Related Faces™ Terms and Conditions and End User Licensing Agreement
Related Faces Technologies LLC (“Related Faces”) in any of its forms enters into the following agreement (“Terms”) with customers who have created an account and a user name (“User”) via the Related Faces website relatedfaces.com (“Site”). You, as the user, may also be referred to as “You” and/or “Your,” and Related Faces may also be referred to as “Company,” “Us,” “We,” “Our,” or “Ours.” By creating an account, downloading, installing or in any manner using any Related Faces software or application and/or becoming a User in some manner yet undeveloped, you are agreeing to these Terms and End-User Licensing agreement.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND RELATED FACES UNDER THIS AGREEMENT WILL BE RESOLVED THROUGH BINDING ARBITRATION AND NOT IN COURT, AND (ii) YOU WAVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE READ THIS AGREEMENT CAREFULLY.
1. End-user Licensing
The Related Faces Software has various components that may behave simultaneously as one or more of these types of service: Application as a Service (AaaS), Software as a Service (SaaS) and Platform as a Service (PaaS). When You access the application, software and/or platform (“Software” or “Site”) by any legal means, such as purchase, becoming a tester or the like, Related Faces authorizes you access under the terms and conditions in this agreement as a non-exclusive, non-transferable, limited, revocable personal license to use the Software (“License”). This includes documentation provided by Related Faces to aid in the use of the software. You may not transfer this License to any third party without express written consent by Related Faces, and this License terminates when you cease using the Software, be it voluntarily or at the behest of Related Faces. This License is for personal use only. Professionals, Businesses, Librarians and Archivists must contact Related Faces for separate licensing and pricing. The Related Faces Software may not be resold. Professionals, Businesses, Librarians, and Archivists wishing to use the Software may contact Related Faces at: customerservice@relatefaces.com for more information. This License is applicable and remains in effect unless a separate agreement has been reached between You and Related Faces.
The Licensed use of the Related Faces Site is provided at a fee. This fee may be monetary or may be in exchange for services as determined and granted by Related Faces alone. Only Related Faces can grant Licensed access to the Software.
Additional Licenses: This agreement offers one single license to use the Related Faces Software. Users in need of additional licenses must contact Related Faces to arrange for special licensing at customerservice@relatedfaces.com. Related Faces has sole discretion for issuing additional licenses.
2. Site Functionality and Content
You the User (“You” or “User(s)”) agree that Related Faces provides a service for the convenience of the User through the Site. You accept sole responsibility for the photographs and data provided to Related Faces.
You agree that all photographs (“Photograph” or “Photo” or “Image”), image metadata (“Data” or “Information”) as well as user supplied information connected with a photograph, uploaded to the Site (“Photographic Data”), may be retained to facilitate facial matches, and connect Users.
By submitting photographs, data and other User Provided Content, You grant Related Faces a perpetual, sublicensable, worldwide, non-revocable, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such photographs, data and other User Provided Content to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for Related Faces to copy, display, and index Your User Provided Content. Related Faces will own the indexes, files, content, displays, and works it creates. Notwithstanding the non-revocable and perpetual nature of this license, it terminates when Your User Provided Content is deleted from our systems. Be aware that to the extent you elected to make Your User Provided Content public and other users copied or saved it to the Services, this license continues until the content has been deleted by You, other users and Related Faces, or Related Faces deems the content incompatible with Our site or inappropriate to Our site and we unilaterally remove the content.
You the User own your own Personal Information and User Provided Content subject to the above stipulations. You can remove your Personal Information by closing Your account. You can edit User Provided Content for the photographs and people You load onto the platform to include leaving metadata fields blank or deleting previous content. Content that has been shared with other Users through the pairing and matching process will be retained by that user in accordance with this document.
You agree all image information/metadata provided by you to the Related Faces Site is true to the best of your knowledge, and you agree not to provide any fraudulent or malicious information to the Site.
As technologies advance, You agree the Photos and Data uploaded by You may be utilized to increase the accuracy of pairings and/or matches, and to other possible uses which are currently not predicted or foreseen which may improve user experience, pairing accuracy or otherwise enhance the Software.
Related Faces neither implies nor states any warranty with regard to the Site, the function of the Site and the matching process, nor any other part of the Related Faces Site and services.
The surety of the pairings is not guaranteed. Results are presented AS IS. It is up to the User to determine if a presented pairing truly is a match. The surety, commonality, similarity and/or the like, which may be presented, are provided as a tool and are NOT guaranteed to be correct. Photographic flaws, shadowing, photographic reproduction, strong family traits and other items may affect the pairings presented. Relate Faces simply provides possibilities, NOT guarantees. These numbers in no way imply the accuracy of any pairing.
3. User Conduct
Any User found to willfully and maliciously upload fraudulent data, including personal data such as the customer’s name, email, address, and phone number (“User Data”), inter-user communications through the Site messaging services (“Message Data”), and Photographic Data, will be banned from Related Faces and may be referred to authorities for prosecution.
Any inappropriate user actions may be reported to Related Faces for investigation. Any User found to be sending vulgar, defamatory, inappropriate or harassing Message Data will be banned from Related Faces without refund, and possibly referred to authorities for criminal prosecution.
Any user found to be filling any data field with vulgar, defamatory, discriminatory or obscene language may be banned from the Site without refund and may be referred to authorities for prosecution.
Photographic Data uploaded to the Site will be monitored for pornography. Any User loading pornography onto the Related Faces Site will be banned, without refund, and turned over to authorities for prosecution.
Related Faces understands and respects the beauty of the human form. We understand that many people take very tasteful photos of their unclothed infant children, for example. We ask our Users to use discretion and do not load photos of this nature. We ask that photos be pre-cropped to remove any private parts. Any photos loaded which expose unclothed/covered human private parts to include breasts, buttocks and male or female genitalia will be removed and the User may be subject to banishment from the Site without refund.
You, the User, agree to upload only photographic images you own or have legal rights to use. Users are not to upload any trademarked or copyrighted images into the Related Faces database. The User accepts full legal repercussions for loading images for which they do not have proper ownership or legal rights to use. If protected images are found, the user agrees to work with Related Faces to remove the images and the user is solely responsible to the owner of the photos for any damages. You understand you may be banished from Related Faces and Related Faces may seek legal recourse.
In addition to the above described violations of use of the Related Faces Software, You agree NOT to use the Software to:
mistreat, harass, injure or in anyway violate the legal rights of any other person using the Software;
violate any laws including trademark, copyright, or intellectual property rights of Related Faces or any third party;
upload any software that may contain computer viruses or any other components that may damage the computer, servers or any other devices of Related Faces businesses, employees, clients, associates, service providers or customers;
gamble, run sweepstakes, pyramid schemes nor perpetrate any fraud of any kind nor communicate about such activities;
unlawfully collect information about other Related Faces Users and/or the subjects of the photos those Users submit to the Related Faces Software;
Photographs containing persons in military uniforms, which may be displeasing, such as Natzi, United States Confederacy and the like, may not be considered offensive such as they are historic in nature and Users may have had no control over the taking of the photo, nor Archives have the ability to sensor historic collections.
You agree to treat all users on the site with respect and will refrain from making statements of a political nature. Related Faces is NOT a social media platform.
The site is designed to be a tool for human genealogical facial recognition only. You are expected to refrain from loading images of buildings, vehicles, animals and the like, unless those items happen to be within photo(s) also containing at least one human.
4. Electronic Communications
You accept that Related Faces allows for electronic communications. Such communications may:
Come from Related Faces to you through your user messaging board;
As alerts to you on your account in any form such as pop-up windows, messages to your Related Faces home page, icon alerts and the like;
Come to your personal email from Related Faces;
Come from other users in the form of messages through the message board which may solicit your assistance and/or collaboration;
Notifications to you social media if you provide access to, or identification of your account through directly providing you account name and address to the Site, liking the Related Faces pages on social media or otherwise engaging Related Faces on social media. You providing your email address and/or any social media addresses to Related Faces in any manner is your consent for Related Faces to contact you through those avenues.
SMS text messaging and/or other forms of messaging communication.
You may request not to be contacted by Related Faces through electronic media by informing Related Faces in writing. This request does not apply to communications necessitated by Related Faces to collect on any outstanding account balances owed by you to Related Faces nor to messages from Related Faces necessary for the proper function of the Related Faces website, or your access to your Related Faces account.
As long as you have a Related Faces user account, you agree to electronic communication from Related Faces, and if you have closed your account, but have outstanding balances on that account you also agree to accept communications from Related Faces and any Related Faces authorized third parties attempting to collect on that debt.
You agree that Related Faces may, additionally, contact you via fax machine and/or postal service when Related Faces deems it necessary to ensure you have proper access to the site, to maintain your account in good standing, disseminate information about Related Faces products, services or offerings or other communications deemed necessary by Related Faces.
Communications to Related Faces may be sent to customerservice@relatedfaces.com
5. Termination or Suspension of Account
Related Faces reserves the right to remove any Photographic Data, Message Data, or User Data, and to terminate any User, for any reason, at any time, either with or without notice. All of Related Faces’ services may be terminated at any time and at the discretion of Related Faces administrators.
To terminate an account, the User must actively submit a request to delete the User’s account. If the account should instead simply go dormant, all User Data will be retained on the discretion of Related Faces.
Upon termination of an account by the User, Related Faces will delete User Data. All Photographic Data and Message Data will be retained for access by other end Users in accordance with the Related Faces Privacy Policy.
If an account is terminated by Related Faces due to violation of these Terms and Conditions or due to violation of any United States law, Related Faces reserves the right to retain all User data.
You agree not to use the Site or any Related Faces’ services for illegal or nuisance spam activities. Users found to be gathering email addresses and personal information from others for the purpose of sending mass commercial emails may be removed from the site without refund and may be referred from criminal prosecution.
6. Accessibility
Related Faces has endeavored to make the Site friendly to use. We have buttons that are large and contrasting to our page background. We have selected colors which comply with Americans with Disabilities Act (ADA) guidelines for the visually impaired. You agree to use the Site AS IS. If You are having difficulty seeing something on the Site, or otherwise interacting with the Site, please contact Related Faces regarding the problem. We will assess reasonable requests for viability, but we do not guarantee that we will be able to make the change requested as one user’s special request may be to the detriment of other users. Remember, the purpose of Related Faces is to utilize photographs as a tool for genealogical searches. This requires the ability to see the photographs. Related Faces does not guarantee the quality and/or accessibility of any photos submitted to the site including photos by users, or those obtained through archives.
Related Faces’ site is not intended to be used by children. To register as a user of related faces you must have reached the age of majority in your state or country, or have reached 18 years of age. Minors using the Related Faces must utilize the accounts of a parent or guardian and must have permission from said parent or guardian to use their account. The owner of the Related Faces user account is solely responsible for the content loaded to the Related Faces site by any minor using the account and therefore subject to any ramifications of any ill behavior on the part of the minor.
Related Faces is a sharing platform and is intended to share photos and data between users. Data for living persons may be kept private if the user indicates so in the profile for that person. Data for non living persons is considered public information. Users are not required to supply data for photos to be entered and utilized on the platform. Users are directed to name persons in their photo, or give those persons General Descriptors. Names of deceased persons are shared. Names of living persons may be shared unless the user indicates to not share. General Descriptors for persons are not shared. Photo Names are not shared as they may contain names of persons living.
7. Security and Reverse Engineering
You agree to use the Software, its platform, website and any mobile applications associated with the Software in accordance with the laws of the United State of American and also the State of Florida.
You agree to make no attempt to reverse engineer or disassemble any part of the Software or the code associated with the Software, platform, website, mobile application or any components associated with Related Faces nor any company having a relationship with the Related Faces Software, website, or mobile application.
You further agree not to gain, nor attempt to gain, unauthorized access to any part of the Related Faces Software, platform, website, mobile application or associated code, nor to attempt to circumvent any security measures and/or encryption, or any other security tool used by Related Faces or its associates.
You agree not to engage in any data mining, nor interfere with the use of the Related Faces Site by its users, the support of the Site by its administrators, hosts and/or network, nor the operation of the Site in any manner.
You agree not to copy the Software nor distribute the Software in any unlawful manner and will not circumvent any copyright, or intellectual property laws.
Warrantee
Related Faces offers no warranty for the use of the Site, and You agree that use of the Site and associated Software, Platform and Mobile Application is at your sole and exclusive risk.
Related Faces does not guarantee the pairings and/or matches presented to users. Related Faces simply presents possibilities and it is at the sole discretion of the user to decide if the pairings presented are actually matches.
Related Faces does not guarantee that a user will ever be presented with a pairing.
Related Faces does not warrant the use of our product nor the reliability and accuracy of the product.
Related Faces does not guarantee the accuracy or reliability of the information obtained by use of the Software.
Related Faces does not fact check information provided by users or archivists to the Platform, Application or processed by the Software. Users and archives may unintentionally provide incorrect information and Related Faces neither offers nor implies guarantees or warranties for that information.
Related Faces does not guarantee that malicious actors will not hack or otherwise access Related Faces and our database and gain access to users’ personal information.
You acknowledge and agree that Related Faces makes reasonable efforts to keep user information private.
You assume full risk for any and all personal information you provide on the website and any damage that may occur from the use of the Software in all of its forms.
You agree to use the Related Faces Software, Platform, Application, and Website in all of its forms AS IS.
9. Limit of Liability
Related Faces limits its liability to any User in relation to the Site and its services to the fullest extent allowed by the law. Related Faces is not liable for any unintentional damage or for any loss or claim of any kind. These Terms do not limit or exclude Related Faces’ liability for gross negligence or intentional misconduct or that of its users, agents or employees. Related Faces’ liability to Users, or any third party, for any cause of action arising from the Site or under these Terms will be limited to any amount paid by the User to Related Faces for the Site during the six (6) month period prior to such cause of action. You agree that the limits of liability are freely negotiated and part of the terms for use of the Site and its services, because the Site would not otherwise be available for the same price and under the same terms without such limitations of liability.
You acknowledge and agree that any damages you incur arising out of the Company’s acts or omissions or your use of the site or the Company services are NOT irreparable and are insufficient to entitle you to an injunction or other equitable relief restricting the availability of or any person’s availability to access any portion of the site or the company services.
The limitations in the section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of any such damages.
Related Faces respects Copyright laws. If you believe content on the Related Faces site infringes upon your copyright , you must send to Related Faces your claim of infringement which contains substantially all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or , if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit the company to locate the material on the site; (iii) information reasonably sufficient to permit us to contact you, such as address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you that the above information in your notification is accurate and a statement by you , made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (vi) your electronic signature. Claims may be sent to: customerservice@relatedfaces.com. If your claim is found to have merit, the company will take reasonable and prompt steps to remove or disable access to the content.
Any person found to knowingly load copyright infringed material to the site will be held responsible for all costs associated with removal of the content, any and all legal fees incurred by the company, and may be subject to prosecution under law for fraudulent misrepresentation and copyright infringement.
10. Your Indemnity
You agree to indemnify, defend, and hold Related Faces and any of its affiliates, successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and service providers, harmless from any claims, damages, or other expenses, including attorney’s fees, that result from your use of the Site and its services or (a) your violation of these Terms, (b) violations of the rights of other Users, or c) any claim related to your User Data, Photographic Data, or Message Data. This indemnification persists even after You cease to be a User of the Site.
11. Service Interruptions
You accept Related Faces may need to do periodic maintenance to the Software, platform, website or any mobile application and this maintenance may cause service interruptions or lack of access to the above listed. You understand that these interruptions may be scheduled or unscheduled and the downtime may be known or unknown to Related Faces. You agree Related Faces shall have no liability for any damage or loss Related Faces assumes no liability nor responsibility for any failure to perform due to causes beyond its reasonable control including acts of God, acts of civil authorities, acts of military authorities, riots, pandemics, plagues, embargoes, acts of nature or natural disasters which may cause unforeseen downtime or other maladies.
12. Controlling Law
You understand when accessing Related Faces services via the Site, to include any mobile application, the laws of the State of Florida and as applicable, those of the United States of America, govern these Terms and the use of the services. All claims will be subject to the jurisdiction of the courts of the State of Florida, United States of America.
13. Dispute Resolution
Customer satisfaction is a top priority. If a dispute arises between You and Related Faces, we wish to provide a cost-effective means to quickly resolve the dispute. If any concern or dispute about the Related Faces Site and its services arises, You agree to first endeavor to resolve the dispute informally by contacting Related Faces through its customer service contact e-mail address customerservice@relatedfaces.com.
If your dispute is not resolved within one hundred eighty (180) days after contacting Related Faces, then You and Related Faces agree to resolve the dispute through final and binding arbitration with an arbiter of Related Faces choosing. You agree to waive your right to bring your dispute to court and agree not to bring, nor participate in, any class action lawsuit against Related Face, its investors, and its employees.
This dispute resolution policy will continue after You have stopped being a User.
14. Updates to This Policy
We may update these Terms at any time. We will inform Users of updates by emailing Users at the email address provided to Related Faces, and/or by posting an announcement on the Site. You agree to review the updated Terms, and by continuing to use the Site after being notified through email and/or Site posting about the update, You accept the changes to the Related Faces Terms.
15. Renewal and Cancellation Policy
You understand your subscription to Related Faces is subject to the Renewal and Cancellation Terms here to follow.
Subscriptions: Related Faces offers multiple subscription options for using the service. Details of these options can be found on the website at relatedfaces.com. These subscriptions may change without notice. At times a free trial period may be offered. Trial period length may change without notice. Once you register for a free trial or your initial payment is processed, your subscription has begun, and you will be able to access the website immediately.
Unless otherwise noted in the terms of your offer, subscriptions automatically renew, except in the case of gift subscriptions, if, or when, those are offered. Once you sign up for a free trial or become a subscribing member, your subscription will automatically renew based on the subscription plan you chose (semiannually, annually, etc.). You will be charged at the rate stated at the time of purchase, plus any applicable taxes, at the beginning of each billing term of your subscription via the billing method you have provided. Please ensure your billing information is correct and your payment method is in good standing to prevent an interruption in your service. Related Faces utilizes third-party payment processing which will be noted when payment is made. It is your responsibility to ensure your payment method with that service is in good standing at initial subscription and at the time of any renewal.
Prices and duration of subscriptions may change at any time. The price and duration in place when you made your initial subscription, or when your subscription last renewed, will stay in effect for the duration of that subscription period, but new prices and duration may apply to renewals or new subscriptions. Related Faces will give you reasonable notice of your account renewal date and the amount of the subscription that will be charged on that date. If you do not want to renew your account under the new prices and terms, you may cancel your subscription as described below.
How to Cancel: You may cancel your Related Faces subscription by logging into your Related Faces account. Click on the account settings icon in the upper right-hand corner of the screen. Select Settings. Simply click the Cancel Subscription button and follow the prompts. Canceled subscriptions are not eligible for a refund, unless specifically stated in this document, but you will retain access to your Related Faces account until the end of that subscription period, after which you will be canceled.
Trial Period: If you cancel your subscription during a trial period, you will retain access to your account for the duration of the trial period. After the trial period ends, you will be canceled and lose access to your account but will not be billed. Users must cancel before billing occurs at the end of the trial period. Once a billing has occurred, no refund will be given. One trial period per customer.
Related Faces is a United States based company and is governed by Florida law. For some situations requiring a cooling off period, the free trial period is inclusive of any applicable cooling off rights.
Refund: Accounts not receiving a trial period may request a refund if the account is canceled before 11:59:59 PM (United States Eastern Time Zone) on the 14th day from the onset of the subscription. To request a refund, the user must email your full name, mailing address, telephone number, email address, and Related Faces username along with an explanation of cancellation to customerservice@relatedfaces.com. An investigation will be done to ensure the cancellation took place within the allotted 14 days and the account has not been accessed since. Refunds may take up to 1 month to process.
A cancellation fee of $20 USD may be assessed for subscriptions of 6 months or less and $50 USD for subscriptions of greater than 6 months.
Subscriptions greater than 14 days old are not eligible for a refund. Subscriptions that have renewed are not eligible for a refund. Canceling policies apply regardless of if a coupon was used to purchase the subscription or not. Related Faces does not pause subscriptions.
16. Miscellaneous
Entire Agreement: These Terms state the entire agreement between You and Related Faces regarding your use of the Site and its services and supersede any prior agreement(s) between You and Related Faces relating to the Site and its services.
Assignment: Related Faces reserves the right to assign or transfer its rights and obligations under these Terms. These Terms are personal to You and, as a result, the User may not, without the written consent of Related Faces, assign or transfer any rights or obligations under these Terms.
Related Faces is glad to assist any authorized User with issues they may be having with the Software. If you are having any problems, please contact Related Faces. We will attempt to help you with any issue that is not detrimental to the company, but we do not guarantee the Related Faces Software, Platform, Website or Mobile application. You agree to use the Site AS IS.
If Related Faces Changes Ownership: If Related Faces is acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), Related Faces has the right to share your User Data, Photographic Images, Photographic Data and Message Data with that entity. These Terms will continue to apply to the Site and its Services, after acquisition or transfer, until You receive notification of changes to the Terms.
Severability: The unenforceability of any particular section or clause in these Terms will not affect the enforceability of the remaining Terms.
No Waiver: The failure of Related Faces to enforce any provision of these Terms is not a waiver of its rights under that provision.
Updated August 2, 2022