Please, read these Terms of Use (collectively with Selfy Technologies, LLC.’s Privacy Policy https://selfyapp.co/privacy.html and Terms of Use https://selfyapp.co/terms.html, the “Terms of Use”) fully and carefully before using the services, features, content or applications offered by Selfy Technologies, LLC. (“Selfy”, “we”, “us” or “our”) (collectively, the “Services”), including without limitation Selfy’s website at https://selfyapp.co/ (the “Site”). These Terms of Use set forth the legally binding terms and conditions for your use of the Services.
1.1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site or submitting your User Photos to us, you agree to these Terms of Use and all other operating rules, policies and procedures that may be made available from time to time on or through the Services by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
1.2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
1.3. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
2.1. If you are under age 13, you may not, under any circumstances or for any reason, register for an Account (defined below) or use the Services. If you are under age 18, you may only use the Services under the supervision of an adult, in which case the adult shall be deemed the user of the Services and shall be responsible for any and all activities. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. By using the Services, you represent and warrant that you meet all eligibility criteria set forth in these Terms of Use. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
3.1. To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You are solely responsible for the activity that occurs on your Account, for keeping your Account credentials secure and for preventing unauthorized access to your Service Device (defined below). You acknowledge and agree that we may rely on any communications, instructions and authorizations sent to us (a) through the Services; (b) from your Account or (c) from any device using the phone number you provided when you created your Account (or as updated by you from time to time) (a, “Service Device”) as being sent by you. If the option is available, you may be able to register for or access the Services through a third party authentication mechanism, such as your social media account (e.g. Instagram, Facebook, etc.) (each an example of connecting through a “Third Party Account”). By using or accessing the Services through or in connection with a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. Furthermore, if you provide us with login credentials for any of your Third Party Accounts, either during registration or any time during your use of the Services, you authorize us to use such credentials in accordance with our Privacy Policy https://selfyapp.co/privacy.html.
4.1. Definition.
For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, photos, illustrations, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For clarity, Content also includes any tools and features we use to modify your User Photos (defined below) as well as the modifications themselves, such as any text, photos, illustrations, videos, audio, graphics, and interactive features added to your User Photo (“Enhancements”) to create the modified photo (an “Enhanced Photo”). For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
4.2. Notices and Restrictions.
Certain Content made available on the Services is specifically provided by us, our partners or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
4.3. Use License.
Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
4.4. Availability of Content.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Content from the Services.
4.5. Responsibility for Content.
You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk, and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
5.1. Definition.
“User Content” means any Content you post, upload, share, store, or otherwise provide through the Services, whether publicly posted or privately transmitted. User Content includes any photos you submit to us in connection with your receipt or use of the Services (“User Photos”). You are responsible for ensuring that all your User Content conforms to the requirements and restrictions set forth in these Terms of Use. For clarity, although the underlying User Photo is User Content, Enhancements and Enhanced Photos are not.
5.2. Ownership.
First and foremost, you retain your rights in your User Content, including your User Photos, and despite the license grants you make to us in connection with the Services, you can continue to use such User Content in any way you want (provided you do not grant any rights to the User Content that interfere with the rights and licenses you grant to us).
5.3. License Grant.
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successor’s and assign’s) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You acknowledge and agree that the foregoing license includes the right to (i) use, edit, modify, truncate, aggregate, reproduce, prepare derivative works of, and display your User Photos to create Enhanced Photos and (ii) make changes to your User Content, including your User Photos, to conform and adapt the User Content to the technical requirements of connection networks, devices, services, or media.
5.4. User Content Shared Publicly.
If you share any of your User Content publicly on the Services and/or in a manner that more than just you or certain specified users can view (“Public User Content”), then, in addition to the license grants set forth above, you grant us a license to display, perform, and distribute your Public User Content for the purpose of making that Public User Content accessible to all users of the Services. You also grant all other users of the Services a license to access that Public User Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.
5.5. Representations and Warranties.
You represent and warrant that (i) you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights and (ii) all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, regulations and third party policies, including without limitation the terms of use of any applicable social media platforms or services.
5.6. Proprietary Rights.
You understand and acknowledge that although you retain all your rights in and to your User Photos, Selfy and/or its licensors owns the Services and all rights, title and interest thereto and all portions thereof, including without limitation in and to any Enhancements. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy, modify or download certain Content (such as through your Third Party Accounts); but please remember all requirements and restrictions contained herein still apply when you are engaging in such use.
5.7. Sharing Content via Social Media Services.
Certain features of the Services may allow you to share information with others, including through your social media networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize us to share that information with the applicable Third Party Service. Please review the policies of any Third Party Services you share information or Content with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
5.8. Photo Tagging.
By using the Services, you acknowledge and agree that we may post your User Photos and/or Enhanced Photos, or some derivative thereof, on our company-branded social media channels. You further acknowledge and agree that we may “tag” you in such post(s), using your social media username, handle or other identifier, which may make such Content viewable to others, including without limitation other users of such services, in accordance with your account settings for such services.
6.1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
6.2. You shall not (and shall not permit any third party to) either take any action or upload, post, submit or otherwise distribute or provide any Content on or through the Service, including without limitation any User Content, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); or (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party.
6.3. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party provider’s) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
6.4. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder or (iv) use the Services to conduct any benchmarking or similar tests or reports. You shall abide by all applicable local, state, national and international laws and regulations.
6.5. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests or (v) protect the rights, property or safety of us, our users and the public.
7.1. We reserve the right but do not have any obligation to remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason. We neither endorse nor guarantee the accuracy, propriety, or timeliness of any third party Content or User Content. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate, or that the Content on the Services reflects updated information.
8.1. As part of the Services, we communicate with you by sending you SMS, MMS or other text messages (“Text Messages”). Please note that text messaging fees may apply to the sending or receipt of Text Messages. By registering for an Account, you hereby consent to receiving Text Messages from us to your Service Device. You may opt out of receiving such messages in the future as described in our Privacy Policy, but the Services may not work properly if you do opt out.
9.1. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources (“Third Party Services”), you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
10.1. We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.
11.1. We welcome and encourage any suggestions, ideas, comments or other feedback you provide to us regarding the Services (“Feedback”). You acknowledge that any Feedback shall become our sole and exclusive property without any compensation to you. We may, in our sole discretion, decide whether to use the Feedback in any of our products and services. You hereby assign to us all of your right, title and interest in the Feedback, including but not limited to all copyrights, patent rights, trade secrets and trademarks.
12.1. Paid Services.
Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our Paid Services page for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
12.2. Billing.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
12.3. Payment Method.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
12.4. Recurring Billing.
Some of the Paid Services may consist of recurring period charges. By choosing a Service with a recurring payment plan (a “Subscription Service”), you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, contact us at [email protected].
12.5. Current Information Required.
You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, debit/credit card number, or debit/credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your account or service device. Changes to such information can be made by contacting us at [email protected]. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
12.6. Change in Amount Authorized.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
12.7. Auto-Renewal for Subscription Services.
Unless you opt out of auto-renewal, which can be done by contacting us at [email protected], any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, contact us at [email protected]. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; however, your subscription will not be renewed after your then-current term expires. You won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
12.8. Reaffirmation of Authorization.
Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
12.9. Refunds.
No refunds are issued. Once a purchase is made for or through the Services, no refunds will be issued.
12.10. Overage Fees.
Overage fees may apply to your use of some or all of the Services, including certain features or tools made available in connection with the Services. You are responsible for all overage fees incurred in connection with your use of the Services.
12.11. Free Trials and Other Promotions.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at [email protected].
13.1. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by emailing us at [email protected]. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14.1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services, what Content you access via the Services; or how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
14.2. The services and content are provided "as is", "as available" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements. Your use of the services is solely at your own risk.
14.3. You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
15.1. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, agents, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorney’s fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using your Account, Service Device or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
16.1. In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (a) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising); (b) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (c) for any direct damages in excess of (in the aggregate) of the greater of (a) fees paid to us for the particular services during the immediately previous three (3) month period or (b) $500.00.
17.1. Any dispute or claim arising out of or related to this Agreement, or breach or termination thereof, will be finally settled by binding arbitration in the city of New York, NY, United States pursuant to the International Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) then in effect by a single JAMS arbitrator with substantial experience in resolving complex commercial contract disputes. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will apply NY law to the merits of any dispute or claim, without reference to rules of conflict of law, and shall have the authority to award any and all available remedies, including legal and equitable relief. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator. The arbitral proceedings and all pleadings and written evidence shall be in the English language. Any written evidence originally in a language other than English shall be submitted in English translation accompanied by the original or true copy thereof. The prevailing party will be entitled to receive from the non-prevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues. Contractor hereby consents to the arbitration in the State of NY in the city of New York.
18.1. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via SMS, email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Use in effect at the time of such use.
19.1. Entire Agreement and Severability.
These Terms of Use are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
19.2. Force Majeure.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
19.3. Assignment.
These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
19.4. Agency.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
19.5. Notices.
Unless otherwise specified in these Term of Service, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected].
19.6. No Waiver.
Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
19.7. The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.
20.1. If you have any questions about terms using the Services, please send us a detailed message to [email protected]. We will make every effort to resolve your questions.