Terms and Conditions
1 - ACCOUNT TERMS
1. Be 18 years of age or older.
2. In order to access and use the services provided, you must register with a FACESTORE account ("Account") providing the full name, current address, telephone number, valid e-mail address and any other information indicated as necessary. FACESTORE may reject your Account request or cancel an Existing Account, for any reason, in our sole discretion.
3. You acknowledge that FACESTORE will use your provided e-mail address as the primary method of communication.
4. You are responsible for keeping your password secure. FACESTORE cannot and will not be responsible for any loss or damage of your failure to maintain the security of your account and password.
5. You are responsible for all activity and content, such as photos, images, videos, graphics, written content, audio files, code, information or data uploaded, collected, generated, stored, displayed, distributed, transmitted or displayed on or in connection with your account ("Materials").
6. A breach or breach of any term in the Terms and Conditions, including the Acceptable Use Policy (PUA), as determined in FACESTORE's sole discretion, will result in immediate termination of your services.
2 - ACCOUNT ACTIVATION
2.1. Facestore account
1. Subject to section 2.1.2, the person who subscribes to the Service will be the account owner ("Account Owner") for the purposes of our Terms and Conditions and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
2. If you sign up for the Service on behalf of your employer, your employer will be the Account Owner. If you sign up for the Service on behalf of your employer, then you represent and secure that you have the authority to bind your employer to our Terms of Service.
2.2 When creating an account in FACESTORE, it will automatically generate a sub domain for your store and will remain active while maintaining our active service. If you choose a domain of your own, you are responsible for its annual renewal.
3 - GENERAL CONDITIONS
1- Technical support is only provided to paid account holders and is available by email, chat and phone.
2- The Terms and Conditions are strict and interpreted according to the Portuguese laws, taking into account the principles of conflicts of laws. The parties inevitably and unconditionally submit to the exclusive jurisdiction of the Courts of the Comarca do Porto in relation to any dispute or claim arising or relating to the Terms and Conditions.
3- You acknowledge and agree that FACESTORE may change these Terms of Service at any time, where they will be posted and updated on FACESTORE's website, available here and such changes to the Terms and Conditions are effective since launch day. Your continued use of the Services after the Terms and Conditions are changed and posted on FACESTORE's website constitutes your consent and acceptance of the changed Terms and Conditions. If you do not agree to any changes in the Terms and Conditions, please do not continue to use the service.
4. The FACESTORE service may not be used for illegal or unauthorized purposes and may not, in the use of the service, violate any law in the jurisdiction, laws applicable to customers, or Portuguese laws. You will then comply with all laws, rules and regulations applicable to the use of the service.
5. You agree that you will never reproduce, duplicate, copy, sell, resell or exploit any part of the service, the use of the service or access to the service without the express written permission of FACESTORE.
6. You should not buy search engines or keywords (such as GoogleADWords), or name domains that use FACESTORE or FACESTORE reseller tags and / or variations and misspellings.
7. Questions about the Terms and Conditions should be sent to email@example.com.
8. Understand that your materials (not including credit card information) can be transferred unencrypted and involve: a- Transmissions across multiple networks.
b- Changes to adjust and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted when you transfer over networks.
10. The Terms of Service may be available in languages other than English. To the extent that any inconsistency or conflict between the Portuguese Terms and Conditions and the Facestore Terms and Conditions available in other languages, the most current Portuguese version of the Terms and Conditions at (https://facestore.pt/termos_e_condicos).
4 - FACESTORE'S RIGHTS
1. We reserve the right to modify or terminate the service for any reason, without prior notice and at any time. We reserve the right to refuse the service to any person for any reason and at any time.
2. We may but have no obligation to remove your materials and suspend or terminate accounts if we determine in our sole discretion that the offered products or services of a store or materials posted and posted in a store violate our Policy or these Terms and Conditions. Verbal or written abuse of any kind (including threats of abuse or retaliation) by any customer, employee or FACESTORE member will result in immediate termination of the account.
3. FACESTORE does not pre-select the materials and it is in our sole discretion to refuse or remove any data from the Service.
4. We have the right to provide our services to your competitors and we do not promise exclusivity in any particular market segment. You also acknowledge and agree that FACESTORE employees may also be FACESTORE customers or merchants who may compete with you, although FACESTORE does not have the right to use your confidential information in doing so.
5. In the event of a dispute over ownership of the account, we reserve the right to request documentation to determine or confirm ownership of the account. Documentation may include, but is not limited to, a copy of your business license, photo ID issued by the government, the last four digits of the credit card filed, etc.
6. FACESTORE has the right to determine, in our sole discretion, the legitimate ownership of the account and to transfer an account to the rightful owner. If we are not able to easily determine the legitimate Owner of the account, FACESTORE benefits from the right to temporarily deactivate an account until resolution is determined between the disputing parties.
We may modify, cancel or refuse the service at any time. In the event of a property dispute over an account, we may lock the account or transfer.
5 - LIMITATIONS OF LIABILITY
1. You understand and expressly agree that FACESTORE shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for abandoned profits, discounts, use, data or other intangible losses resulting from the use or inability to use the service.
2. Under no circumstances will FACESTORE or our suppliers be liable for any loss of profits or any other special, incidental or consequential damages arising out of or in connection with our website, our services or these Terms and Conditions (regardless of the origin, including negligence). You agree that you shall indemnify and hold harmless our subsidiaries, affiliates, FACESTORE partners, officers, directors, agents, employees and suppliers free from any claim or solicitation, including fees, attorneys, solicitors made by third parties. Due to or arising out of your violation of these Terms and Conditions or of the documents you incorporate by reference (including PUA), or your violation of any law or the rights of third parties.
3. The use of the service is at your own risk. The service is provided "as is" and "as available" without any warranty or condition, expressed, implied or statutory.
4. FACESTORE does not guarantee that the results that can be obtained with use of the service are accurate or reliable.
5. FACESTORE does not guarantee that the service is interrupted, timely, safe or error-free.
6. FACESTORE does not secure that the quality of any product, service, information or other materials purchased or purchased by you through the service will meet your expectations, or that any error in the service will be corrected.
WHAT DOES IT MEAN?
It means that we are not liable if we breach the law, breach this agreement or contradict the rights of third parties, especially if it is prosecuted. The service is "as is", so it may contain errors or interruptions and we make no warranties.
6- COMPLAINTS AND COMPLAINTS
The possible failure of FACESTORE to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions and documents incorporated by reference constitute the entire agreement between you and FACESTORE and govern your use of the Service, superseding any prior agreements between you and FACESTORE (including but not limited to any earlier version of the terms of service).
WHAT DOES IT MEAN?
If FACESTORE chooses not to apply any of these clauses at any time, this does not mean an abandonment of this right later.
7. INTELLECTUAL PROPERTY AND CUSTOMER CONTENT
1. We do not claim any intellectual property right over the Materials that you provide for the FACESTORE service. All materials submitted remain your own. You can also remove your FACESTORE store at any time by deleting your account.
2. By uploading your Materials, you agree to: allow other Internet users to view the Materials you provide publicly in your store; to allow FACESTORE to store and, in the case of the Materials it publicly discloses, display its Materials; and that FACESTORE may, at any time, confirm all Materials submitted to its Service, although FACESTORE is not obliged to do so.
3. Retains ownership over all of your Materials that you send to a FACESTORE store; however, by making your store public, you agree that other people see the products you make available in your store. You are responsible for the compliance of the Materials with any applicable laws or regulations.
4. Everything you send continues to be yours and your responsibility. We will not disclose your confidential information to third parties, except as required during the provision of our services. Confidential information includes any Materials or information provided by you to us that are not publicly known. Confidential data does not include information that: was in the public domain at the time it was received; enters into the public domain after we receive it without our fault; we receive from someone other than you without violating our obligations of confidentiality; or are required by law to disclose.
5. FACESTORE shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
Everything you send continues to be yours and your responsibility.
8. SHOP OF TEMPLATES
1. You can choose the look of your FACESTORE store with a FACESTORE template store design template. If the user uses a template, the user is licensed to use it only for a single store. The user is free to transfer a template to a second store if they close their first store. To start a transfer from a Template to a second store, please send an email to firstname.lastname@example.org. You are not allowed to transfer or sell a template to any other person's store in FACESTORE or elsewhere.
2. FACESTORE does not secure that a particular Template will remain available for additional purchases.
3. You can change the template to fit your store. FACESTORE may add or modify the FACESTORE footer in its sole discretion. FACESTORE may modify the Template where it contains, in our sole discretion, an element that violates the PUA or the Terms and Conditions, even if it has received the Template in that condition. FACESTORE may modify the Template to reflect changes and technical updates as necessary.
4. The intellectual property rights of the Template remain the property of FACESTORE or the designers with whom we work. If you exceed the rights granted by the purchase of a Template, FACESTORE or the designer may take legal action against you, and FACESTORE may take administrative action, such as modifying your store or closing it.
5. It is the responsibility of the user, not FACESTORE, to ensure that changing a template by editing the CSS file does not replace or damage the current user's template or interface. FACESTORE does not guarantee the proper functioning of the Template edited through the CSS file itself.
You can buy our templates to use in your store. You can modify our Template, but respect the designers who have their Templates, so do not infringe your rights. For template-related issues, contact FACESTORE. Please note that templates may disappear over time and are subject to change.
9. PAYMENTS OF FEES
1. You will pay the Service Subscription Fees (Plans) and any other applicable fees, including, but not limited to, fees related to the processing of transactions under your Account ("Transaction Fees") and any fees related to the purchase of any products or services, such as dispatch of orders, applications, SMS, templates, domain registration or third-party services. Subscription Fees, Transaction Fees and Additional Fees are called "Fees".
2. Plan Subscription Fees are prepaid and will be charged at intervals of 30, 180, 365 or 730 days, depending on the payment period chosen at the time of Subscription of the Service. Transaction Fees and additional fees will be discounted in the weekly payment cycle, at FACESTORE's discretion the user will be charged on the billing date for all outstanding fees that have not been charged previously. The fees will appear on an invoice, which will be sent to the account owner via the email provided. In addition, the rate summary will appear on the FACESTORE Administration backoffice's Current Accounts page, users have approximately two weeks to submit and resolve any problems with billing fees.
3. If we are not able to process the payment of the Fees using the Authorized Card, Paypal or Direct Debit, we will make a second attempt to process the payment using the payment method associated with your account 3 days later. If the second attempt is unsuccessful, we will make a final attempt 3 days after the second attempt. If our final attempt is unsuccessful, we may suspend and revoke access to your account. Your Account will be reactivated upon payment of any outstanding Fees, in addition to the Fees applicable to your next Billing Cycle. You will not be able to access your account during any suspension period. If Pending Fees are not paid for 30 days after the date of suspension, FACESTORE reserves the right to terminate your account.
4. All Fees are subject to Taxes under federal, provincial, state, local, or other jurisdictions, harmonized taxes or other taxes, fees or charges now in force or promulgated in the future ("Taxes").
5. You are responsible for all applicable taxes arising out of or resulting from your subscription or purchase of FACESTORE products and services. These taxes are based on the applicable billing address fees that you provide to us. These amounts are additional to the prices for such products and services and will be billed according to the selected payment method. If you are exempt from paying such taxes, you must provide us proof of your exemption, which in some jurisdictions includes an original certificate that meets the applicable legal requirements that attest to the tax exemption status. The tax exemption will apply only from the date we receive satisfactory evidence to FACESTORE of your exemption. If you do not receive a Tax collection from FACESTORE, you are responsible for determining whether the Taxes are due and, if so, sending the Taxes to the appropriate tax authorities in your jurisdiction.
6.You should keep your current location in the administration menu of your FACESTORE store and promptly update that location if you change jurisdiction. If you change jurisdictions, you should promptly update your location in the admin menu.
7. Facestore does not provide refunds.
10. CANCELLATION AND RECEIPT
1. You may cancel your account at any time by sending an e-mail to email@example.com and following the specific instructions indicated in FACESTORE's response, or you can access your backoffice and in the general settings delete your account account.
2. After termination of the Services by any of the parties and for any reason: FACESTORE will no longer provide you with the services and will no longer be able to access your account; unless otherwise provided in the Terms and Conditions, you will not be entitled to any refund of any fees, or otherwise; any balance due to FACESTORE for your use of the Services, up to the effective date of such termination, will be immediately settled and paid in full; and then your store's site will go offline.
3. If you purchased or obtained a domain name through FACESTORE, after the cancellation, your domain will no longer be renewed. After the cancellation, it will be your responsibility to deal with all matters related to your domain and domain provider. If you have obtained a domain through FACESTORE and intend to use it for purposes other than the use of the domain for your FACESTORE store, or if you intend to use it after the cancellation of the service contact us for information about the cost of the transfer domain. If, at the end of the service, there are any outstanding fees due to you, you will receive a final invoice by email. After the invoice is settled in full, it will not be charged again.
4. We reserve the right to modify or terminate the FACESTORE Service or your account for any reason, without prior notice and at any time.
Without limiting any other remedies, FACESTORE may suspend or terminate your account if we suspect that you (for conviction, agreement, insurance or deposit investigation, or otherwise) have engaged in fraudulent activity related to the site.
To start the cancellation process, send an email to firstname.lastname@example.org. FACESTORE will respond with specific information about this process of canceling your account and / or alternatively you can access your backoffice and proceed with the cancellation. Once the cancellation is confirmed, the domains acquired by FACESTORE will no longer be renewed automatically. If you cancel in the middle of your billing cycle, you'll only receive one last invoice per email. We may change or cancel your account at any time. Any fraud that may exist, FACESTORE will be responsible for suspending or canceling your account.
11. SERVICE MODIFICATIONS AND PRICES
1. The prices, related to the use of the Services of FACESTORE, are subject to change and may be changed without prior notice. If FACESTORE chooses to send this change, it can be provided at any time by posting the changes on the FACESTORE website (facestore.pt) or in the administration menu of your FACESTORE store through an advertisement.
2. FACESTORE reserves the right at any time and, on a regular basis, to modify or discontinue the service (or any part thereof) with or without prior notice.
3. FACESTORE shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue your service at any time and without any liability.
12. TERTIARY SERVICES
1. In addition to these Terms and Conditions, you also agree to comply with the additional service-specific terms applicable to services purchased or provided by FACESTORE's partners or third parties.
2. FACESTORE may, from time to time, recommend providing you access to or enabling third-party software, applications, products, services, or site links for your consideration or use. These third-party services will be made available only as a convenience, and your purchase, access or use of such Third-Party services is solely between you and the applicable third-party service provider. Any use of your part of the Third-Party Services provided through the Services or the FACESTORE website is entirely at your own risk and responsibility and it is your responsibility to read the terms and conditions and / or privacy policies applicable to such Third-Party services before use them. In some cases, FACESTORE may receive a profit share from third-party vendors that FACESTORE recommends for your business.
3. We have not provided any guarantee with the relationship with the tertiary services. You acknowledge that FACESTORE has no control over the Third-Party Services and will not be liable to anyone for the use of such third-party services. The availability of such services on FACESTORE websites, including the integration or activation of such third-party services with the services, does not constitute or imply guarantee, authorization, sponsorship or affiliation with FACESTORE. We do not warrant the availability of such third-party services and must acknowledge that we may disable access to such third-party services at any time, at its sole discretion and without notice. FACESTORE is not responsible for any person for the discontinuance or suspension of access or disability of any third-party service. We strongly recommend that you seek expert advice before using or relying on Third Party Services to ensure that they meet your needs.
4. If you install or enable a third-party service for your services, you are providing us with the authorization to allow the third-party provider to access your data and take other actions as necessary for interoperation of the Service with the Services, and any data exchange and or other interaction between you and your tertiary provider is solely between you and him. We are not responsible for any disclosure, modification or exclusion of your data or materials, or for any loss or damage corresponding to what you may suffer, as a result of access by a third-party service or a third-party provider to your data or materials.
5. Google Maps is a third-party service used in Services. Your use of the Service is subject to your acceptance of the Universal Acceptable Use Policy of Google Maps and Google Earth Enterprise, which may be changed by Google from time to time.
6. Under no circumstances shall FACESTORE be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages resulting from any Third-Party Services or contractual relationship with any Third-Party Provider, including any Specialist. These limitations will apply even if FACESTORE has been advised of the possibility of such damages. The abovementioned limitations shall apply to the maximum extent permitted by applicable law.
7. You agree that you shall indemnify as well as and (as applicable) our subsidiaries, affiliates, FACESTORE partners, officers, directors, agents, employees and suppliers exempt from any claim or solicitation, including fees, attorneys, solicitors made by third parties. Due to or arising out of your violation of these terms of service or the documents you incorporate by reference (including the AUP), or your violation of any of the rights or rights of others.
WHAT YOU MEAN?
We are not responsible for third party services, so use them at your own risk. If you use third-party services on the FACESTORE platform, you will be able to send your data to these services. As a user, you will be agreeing that we do not provide a warranty.
13. DMCAA NOTICE AND DECLINE PROCEDURE
FACESTORE supports the protection of intellectual property and asks FACESTORE traders to do the same. It is our policy to respond to all notices of possible copyright infringement. If someone believes that one of our merchants violates their intellectual property rights, they may send a DMCA Notice to the FACESTORE designated agent using our form. Upon receiving a notice from the DMCA, we may remove or disable access to your claimed products as a copyright infringement. After receiving a removal notice, the merchant can respond with a counter notification using our form if they object to the complaint. The original claimant has 14 business days after receiving a counter notification to request a court order in order to prohibit the merchant from participating in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Removal Procedure.
WHAT DOES IT MEAN?
Facestore respects intellectual property rights and the user must also do so. To be aware of a DMCA notice, we may disable access to or remove allegedly infringing content from your site. If you do not think the claim is valid, you can continue with a counter notification. If you believe that one of our merchants is violating your intellectual property rights, please send a notice to the DMCA to FACESTORE. We may block your access or remove the content and then notify the merchant. We have left a notice that we have posted all the notifications we receive.
14. PRIVACY AND DATA PROTECTION
WHAT DOES IT MEAN?