Last updated: March 2024
Terms of Service
Use License

Agreeing to Terms

By signing up as a client of Bareface Inc. or using the bareface.io website, you agree to be legally bound by these conditions. Please read these terms of service carefully. Bareface Inc. may change these terms at any time by updating this page. You should visit this page periodically to review these conditions, as they are binding to you. If you do not agree with ALL of these terms, you are expressly prohibited from using the site and must discontinue use immediately.

Terms of Sale

Late Payment Penalties. Interest shall accrue on any late payment owed to Bareface Inc. hereunder not made within sixty (60) days of the date such payment is due, at an annual interest rate equal to five percent (5%) or the highest rate permissible by law, with such interest accruing from the date the payment was originally due, and any late payment under this Section shall be credited first to interest and then to any outstanding fees.

Orders. Purchasing a custom product (a product that is made to order based on customer specifications) from us constitutes an agreement to pay, in total, for services rendered and is not contingent on any factors (including, but not limited to, delivery date promises, estimates, or customer dissatisfaction) except proof of services rendered, which shall be evidenced solely by a picture of the services rendered on our website. Unpaid balances may be automatically billed to your payment method on file.

Edits. We provide unlimited edits for our headshots. Most edits are free, though significant changes might incur an additional fee. Orders will be automatically marked as "Approved" if no request for revision is submitted within seven days after delivery. Order status reminders are sent out regularly to the email address associated with the order. Once an order is marked as “Approved,” no further changes are permitted.

Due to the custom nature of all orders, Bareface Inc. cannot issue refunds for our services.

Cancellations are only permitted within 24 hours of submitting the order.

Website Limitations

Bareface Inc. or its suppliers will not be held accountable for any damages that will arise with the use or inability to use the materials on Bareface Inc.'s Website, even if Bareface Inc. or an authorized representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties or limitations of liability for incidental damages; these limitations may not apply to you.

Website revisions and Errata

The materials appearing on Bareface Inc.' Website may include technical, typographical, or photographic errors. Bareface Inc. will not promise that any of the materials on this Website are accurate, complete, or current. Bareface Inc. may change the materials on its Website without notice. Bareface Inc. does not make any commitment to update the materials.

Website Links

Bareface Inc. has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement of the site by Bareface Inc. The use of any linked website is at the user’s own risk.

Site Terms of Use Modifications

Bareface Inc. may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you agree to be bound by the current version of these Terms and Conditions of Use.

Please read our Privacy Policy.

Governing Law

Any claim related to Bareface Inc. Website shall be governed by the laws of CA without regard to its conflict of law provisions.

Refunds & Returns

Due to the custom nature of all orders, Bareface Inc. cannot issue refunds for the services we provide. Should a customer not be satisfied with their illustrated design, we will offer the ability to upload one additional image per subject for illustration. Additionally, we provide unlimited edits on all illustrations. Most edits are free, though significant changes may incur a fee

Accreditation & Promotions

Bareface Inc. retains the right to reproduce, publish, and display the deliverables in the company's portfolios and websites and on social media channels for recognition of creative excellence or professional advancement and to be credited with authorship of the Deliverables in connection with such uses. The services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.

You agree to grant Bareface Inc. the right to use your deliverable in connection with the submitted materials and other information, as well as in connection with all advertising, marketing, and promotional material related to it. You agree that you shall have no recourse against Bareface Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Bareface Inc.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use you make of optional tools offered is entirely at your own risk and discretion. You should make sure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

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LICENSEE: The individual or legal entity is listed as the purchaser during checkout.

USE TERMS: Personal or commercial use on all social media accounts, websites, and digital paid advertisements (including use in connection with public performances, film or television broadcasts, or web or mobile app development performances).

This AGREEMENT contains the terms and conditions of the non-exclusive, limited copyright license to use the digital content (“Licensed Assets”) made available through www.bareface.io, and related mobile application (collectively, the “Site”) by Bareface, Inc..

BY COMPLETING THE CHECKOUT PROCESS ON THE SITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS & CONDITIONS OF THIS AGREEMENT; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BAREFACE, AND (3) IF YOU ARE A LEGAL ENTITY, THE PERSON SIGNING THIS AGREEMENT HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE LEGAL ENTITY AND TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE ANY LICENSED ASSET.

This Agreement is between you or the legal entity listed as the purchaser during the checkout process (“You”), as a licensee, and Bareface, as a licensor on behalf of itself.

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‍ASSET MANAGEMENT.  

‍You may only upload a Licensed Asset to (i) a server owned and controlled by You or (ii) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by You, in each case for use of a Licensed Asset by You as permitted herein.

USE LICENSE.

‍This Agreement permits Non-commercial use and Commercial use, as these terms are defined herein, of the Licensed Assets, as expressly specified in and limited by Sections 4 through 7.

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3.1. Commercial Use.  

“Commercial” use is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Your use of a Licensed Asset. If any one or more of the criteria in (i), (ii), and (iii) is met, then the use is deemed “Commercial”.

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3.2. Non-commercial Use (Personal).

“Non-commercial” use is a use for solely personal purposes; any use that meets the definition of “Commercial use” cannot be a Non-commercial use.

‍PERMITTED USES.  

‍This Agreement permits You to use the Licensed Assets in social media, marketing, and digital advertisements as follows:

4.1. Personal Social Media for Non-Commercial Use.  

Unlimited non-commercial use in Your social media accounts (e.g. Facebook, Instagram, Tik Tok, Twitter, LinkedIn, and similar platforms.).  

4.2.Company Social Media for Commercial Use.  

Unlimited commercial use for the social media accounts of Your owned and managed business social media accounts (e.g. business Facebook, Instagram, Tik Tok, Twitter, LinkedIn and similar platforms) or in materials or work product you create for a client or other third party.  

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4.3. Digital Advertisements for Commercial Use.  

Unlimited use in internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, LinkedIn Ads, etc. for Commercial use.

4.4.Quantity Limitations on Promotion and Advertisements.  

There is no limit on the number of impressions of social media posts or advertisements incorporating a Licensed Asset for Commercial use or Non-commercial use (where Non-commercial use is applicable).

‍LICENSE LIMITATIONS.

‍This Use License is limited as described below:

5.1.Trademark.  

Licensed Assets may not be used as part of a trademark, service mark, design mark, tradename, or similar use.   In no event does this Agreement allow You to -- and You shall not seek to -- register, protect, or enforce any trademark or similar rights in a Licensed Asset.  

5.2. Copyright.

You may not claim a Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).

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5.3. Future Technologies.

The license granted herein is limited to the expressly permitted uses stated in this License Agreement.  Future-existing technologies and uses are expressly reserved and not included within the scope of the license.

‍PROHIBITED USES.

‍Nothing in this Agreement grants You any of the following rights, all of which rights are strictly prohibited and expressly retained by Bareface:

6.1. Resale or Sub-Licensing of a Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited.

6.2. Use of the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of a Licensed Asset that:  (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;(iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; or (ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

6.3. Any other use that is not expressly permitted in Section 4 (“Permitted Uses”) is strictly prohibited.

‍TERMINATION.

Bareface may terminate this license granted hereunder at any time if You breach any of the terms of this or any other agreement with Bareface, in which case You must immediately: (i) cease using all Licensed Assets; (ii) delete or destroy any copies; and (3) if requested, confirm to Bareface in writing that You have complied with these requirements. Further, if You use a Licensed Asset on a social media platform or other third-party website and the platform or website uses (or communicates that it plans to use) a Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Bareface’s request, You agree to remove any content from such platform or website.
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‍INDEMNITY AND RELEASE.

You will defend, indemnify and hold Bareface, and its subsidiaries, affiliates, officers, directors, agents, partners and employees (collectively, the “Bareface Parties”) harmless from any claim or demand, including reasonable attorney’s fees, arising out of Your use of a Licensed Asset. You hereby release the Bareface Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from any Licensed Asset or use thereof. If You are a California resident, You waive Your rights under California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

LIMITATION OF LIABILITY: IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ANY Bareface PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM A LICENSED ASSET, WHETHER OR NOT BAREFACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL BAREFACE BE LIABLE TO YOU IN THE AGGREGATE FOR MORE THAN THE AMOUNT RECEIVED BY BAREFACE AS A RESULT OF YOUR USE OF A LICENSED ASSET DURING WHICH YOUR FIRST ASSERTS A CLAIM. IF YOU HAVE NOT PAID BAREFACE ANY AMOUNTS DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, BAREFACE’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO TEN DOLLARS ($10.00). FOR THE AVOIDANCE OF DOUBT, BAREFACE’S LIABILITY WILL BE LIMITED TO SUCH AMOUNTS IN THE AGGREGATE FOR BOTH THIS AGREEMENT AND THE TERMS OF USE. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BAREFACE.

‍DISPUTE RESOLUTION.

You and Bareface, Inc. agree that, if there is any controversy, claim, action, or dispute arising out of or related to this Agreement, or the breach, enforcement, interpretation, or validity of this Agreement or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to us at: hey@bareface.io. Both you and Bareface agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that You and Bareface would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. The arbitrator, and not any provincial or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.

‍ENTIRE AGREEMENT.

This Agreement, along with the Terms of Use, the Privacy Policy, and any other agreement ancillary to Your use of a Licensed Asset, constitutes the entire understanding between the parties concerning the subject matter hereof and supersede all prior discussions, agreements and representations, whether oral or written and whether or not executed by You and Bareface.

‍BINDING EFFECT.

This Agreement will inure to the benefit of and be binding upon the parties, their successors, administrators, heirs, affiliates, and assigns.

‍NO WAIVER.

No failure or delay on the part of Bareface in the exercise of any right or privilege hereunder, including the right to cancel, shall operate as a waiver thereof, nor shall any single or partial exercise of such right or privilege preclude other or further exercise thereof or of any other right or privilege.

‍SEVERABILITY.

In the event any one or more of the provisions of this Agreement is held to be unenforceable or invalid under applicable law: (i) such unenforceability or invalidity shall not affect any other provision of this Agreement; (ii) this Agreement shall be construed as if said unenforceable or invalid provision had not been contained herein; and (iii) the parties shall negotiate in good faith to replace the unenforceable or invalid provision by such as has the effect nearest to that of the provision being replaced.

‍RETURNS / REFUNDS.

No refund(s) or exchange(s) are allowed. If something goes wrong with Your order, we will make every reasonable effort to fix any problem(s) or issue(s).

‍MODIFICATIONS.  

‍Bareface may modify this Agreement by posting an updated version on the Site. The then current version of the Agreement posted at the time of purchase shall apply to purchases (even if a Licensed Asset is downloaded after the License Agreement is updated). Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) You are notified of its option to apply the updated terms to prior purchases and expressly agree (e.g., via clicking “Agree”) or (2) such modification does not adversely affect any of Your rights and (3) Bareface notifies You of the changes and that they will apply retroactively (e.g., via email to the address on file)."

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