Terms of Use

Effective Date: September 1, 2020

The FoyPro.Com website and its associated services and content (collectively the “Website” or “FOY”) is owned and operated by Aberythmic LLC. (“Aberythmic”, “our”, “us”, “we”), a Delaware limited liability company with its principal place of business in Playa Vista, California.  Aberythmic has adopted this Terms of Use Agreement (“Agreement”) to inform you (“User(s)”) of your rights and duties when using the Website.  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately. 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

ABERYTHMIC MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT ABERYTHMIC MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

Definitions

As used in this Agreement:

  • “Account(s)” means a User’s account that is required for access to and use of the FOY Website and Services.
  • “Content” means any photographs and/or videos that are temporarily uploaded to the FOY cloud for use with the Services.
  • “Services” means any Content enhancements, such as age reduction technology and other visual effects, provided through FOY that Users receive pursuant to a free trial or subscription. Users may also have the option of storing Content on the FOY Website.
  • “User(s)” means all individuals that create an Account with the FOY Website and pay for access to the Services.
  • “You / Your / You’re” means Users.

About the Website

FOY is a web-based application that allows Users to upload Content to the FOY cloud and have Services, such age reduction technology and/or other visual effects, applied to that Content.  Users can then download the Content onto a computer or mobile device for use and storage.

Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  You warrant that you are a human individual that is eighteen (18) years of age or older.  If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. 

 

You warrant and represent that any and all information that you provide to Aberythmic and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

You warrant and represent that any and all Content uploaded to the website belongs to you and does not infringe on the rights of any third-parties, including intellectual property rights and rights of publicity.  You will not upload Content featuring other third-parties without that third-parties prior authorization.  You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.  Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website.  The Website is operated in the United States and Aberythmic makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations. 

You warrant and agree that by uploading Content to the Website you are allowing Aberythmic to use your Content, including your biometric information such as facial likeness, and the likeness of any third-parties featured in the Content, in association with developing machine learning and/or artificial intelligence.

Ownership of Website and License

You acknowledge and agree that Aberythmic is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Aberythmic.

Aberythmic hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.  Absent prior written permission from Aberythmic, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to Aberythmic. 

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners.  Specifically, all photographs featured on the Website are copyrighted and owned by Aberythmic, unless otherwise stated.  All Aberythmic marks are the property of Aberythmic, including, but not limited to FOUNTAIN OF YOUTH, FOY, and all related logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Aberythmic. You are prohibited from using Aberythmic’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Aberythmic.

 

Website Use & Accounts

Visiting the website is free.  Creating an Account with FOY is free during the trial period, but thereafter requires a paid subscription. Through your Account, you will be able to upload Content to have Services, such as age reduction technology and visual effects, applied to that Content.  You can also manage your information and payment preferences through your Account settings.

When contacting Aberythmic through the Website, you are agreeing to receive email notifications from Aberythmic and other third-parties.  The email notifications from Aberythmic contain an unsubscribe feature that allows you to “opt out” from future notifications.  Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you.  User information will be used consistent with the Privacy Policy.  Aberythmic does not endorse you or discriminate based upon any information provided by you or made available through the Website.

Users agree to keep their Account secure from unauthorized access.  Users will login to their FOY Account using an e-mail and Account password.   Users may alternatively login via SAML Single Sign On.  Users should not reveal their usernames or passwords to others.  Users agree that they alone are responsible for their Account and all associated Content and activities.  Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized.  In the case of unauthorized access to a User’s Account, you agree to contact Aberythmic immediately.  Users agree to hold harmless and indemnify Aberythmic for any damages that arise out of or in relationship to the use of their Account.

You have a duty to ensure that the information and Content provided through the Website and your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Account and the Website if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Website.  Aberythmic reserves the right to restrict access to, monitor, suspend, disable, or delete User’s Content or information at any time, in its sole discretion, and without prior warning.  You agree to hold harmless and indemnify Aberythmic for any damages that arise out of or in relation to the use of the Website.

Users may cancel their Account within your Account settings. If a user cancel’s their Account, Aberythmic is under no obligation to preserve your data or Content for any length of time and will not be responsible for any loss of data.  Aberythmic is under no obligation to provide you with the data associated with your Website use, except as otherwise provided in the Privacy Policy.  Aberythmic recommends that you maintain your own backup of Content and information submitted to the Website.

 

Payment

The Website and Services may be accessed for free during the trial period.  To access the free trial, Users must have a credit card on file in their Account.  After the trial period is over, Users agree that their credit card will be charged, and they have the option to sign up for either a paid subscription to FOY or a “pay as you go” credit pack option.  To subscribe for a paid FOY Account, Users must sign up for a plan as reflected on the Website.  By signing up for an Account, Users agree to be billed on a monthly recurring subscription basis, or on a “pay as you go” credit pack basis.  Aberythmic reserves the right to change the subscription prices at any time.

 

Payments toward a FOY Account subscription are processed through a third-party payment processor, PaymentWorld.  Aberythmic reserves the right to charge and/or change the service fee at any time.  Users agree that they are responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Website and purchases made therefrom.  You understand and agree that Aberythmic will not be held liable for any User’s failure to complete a transaction entered into through the Website.  By utilizing PaymentWorld, Users agree that they may be subject to their separate Terms of Use found here.  

Refund Policy

Aberythmic has a no refund policy.  If a User cancels their subscription to FOY, Users will retain access to the paid features of the Account until the next billing cycle.  After your subscription expires, you will lose access to paid features of their FOY Account and all data associated with those features.

Prohibited Uses

You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are prohibited from:

  • Posting or transmitting content that:
    • Infringes upon the intellectual property rights of others;
    • Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
    • Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
    • Incites any illegal activity or unlawful sexual solicitation;
    • Relates to weaponry, controlled substances, gambling, or debt collection;
    • Raises support or defense of anyone alleged to be involved in criminal activity;
    • Impersonates another or is fraudulent, inaccurate, or misleading;
    • Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
    • Intends to collect personal or personally identifiable information from others;
    • Violates any term or condition of this Agreement;
  • Using a robot, spider, scraper, or other automated technology to access the Website;
  • Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  • Attempting to gain access to the private data or personal information of a Website user or third party;
  • Circumventing Aberythmic’s technological and physical security measures;
  • Suggesting an affiliation with or endorsement by Aberythmic.

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Aberythmic by sending an email to: legal@aberythmic.com.

Mobile Devices

The Website is fully accessible via a mobile device.  To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply.  Aberythmic is not responsible for any fees or errors that occur while accessing the Website via mobile device.  

 

Section 230 of Communications Decency Act

You acknowledge and agree that Aberythmic is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Aberythmic may edit, remove, or control the content displayed through the Website, you agree that Aberythmic will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise. 

Third Party & Affiliate Links

You understand that the Website may contain links to third party websites, applications, or services that Aberythmic does not own or control. You agree that Aberythmic will not be held responsible or liable for the content of third-party websites, applications, or services and that Aberythmic’s inclusion of those websites, applications, or services within its Website does not constitute Aberythmic’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

No Endorsement

From time to time, Aberythmic will refer to commercial products, processes, services, experts, and/or websites.  Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate.  Aberythmic does not endorse any commercial product, process, service, expert, or website.  The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of Aberythmic and are not intended to be used for product endorsement purposes.

Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation.  Aberythmic may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

Disclaimer of Warranties

ABERYTHMIC DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. ABERYTHMIC PROVIDES THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

ABERYTHMIC WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT UPLOADED TO OR POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. ABERYTHMIC IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. ABERYTHMIC RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

ABERYTHMIC WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

Limitation of Liability

ABERYTHMIC WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT ABERYTHMIC CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO ABERYTHMIC, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. ABERYTHMIC IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnification

You agree to hold harmless, indemnify, and defend Aberythmic, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services made through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend Aberythmic under the terms of this Agreement will not provide you with the right to control Aberythmic’s defense, and Aberythmic reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Aberythmic.

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Aberythmic may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Jurisdiction, Governing Law, and Resolution of Disputes

This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of California without giving effect to any conflicts of laws principles.  The parties submit to and agree to personal jurisdiction in California, with venue proper in Playa Vista, California.  

YOU AND ABERYTHMIC AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM ABERYTHMIC, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN PLAYA VISTA CALIFORNIA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND ABERYTHMIC AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF CALIFORNIA. YOU AND ABERYTHMIC AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

Aberythmic hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Pricing Page constitutes the entire agreement between the parties with respect to the use of the Website. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Aberythmic.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and Aberythmic will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Aberythmic inadvertently collects such personally identifiable information, Aberythmic will delete the personally identifiable information in accordance with its security protocols.

Limitation on Actions

ABERYTHMIC AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ABERYTHMIC ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Reservation of Rights

All rights not expressly granted herein are reserved to Aberythmic.

Notice

Any notice required by this Agreement must be in writing and must be emailed to: legal@aberythmic.com.

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.

© 2023 Aberythmic, LLC