Terms of Service

Overview

This website ("frankerfacez.com") is operated by Dan Salvato, LLC. Throughout the site, the terms “we”, “us”, “our”, and “FFZ” refer to FrankerFaceZ. FrankerFaceZ offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or using our service, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, tippers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Introduction

FrankerFaceZ is a service that provides visual and functional enhancements to third-party websites and apps, primarily those related to Twitch.tv. Users may upload custom content to the website for use in these third-party websites and apps (See “Using the FrankerFaceZ Website”).

User Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices and/or fees for our Service are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Using the FrankerFaceZ browser extension

When installed, the FrankerFaceZ (hereafter referred to as "FFZ") browser extension loads external data into web pages on the domain http://twitch.tv/ (hereafter referred to as "Twitch"). This data includes, but may not be limited to, external JavaScript, CSS, and HTML elements. Your user experience on Twitch will be modified as determined by the FFZ extension, including the appearance, functionality, and user interaction with pages on Twitch. Twitch is not responsible for any changes to the user experience provided by FFZ. Furthermore, FFZ extension functionality may not always work as expected based on regular updates to Twitch, updates to Web browsers, and updates to the FFZ extension. If you are not satisfied with your user experience, you may disable or uninstall the FFZ extension at any time in accordance with your Web browser. The FFZ extension only affects your user experience in any Web browser that has the FFZ extension installed. The FFZ extension will have no lasting effects on Twitch, and disabling or uninstalling the extension will return Twitch to its original state as provided by the domain.

No components of the FFZ extension may be redistributed, hosted, uploaded, or shared in their original or modified forms. The FFZ extension may only be downloaded from the sources provided on http://frankerfacez.com.

Using the FrankerFaceZ website

The FFZ website allows people to upload and share small images called "emoticons" (hereafter referred to as "emotes"), which are stored on FFZ servers. By uploading emotes using the FFZ website, users must confirm that they are not violating any copyright laws applicable to uploading or sharing the content. This may include, but is not limited to, receiving explicit permission to use the image, being the owner of the image, or confirming that the content of the image is in compliance with the United States FAIR USE Act or other applicable copyright laws. The user is fully responsible for the content that he/she chooses to upload and share on the FFZ website.

Upon uploading emotes to the FFZ website, the user hereby grants permission for FFZ to publish, share, and distribute the images by any means applicable to FFZ services. However, the user retains any other applicable copyrght protection governing use of the emotes. Because of this, users are forbidden from downloading, hosting, modifying, or redistributing content hosted on FFZ servers without explicit permission from both FFZ and the original owner(s) of the content.

After submitting an emote to FFZ, a user is considered the "owner" of that emote. The owner is capable of controlling additional aspects of the emote, such as publicizing, privatizing, deleting, or submitting replacement names or images for the emote. Listing an emote as "private" means that other users cannot add the emote to their channel, except when granted permission by the owner. Privatizing an emote does not retroactively remove the emote from any channels that have chosen to use the emote. Users may request their emotes to be removed from certain channels, but FFZ reserves the right to make the decision in this regard. In other words, privatizing an emote does not grant the user any additional rights in regards to the use or control of the emote.

Any emotes submitted to FFZ are expected to comply with the guidelines as listed on the emote submission page. The guidelines listed are the typical criteria by which emotes are approved or rejected for use with the FFZ extension and services. However, FFZ reserves the right to approve, reject, modify, publicize, privatize, transfer ownership, rename, or delete any emote submitted at any time and for any reason. Furthermore, the rules, guidelines, and methods for submitting emotes are subject to be revised at any time without notice. FFZ reserves the right to retroactively make any changes to previously-submitted emotes based on these revisions. FFZ also reserves the right to NOT make changes to previously-submitted emotes, even if the emotes in question conflict with the revised rules and guidelines.

Donating to FrankerFaceZ

Users can donate to FFZ using the Donate page provided on the FFZ website. The Donate page lists benefits provided through the FFZ service as an appreciation for donating. While FFZ does its best to provide the benefits as described, we are not legally obligated to provide any benefits in exchange for donating. Furthermore, we are not obligated to treat FFZ donors any differently in usage of the service, including usage of website features and usage of FFZ extension features. Donation benefits may change at any time. FFZ is not required to retroactively apply any of these benefits to users who have previously donated.

Using the FrankerFaceZ API

FFZ provides an API that enables users to access FFZ data and services programmatically. FFZ is not obligated to uphold the functionality of the API. Furthermore, the API may be changed at any time without notice. FFZ is not responsible for the functionality of any application employing the FFZ API.

Any user or application using the FFZ API must only use it for its intended purposes including retrieving user info, retrieving emote info, and providing FFZ emotes to external applications related to Twitch services. Any external application not related to Twitch may not use the FFZ API without explicit permission from FFZ. Furthermore, FFZ reserves the right to refuse API services to any user or application for any reason.

Termination of FrankerFaceZ Services

FFZ reserves the right to refuse or terminate services to users at any time, for any reason. This includes disabling FFZ website or extension features for any individual user, IP address, or Twitch account. Violation of the terms detailed in this document will result in termination as seen fit by FFZ.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Contact information

Questions about the Terms of Service should be sent to Dan Salvato via any means listed on http://frankerfacez.com/contact.

Intellectual Property Rights

The Content on the Websites, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to FrankerFaceZ, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FrankerFaceZ reserves all rights not expressly granted in and to the Websites and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Websites or the Intellectual Property therein.

Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to FrankerFaceZ, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sub-licenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of FrankerFaceZ, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to FrankerFaceZ, may result in account suspension or termination.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to FrankerFaceZ the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Websites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the following requirements and specific instructions for submitting a notice to FrankerFaceZ.

Notification: If you believe that your copyright-protected work has been copied and posted on the Websites in a way that constitutes copyright infringement, then please contact FrankerFaceZ’s DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):

  • Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  • Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  • Your contact information so that we can contact you (for example, your address, telephone number, email address);
  • A statement that you have a good faith belief that the use of the material identified in sub-section ii above is not authorized by the copyright owner, its agent, or the law;
  • A written statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  • Your physical or electronic signature.

Please send this written notice to our designated agent at the following address:

Dan Salvato LLC
Attn: FrankerFaceZ
Five Greentree Centre, STE 104, 525 Route 73 North
Marlton, New Jersey 08053

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure.

FrankerFaceZ’s DMCA Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth above. ALL OTHER INQUIRIES DIRECTED TO FrankerFaceZ’S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.

Disputes - ARBITRATION

Before bringing a formal legal case, please first try contacting our Customer Support team. Most disputes can be resolved that way.

To the extent permitted under applicable law, any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Websites (including all commercial transactions conducted through the Website) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and FrankerFaceZ waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in New Jersey, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of New Jersey, provided that:

  • The arbitrator shall not have authority to award punitive damages; and
  • Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and FrankerFaceZ agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within New Jersey (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and FrankerFaceZ waive any and all rights to trial by jury with respect to any Claims. In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed. NO CLASS ACTIONS. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor FrankerFaceZ can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other FrankerFaceZ users, and cannot be used to decide other disputes with other users. If a court decides that this subsection on "No Class Actions" is not enforceable or valid, then the entire section covering Disputes will be null and void, but, the rest of the terms of these Terms of Use will still apply.

Miscellaneous

These Terms of Use shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and FrankerFaceZ that arises in whole or in part from the Terms of Use, the Websites or any Contest shall be decided exclusively by a court of competent jurisdiction located in New Jersey.

Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any Contest on the Websites, you agree to indemnify, protect, defend and hold harmless FrankerFaceZ, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives, from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the Websites, any payment methods used, any funding of your account, and/or your participation in any Contest. The Websites may contain links to third party websites that are not owned or controlled by FrankerFaceZ. FrankerFaceZ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FrankerFaceZ will not and cannot censor or edit the content of any third-party site. By using the Websites, you expressly relieve FrankerFaceZ from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Websites and to read the terms and conditions and privacy policy of each other website that you visit.

Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and FrankerFaceZ.

No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with FrankerFaceZ or in any way affiliated or associated with the Contests.

Third-party online publishers that refer users to the FrankerFaceZ website shall not be responsible or liable for the FrankerFaceZ website or any of the content, software, or functions made available on, or accessed through, or sent from, the FrankerFaceZ website.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FrankerFaceZ' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

FrankerFaceZ reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Services after we change the Terms of Use, you accept all changes. The failure of FrankerFaceZ to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.

Notice for California Users: Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210

FrankerFaceZ AND OTHER TRADEMARKS CONTAINED ON THE WEBSITES ARE TRADEMARKS OR REGISTERED TRADEMARKS OF FrankerFaceZ IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD-PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITES.

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