UPDATED AND EFFECTIVE AS OF 15TH SEPTEMBER 2023
Welcome to the FAVE website https://myfave.com/ (“Site”) and/or FAVE mobile apps (“App”) (collectively, the “Platform”).
6. USER’S CONTENTS AND UNDERTAKINGS (AS APPLICABLE)
6.1. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not FAVE, are entirely responsible for all Content that you uploaded, posted, emailed, transmitted or otherwise made available through or on the Platform.
6.2. You acknowledge that we and our designee(s) shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, delete, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Platform. Without limiting the foregoing, we and our designee(s) shall have the right to remove any Content:
(b) if we receive a complaint from another User;
(c) if we receive a notice of intellectual property infringement or other legal instruction for removal; or
(d) if such Content is otherwise objectionable.
6.4. You acknowledge that by accessing or using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the fullest extent permitted by applicable law, under no circumstances shall we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.
6.6. You shall not, and agree and undertake to FAVE not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(d) remove or alter any proprietary notices from the Platform;
(e) cause, permit or authorise the modification, creation of derivative works, or translation of the Services without our express permission;
(f) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein or for fraudulent or illegal purposes;
(g) use the Services in a dishonest or fraudulent way to obtain any advantage, benefit or secret profit from any third party.
(h) take any action that may undermine or manipulate the feedback or ratings systems;
(i) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;
(j) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or business information;
(k) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(l) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(m) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
(n) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(o) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
(p) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(q) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation, code, directive, guideline or policy including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-fraud, anti-money laundering, counter-terrorism, unlawful proceeds and anti-corruption;
(r) use the Services in violation of or to circumvent any sanctions or embargo administered or laws enforced;
(s) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(t) infringe the rights of FAVE, including any intellectual property rights and any passing off of the same thereof;
(u) reproduce, attempt to reproduce, counterfeit or resale any Merchant Offering (as defined in the Specific T&C section below) and/or any Cashback (as defined in the Specific T&C section below); and/or
(v) use the Services to mine, collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.
6.7. By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the relevant licences to us. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with laws and legal restrictions associated with any Content contribution. You hereby grant to us and our successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to unconditionally waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
6.9. You shall indemnify, defend and hold harmless FAVE and its subsidiaries, affiliates, related entities, directors, officers, agents, representatives, co-branders and employees from all actions, claims and demands which may be instituted or made against you arising from your use of third party’s intellectual property rights or violation of any applicable intellectual property laws.