Terms of Service
Last updated: April 28, 2020
Please read these terms of service carefully before using Our service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of service:
- HAVE YOU READ YOUR CONTRACT? is a modern-digital-colonial text publishing archive, a series of word analysis that reveals the modern-colonial contexts/words in 'Terms of Service (ToS)'. ToS is a modern working/slavery contract in digital colonial society, where big companies are dominating the power structures via ToS to deceive users. The project introduces the resemblance of colonial treaties in historical colonialism to the digital society by mapping out the whole architecture of language used in ToS comparing with historical colonial treaties.
- DIGITAL TEXT PUBLISHING ARCHIVE means a digital (repository) infrastructure of text material that I desire to keep for a long-term preservation. It is evident that not much of digital material will survive[1](Zelkowitz, 2003): Advances in Computers: Information Repositories edited by Marvin Zelkowitz. Archiving is important in digital age as a preservation tool because of perpetual changes in digital platform. This platform archives collections of related informations about my project including news articles, videos, books, tweets ... to proffer knowledges I gleaned from the web. The archive will contain different analyzations on the modern-colonial words and contexts.
- WORD ANALYSIS is very important because of obfuscation of language in ToS. Usually ToS are made with polite and generic language to deceive users. By using these general terms, those big tech companies try to wash their hands of responsibility and disclaim their liability to back up themselves. Similarly to the language of ToS, the terminology in treaties are phrased in an equivocally circuitous manner that it's indirect. Therefore, vernaculars used in English ToS, which has similarities to colonial treaties will be discovered by analyzing the words that were used during this period.
- OBFUSCATION OF LANGUAGE: Terms of Service tend to obfuscate its meaning of contexts by having a way too long texts, so that users don't read them and just click accept. Usually, ToS are written in impenetrable legalise, intentionally vague and generic language that designed to make it impossible to deceive users. During colonial times, obfuscation of language was happening in colonial treaties as well.
- COLONIAL TREATIES are known as agreements, pacts and major contracts made between countries during colonial times. It was a formally concluded agreement between a colonizer and a colony, these treaties are a binding formal agreement that establishes obligations between two or more subjects. Most of the time, colonial treaties were coercively made by a colonizer. It was very common that colonial treaties were slanted in favour of the colonizer, and pushed to sign it without knowing that sovreignty or jurisdiction will be infringed. One of the example would be, a treaty of Ganghwa Island
made between Japanese and Korean. They used a term called 'Unequal treaty' to refer that the treaty had generally regarded as an unequal treaty coerced by Japan. By doing so, the Empire of Japan had a full control over rullig Korean Empire [2](Duus, 1998):The Abacus and the Sword: The Japanese Penetration of Korea. University of California Press. - DIGITAL COLONIAL SOCIETY: It is a concept based on a digital society that every aspect of lives is profoundly being affected by the domination of digital technology where user's online behavior becomes monetisable commodity to be sold by big corporationsgiving them direct power over political, economic and cultural domains of life, and users don't properly get paid. This ingenious ways of extracting cheap labour from users show similar ways of exploitating natural/human resources in colonial times.
(+)Although it is clear that the modes, intensities, scales, and contexts of today's digital colonialism are distinctive from the historical colonialism, the underlying power structures remain the same (Couldry, 2019) Of course, this doesn't mean that the transformation of colonialism has done fully identical. Unlike a historical colony that was bounded mostly by geographical locations, a digital colony has no physical borders. There are no geographical locations, there are only IP addresses, domain names, and user's data. Therefore, digital colonialism expands by exploiting more layers of human life itself through the use of technology (Couldry, 2019). - THE IDEA OF COLONIALISM seems to be an eternal loop that comes back throughout history. It is essential not to ignore that digital colonialism is applicable to countries regardless of the history.
- TERMS OF SERVICE (TOS) is also known as terms of use and terms and conditions, commonly abbreviated as (ToS) are the legal agreements between a service provider and a person who wants to use that service. This means these Terms of service that form the entire agreement between You and the Company regarding the use of the service. This Terms of service agreement as been created with the help of Terms of service Generator.
- COMPANY (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Have You Read Your Contract?.
- COUNTRY refers to: Netherlands
- DEVICE means any device that can access the service such as a computer, a cellphone or a digital tablet.
- SERVICE refers to the Website.
- THIRD-PARTY SOCIAL MEDIA SERVICE means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the service.
- WEBSITE refers to Have You Read Your Contract?, accessible from www.haveyoureadyourcontract.com
- YOU means the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.
[1] (Zelkowitz, 2003): Advances in Computers: Information Repositories edited by Marvin Zelkowitz
[2] (Duus, 1998): The Abacus and the Sword: The Japanese Penetration of Korea. University of California Press.
Contents
This archive presents the following ToS such as
1 Eligibility
You must be at least 13 years of age to access or use our Services . If you are under 18 years of age ( or the age of legal majority where you live ) , you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement . If you are a parent or legal guardian of a user under the age of 18 ( or the age of legal majority ) , you agree to be fully responsible for the acts or omissions of such user in connection with our Services . If you are accessing or using our Services on behalf of another person or entity , you represent that you are to accept this Agreement on that person or entity ’ s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates this Agreement .
2 User Accounts and Account Security
If you choose to login to the Services via a third-party platform or media network , you will need to use your credentials ( e.g. , username and password ) from a third-party online platform . You must maintain the security of your third party account and promptly notify us if you discover or suspect that someone has accessed your account without your . If you permit others to use your account credentials , you are responsible for the activities of such users that occur in connection with your account .
3 Privacy
Please refer to our Privacy Policy for information about how we collect , use and disclose information about you .
4 User Content
Our Services may allow you and other users to create , post , store and share content , including photos , videos , , text , software and other materials ( collectively , “ User Content ” ) . User Content does not include user-generated filters . Subject to this Agreement and the Privacy Policy , you retain all rights in and to your User Content , as between you and FaceApp . Further , FaceApp does not claim ownership of any User Content that you post on or through the Services . You grant FaceApp a nonexclusive , royalty-free , worldwide , fully paid license to use , reproduce , modify , adapt , create derivative works from , distribute , perform and display your User Content during the term of this Agreement solely to provide you with the Services .
You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions , and you hereby agree that FaceApp may place such advertising and promotions on the Services or on , about , or in conjunction with your User Content . The manner , mode and extent of such advertising and promotions are subject to change without specific notice to you . You acknowledge that we may not always identify paid services , sponsored content , or commercial communications as such .
You represent and warrant that : ( i ) you own or otherwise have the right to use the User Content modified by you on or through the Services in accordance with the rights and licenses set forth in this Agreement ; ( ii ) you agree to pay for all royalties , fees , and any other monies owed by reason of User Content you stylize on or through the Services ; and ( iii ) you have the legal right and capacity to enter into this Agreement in your jurisdiction .
You may not create , post , store or share any User Content that violates this Agreement or for which you do not have all the rights necessary to grant us the license described above . Although we have no obligation to screen , edit or monitor User Content , we may delete or remove User Content at any time and for any reason .
FaceApp is not a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage . FaceApp will not be liable to you for any modification , suspension , or discontinuation of the Services , or the loss of any User Content .
5 Prohibited Conduct and Content
You will not violate any applicable law , contract , intellectual property or other third-party right or commit a tort , and you are solely responsible for your conduct while accessing or using our Services . You will not :
Engage in any harassing , threatening , intimidating , predatory or stalking conduct ; Use or attempt to use another user ’ s account without from that user and FaceApp ; Use our Services in any manner that could interfere with , disrupt , negatively affect or inhibit other users from fully our Services or that could damage , disable , overburden or impair the functioning of our Services in any manner ; Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services ; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not to access ; Develop or use any third-party applications that interact with our Services without our prior written , including any scripts designed to scrape or extract data from our Services ; Use our Services for any illegal or purpose , or engage in , encourage or promote any activity that violates this Agreement . You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose . You may not create , post , store or share any User Content that :
- Is unlawful , libelous , defamatory , obscene , pornographic , indecent , lewd , suggestive , harassing , threatening , invasive of privacy or publicity rights , abusive , inflammatory or fraudulent ;
- Would constitute , encourage or provide instructions for a criminal offense , violate the rights of any party or otherwise create liability or violate any local , state , national or international law ;
- May infringe any patent , trademark , trade secret , copyright or other intellectual or proprietary right of any party ;
- Contains or depicts any statements , remarks or claims that do not reflect your honest views and experiences ;
- Impersonates , or misrepresents your affiliation with , any person or entity ; Contains any unsolicited promotions , political campaigning , advertising or solicitations ;
- Contains any private or personal information of a third party without such third party ’ s ;
- Contains any viruses , corrupted data or other harmful , disruptive or destructive files or content ; or
- Is , in our sole judgment , objectionable or that restricts or inhibits any other person from using or our Services , or that may expose FaceApp or others to any harm or liability of any type .
- In addition , although we have no obligation to screen , edit or monitor User Content , we may delete or remove User Content at any time and for any reason .
6 Limited License ; Copyright and Trademark
Our Services and the text , graphics , images , photographs , videos , illustrations , trademarks , trade names , page headers , icons , scripts , service marks , logos , slogans , filters , user generated filters and other content contained therein ( collectively , the “ FaceApp Content ” ) are owned by or licensed to FaceApp and are protected under both United States and foreign laws . Except as explicitly stated in this Agreement , FaceApp and our licensors reserve all rights in and to our Services and the FaceApp Content . You are hereby granted a limited , nonexclusive , nontransferable , non-sublicensable , revocable license to access and use our Services and FaceApp Content for your own personal use ; however , such license is subject to this Agreement and does not include any right to : ( a ) sell , resell or commercially use our Services or FaceApp Content ; ( b ) copy , reproduce , distribute , publicly perform or publicly display FaceApp Content , except as expressly permitted by us or our licensors ; ( c ) modify the FaceApp Content , remove any proprietary rights notices or markings , or otherwise make any derivative uses of our Services or FaceApp Content , except as expressly set forth in this Agreement ; ( d ) use any data mining , robots or similar data gathering or extraction methods ; or ( e ) use our Services or FaceApp Content other than as expressly provided in this Agreement . Any use of our Services or FaceApp Content other than as specifically herein , without our prior written , is strictly prohibited and will terminate the license granted under this Agreement . You will not remove , alter or conceal any copyright , trademark , service mark or other proprietary rights notices incorporated in or the FaceApp Content .
7 Feedback
Any questions , comments , suggestions , ideas , original or creative materials or other information you submit about FaceApp or our products or Services ( collectively , “ Feedback ” ) , is non-confidential and we have no obligations ( including without limitation obligations of confidentiality ) with respect to such Feedback . You hereby grant to FaceApp a fully paid , royalty-free , perpetual , irrevocable , worldwide , non-exclusive , and fully sublicensable right and license to use , reproduce , perform , display , distribute , adapt , modify , re-format , create derivative works of , and otherwise commercially or non-commercially exploit in any manner , any and all Feedback , and to sublicense the foregoing rights , in connection with the operation and maintenance of the Services and/or FaceApp ’ s business .
8 Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who repeatedly infringe the intellectual property copyright rights of others upon prompt notification to us by the copyright owner or the copyright owner ’ s legal agent . Without limiting the foregoing , if you believe that your work has been copied and posted on or through the Services in a way that constitutes copyright infringement , please provide our Copyright Agent with the following information : ( a ) an electronic or physical signature of the person to act on behalf of the owner of the copyright interest ; ( b ) a description of the copyrighted work that you claim has been infringed ; ( c ) a description of the location on the Services of the material that you claim is infringing ; ( d ) your address , telephone number and e-mail address ; € a written statement by you that you have a good faith belief that the disputed use is not by the copyright owner , its agent or the law ; and ( f ) a statement by you , made under penalty of perjury , that the above information in your notice is accurate and that you are the copyright owner or to act on the copyright owner ’ s behalf . Contact information for FaceApp ’ s Copyright Agent for notice of claims of infringement is as follows : Yaroslav Goncharov , Designated DMCA Copyright Agent , FaceApp Inc , 1000 N West Street , Suite 1200 , Wilmington , Delaware , 19801 .
9 Indemnification
To the fullest extent permitted by applicable law , you will indemnify , defend , and hold harmless FaceApp and each of our respective officers , directors , agents , partners and employees ( individually and collectively , the “ FaceApp Parties ” ) from and against any loss , liability , claim , demand , damages , expenses or costs ( “ Claims ” ) arising out of or to ( a ) your access to or use of our Services ; ( b ) your User Content or Feedback ; ( c ) your violation of this Agreement ; ( d ) your violation , misappropriation or infringement of any rights of another ( including intellectual property rights or privacy rights ) ; or ( e ) your conduct in connection with our Services . You agree to promptly notify FaceApp Parties of any third party Claims , cooperate with FaceApp Parties in defending such Claims and pay all fees , costs and expenses associated with defending such Claims ( including , but not limited to , attorneys ’ fees ) . You also agree that the FaceApp Parties will have control of the defense or settlement of any third party Claims . This indemnity is in addition to , and not in lieu of , any other indemnities set forth in a written agreement between you and FaceApp or the other FaceApp Parties .
10 Disclaimers
We do not control , endorse or take responsibility for any User Content or third-party content available on or linked to by our Services .
Your use of our services is at your sole risk . Our services are provided “ as is ” and “ as available ” without warranties of any kind , either express or implied , including , but not limited to , implied warranties of merchantability , fitness for a particular purpose , title , and non-infringement . In addition , faceapp does not represent or warrant that our services are accurate , complete , reliable , current or error-free . While faceapp attempts to make your access to and use of our services safe , we can not and do not represent or warrant that our services or servers are free of viruses or other harmful components . You assume the entire risk as to the quality and performance of the services .
11 Limitation of Liability
Faceapp and the other faceapp parties will not be liable to you under any theory of liability—whether based in contract , tort , negligence , strict liability , warranty , or otherwise—for any indirect , consequential , exemplary , incidental , punitive or special damages or lost profits , even if faceapp or the other faceapp parties have been advised of the possibility of such damages .
The total liability of faceapp and the other faceapp parties , for any claim arising out of or relating to this agreement or our services , regardless of the form of the action , is limited to the amount paid , if any , by you to access or use our services .
The limitations set forth in this section will not limit or exclude liability for the gross negligence , fraud or intentional misconduct of FaceApp or the other FaceApp Parties or for any other matters in which liability can not be excluded or limited under applicable law . Additionally , some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages , so the above limitations or exclusions may not apply to you .
12 Release
To the fullest extent permitted by applicable law , you release FaceApp and the other FaceApp Parties from responsibility , liability , claims , demands , and/or damages ( actual and consequential ) of every kind and nature , known and unknown ( including , but not limited to , claims of negligence ) , arising out of or to disputes between users and the acts or omissions of third parties . You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release .
13 Transfer and Processing Data
By accessing or using our Services , you acknowledge and , as applicable , to the processing , transfer and storage of information about you in and to the United States and other countries .
14 Dispute Resolution ; Binding Arbitration Agreement
Please read the following section carefully because it requires users who are U.S. residents to arbitrate certain disputes and claims with FaceApp and limits the manner in which you can seek relief from us .
Applicability of Arbitration Agreement . Except for small claims disputes in which you or FaceApp seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or FaceApp seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property , you and FaceApp waive your rights to a jury trial and to have any dispute arising out of or to this Agreement or our Services resolved in court . This Arbitration Agreement shall apply , without limitation , to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement .
Arbitration Rules and Forum . The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement . To begin an arbitration proceeding , you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent [ include name and address of registered agent here ] . The arbitration will be resolved through confidential binding arbitration by the Judicial Arbitration and Mediation Services ( “ JAMS ” ) , an established alternative dispute resolution provider . Disputes involving claims , counterclaims , or requests for relief under $ 250,000 , not inclusive of attorneys ’ fees and interest , shall be subject to JAMS ’ s most current version of the Streamlined Arbitration Rules and procedures available ; all other disputes shall be subject to JAMS ’ s most current version of the Comprehensive Arbitration Rules and Procedures , available at http : //www.jamsadr.com/rules-comprehensive-arbitration/ . JAMS ’ s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267 . If JAMS is not available to arbitrate , the parties will select an alternative arbitral forum . If the arbitrator finds that you can not afford to pay JAMS ’ s filing , administrative , hearing and/or other fees and can not obtain a waiver from JAMS , FaceApp will pay them for you . In addition , we will reimburse all such JAMS ’ s filing , administrative , hearing and/or other fees for disputes , claims , or requests for relief totaling less than $ 10,000 unless the arbitrator determines the claims are frivolous . You may choose to have the arbitration conduced by telephone , based on written submissions , or in person in the country where you live or at another mutually agreed location . Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction .
You may choose to have the arbitration conduced by telephone , based on written submissions or at another mutually agreed location . Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction .
of Arbitrator . The arbitrator shall have exclusive to ( a ) determine the scope and enforceability of this Arbitration Agreement and ( b ) resolve any dispute to the interpretation , applicability , enforceability or formation of this Arbitration Agreement , including , but not limited to , any assertion that all or any part of this Arbitration Agreement is void or voidable . The arbitration will decide the rights and liabilities , if any , of you and FaceApp . The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties . The arbitrator shall have the to grant motions dispositive of all or part of any claim . The arbitrator shall have the to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law , the arbitral forum ’ s rules , and the Agreement ( including the Arbitration Agreement ) . The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based , including the calculation of any damages awarded . The arbitrator has the same to award relief on an individual basis that a judge in a court of law would have . The award of the arbitrator is final and binding upon you and us .
Waiver of Jury Trial . YOU AND FACEAPP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY . You and FaceApp are instead electing that all disputes , claims or requests for relief shall be resolved by arbitration under this Arbitration Agreement , except as specified above . An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would . However , there is no judge or jury in arbitration , and court review of an arbitration award is subject to very limited . Review .
Waiver of Class or Other Non-Individualized Relief . ALL DISPUTES , CLAIMS AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS . ONLY INDIVIDUAL RELIEF IS AVAILABLE , AND CLAIMS OF MORE THAN ONE USER CAN NOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER . If a decision is issued stating that applicable law precludes enforcement of any of this subsection ’ s limitations as to a given dispute , claim or request for relief , then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California . All other disputes , claims , or requests for relief shall be arbitrated .
30-Day Right to Opt-Out . You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to : arbitration @ faceapp.com , within 30 days after first becoming subject to this Arbitration Agreement . Your notice must include your name and address , your username ( if any ) , the e-mail address you used to set up your account ( if you have one ) , and an unequivocal statement that you want to opt out of this Arbitration Agreement . If you opt out of this Arbitration Agreement , all other parts of this Agreement will continue to apply to you . Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have , or may enter in the future , with us .
You and FaceApp agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County , California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award .
Severability . Except as provided in this Section 14 above , if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable , then such specific part or parts shall be of no force and effect and shall be severed , and the remainder of the Arbitration Agreement shall continue in full force and effect .
Survival of Agreement . This Arbitration Agreement will survive the termination of your relationship with FaceApp .
Modification , Notwithstanding any provision in this Agreement to the contrary , we agree that if FaceApp makes any future material change to this Arbitration Agreement you may reject that change within thirty ( 30 ) days of such change becoming effective by writing Company at the following address : arbitration @ faceapp.com .
15 . Governing Law and Venue
This Agreement and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California , consistent with the Federal Arbitration Act , without regard to conflict of law rules or principles ( whether of California or any other jurisdiction ) that would cause the application of the laws of any other jurisdiction . The United Nations Convention for the International Sale of Goods does not apply to the Agreement . Any dispute between the parties that is not subject to arbitration or can not be heard in small claims court will be resolved in the state or federal courts of California and the United States , respectively , sitting in Santa Clara County , California .
16 Electronic Communications
By accessing or using the Services , you also to receive electronic communications from FaceApp ( e.g. , responses to your requests , questions and feedback , announcements , updates , and security alerts through a push notification or by posting notices on our Services ) . You agree that any notices , agreements , disclosures or other communications that we send to you electronically will satisfy any legal communication requirements , including , but not limited to , that such communications be in writing .
17 Termination
We reserve the right , without notice and in our sole discretion , to terminate your right to access or use our Services . We are not responsible for any loss or harm to your inability to access or use our Services .
18 Severability
If any provision or part of a provision of this Agreement is unlawful , void or unenforceable , that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions .
19 Additional Terms Applicable to iOS Devices
The following terms apply if you install , access or use the Services on any device that contains the iOS mobile system ( the “ App ” ) developed by Apple Inc. ( “ Apple ” ) .
Acknowledgement . You acknowledge that this Agreement is concluded solely between us , and not with Apple , and FaceApp , not Apple , is solely responsible for the App and the content thereof . You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App , and in the event of any conflict , the Usage Rules in the App Store shall govern if they are more restrictive . You acknowledge and agree that you have had the opportunity to review the Usage Rules .
Scope of License . The license granted to you is limited to a non-transferable license to use the App on any iPhone , iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service .
Maintenance and Support . You and FaceApp acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App .
Warranty . You acknowledge that Apple is not responsible for any product warranties , whether express or implied by law , with respect to the App . In the event of any failure of the App to conform to any applicable warranty , you may notify Apple , and Apple will refund the purchase price , if any , paid to Apple for the App by you ; and to the maximum extent permitted by applicable law , Apple will have no other warranty obligation whatsoever with respect to the App . The parties acknowledge that to the extent that there are any applicable warranties , any other claims , losses , liabilities , damages , costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of FaceApp . However , you understand and agree that in accordance with this Agreement , FaceApp has disclaimed all warranties of any kind with respect to the App , and therefore , there are no warranties applicable to the App .
Product Claims . You and FaceApp acknowledge that as between Apple and FaceApp , FaceApp , not Apple , is responsible for addressing any claims relating to the App or your possession and/or use of the App , including , but not limited to ( a ) product liability claims , ( b ) any claim that the App fails to conform to any applicable legal or regulatory requirement , and ( c ) claims arising under consumer protection or similar legislation .
Intellectual Property Rights . The parties acknowledge that , in the event of any third party claim that the App or your possession and use of the App infringe that third party ’ s intellectual property rights , FaceApp , and not Apple , will be solely responsible for the investigation , defense , settlement and discharge of any such intellectual property infringement claim to the extent required under this Agreement .
Legal Compliance . You represent and warrant that ( a ) you are not located in a country that is subject to a U.S. Government , or that has been designated by the U.S. Government as a “ terrorist supporting ” country , and ( b ) you are not listed on any U.S. Government list of prohibited or restricted parties .
Developer Name and Address . Any questions , complaints or claims with respect to the App should be directed to :
FaceApp Inc 1000 N West Street , Suite 1200 , Wilmington , Delaware , 19801 USA contact @ faceapp.com
Third-Party Terms of Agreement . You agree to comply with any applicable third-party terms when using the Services .
Third-Party Beneficiary . The parties acknowledge and agree that Apple , and Apple ’ s subsidiaries , are third-party beneficiaries of this Agreement , and that , upon your acceptance of this Agreement , Apple will have the right ( and will be deemed to have accepted the right ) to enforce this Agreement against you as a third-party beneficiary thereof ) .
20 Export
You may not use , export , import , or transfer all or any portion of the Services except as by U.S. law , the laws of the jurisdiction in which you obtained the Services , and any other applicable laws . In particular , but without limitation , the Services may not be exported or re-exported ( a ) into any United States countries , or ( b ) to anyone on the U.S. Treasury Department ’ s list of Specially Designated Nationals or the U.S. Department of Commerce ’ s Denied Person ’ s List or Entity List . By using the Services , you represent and warrant that ( y ) you are not located in a country that is subject to a U.S. Government , or that has been designated by the U.S. Government as a “ terrorist supporting ” country and ( z ) you are not listed on any U.S. Government list of prohibited or restricted parties . You also will not use the Services for any purpose prohibited by U.S. law , including the development , design , manufacture or production of missiles , nuclear , chemical or biological weapons . You acknowledge and agree that products , services or technology provided by FaceApp are subject to the export control laws and regulations of the United States . You shall comply with these laws and regulations and shall not , without prior U.S. government , export , re-export , or transfer FaceApp products , services or technology , either directly or indirectly , to any country in violation of such laws and regulations .
21 Miscellaneous
In accordance with California Civil Code section 1789.3 , you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street , Sacramento , CA 95814 , or by telephone at ( 800 ) 952-5210 . This Agreement constitutes the entire agreement between you and FaceApp relating to your access to and use of our Services . The failure of FaceApp to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision . The section titles in this Agreement is for convenience only and have no legal or contractual effect . Except as otherwise provided herein , this Agreement is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity .
Article 1
The state of war between the Contracting Parties will end on the day on which the present Treaty of Peace comes into force .
Article 2
In consequence of the right of all peoples to self-determination , to the point of seceding completely from the State of which they form part , a right proclaimed by the and Federal Russian Republic of the Soviets , Russia unreservedly recognises the independence and sovereignty of the State of Estonia , and renounces voluntarily and for ever all sovereign rights possessed by Russia over the Estonian people and territory whether these rights be based on the juridical position that formerly existed in public law , or in the international treaties which , in the sense here indicated , lose their validity in future . From the fact that Estonia has belonged to Russia , no obligation whatsoever will fall on the Estonian people and land to Russia .
Article 3
1 . The frontier between Esthonia and Russia follows the following line :
Starting from the Bay of Narva , one verst south of the Fishers ’ House , it turns toward Ropscha , then follows the course of the Rivers Mertvitskaja and Rosson , as far as the village of Ilkino , from Ilkino one verst west of the village Keikino , half a verst west of the village of Isvosi and turns towards the village of Kobõljaki ; it then crosses the mouth of the river Schtschutschka , passes by Krivaja Luka , by the estate of Petschurki , to the confluence of three sources of the river Vtroja , follows the southern boundary of the village of Kuritschek with its dependences , then turns in a straight line as far as the centre line of the Lake Peipus , follows it in a southern direction , and thus passes one verst to the east of Piirisaar ( Pork ) ; follows the narrow strip of the lake dividing it along the middle as far as the island of Salu , thence passes through Lake Pihkva ( Pskov ) between the Islands of Talabski and the Island of Kamonka , then to the east of the village of Poddubje ( on the southern bank of Lake Pihkva ) and to the outlook post on the railway situated near to Grjardischtsche , then passes successively to the west of the Village of Schahintsõi , to the east of Novaja , across the Lake Poganova , between the villages of Babina and Vomorski , to one verst and a half to the south of the Forestry keeper ’ s house ( which is situated to the north of Glybotschina ) to Sprechtitschi and to the Farm Kudepi .
Note 1 . The Frontier described in this Article is shown in red on the map , scale of three versts to the inch ( 0.0254 metre ) , which constitutes the first Annex to Article 3 . In case of difference between the text and the map , it is to the text that one must adhere .
Note 2 . The tracing of the boundary between the two contracting countries and the placing in position of the frontier signs will be carried out under the direction of a special mixed commission composed of an equal number of members from both parties . In marking the boundary line this mixed commission will decide the allocation of inhabited areas on the frontier to one or other of the parties according to ethnographical indications and bearing in mind economic agreements and agricultural consideration .
2 . The portion of the territory of Esthonia to the east of the Narova , the River Narova itself , and the islands in the midst of the stream , as well as the zone to the south of Lake Pihkva , which is situated between the boundary above mentioned and the line of villages , Borok-Smolni-Belkova-Sprechtitschi , will be , from a military point of view , considered as neutral until 1 January 1922 .
Esthonia undertakes to maintain no troops of any kind in the neutralized zones other than those which are necessary for the frontier service and the maintenance of order , and of which the strength is laid down in Annex 2 of the present Article ; not to construct fortifications or observation posts , nor to constitute military depots , nor to deposit any kind of war material whatsoever with the exception of what is indispensable for the effectives allowed for ; nor to establish ther bases or depots for the use of any kind of vessels , or of any kind of aerial fleet .
3 . Russia for her part undertakes not to maintain troops in the region of Pskov to the west of the line : western bank of the mouth of Velikaja , the villages of Sivtseva , Luhnova , Samulina , Schalki and Sprechtitschi until 1 January 1922 , which are indispensable for the frontier service and for the maintenance of order and for the effectives provided for in Annex 2 of the present Article .
4 . The contracting parties undertake to have no armed vessels whatsoever on Lakes Peipus and Pihkva .
Article 4
During one year from the day of ratification of the present Treaty , persons of non-Estonian origin living in Estonia , and over eighteen years of age , have the right to opt for Russian nationality ; women , and children , less than eighteen years of age , take the nationality of the husband or the father , unless there exists between man and wife any contrary agreement . The people who have opted for Russian nationality must , within a year from the date of their choice , leave Estonian territory ; but they maintain their rights over the property and can take with them their movable property . In the same way persons of Estonian origin living in Russia can opt for Estonian nationality within the same length of time and under the same conditions .
Each of the contracting Governments reserves the right to refuse acceptance to its citizenship of such persons .
Note . In case of doubt about tho origin of persons , all those who could have been personally registered or whose parents would have been registered in a rural or urban community , or in a “ class ” on the territory now composing the State of Estonia , shall be considered as Estonians .
Article 5
In case the perpetual neutrality of Estonia should be internationally recognised , Russia undertakes to respect this neutrality and to take part in guaranteeing it .
Article 6
Should the Gulf of Finland be neutralised , the two contracting Parties undertake to accede to this neutralisation , on conditions determined by common agreement by all the States concerned , and established by the international acts relating thereto ; should the international convention referred to be concluded , they also undertake to put their naval forces , or part thereof , into such conditions as this international convention may require .
Article 7
The two Contracting Parties undertake :
1 . To prohibit the presence in their territory of any troops with the exception of those of their own Government or of friendly States with whom one of the Contracting Parties may have concluded a military convention , but which are not de facto in a state of war with one of the Contracting Parties , and also to prohibit within the limits of their territory , the recruiting and mobilisation of particular corps by States , organisations and groups , intended for armed conflict against the other Contracting Parties .
2 . To disarm those military and naval forces within their territory which did not belong to one of the Contracting Parties on the first of October , One thousand nine hundred and nineteen ; to neutralise and immobilise , until the first of January , One thousand nine hundred and twenty-two , all property , artillery and commissariat material ( exclusive of food and clothing ) , engineering and aviational material , i. e. , guns , machine guns , rifles , side-arms , munitions , aeroplanes , armoured vehicles , tanks , armoured trains , etc. , belonging to the military and naval forces referred to with the exception of such technical and war material as was handed over to these forces , but which belongs to the Contracting Parties or to other States , any portion of this material which belongs to other States shall be returned within six months from the date of the ratification of this Treaty . The disarmament of the above-mentioned irregular military and naval forces , and the immobilisation and neutralisation of their military stocks and of all their technical and war material must be completed : the first 30 per cent . of men and material within the first seven days after the ratification of the present Treaty of Peace , and the remainder within the two following weeks at the rate of thirty-five per cent per week .
3 . To prohibit the soldiers and officers of the irregular troops who are subject to disarmament under the conditions laid down by the prececing Point ( 2 ) from joining in any capacity whatsoever , as volunteers , the ranks of the Government troops of the Contracting Parties , with the exception of :
( a ) Persons of Estonian nationality who reside outside Estonia , but who have opted for that country ; ( b ) Persons not of Estonian nationality who resided in Estonia before the first of May , One thousand nine hundred and nineteen , and who have not opted to Russia ; ( c ) Persons not of Estonian nationality who have not opted for Russia and who served in the Estonian army before the twenty-seventh of November , One thousand nine hundred and nineteen . Persons belonging to the classes mentioned in sub-divisions ( a ) , ( b ) , and ( c ) , may serve with the armies of the Estonian Government .
4 . ( a ) To prohibit any State , which is de facto in a state of war with one of the Contracting Parties , and any organisations or groups intended for an armed conflict with one of the Contracting Parties , for transporting through their ports or their territories anything which might be used for attacking the other Contracting Party , particularly armed forces belonging to these States , organisations or groups , and any article and war material used for artillery , commissariat , engineering , aviation , etc. , which may belong to these military formations .
4 . ( b ) To prohibit , exclusive of cases provided for by international law , the launching and in their territorial waters of any warships , gun-boats , mine-layers , etc. , belonging either to organisations or groups which are intended to fight against the other Contracting Party or to States which are in a state of war with this party , if those ships are intended to attack it , and if this intention is known to the Contracting Party to whose territory the ports and territorial waters so used belong .
5 . Not to the formation or presence in their territory of any organisation or groups whatsoever , which claim to govern the whole or part of the territory of the other Contracting Party , or the presence of representatives or officials of organisations and groups , whose object it is to overthrow the Government of the other party to the Treaty .
6 . The Governments of the two Contracting Parties undertake , upon exchanging the ratification of this Treaty of Peace to furnish each other with precise information regarding the strength of the non-Governmental and also of military stocks ( stationary or mobile ) , and of the military and technical material belonging to those irregular forces , which were on their territory at the time when the Armistice was concluded , that is to say , on the thirty-first of December , One thousand nine hundred and nineteen .
7 . In order to superintend the out of the military guarantees conceded to each other by the Contracting Parties , a mixed commission is to be established whose composition , rights and obligations shall be determined by “ Instructions ” which are annxed to the present Article .
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