Search:
 In:  

Terms of Use

1. Acceptance

A. By using or visiting the OnFave site or any OnFave data feeds, offerings, software, products, and/or services provided to you on, from, or through the OnFave site (collectively, "Service") you signify your agreement to (1) these terms and conditions ("Terms of Use"), (2) OnFave's Privacy Policy at OnFave.com/privacy and incorporated herein by reference, and (3) OnFave's Community Guidelines at OnFave.com/help and also incorporated herein by reference. If you do not agree to the Terms of Use, Privacy Policy, or Community Guidelines, please do not use the Service.

B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version at OnFave.com/terms. In its sole discretion, OnFave may at any time modify or revise these Terms of Use as well as any other legal notices and documents published by OnFave, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

C. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13. Please do not use the Service if you are under 13 years of age.

 

2. Service

A. OnFave ActiveContest is an interactive competition platform that provides opportunities for qualified contestants to showcase their original content and, based on audience popularity and favorability, earn compensation for their creative and promotional efforts.

B. Users of the Service may add to Content on the Service. “Content” includes text, software, scripts, graphics, designs, photos, sounds, vocalizations, music, videos, audiovisual combinations, interactive features, and other materials you may view on, access through, or contribute to the Service.

C. Access to many functions of the Service, such as entering and voting in contests, requires qualifying and registering for an OnFave account.

D. The Service includes all aspects of OnFave, including but not limited to products, services, software, applications, code, features, and amenities offered via the OnFave site, such as accounts, searches, notices, messages, promotions, contests, channels, "Embedded Content Players", and other applications.

E. The Service may contain links to third-party sites not owned or controlled by OnFave. OnFave assumes no responsibility for, and cannot censor or edit contents, terms, policies, or practices of any third-party site. By using the Service, you expressly relieve OnFave from any and all liability arising from your use of any third-party site. We encourage you to be aware when you leave the Service, and to read the terms and policies of other sites you visit.

 

3. Use of Service

OnFave hereby grants you permission to access and use the Service as set forth in these Terms of Use, provided that:

A. You agree not to distribute in any medium any part of the Service or the Content without OnFave's prior written authorization, unless OnFave makes available the means for such distribution through functionality offered by the Service (such as Embedded Content Players).

B. You agree not to alter or modify any part of the Service.

C. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, Embedded Content Players, or other explicitly authorized means OnFave may designate.

D. You agree not to use the Service for any of the following commercial uses unless you obtain OnFave's prior written approval:

• the sale of access to the Service;

• the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or

• the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or site containing Content delivered via the Service, unless other material not obtained from OnFave appears on the same page and is of sufficient value to be the basis for such sales.

E. Prohibited commercial uses do not include:

• adding an original video to OnFave, or maintaining an original channel on OnFave, to promote your business or artistic enterprise;

• showing OnFave videos through Embedded Content Players on an ad-enabled blog or site, subject to restrictions set forth above in Section 4(D); or

• any use that OnFave expressly authorizes in writing.

F. If you use Embedded Content Players on your site, you may not modify, build upon, or block any portion or functionality of Embedded Content Players, including but not limited to links back to the OnFave site.

G. If you use distributed material from OnFave such as software, applications, or code, you agree that periodically such distributed material may automatically download and install updates from OnFave. These updates are designed to improve, enhance, and further develop the distributed material and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit OnFave to deliver these to you) as part of your use of the distributed material.

H. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", or "offline readers", that accesses the Service in a manner that sends more request messages to the OnFave servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser. Notwithstanding the foregoing, OnFave grants the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. OnFave reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, e-mail) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

I. No conduct shall be undertaken that restricts, impairs, or inhibits any other user from accessing, using, or enjoying the Service.

J. In your use of the Service, you will comply with all applicable laws and regulations.

K. OnFave reserves the right to change or discontinue any aspect of the Service at any time.

 

4. Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

A. The Content on the Service, and the trademarks, service marks, and logos ("Marks") on the Service, are owned by or licensed to OnFave, subject to copyright and other intellectual property rights under the law.

B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Use. You shall not download any Content unless you see a “download” or similar link displayed by OnFave on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of OnFave or the respective licensors of the Content. OnFave and its licensors reserve all rights not expressly granted in and to the Service and the Content.

C. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that OnFave is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OnFave with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless OnFave, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

 

5. Content and Conduct

A. As an OnFave account holder you may submit Content to the Service, including videos and user comments. You understand that OnFave does not guarantee any confidentiality with respect to any Content you submit.

B. You are solely responsible for your own Content as well as the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to OnFave all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Use.

C. You retain all of your ownership rights in your Content. However, by submitting Content to OnFave, you hereby grant OnFave a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and OnFave's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the Service and under these Terms of Use. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that OnFave may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

D. You agree that Content you submit to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant OnFave all of the license rights granted herein.

E. You further agree that you will not submit to the Service any Content or other material that is contrary to the OnFave Community Guidelines, currently found at OnFave.com/help, which may be updated from time to time, or contrary to applicable local, national, and/or international laws or regulations.

F. OnFave does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and OnFave expressly disclaims any and all liability in connection with Content. OnFave does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and OnFave will remove all Content if properly notified that such Content infringes on another's intellectual property rights. OnFave reserves the right to remove Content without prior notice.

 

6. Fraud and Abuse

A. OnFave strictly prohibits user fraud and abuse related to the Service. You represent and warrant that:

• all information you supply is complete, accurate, and not in violation of any applicable laws, regulations, or the Terms of Use; and

• you will not attempt to circumvent any provision of the Terms of Use or engage in any activity that may interrupt operations of the Service.

B. Any user who engages, participates, or behaves unfairly by mistreating other users, colluding with other users, opening or using multiple accounts, deceptively transferring funds within or between accounts, breaching the security of an account or the Service, posting objectionable material, excessively voting or posting, using unauthorized or altered software or hardware such as bots and emulators, intentionally performing poorly to gain advantage, violating the Terms of Use, or using any other method that constitutes cheating or fraudulently competing (collectively, "Abuse"), shall be subject to sanctions, including:

• account termination and/or blocking of Service access;

• forfeiture and recoupment of prizes, earnings, and/or credits ("Rewards") and/or account balance; and

• appropriate referrals to governmental and regulatory authorities.

C. Without limiting any provision of the Terms of Use, OnFave reserves the right to initiate injunctive, civil, and/or criminal proceedings related to any Abuse.

 

7. Account and Identification

A. You may open an account only if you meet eligibility requirements for registration and use, personally register, acquire and use a compatible username and password, and are aware of and comply with laws and regulations of locations and jurisdictions affecting your participation in contests.

B. You are solely responsible for activities that occur from your account. You may not use another's account without permission. You must notify OnFave immediately of any breach of security or unauthorized use of your account. OnFave is not liable for your losses caused by any unauthorized use of your account, and you may be liable for the losses of OnFave or others due to such unauthorized use.

C. You are solely responsible for maintaining appropriate confidentiality of usernames, passwords, credentials, addresses, handles, aliases, and codes (collectively, "ID's") assigned to you, and for any charges, damages, or losses that may be incurred or suffered as a result of your failure to do so. We are not liable for any harm related to the theft of your ID's, your disclosure of ID's to another person or entity, or your authorization to allow another person or entity to access and use the Service using your ID's. You agree to immediately notify us of any unauthorized use of your ID's or of any other need to deactivate an ID due to security concerns. You may not use ID's:

• of another person or entity with intent to impersonate, or without authorization;

• in violation of intellectual property rights of any person or entity; or

• that OnFave considers to be offensive.

D. You represent and warrant that all information you provide to OnFave, including information on registration forms, is complete, accurate, and current, and that you will update information when it changes. Knowingly submitting incomplete or inaccurate information will result in account termination and forfeiture of any Rewards to which you may otherwise be entitled.

E. You may submit a picture as the icon/avatar for your profile, and it must not violate the Terms of Use. If the picture contains a person, you hereby affirm that you appear in the picture. You must be able to prove on request that you appear in the picture and no one else. OnFave reserves the right to remove or not display such picture in its sole discretion, and is not liable for any inaccuracies, errors, or omissions in the submission or use of the picture or for any damages that may arise from any of the foregoing.

F. By registering for an account, you agree the Service may publicly display, distribute, and promote your username, profile, non-private content, and participation results. Your acceptance of any Rewards from the Service shall constitute an irrevocable grant to OnFave of the right to print, publish, broadcast, and use, worldwide, in any media now known or hereafter discovered and at any time, your first name, last name, picture, likeness, voice, video, and/or biographical information for promotional purposes without additional compensation and without additional consent. In particular, OnFave reserves the right to publish your first name and/or last name if you win a contest.

G. Upon registering for an account, you must provide:

• username (alias for login; public screen name);

• password (private code for login); and

• e-mail (address for communication).

H. Upon establishing a monetary balance in your account, you must provide:

• full first and last names;

• physical mailing address;

• phone number; and

• debit or credit card, or online electronic payment account.

 

8. Account Status

A. Any user may be required to provide proof of eligibility, completeness, accuracy, and/or other compliance to gain or maintain account access.

B. Each user may establish one account to participate in activities offered by the Service:

• OnFave reserves the right to monitor any effort to establish multiple accounts. In the event OnFave discovers any user has opened more than one account, all of that user's accounts may be terminated.

• Accounts and related components, including natively generated information and associated ID's, may not be transferred, traded, leased, bartered, or sold in any way.

• Users may each cancel their individual accounts at any time. To maintain integrity of the Service, including other user accounts, OnFave may retain some user data after such cancellation; on request, OnFave may attempt to accommodate specific deletions or exports in its sole discretion.

C. If there are complaints or abuses that are validated, a user's account may be temporarily suspended as a warning or protective measure. OnFave reserves the right to maintain or lift each suspension on a case-by-case basis and to impose further sanctions, such as account termination.

D. OnFave reserves the right to decide whether Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. OnFave may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material.

E. Any account where the owner has not logged in for 6 consecutive months shall be deemed "inactive", then:

• If inactive for 6 months, the account will be deactivated;

• Each deactivated, inactive account may be reactivated by its owner, who will be e-mailed activation instructions; and

• If inactive for 1 year, its owner will be e-mailed a notice that if an unattended monetary balance remains in the deactivated account, there may be a nonrefundable maintenance fee of $5 USA dollars ("USD") per month.

F. Users may request a partial or total withdrawal of funds from their available account balance at any time:

• Transfers to a debit or credit card, PayPal, or other electronic payment account are generally completed in less than 5 business days;

• Check requests are processed twice per month, on the 15th and last day of the month, with checks generally mailed within 2 weeks of processing;

• For a withdrawal by check totaling less than $10 USD, users may be assessed a nonrefundable processing fee of $2 USD;

• Checks not cashed within 90 days of processing may be voided, with the amount redeposited; and

• OnFave reserves the right to hold a withdrawal and/or suspend an account pending completion of any investigation of Abuse.

G. Attempting to defraud the Service using a debit or credit card, or other payment method, or failing to honor legitimate charges or requests for payment will result in account termination as well as, without limiting any provision of the Terms of Use, initiation of injunctive, civil, and/or criminal proceedings.

H. OnFave may hold any monetary balances and/or past and future Rewards if your account is terminated or if OnFave determines, in its sole discretion, that you have violated any condition of or have failed to comply with any provision of these Terms of Use. If you do not adequately address each violation and/or other failure within 30 business days, you shall be deemed to have forfeited such balances and/or Rewards to OnFave.

I. OnFave reserves the right to terminate the account of any user who violates the Terms of Use.

 

9. Contest Eligibility

A. Contests available through the Service are components in an interactive competition platform for adults; therefore, each "direct contest participant" must be of "legal age". Minors in their respective locations and jurisdictions may not register for an account, which enables direct participation in contests as an author, entrant, contestant, competitor, promoter, voter, and/or referrer. The legal minimum age to be considered an adult varies across locations and jurisdictions; in most circumstances you must be at least 18 to 21 years old. Please check local, national, and international laws and regulations that apply to your situation, including residence, location, citizenship, birthplace, and/or other factors.

B. In addition to being of legal age, direct contest participants in the United States of America ("USA") must be:

• a natural person (not an organization, such as a corporation or partnership);

• the person assigned to any e-mail address submitted to register or update an OnFave account;

• a USA citizen or resident with a USA address;

• physically located within the USA;

• aware of laws and regulations of the USA state, district, commonwealth, territory, possession, protectorate, and/or municipality where you are physically located and where you reside concerning direct participation in contests with an entry fee; and

• physically located in a USA state, district, commonwealth, territory, possession, protectorate, and/or municipality where direct participation in contests with an entry fee offered on the Service is not prohibited.

C. In addition to being of legal age, direct contest participants outside of the USA must be:

• a natural person (not an organization, such as a corporation or partnership);

• the person assigned to any e-mail address submitted to register or update an OnFave account;

• aware of laws and regulations of the country, state, province, district, commonwealth, territory, possession, protectorate, and/or municipality where you are physically located and where you reside concerning direct participation in contests with an entry fee; and

• physically located in a country, state, province, district, commonwealth, territory, possession, protectorate, and/or municipality where direct participation in contests with an entry fee offered on the Service is not prohibited.

D. The following persons cannot qualify as direct contest participants or receive any Rewards offered on the Service:

• officers, directors, employees, and agents of OnFave, its parent companies, subsidiaries, and affiliates;

• any other persons with access to non-public information regarding the operation of any contest offered on the Service; and

• immediate family members, including parents, siblings, spouses, children, or any other person permanently residing in the same household with such officers, directors, employees, agents, or persons with access to non-public information.

E. Without the prior written consent of OnFave, direct participation in contests is not allowed in cases where any of the user's activities on the Service may result in taxes, fees, obligations, and/or penalties due from OnFave to any governmental or regulatory body.

F. OnFave does not guarantee that all contests available through the Service comply with all laws and regulations of your particular locations and jurisdictions at any point in time; therefore, you must know how to comply with relevant laws and regulations BEFORE direct participation in contests with an entry fee offered on the Service. By directly participating in such contests, you affirm, represent, and warrant that you assume sole responsibility for compliance with such laws and regulations. For example, users accessing the Service from the USA states of Arizona, Arkansas, Iowa, Louisiana, Maryland, Montana, South Carolina, Tennessee, and Vermont may open an account, post content, and vote on content, but may not enter contests, attempt referrals, and/or earn Rewards.

G. OnFave reserves the right to monitor locations from which you access the Service and/or where you reside, and to block access from any locations or jurisdictions, such as those in which participation is restricted. The Service may require any participant to provide proof of eligibility beyond account information.

H. If you enter contests, attempt referrals, and/or earn Rewards while located in locations or jurisdictions in which participation is restricted, you may be violating the law as well as these Terms of Use, and subject to having your account terminated. In addition, without limiting any rights or remedies available to OnFave, your Rewards may be voided and/or, if already withdrawn by you, recouped by OnFave in its sole discretion.

 

10. Disclosures

A. Contests operated by the Service ARE NOT designed to arbitrarily reward outcomes determined at random or where knowledge, skill, ability, and talent have no bearing on the outcome. Contests operated by the Service ARE designed to impartially reward outcomes determined by knowledge, skill, ability, and talent that attracts quantifiable audience popularity and favorability over time. Contest winners are selected by voters collectively providing structured feedback that values winning performances over other performances submitted by entrants in each contest.

B. Disclosure statements for contests operated by the Service:

• By purchasing a specific entitlement to directly participate in contests ("Package") on the Service, you certify that you understand, agree to, become a party to, and shall abide by, without exception, all published rules and conditions characterizing that Package.

• By participating in a specific contest on the Service, you certify that you understand, agree to, become a party to, and shall abide by, without exception, all published rules and conditions characterizing that contest.

• Users must qualify for an account and pay any fees to enter contests. Paid entrants must then submit content to compete in contests; no Rewards or refunds are offered to entrants who do not submit content to compete for audience votes. One or more entrants with submitted content that attracts the highest positive registered audience vote quantities win the contest.

• Participation in contests on the Service is at your own discretion. You are solely responsible for any monetary or other loss you may experience.

• Lists and displays including contest ID, description, start date, end date, duration, entry price, win percentage, available prize, entrants, winners, and submitted content, along with options to vote and enter, are available for each contest. A list of winners will be posted following completion of the applicable contest. Overall contestant and content performance rankings are designed to be updated every 4 hours or sooner.

• Intermediary results and likely final outcomes for each contest offered on the Service are predominantly influenced by the number of entrants along with the knowledge, skill, ability, and talent of each entrant before and during competition. The process for determining winners is designed to be impartial and final, and you agree to comply with and be bound without exception by such determinations.

• As time to enter and win a particular contest diminishes, and prior to calculating results that determine winners, the Service is designed to throttle, pause, or halt new entries and to redirect potential entrants to contests with more time remaining.

• In case of a tie in winner selection by highest positive registered audience vote quantity, the Service rewards the entrant with content submitted latest to compete in the contest because that contestant has less time to attract the same vote quantity. In case substantial Rewards are at stake, determining winners may be delayed for up to 10 business days while verification of the results takes place; this measure helps to prevent potential abuse, and may be used by OnFave in its sole discretion.

• Except where otherwise noted, for contests with an entry fee the Service retains a predetermined portion of the aggregate total as a management, processing, and/or hosting fee, and one or more winners equally share a predetermined portion of the aggregate total that remains.

• Rewards are generally cash amounts, which are deposited directly into winners' accounts. Any cash Rewards should be dispatched within 4 to 72 hours for winners with clear account status, necessary credentials in place, and functioning means to receive online electronic payments; if online transactions are not enabled for any given winners' accounts as of the win times, such entrants must take corrective action within 48 hours to receive the payment electronically. Otherwise, within 5 business days after winning, entrants must claim cash Rewards by providing or confirming a valid physical mailing address to receive such Rewards by check or money order.

• Retail values of any noncash Rewards are published in each contest description. For any noncash Rewards, within 5 business days after winning, entrants must claim noncash Rewards by providing or confirming a valid physical mailing address to receive such Rewards by parcel.

C. You are solely responsible for all taxes, fees, obligations, and/or penalties resulting from your activities on the Service, in compliance with laws and regulations that apply to you across locations and jurisdictions. Acceptance of one or more Rewards by any user directly participating in activities on the Service shall, for USA tax purposes, characterize such user as an independent contractor in relation to OnFave. To comply with Internal Revenue Service ("IRS") regulations of the USA, OnFave must have certain information on file to facilitate compensating independent contractors who acheive a certain taxable level of Rewards in USD currency through their direct participation in activities on the Service; specifically:

• Every year, OnFave is required to send IRS Form 1099 to each USA citizen or resident who earns $600 or more through the Service during a calendar year as well as IRS Form 1042-S to each non-USA citizen or resident who earns any amount;

• Up to 28% in estimated tax may be withheld on Rewards beyond $600 until users who are USA citizens or residents correctly provide IRS Form W-9 to OnFave (on the form usually, classification should be "individual" and ID number should be your Social Security Number ("SSN") or Individual Taxpayer Identification Number ("ITIN"));

• Up to 30% in estimated tax may be withheld on any Rewards until users who are not USA citizens or residents correctly provide IRS Form 8233 to OnFave every year (on the form usually, services description should be "Content Producer" and ID number should be your SSN or ITIN);

• For tax refunds, returns, and records, yearly summaries of total amounts withheld to pay the IRS are required to be sent, through documents such as IRS Form 1099 or IRS Form 1042-S, by OnFave to such users as well as to the IRS; and

• If you believe that you should not be subject to a particular tax type, rate, level, amount, and/or withholding in relation to payments to the IRS through OnFave, you agree that your sole recourse is to establish or accurately update your declared tax status, as appropriate and permitted through tax forms you provide to OnFave, and/or to contact the IRS to request any refund.

 

11. Operations

A. You accept that many networks, servers, and distribution points may connect you to the Service, and that each is a potential point of failure or delay. If network or system downtime directly impacts the Service, contingency processes are designed to treat affected contestants equally and no refunds or other adjustments are required:

• If there are network issues, contest processes are set to continue on intact disconnected systems; as of reconnection, user entries, content submissions, and audience votes would be allowed to resume for contests not near expiration and would be tabulated to determine winners based on conditions and data in place prior to disconnection for contests past or near expiration; and

• If there are system issues, contest processes are set to pause on non-operational systems; as of restart, user entries, content submissions, and audience votes would be allowed to resume for contests not near expiration and would be tabulated to determine winners based on conditions and data in place prior to non-operation for contests past or near expiration.

B. The Service may cap, limit, and/or throttle activities, events, allowances, and transactions such as deposits, transfers, exchanges, withdrawals, losses, and/or Rewards from any source over time. The Service reserves the right to change applicable amounts, sources, destinations, and periods at any time.

C. The Service may monitor, edit, truncate, filter, group, search, sort, summarize, terminate, and/or delete any comments, messages, e-mails, and/or other communications related to your account in its sole discretion.

D. OnFave reserves the right to deny access to anyone or from any source, including, but not limited to, visitors who use proxy servers and/or IP addresses in certain geographical areas.

E. If you send comments, questions, or suggestions to the Service, including, but not limited to, notes, text, drawings, code, or programs, such submissions become and remain the sole property of OnFave. No submission shall be subject to any obligation of confidence on the part of OnFave, and OnFave shall exclusively own all rights to, and be entitled to unrestricted use of, all such submissions without liability, compensation, or other obligation to you.

F. OnFave reserves the right to communicate using contact or referral information you submit. You grant to OnFave the right to use information identifying you in communications with your contacts and referrals. You represent that you have an established business, social, or personal relationship with each person you externally reach out to using the Service, and that you believe such person is or would be interested in receiving information about the Service and/or your use of the Service.

G. Title for shipped items passes to the intended recipient upon delivery to the carrier.

 

12. Referral Program

A. OnFave will credit a referrer's OnFave account up to 5% on all contest wins of cash Rewards by users referred to OnFave by that referrer. Such Rewards for referrals shall be credited to the referrer's account after a referred user wins a contest and accepts any cash Rewards; wins of noncash Rewards do not qualify for the Referral Program ("Program") and will not result in Rewards for referrals. "Referrer" shall not be interpreted as a legal partner or affiliate, simply as an independent contractor for OnFave under these Terms of Use. If restricted by applicable local, national, and/or international laws or regulations, you may not participate in the Program. All monetary credits to referrers' accounts will be made in USD currency, and may remain in process for a reasonable time to ensure correct amounts are allocated and/or if qualifying wins are on hold.

B. All wins of contests with cash Rewards within 6 months of new registration by qualified referred users will result in Rewards for their referrers. To be eligible for Rewards from a particular referral, the referrer and referred user must each maintain an active account in good standing during this period. Rewards are not available for referring existing account holders; the referred user must be a new OnFave account registrant. Referrals are subject to verification and will be declared invalid if they are illegible, unintelligible, falsified, altered, tampered with, or unlawful in any way. If it has been determined that a referral has been made in a manner not sanctioned by these Terms of Use, the referrer's account may be terminated.

C. Each qualified referred user must register for a new OnFave account after following one referrer's link, which must contain that referrer's single, unique referral code. During each qualified referred user's new account registration, the referral code must be received and saved by the Service. The referral code can only be used once by each qualified referred user, and each qualified referred user can use only one referrer's link.

D. OnFave reserves the right to modify the Program's credit schedules, rates, limits, and/or methods, and may suspend or cancel the Program in its sole discretion. Rewards for referrals earned through any expiration dates or cancellations of the Program or phases of the Program will remain valid only if qualifying wins are not cancelled or refunded. If referrals are submitted by unauthorized means or any qualifying wins are cancelled or refunded, any related Rewards for referrals will be cancelled and completed Rewards for referrals will be deducted from referrers' OnFave accounts.

 

13. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 USC § 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as phone numbers and/or physical and e-mail addresses;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

OnFave's designated Copyright Agent to receive notifications of claimed infringement can be reached at Copyright@OnFave.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to OnFave customer service at Help@OnFave.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;

• Identification of the Content that has been removed or to which access has been disabled, and the location at which the Content appeared before it was removed or disabled;

• A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, OnFave may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at OnFave's sole discretion.

 

14. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF OUR SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ONFAVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SERVICE AND YOUR USE THEREOF. ONFAVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OUR SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED, PROCESSED, OR TRANSMITTED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICE. ONFAVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY OTHER SERVICES OR PRODUCTS OFFERED BY A THIRD PARTY THAT MAY BE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THROUGH OUR SERVICE, AND ONFAVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF OTHER SERVICES OR PRODUCTS. AS WITH PURCHASES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ONFAVE MAKES NO WARRANTIES OR REPRESENTATIONS, IMPLICIT OR EXPLICIT, ABOUT YOUR LEGAL RIGHT, ELIGIBILITY, OR SUITABILITY TO PARTICIPATE IN ANY CONTEST OR OTHER ACTIVITY OFFERED THROUGH OUR SERVICE. ALL REWARDS PROVIDED BY OUR SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH OUR SERVICE HAS AUTHORITY TO MAKE OR TO EXTEND ANY SUCH WARRANTIES OR REPRESENTATIONS.

 

15. Limitation of Liability

IN NO EVENT SHALL ONFAVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED, PROCESSED, OR TRANSMITTED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL ONFAVE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT ONFAVE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

The Service is controlled and offered by OnFave from its facilities in the USA. OnFave makes no representations that the Service is appropriate or available for use in any specific location. Those who access or use the Service do so of their own volition, and are responsible for compliance with applicable local, national, and international laws and regulations. You agree the Service cannot be held liable if laws or regulations applicable to you restrict your participation. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

16. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless OnFave, its parent companies, subsidiaries, and affiliates, as well as its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) actual or perceived damage to a third party caused by your Content; (v) your entry or participation in fee-based contests; (vi) your acceptance and/or handling of any Rewards distributed by the Service; or (vii) activities actually or perceived to be associated and/or peripherally connected with the Service. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

 

17. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OnFave without restriction. Subject to the foregoing, these Terms of Use will be binding upon, and inure to the benefit of, the parties and their respective successors and assigns.

 

18. Disputes

Any controversy, dispute, or claim arising out of or relating to these Terms of Use, their enforcement, arbitrability, or interpretation (collectively, "Claims") shall be submitted to final and binding arbitration, to be held in King County, Washington, before a single arbitrator, under the rules of the Washington Arbitration and Mediation Service (WAMS), as modified by this provision. All Claims shall be resolved individually, without resort to any form of class action; any and all Claims, judgments, and awards shall be limited to the party's actual out-of-pocket expenses, but in no event will attorneys' fees be awarded or recoverable; and under no circumstances will any party be permitted to obtain any award for, and the parties hereby knowingly and expressly waive all rights to seek punitive, incidental, or consequential damages, and/or any other damages (other than actual out-of-pocket expenses), and all rights to have damages multiplied or otherwise increased. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by WAMS, and except as otherwise stated in this provision, the arbitration will be conducted in accordance with the rules of WAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law, or the laws of Washington, or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. Each party expressly waives any right to a jury. The arbitrator's decision shall be controlled by these Terms of Use and any other agreements the applicable user may have entered into with OnFave in connection with the Service. The parties will share equally in payment of the arbitrator's fees, arbitration expenses, and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert, attorneys' fees, and other expenses to the same extent as if the matter were being heard in court). In no event shall you be entitled to injunctive or other equitable relief. In the event any part of this arbitration provision is determined to be invalid, unenforceable, or illegal, the balance of this provision shall remain in effect and shall be construed in accordance with its terms as if the that part were not contained.

 

19. General

You agree that: (i) the Service shall be deemed solely based in Washington; and (ii) the Service shall be deemed a passive site that does not give rise to personal jurisdiction over OnFave, either specific or general, in jurisdictions other than Washington. These Terms of Use shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. At OnFave's sole discretion, Claims may be adjudicated instead of arbitrated and such Claims between you and OnFave, or between any other parties, that arise in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. The terms and conditions located through a link or otherwise referenced in these Terms of Use are hereby incorporated by this reference, and must be requested if otherwise unavailable. These Terms of Use, together with any other legal notices and documents published by OnFave pertaining to the Service, shall constitute the entire agreement between parties concerning the Service. You consent to receive electronic communications in English from OnFave via e-mail and/or post through the Service, and acknowledge that such communications satisfy any legal requirement that the communications be made in writing. 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 this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and OnFave's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. In the event of conflict between language translations of these Terms of Use, the English version governs. OnFave 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. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND ONFAVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.