Please note: (1) you MUST be 13 years or older to install or to use the Facicons Toolbar Software. If you are not yet 13, do not download Facicons Software; (2) the Facicons Software is not intended for use by or be available to persons under the age limit of any jurisdiction which restricts the use of Internet-based applications and services according to age. IF YOU RESIDE IN SUCH A JURISDICTION AND ARE UNDER THAT JURISDICTION'S AGE LIMIT FOR USING INTERNET-BASED APPLICATIONS OR SERVICES, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE FACICONS SOFTWARE AND YOU MAY NOT ACCESS THE SERVICES.
When you download the Facicons Software, you will receive the following software features:
1. Facicons for Web: An add-on toolbar that allows you to easily add fun content to your web conversations (Facebook "Status" & "Comments"). This content is updated constantly and offers fun Emoticons, special effects and more
Facicons content selection: Facicons give you an additional interface in your share dialog ( such as facebook share dialog or twitter post update) that enables you to add Faciconss content to your web conversation/posts.
Facicons Toolbar for IE and for Firefox and for Chrome: A toolbar that is located on your internet browser and allows you to:
allows you to search the web through:
a. A search box in the toolbar.
b. Default Search (for IE 7 and Firefox): Using the search box next to the address bar. Upon installation, we offer you to use Facicons search as your default search provider in IE7/8 and Firefox. You can manually choose other search providers by clicking on the drop down button next to the search box.
Home page: Upon installation, we offer you to change your Home Page to the Facicons Home Page which is essentially a Web search page. If you do not want to accept this change, you may uncheck the relevant box in the set-up process.
New tab when opening a new tab in your browser Facicons will enable to search the web immediately from the opened new tab, If you do not want to accept this change, you may uncheck the relevant box in the set-up process.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE FACICONS SOFTWARE.
THE SOFTWARE (ASIDE FROM THE FACICONS Extension FOR Chrome) CAN BE UNINSTALLED FROM THE "ADD OR REMOVE PROGRAMS" DIALOG BOX IN THE WINDOWS CONTROL PANEL.
To uninstall Facicons for web based messengers & Facebook, go to "Add Remove Programs" in your Control panel. Look for "Facicons " program and click the "remove" button. When you uninstall Facicons, you will remove the toolbar along with the ability to use the Facicons content, if you have have "Chrome" go to "Extensions" and remove it from there.
VIII. License Grant.
The Facicons Software is being licensed to you by Facicons on an "AS IS" basis, for your private personal use only. Subject to the terms of this Agreement, Facicons and its current, and future , parent and subsidiary companies (collectively "Licensor", "we", "us" or "our") hereby grants you a limited, non-exclusive, personal, non-sub licensable, non-assignable license to download, install and use the Facicons Software, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "Facicons Software") onto a computer for your sole use to install, interact with and utilize the Facicons Software, including the content and features contained therein and the services and the Network related thereto ("Services"). The Facicons Software may only be used in connection with the Services. As used herein, the term "Network" means the universe of computers connected to the Internet that are operating the Facicons Software.
IX. License Conditions.
(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Services, Facicons Software or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the Facicons Software, the Services or the Network; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Facicons Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of Facicons; (iv) export or re-export the Facicons Software in violation of export laws; (v) use the Facicons Software or Services for any commercial purpose or the benefit of any third party or charge any person for the use of the Facicons Software; or (vi) use the Facicons Software or Services to, or in any way that would violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the Network or users of the Facicons Software or Services by monitoring, interdicting or intercepting any process of the Facicons Software or the Network; and (viii) use any type of bot, spider virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage or disassemble the Facicons Software, the Services or the Network. Furthermore, you may not use the Facicons Software or Services to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Facicons Software or Services, (D) performs any unsolicited commercial activity not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
X. Permission to Utilize
In order to receive the benefits provided by the Facicons Software, you hereby grant permission for the Facicons Software to (i) utilize the processor and bandwidth of your computer, only in order to provide you with the Services (ii) use your Instant Web based messengerss identification that you have submitted to your instant web based messengers provider in order to login to Facicons and receive the Facicons Services for Instant Web based messengers.
FACICONS IS TAKING REASONABLE MESURES IN ATEMPT TO KEEP THE FACICONS SOFTWARE AND SERVICE SECURE. HOWEVER, LIKE ALL OTHER INTERNET SOFTWARE PROVIDERS, THE SOFTWARE, SERVICE AND SITE MAY STILL BE VULNERABLE TO VARIOUS SECURITY ISSUES AND FOR THAT REASON, SHOULD NOT BE CONSIDERED SECURE.
IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU ARE ADVISED NOT TO USE THE FACICONS SOFTWARE OR SERVICE.
XII. Proprietary Rights
The Facicons Software and Services contain proprietary and confidential information of Facicons, including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the Facicons Software, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of Facicons and its suppliers, and except for the limited license granted to you, Facicons reserves all right, title and interest in and to the Facicons Software. You shall not take any action to jeopardize, limit or interfere with Facicons's ownership of and rights with respect to the Facicons Software and Services. You acknowledge that any unauthorized copying or unauthorized use of the Facicons Software or Services is a violation of this Agreement and copyright laws and is strictly prohibited.
XIV. Installation, Operation and Removal
UPON INSTALLATION Facicons software will be added to your Instant Web based messengers and Facebook platform allowing you to add Emoticons, other graphics and sounds to your chats and Facebook "Status" & "Comments". In addition, Facicons will be added to your Internet browser in the form of a toolbar.
All of the collected information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering better search services and content in accordance with your preferences.
Facicons constantly follows activity and usage of the Facicons Software. By analyzing the aggregated information on usage of our product, Facicons can improve the product and offer you better service.
Facicons reserves the right to disclose any information it deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of Facicons, its employees or the public. Facicons also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in Facicons's sole discretion.
If you wish to withdraw your consent to any of Facicons features as described herein, you should uninstall the Software from your computer. Uninstall instructions are detailed above.
XV. Your Representations and Warranties
(a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the Facicons Software and Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the Facicons Software or the Network or to defeat or overcome any encryption and/or other technical protection methods implemented by Facicons with respect to the Facicons Software and/or data transmitted, processed or stored by Facicons or other users of the Facicons Software, (iv) you will not take any steps to interfere with or in any manner compromise any of Facicons's security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested by Facicons, and (vi) you will only use the Facicons Software and Services on a computer on which such use is authorized by the computer's owner.
(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the Facicons Software, Network or Services, except to remove the Facicons Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the Facicons Software, Network or Services. Facicons reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
(c) If Facicons has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, Facicons may terminate this license, deny any or all use of the Facicons Software and/or Services, and pursue any appropriate legal remedies.
If at our request you send content (e.g., postings, contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Facicons. None of the Submissions shall be subject to any obligation of confidence on the part of Facicons, and Facicons shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Facicons shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
You agree to indemnify, hold harmless and defend Facicons and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by Facicons arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the Facicons Software and/or Services.
XVIII. Disclaimer of Warranties.
(a) THE FACICONS SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY FACICONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE FACICONS SOFTWARE OR SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FACICONS FURTHER DOES NOT REPRESENT OR WARRANT THAT THE FACICONS SOFTWARE OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE FACICONS SOFTWARE AND SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) THE FACICONS SOFTWARE MAY BE UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO FACICONS. YOU AGREE THAT FACICONS WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 13 (a) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.
(d) As some jurisdictions do not allow some of the exclusions set forth in this Section 12, some of these exclusions may not apply to you.
XIX. Limitation of Liability.
(a) IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL FACICONS, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS OF ANY TYPE , DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE FACICONS SOFTWARE OR THE SERVICES, EVEN IF FACICONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE FACICONS SOFTWARE AND/OR SERVICES IS TO UNINSTALL AND CEASE USE OF SUCH FACICONS SOFTWARE AND SERVICES.
(c) IN NO EVENT WILL FACICONSS CUMULATIVE LIABILITY TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS OR DAMAGES SHALL EXCEED THE LOWER OF (I) AMOUNT FACICONS RECEIVED FROM YOU FOR THE LICENSE; OR (II) $100 USD, EVEN IF FACICONS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
XX. Customer Support
Facicons may, but is not required to, provide you with customer support ("Support"). Facicons may terminate any Support it provides at any time in its sole discretion.
XXI. Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labeled "I ACCEPT" or such similar links as may be designated by Facicons to download the Facicons Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE FACICONS SOFTWARE OR SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
XXII. General Provisions.
Facicons reserves all rights not expressly granted herein. Facicons may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at Facicons www.Facicons.com. Your continued use of the Facicons Software and/or Services shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and Facicons. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of Facicons at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of Israel without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Israel and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the Facicons Software and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Facicons may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice.
It is important to note that your friends will not be able to enjoy the "Smileys" that you post to your "Facebook Wall" or "Facebook Comments" if they don't have Facicons installed on their computer.
If the Facicons service is used when you write post or comment, In order to notify your friends that content you added is not visible to them, Facicons adds a notification as such to the end of the post/comment:
"I've added Smileys to this status/comment update. Wanna see them? Go to http://s.facicons.com"
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE FACICONS SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO FACICONS THE RIGHTS SET FORTH HEREIN.