreement, and, as between you and the Company, you agree to assume all risk of harm or injury resulting from any such lack of compliance. You agree to release the Company from claims of every kind and nature, known and unknown, arising out of or in any way related to disputes between you and another user and/or any third party arising in connection with Face Match.


  1. No Warranties by the Company. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND IS MAKING FACE MATCH AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, FACE MATCH. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING FACE MATCH, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT FACE MATCH WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF FACE MATCH WILL BE UNINTERRUPTED OR ERROR-FREE.


  1. Disclaimer of Responsibility for Outbound Links. FACE MATCH MAY CONTAIN LINKS TO OTHER WEBSITES, INCLUDING THIRD PARTY AND OTHER COMPANY WEBSITES. YOUR SELECTION OF AN AD BANNER OR LINK MAY REDIRECT YOU FROM FACE MATCH TO A THIRD PARTY OR AN OTHER COMPANY WEBSITE. THESE WEBSITES, INCLUDING OUR OTHER WEBSITES, ARE GOVERNED BY THEIR OWN SEPARATE TERMS OF USE AGREEMENTS AND PRIVACY POLICIES. THE COMPANY HAS NO CONTROL OVER AND NO LIABILITY FOR ANY THIRD PARTY WEBSITES OR MATERIALS. TRANSACTIONS THAT OCCUR BETWEEN YOU AND ANY SUCH THIRD PARTY ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY AND ARE NOT THE RESPONSIBILITY OF THE COMPANY. THE COMPANY MAKES NO GUARANTEE ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH WEBSITES OR MATERIALS AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE WEBSITES OR MATERIALS. FURTHER THE INCLUSION ON ANOTHER WEBSITE OF ANY LINK TO FACE MATCH DOES NOT IMPLY ENDORSEMENT BY OR AFFILIATION WITH THE COMPANY. THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENTS OF SUCH OUTSIDE RESOURCES, AND YOU SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO THE THIRD PARTY ADMINISTRATOR OR WEBMASTER.


  1. The Company’s Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RELATED TO YOUR USE OF FACE MATCH, THE CONTENT AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY, EXCEPTING SUCH INJURY OR DAMAGES CAUSED BY THE COMPANY’S FRAUD, WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER, OR VIOLATION OF LAW BY THE COMPANY.


  1. Indemnity. You hereby agree to indemnify, defend, and hold harmless the Company and all of its related entities, subsidiaries and parent companies, advertising and promotion agencies and each of their heirs, successors, officers, directors, shareholders, employees, assigns, agents, attorneys, representatives, and any other person or entity now or hereafter affiliated with them, and each of them, of and from any and all claims, demands, causes of action, obligations, damages, losses to any person (including death) or property, penalties, reasonable attorneys’ fees, costs, and liabilities of any nature whatsoever, whether or not now known, suspected or claimed, arising out of any breach by you or any other user of your account, whether or not such user has your permission, of the Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall cooperate as fully as is reasonably required in the defense of any claim.


  1. MISCELLANEOUS


      1. Privacy Policy. The Company respects your privacy. A complete statement of the Face Match Privacy Policy is available at www.pornfacematch.com/privacypolicy.php and is expressly incorporated into this Agreement by this reference.


      1. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of Face Match must be filed within one (1) year after such claim arose. Otherwise, such claim is permanently barred.


      1. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to the principles of conflict of laws.


      1. Forum Selection. The parties hereto agree and consent to personal jurisdiction in the State of California for all actions or proceedings arising in connection with this Agreement and further agree that such actions or proceedings shall be tried and litigated exclusively in the State or Federal courts located in the State of California. This forum is intended by the parties to be mandatory and not permissive in nature, precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph.


      1. Entire Agreement and Severability. This Agreement and any other legal notice published by the Company on Face Match constitutes the entire agreement between the parties and supersedes all prior agreements and understandings with respect to the subject matter hereof. Should any provision of the Agreement be invalid, illegal, or unenforceable in any respect, such provision will not affect the validity and enforceability of any other part of the Agreement. Neither party is relying upon any warranties, representations, assurances, or inducements by the other party except as expressly set forth herein.


      1. Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s delay in asserting any right or provision under this Agreement shall not constitute a waiver of such right or provision.


      1. Force Majeure. The Company will not be in breach of the Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, if the Company makes reasonable efforts to perform.


      1. Territorial Restrictions. You will only use Face Match in a manner consistent with this Agreement and any and all applicable local, state, national, and international laws and regulations. Face Match is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company reserves the right to limit the availability of Face Match or any portion of its services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that the Company provides.


      1. Notice. When you visit or access Face Match or send e-mails to the Company, you are communicating with us electronically and thereby consent to receive communications from the Company electronically. The Company will communicate with you by sending an e-mail to the e-mail address associated with your account or by posting notices on Face Match. You agree that all agreements (including this Agreement), notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.


      1. Term and Termination of Agreement. This Agreement begins on the date you first access Face Match and continues until terminated in accordance with the provisions hereof. The Company may terminate your access to Face Match at any time, without notice, without cause, and without liability to the Company, which may result in the deletion of all information associated with your account. If you wish to terminate your account, you may do so through your “Edit Profile” page.


      1. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.


  1. ACKNOWLEDGED AND AGREED

BY CREATING AN ACCOUNT OR BY ACCESSING OR USING FACE MATCH IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND THE TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND REPRESENT AND WARRANT THAT YOU ARE CURRENTLY AT LEAST 18 YEARS OLD.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT ATTEMPT TO USE FACE MATCH IN ANY MANNER AND LEAVE NOW!