Welcome to Friendship Zone, a social utility that connect you with the people around you.
The Friendship Zone service and network (collectively “Friendship Zone” or “the Service”) are operated by Friendship Zone Limited, registered charity, and its corporate affiliates (collectively, “us”, “we” or “the Company”).
By accessing or using our website at www.friendship-zone.co.uk or other associated with it domains or the mobile version thereof (together the “Site”) or by posting a Share button on your site, you (“the User”) signify that you have read, understood and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of Friendship Zone.
We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without further notice. If we do this, we will notify users about it.
Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site.
It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLASE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
This Site is intended solely for users who are ten (10) years of age or older, and users of the Site under 10 are unauthorised, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 10 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sounds and other files, and their selection and arrangement (the “Site Content”) are the proprietary property of the Company, its users or its licensors with all rights reserved.
No Site Content may be modified, copies, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form by any means, in while or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.
Provided that you are eligible for use of the Site, you are granted a limited licence to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access, solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.
Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Contents is strictly prohibited.
Such licence is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorised herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein.
Such unauthorised use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise.
This licence is revocable at any time without notice and with or without cause.
Trademarks
Friendship Zone and other Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, of the Company which may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
User Conduct
You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only unless you are registered as a company or a musical band. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libellous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the site to:
· Harvest or collect email addresses or other contact information of other users from the service or the site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
· Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
· Use automated scripts to collect information form or otherwise interact with the Service or the Site;
· Upload, post, transmit, share, store or otherwise make available any content that we deem to be pornographic, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
· Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
· Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
· Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or you affiliation with any person or entity;
· Upload, post, transmit, share or otherwise make availability any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “or any other form of solicitation;
· Upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
· Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
· Solicit personal information from anyone under 10 or solicit passwords or personally identifying information for commercial or unlawful purposes;
· Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· Intimidate or harass another;
· Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
· Use or attempt to use another’s account, service or system without authorisation from the Company, or create a false identity on the Service or the Site.
· Upload, post, transmit, share, store or otherwise make available content that, in the sole judgement of Company is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Friendship Zone Code of Conduct that provides further information regarding the authorised conduct of users on Friendship Zone.
User Content Posted on the Site
Please note that most of the submitted by you content is moderated prior going live, though you are solely responsible for the photos, profiles (including your name, image and likeness), messages, notes, text, information, music, video, advertisements, listing, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit or to share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obliged to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgement of the Company violates this Agreement or the Friendship Zone Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage or the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative work of, or incorporate into other works, such User Content, and to grant and authorise sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove you User Content, the licence granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Friendship Zone does not assert any ownership over your User Content; rather, as between us and you subject to the rights granted to us in these Terms, you retain full ownership of all your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Friendship Zone Mobile Services
The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to Friendship Zone via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to Friendship Zone messages, to poke and receive pokes and to write wall posts using text messaging (Mobile Texts), (iii) the ability to browse Friendship Zone from your mobile phone (Mobile Web), and (iv) the ability to access certain Friendship Zone features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the “Mobile Services”). We might charge for some of these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees could also still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing or using certain mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices, Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By registering your mobile phone and using the Mobile Services, you will agree that we can communicate with you regarding Friendship Zone and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us and you would take part in our mobile services promotional compaigns. In the event you change or deactivate your mobile telephone number, you agree to promptly to update your Friendship Zone account information to ensure that your messages are not sent to the person that acquires your old number.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting and otherwise transmitting on the Friendship Zone website or service any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Friendship Zone Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.
Repeat Infringer Policy
The Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites (“Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content can be but not always is investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third Party Sites accessed through the Site or any third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Share Service
The Company offers a feature whereby users of the Site can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (“the Share Service”). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software and Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.
Use of Share Links by Online Content Providers
Subject to the terms and conditions of these Terms of Use, Third Party Sites that meet the requirements set forth below may place a Share Link (as described below), in the form approved by the Company, on pages of their web sites to facilitate use of the Share Service. A Third Party Site that posts a Share Link on its web site is referred to herein as an “Online Content Provider” and shall abide a be subject to the applicable sections of these Terms of Use. A “Share Link” is a button and/or a text link appearing on an Online Content Provider’s web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with other or post to their own member profile, links and content from that page.
In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Company, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider’s site and solely in the current form provided by the Company. In the event that the Share Link is a text link, it must include the word “Friendship Zone” as part of the link. The rights granted in this paragraph may be revoked by the Company at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site.
In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shares or posted by answer would be a violation of the user conduct rules set forth above. Without limiting the foregoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is pornographic, infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose the Company or its users to any harm or liability of any type. Upon including of a Share link, Online Content Provider agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share link, or any breach or alleged breach of the foregoing representations and warranties.
By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, public perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.
Friendship Zone Marketplace
All listings posted on or through the Friendship Zone Marketplace service and all transactions conducted in connection therewith are subject to and governed by Friendship Zone Marketplace Guidelines (the “Guidelines”) from time to time as well as these Terms of Use. When you use Friendship Zone Marketplace in any manner you are agreeing to abide by and be subject to change without prior notice at any time, in the Company’s sole discretion, so you should review the Guidelines each time you use Friendship Zone Marketplace. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through Friendship Zone Marketplace. You acknowledge that Friendship Zone is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to delivery any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by Friendship Zone applicable to Friendship Zone Marketplace are set forth on the Site, and all terms and conditions applicable to such fees are set forth in the Friendship Zone Terms of Sale. However, please note that the Terms of Sale do not apply to your purchase of products or services from third parties through Friendship Zone Marketplace, as those transactions are strictly between you and the other party to the transaction. ALL USE OF FRIENDSHIP ZONE MARKETPLACE IS PROVIDED “AS IS” AND AT YOUR OWN RISK.
Friendship Zone Platform Applications
The Friendship Zone Platform is a set of APIs and services provided by Friendship Zone that enable third-party developers ("Platform Developers") to create websites and applications that retrieve data made available by Friendship Zone and its users and/or that retrieve authorised data from third-party sites for use on the Friendship Zone Site ("Platform Applications")
ALL USE OF THE FRIENDSHIP ZONE PLATFORM IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
Users who install Platform Applications must agree to the terms and conditions set forth in the Platform Application Terms of Use ("Application User Terms") and in these Terms of Use. The Application User Terms are subject to change without prior notice at any time, in the Company's sole discretion, so you should review these terms each time you install an application and from time to time. Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Platform Applications. Platform Applications have not been approved, endorsed, or reviewed in any manner by Friendship Zone, and we are not responsible for your use of or inability to use any Platform Applications, including the content, accuracy, or reliability of such Application and the privacy practices or other policies of Developers. YOU USE SUCH PLATFORM APPLICATIONS AT YOUR OWN RISK.
If you, your friends or members of your network use any Platform Applications, such Platform Applications may access and share certain information about you with others in accordance with your privacy settings as further described in our Privacy Policy. Platform Developers are required to agree to restrictions on access, storage and use of such information. However, while we have undertaken contractual and technical steps to restrict possible misuse of such information by such Platform Developers, we do not screen or approve Developers, and we cannot and do not guarantee that all Platform Developers will abide by such restrictions and agreements. Certain actions you take through the Platform Applications may be displayed to your friends in your Profile, Mini-Feed and News Feed, and you may opt out of displaying your Platform Application actions on the Privacy Settings page. Please report any suspected misuse of information through the Friendship Zone Platform as described in our Privacy Policy.
Friendship Zone Connect
Friendship Zone Connect ("Connect") enables participating third party websites to work just like Friendship Zone Platform applications. Once you allow a third party website to connect with Friendship Zone, you will be able to use your Friendship Zone login information to log into that website. The third party website will be able to: generate and publish news feed and other stories about actions you take on their website; access Friendship Zone information related to you (including your profile information, friends, and privacy settings) so you can use your Friendship Zone information on the third party site; and allow you to interact with your friends on the website. In order to make Connect possible, you agree to allow Friendship Zone to check your Friendship Zone cookies when you are visiting participating third party websites, and allow Friendship Zone to receive information concerning the actions you take on those third party websites. In addition, once you allow a participating third party website to connect with Friendship Zone, you agree to allow Friendship Zone and such third party website to generate and publish news feed and other stories about actions you take on the website without any additional permission.
When your friends connect their Friendship Zone account with a participating third party website, Friendship Zone Connect will enable them to find Friendship Zone friends that may also be users of that third party website, and invite them to use Connect as well..
Connect also gives you the ability to permit Friendship Zone and participating third party websites to generate and publish news feed and other stories about actions you have taken on such websites, even if you have not gone through the Connect process. In such cases, you will be asked whether you want to publish the story on Friendship Zone, and will be given the opportunity to save your answer for future stories.
Friendship Zone Pages
Friendship Zone Pages are special profiles used solely for commercial, political and charitable purposes. You may not set up a Friendship Zone Page on behalf of another individual or entity unless you are authorised to do so. This includes fan Friendship Zone Pages, as well as Friendship Zone Pages to support or criticise another individual or entity.
FRIENDSHIP ZONE DOES NOT PRE-SCREEN OR APPROVE FRIENDSHIP ZONE PAGES, AND CANNOT GUARANTEE THAT A FRIENDSHIP ZONE PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A FRIENDSHIP ZONE PAGE. NOR IS FRIENDSHIP ZONE RESPONSIBLE FOR THE CONTENT OF ANY FRIENDSHIP ZONE PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY FRIENDSHIP ZONE PAGE, INCLUDING HOW THE OWNER OF THE FRIENDSHIP ZONE PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE REVIEW THE FRIENDSHIP ZONE PRIVACY POLICY IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A FRIENDSHIP ZONE PAGE.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from the Company. By ordering products or services from Company through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.
User Disputes
You are solely responsible for your interactions with other Friendship Zone users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our users. Click here to view the Friendship Zone's Privacy Policy.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Friendship Zone, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings and moderate some of the posted content we are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone or other hardware or software related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third-Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, THE SHARE SERVICE AND THE MARKETPLACE SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNISED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED £500 GBP STERLING. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you under 18. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the applicable law and jurisdiction is that of England and Wales
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any User Content, Third-Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Free SMS messaging
Description of Service and Charges
Free SMS messaging is a service that allows a member who is over 18 years old or if less with the permission of the bill payer has registered his/her mobile phone to send free SMS messages over the web to a customer of any UK mobile network. Please note by registering your phone you agree to take part in promotional marketing campaigns of the sponsors of the Friendship Zone.
You can send indicated on the interface number of free SMS messages via the Service every day. Number of available free SMS messages is subject to sponsorship deals.
Free SMS messages which are not used in a calendar day will not be carried over to subsequent day.
Each free SMS message will be a maximum of 160 characters, including the information about the sponsor what is not more that 33% of the message and located at the end of each free SMS message.
No Replies
The recipient will not be able to reply to SMS sent via the Service.
Termination
Friendship Zone reserves the right to suspend or terminate your access to the Service in accordance with its terms and conditions.
General
We will attempt to deliver your free SMS messages for 24 hours only. The receiving mobile phone must be switched on and in network coverage during this period to receive the SMS. We will use our best efforts to deliver your SMS but we do not warrant that the service will be fault-free and available at all times or that your free SMS message will be delivered, or delivered in a timely manner. In any event, a sent but undelivered or not received SMS message will be deducted from the daily free SMS messages allowance.
Friendship Zone will not be liable for any loss or charge incurred by you as a result of your access or non-access to the Services or receipt, non-receipt or delay in receipt of any SMS sent via the Services.
These Terms of Use are governed by English law. Both friendship Zone and you submit to the exclusive jurisdiction of the English courts.
Friendship Zone makes no warranty that the Services shall be continuous or will be free from fault.
The Customer shall ensure that services provided are not used for any unlawful or illegal purpose whatsoever including the transmission or offering of any information or services which are unsolicited, libellous, slanderous, unlawful, abusive, harmful, threatening, defamatory, or which in any way but not exhaustively, infringe copyright, intellectual property rights, trademarks, or which is pornographic, or any other material that may cause offence in any way.
The Customer specifically agrees to indemnify Friendship Zone against all costs, expenses and liabilities arising out of all claims or alleged claims which result from the use of the Services.
Premium SMS and MMS services
Friendship Zone provides various website content services, such as sending messsages to running line or inbox, sending photos to website and many more through its MMS and SMS services. The Service may also include access to products and services of independent third parties. After registration of your mobile phone on the website, you will be permitted to use certain Services. You need to be over 18 years old to register your phone or if you are lees to do so with the permission of the bill payer. Please note by registering your phone you agree to take part in promotional marketing campaigns of the sponsors of the Friendship Zone
In case there are weekly, fortnightly or monthly fees for the Subscription Service then they are available at Friendship Zone web site and clearly visible before to members wishing to obtain them. The weekly/ fortnightly/monthly fee shall be charged for every subscription period the contract is in effect. You shall pay Friendship Zone for the Services and the use thereof in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your mobile operator. Where applicable, the charges can also be paid by using credits, with your credit card, by bank transfer or through your user account. The different payment methods are specified during the order process for the product you chose. Friendship Zone may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.
All fees, including fees for existing subscription contracts, are subject to change upon notice from Friendship Zone. Friendship Zone will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription and/or your account effective immediately upon termination.
Friendship Zone makes no warranty that the Services shall be continuous or will be free from fault.
The Customer shall ensure that services provided are not used for any unlawful or illegal purpose whatsoever including the transmission or offering of any information or services which are unsolicited, libellous, slanderous, unlawful, abusive, harmful, threatening, defamatory, or which in any way but not exhaustively, infringe copyright, intellectual property rights, trademarks, or which is pornographic, or any other material that may cause offence in any way.
The Customer specifically agrees to indemnify Friendship Zone against all costs, expenses and liabilities arising out of all claims or alleged claims which result from the use of the Services.
The Customer shall co-operate with Friendship Zone in relation to any complaints, enquiries or investigations regarding services offered by the Customer. The Customer shall, at the discretion of Friendship Zone, without limitation bear in full any costs associated with such complaints, investigations, or enquiries or any action whether or not bought by or against Friendship Zone.
It is acknowledged that Friendship Zone cannot provide a fault free service. Friendship Zone gives no warranty that its network or services shall be continuous, or will be free from faults. Friendship Zone will, however, take steps to ensure the Service is reasonably fault free, and that the Service is reasonably uninterrupted.
In the event that the Customer becomes aware of any faults with the service, it shall notify Friendship Zone as soon as is practicably possible.
In the event of a fault being reported, Friendship Zone shall keep a log of faults and use all its endeavours to rectify the fault as soon as is reasonably possible.
Friendship Zone shall not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data, or loss of profit, or economic loss arising out of or in connection with this Agreement and in particular shall not be liable for any delay in rectification of any such problem.
Friendship Zone shall not be liable for any interruption, delay or failure in service resulting from any matter or event outside of their control, to include, but not limited to any act of god, inclement weather, storm, flood, drought, lightning, fire, power failure, shortage of power, disturbance to power supplies, disconnection damage or
disturbance to telecommunications connections and cables, trade dispute, government action, embargoes, termination of or refusal to grant a licence, damage to or loss of Equipment or interruption, failure or delay in any service provided to us by any third party including governmental or regulatory authority or telecommunications operator, war, military operations, or riot.
Content Code of Conduct
Friendship Zone is a social utility that connects people with friends and others who work, study and live around them. People use Friendship Zone to keep up with friends, to share links, to share photos and videos of themselves and their friends, and to learn more about the people they meet. We want Friendship Zone to be a place where people respect the rights and feelings of others, including third-party intellectual property rights. Therefore, we have established certain rules for using Friendship Zone and for posting messages, photos, video and other content ("Content") on Friendship Zone, which are set forth in our Terms and Conditions and in this User Code of Conduct. WHEN YOU USE FRIENDSHIP ZONE, YOU ARE AGREEING TO ABIDE BY THE USER CODE OF CONDUCT AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONGST OTHER THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE POSTED ON FRIENDSHIP ZONE WITH OR WITHOUT NOTICE, AS DETERMINED BY FRIENDSHIP ZONE IN ITS SOLE DISCRETION. Please refer to our Terms and Conditions for more information about the rules applicable to your use of Friendship Zone and the other rights and remedies of Friendship Zone.
Third Party Content
Friendship Zone allows you to upload and share user generated Content with your friends, such as photographs and videos you upload from your camera, webcam or mobile phone. This means that you may post and share original photographs and video that are of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends or (iii) are original art or animation created by you or your friends. It is not intended as a place for you to post third-party copyrighted content, such as the latest episode of a popular TV program or your favourite music video. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using Friendship Zone, you may not:
· upload or share any photographs, videos or other Content other than original works created by you or another user
· post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party
· attempt to circumvent any content filtering techniques we may employ
Inappropriate Content
While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like Friendship Zone. Therefore, you may not post or share Content that:
· is obscene, pornographic or sexually explicit
· depicts graphic or gratuitous violence
· makes threats of any kind or that intimidates, harasses or bullies anyone
· is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful
Unlawful or Harmful Content or Conduct
Although as an online service provider, we are not responsible for the conduct of our users, we want Friendship Zone to be a safe place on the internet. Therefore, in using Friendship Zone, you may not:
· violate any local, state, national or international law, or post any Content that would encourage or provide instructions for a criminal offence
· impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity
· use Friendship Zone to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation
· post or share any personally identifiable or private information of any third party
· solicit passwords or personal information from anyone, including those under 18
· use information or content you obtained on the Friendship Zone website or service in any manner not authorized by the Friendship Zone Code of Conduct or Terms of Use
· post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
· register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the Service or the Site
· engage in any predatory or stalking conduct
This Content Code of Conduct is subject to change at any time at Friendship Zone's sole discretion.
Copyright Policy
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Friendship Zone website or service any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers.
A. Notification of Alleged Copyright Infringement
If you believe that your own copyrighted work is accessible on the Friendship Zone website or service in violation of your copyright, you may provide us with a written communication that contains substantially the following information:
1. Identify, in sufficient detail, the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example: "The copyrighted work is my content that appears at . If multiple copyrighted works at a single online site are covered by your Notification, you can provide a representative list of such works at that site.
2. Identify the URL or other specific location on the Friendship Zone website or service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: “ ”.
3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
4. Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
5. Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
6. Include your name, postal address, telephone number and email address.
You may submit your Notification of Alleged Copyright Infringement by posting it to Friendship Zone, 11 Derngate, Northampton, NN1 1TY.
Please note that you may be liable for damages, including court costs and lawyers' fees, if you materially misrepresent that content on our website and/or service is copyright infringing.
Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
B. Counter Notification
If you believe your own copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to us. To be an effective Counter Notification, your Counter Notification must include substantially the following:
1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
2. A statement that you consent to the jurisdiction of the courts of England and Wales.
3. A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.
4. Your name, address and telephone number and email address..
5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
6. Your physical or electronic signature.
You may submit your Counter Notification by posting it to Friendship Zone, 11 Derngate, Northampton, NN1 1TY.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 working days but no later than 14 working days from the date we receive your Counter Notification, unless we receive notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and legal fees. Filing a false form on this page constitutes perjury.
Copyright and limited reproduction notices:
www.friendship-zone.co.uk is, unless otherwise stated, the owner of copyright and database right in this website and its contents. No part of this website may be published, distributed, extracted, re-utilised or reproduced in any material form (including photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) except in accordance with the permissions set out below or as permitted by the Copyright Designs and Patents Act 1988 or the Copyright and Rights in Databases Regulation1997 (as applicable).
Licence for personal use:
You may view our website electronically and you may, for your personal use only, save to your individual storage medium and print such extracts from our website as are necessary for such use ("extracted material").
Licence to recopy for limited purposes:
You may recopy extracted material to individual third parties for their personal use only, but only if:
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You acknowledge the www.friendship-zone.co.uk website as the source of the extracted material. You must include such acknowledgement and the www.friendship-zone.co.uk website address in the copy of the extracted material.
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You inform the third party that these conditions apply to him or her and that he / she must comply with them.
You recopy the extracted material in complete and unmodified form.
This licence to re-copy does not permit incorporation of the extracted material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of the xxxxx website may be distributed or recopied for any commercial purpose or for a fee. Xxxxx reserves the right at any time at its discretion to withdraw or modify the licences set out above.
Links to www.friendship-zone.co.uk website
www.friendship-zone.co.uk reserves the right at our discretion to prohibit any link from another Internet site or equivalent entity to materials or information on our website. Without prejudice to that, any link to material or information on this site must be neither misleading nor deceptive and must fairly indicate www.friendship-zone.co.uk or Friendship Zone as the destination of the link.
Links to Other Websites
Our website contains several automatic links to other websites, either directly or through frames. We do not accept any responsibility for the availability or content of those websites, which are provided by independent third parties with whom we may (or may not) have any commercial arrangements.
Developer Terms of Service
Friendship Zone Platform Terms of Service Preface:
Friendship Zone Platform is a set of APIs and tools that provides a way for external applications to access Friendship Zone content on behalf of Friendship Zone users. Our goal in creating the Friendship Zone Platform is to allow any developer to build an application that integrates with the Friendship Zone site in the ways our own applications do. Friendship Zone Platform lets you integrate into the Friendship Zone website, offers you the potential for mass distribution, and even gives you the freedom to build a business around your application.
We're excited about Friendship Zone Platform and invite you to build on it. Of course, we're committed to protecting our users and our site while enabling you to create applications, so we require you to abide by some specific terms. Please read the full terms of service below, as they govern your use of Friendship Zone Platform. Some examples of what's covered in our Terms of Service:
§ We do our absolute best to keep Friendship Zone Platform up and bug-free, but you use it at your own risk.
§ You own your application, and you're responsible for developing, operating, maintaining, and supporting it. You're also responsible for any content you show as a part of your application.
§ You can't use Friendship Zone Platform for anything that infringes on anyone's rights or intellectual property, generates spam, phishes, or is illegal.
§ You must treat users' privacy with the same respect we do. If you directly collect personally identifiable information from users, you must post a privacy policy detailing what you'll do with that info.
§ You must be honest and accurate about what your application does and how it uses information from Friendship Zone users. Your application cannot falsely represent itself.
§ You can only show information from Friendship Zone Platform to a user if you retrieved it on behalf of that particular user.
§ You can only cache user information for up to 24 hours to assist with performance. The only exceptions are those listed in the Friendship Zone Platform Documentation.
§ You can't show any ads or web search functionality on user profiles, but this restriction doesn't apply on application "canvas" pages. The Friendship Zone Platform Application Guidelines have more details.
§ You can talk to the press and your users about your Friendship Zone Platform application, so long as you do truthfully and without implying that your application is created or endorsed by Friendship Zone (or otherwise embellishing your relationship with Friendship Zone). However, you must get signoff from us before releasing any formal press releases. Check out the Friendship Zone Platform Developer PR Policy for more info.
Terms of Service
The terms and conditions set forth below (this "Agreement") govern your use of Friendship Zone Platform (as defined below). If you are an individual acting as a representative of a corporation or other legal entity that wishes to use Friendship Zone Platform, then you represent and agree that you enter into this Agreement on behalf of such entity, and that all provisions of this Agreement will bind that entity as if it were named in this Agreement in place of you. BY ACCEPTING THESE TERMS AND CONDITIONS, OR BY USING OR ACCESSING ANY PORTION OF THE FRIENDSHIP ZONE PLATFORM, YOU IRREVOCABLY AGREE TO THE TERMS OF THIS AGREEMENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE ALL AUTHORITY NECESSARY TO BIND YOURSELF (AND, IF YOU ARE EMPLOYED BY OR OTHERWISE REPRESENT ANY CORPORATION OR OTHER LEGAL ENTITY THAT WISHES TO USE FRIENDSHIP ZONE PLATFORM, THAT ENTITY) TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE FRIENDSHIP ZONE PLATFORM.
Section 1 - Definitions
Whenever used in this Agreement with initial letters capitalized, the following terms will have the meanings attributed to them below (and other terms used in this Agreement with initial letters capitalized will have the meanings attributed to them elsewhere in this Agreement).
"Applicable Friendship Zone User" means, with respect to any Friendship Zone Properties, the Session Owner associated with the Call through which such Friendship Zone Properties were retrieved.
"Call" means an automated call or other data retrieval request delivered to or through Friendship Zone Platform in accordance with the Friendship Zone Platform Documentation.
"Data Repository" means any spreadsheet, database, physical document, server, network, or other repository of information, whether centralized or distributed.
"Exportable Friendship Zone Properties" means, as of any given time, any types of Friendship Zone Properties that are expressly designated by Friendship Zone at that time in the Friendship Zone Platform Documentation and in the implementation of Friendship Zone Platform as being "exportable" to Applications and Data Repositories operated by persons other than you. For the avoidance of doubt: (a) any types of Friendship Zone Properties that are not expressly designated by Friendship Zone in both the Friendship Zone Platform Documentation and in the implementation of Friendship Zone Platform as being "exportable" to such Applications and Data Repositories shall not be deemed Exportable Friendship Zone Properties; and (b) Friendship Zone reserves the right to revoke the designation of any types of Friendship Zone Properties as being "Exportable Friendship Zone Properties" at any time.
"Friendship Zone" or "us" (and conjugations thereof as required by the context) means Friendship Zone and/or its corporate affiliates collectively.
"Friendship Zone Platform" means a set of APIs and services provided by Friendship Zone that enable websites and applications (collectively, "Applications") to retrieve data relating to Friendship Zone Users made available by Friendship Zone and/or retrieve authorized data from other Applications. The term "Friendship Zone Platform" includes any data, images, text, content, code, APIs, tools or other information or materials provided by Friendship Zone through or in connection with such APIs and services (collectively, the "Friendship Zone Properties").
"Friendship Zone Platform Application" means an Application that interfaces with Friendship Zone Platform and all services offered through or in connection with such Application (whether such Application is hosted on your site, a third party site, the Friendship Zone Site, or is client-resident).
"Friendship Zone Platform Application Content" means any data, images, text, content, code or other copyrightable materials or other information or materials of any kind (other than any Friendship Zone Properties) that is included in, provided through or used in connection with your Friendship Zone Platform Application or otherwise provided by you to Friendship Zone, or that you have uploaded to our servers or have directed us to download or otherwise obtain from third party Applications or other sources.
"Friendship Zone Platform Documentation" means the technical documentation applicable to Friendship Zone Platform made available by Friendship Zone from time to time www.friendship-zone.co.uk (or such other URL as Friendship Zone may designate from time to time).
"Friendship Zone Site" means that web site, the primary home page of which is accessible through the URL www.friendship-zone.co.uk.
"Friendship Zone User" means a human user of the Friendship Zone Site.
"Intellectual Property Rights" means any patent rights, copyright, trade secret rights, trademark rights (including rights in trade names, trade dress, service marks, URLs or other source of business identifiers), rights in industrial property and industrial designs, moral rights and all other intellectual property or proprietary rights arising under the laws of any jurisdiction worldwide, including all rights or causes of action for infringement or misappropriation of any of the foregoing, and all rights in any registrations, applications, renewals, extensions, continuations, continuations-in-part, divisions or reissues for any of the foregoing.
"Session Key" means a unique session key associated by Friendship Zone with a Call.
"Session Owner" means a unique Friendship Zone User associated by Friendship Zone with a Session Key.
Section 2: Conditions of Use
Your use of Friendship Zone Platform, including the Friendship Zone Properties, is subject to this Agreement, and also to the Friendship Zone Site Terms of Use, the Friendship Zone Platform Documentation and the Friendship Zone Platform Application Guidelines, each of which is incorporated into this Agreement by this reference.
A. Certain General Requirements. Subject to the terms of this Agreement:
1) You may create Friendship Zone Platform Applications;
2) Your Friendship Zone Platform Applications may access and use Friendship Zone Properties and/or Friendship Zone Platform Application Content, and your Friendship Zone Platform Applications may be accessed from the Friendship Zone Site;
3) As provided in the Friendship Zone Platform Documentation, your Friendship Zone Platform Applications may make Calls at any time that Friendship Zone Platform is available. We may at any time, and over any given period of time, limit the number of Calls any Friendship Zone Platform Application may send to Friendship Zone Platform, or prohibit any Friendship Zone Platform Application from sending Calls to Friendship Zone Platform, as we deem appropriate in our sole discretion;
4) Except as provided in Section 2.A.6 below, you may not continue to use, and must immediately remove from any Friendship Zone Platform Application and any Data Repository in your possession or under your control, any Friendship Zone Properties not explicitly identified as being storable indefinitely in the Friendship Zone Platform Documentation within 24 hours after the time at which you obtained the data, or such other time as Friendship Zone may specify to you from time to time;
5) You may store and use indefinitely any Friendship Zone Properties that are explicitly identified as being storable indefinitely in the Friendship Zone Platform Documentation; provided, however, that except as provided in Section 2.A.6 below, you may not continue to use, and must immediately remove from any Friendship Zone Platform Application and any Data Repository in your possession or under your control, any such Friendship Zone Properties: (a) if Friendship Zone ceases to explicitly identify the same as being storable indefinitely in the Friendship Zone Platform Documentation; (b) upon notice from Friendship Zone (including if we notify you that a particular Friendship Zone User has requested that their information be made inaccessible to that Friendship Zone Platform Application); or (c) upon any termination of this Agreement or of your use of or participation in Friendship Zone Platform;
6) You may retain copies of Exportable Friendship Zone Properties for such period of time (if any) as the Applicable Friendship Zone User for such Exportable Friendship Zone Properties may approve, if (and only if) such Applicable Friendship Zone User expressly approves your doing so pursuant to an affirmative "opt-in" after receiving a prominent disclosure of (a) the uses you intend to make of such Exportable Friendship Zone Properties, (b) the duration for which you will retain copies of such Exportable Friendship Zone Properties and (c) any terms and conditions governing your use of such Exportable Friendship Zone Properties (a "Full Disclosure Opt-In");
7) You will at all times comply: (a) with all applicable local, state, national, and international laws and regulations, including, without limitation all applicable export control laws and regulations and country-specific economic sanctions implemented by the UK and or the European Union in connection with your use of Friendship Zone Platform, (b) obtain and maintain all licenses, permits and other permissions necessary in connection with the Friendship Zone Platform Application, and (c) if your Friendship Zone Platform Application involves payments from Friendship Zone Users or payment or account information, comply with all rules and regulations of any applicable payment network or association (e.g., Visa, MasterCard, Star, Plus), including, without limitation, the Payment Card Industry Data Security Standard;
8) You will not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any Friendship Zone Properties to any country (or national thereof) without obtaining any required prior authorizations from the appropriate government authorities;
9) You will not use Friendship Zone Platform or any of your Friendship Zone Platform Applications, and your Friendship Zone Platform Application will not be designed:
(i) in a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or that is misleading, deceptive or fraudulent;
(ii) in a manner that is misleading, deceptive or fraudulent;
(iii) to engage in spamming or other advertising or marketing activities that violate any applicable laws, regulations or generally-accepted advertising industry guidelines;
(iv) in a manner that is fraudulent or otherwise illegal or promotes illegal activities, including without limitation engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
(v) in any manner that might be libelous or defamatory, or in a way that is otherwise malicious or harmful to any person or entity, or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age;
(vi) to request, collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Friendship Zone Users, or to proxy authentication credentials for any Friendship Zone Users for the purposes of automating logins to the Friendship Zone Site;
(vii) to impersonate any person, or to obtain access to the Friendship Zone Site without authorization;
(viii) to enable you to identify personally any Friendship Zone User except with their express consent;
(ix) for the primary purpose of facilitating the distribution of copyrighted content without the authorization of the copyright holder;
10) Without limiting your other obligations under this Agreement, with respect to your usage of Friendship Zone Platform and any installation and use by any Friendship Zone Users of your Friendship Zone Platform Applications, you agree to implement and observe standards of privacy and confidentiality for the collection, use and sharing of any data related to any Friendship Zone User that are at least as stringent and user-favorable as the standards set forth in the Friendship Zone Privacy Policy;
11) You may not interfere or attempt to interfere in any manner with the functionality or proper working of the Friendship Zone Site or Friendship Zone Platform, or any portion or feature of either;
12) You will provide any information and/or other materials related to your Friendship Zone Platform Applications reasonably requested by Friendship Zone from time to time to verify your compliance with this Agreement. If any of your Friendship Zone Platform Applications are available online, you acknowledge and agree that Friendship Zone may crawl or otherwise monitor your Friendship Zone Platform Applications for the purpose of verifying your compliance with this Agreement, and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we and/or our affiliates or agents may use technical means to overcome any methods used on your Friendship Zone Platform Applications to block or interfere with such crawling or monitoring). If any of your Friendship Zone Platform Applications are client-resident (including on a mobile device), you agree to furnish a copy of such Friendship Zone Platform Applications and any supporting documentation upon request for the purpose of verifying your compliance with this Agreement; and
13) You acknowledge and agree that Friendship Zone may include within the Friendship Zone Properties "dummy" information that does not relate to any actual person, without specifically identifying such information, for the purposes of allowing Friendship Zone to monitor compliance with this Agreement.
14) You will not, in any terms of service or licence agreement applicable to any of your Friendship Zone Platform Applications, or otherwise, impose or purport to impose any obligation on any person, or grant or purport to grant any right, power or authority to yourself or any other person, that would be inconsistent with this Agreement, and you agree that any such obligation, right, power or authority purportedly imposed or granted shall be null and void ab initio.
B. Presentation and Distribution
1) Your Friendship Zone Platform Applications may display Friendship Zone Properties retrieved through Friendship Zone Platform in any format you choose, subject to the terms and conditions contained in this Agreement; provided that, you may not (a) display or otherwise provide any Friendship Zone Properties to any person other than the Applicable Friendship Zone User (i.e., the Friendship Zone User uniquely associated by Friendship Zone with the Call through which such Friendship Zone Properties were retrieved), or (b) otherwise display or provide (or assist any third party to display or provide) to any person any Friendship Zone Properties that such person would not properly have been able to access through the Friendship Zone Site. For the avoidance of doubt, the foregoing will not prohibit you from displaying or providing information that you collect entirely independently of the Friendship Zone Site and Friendship Zone Platform, even if such information is identical to information contained in Friendship Zone Properties;
2) You may not edit or modify Friendship Zone Properties in any way, except with respect to graphic images, to re-size such images while maintaining the same relative proportions of the image.
3) You may not remove, obscure, or alter any notice of patent, copyright, trademark or other proprietary right appearing on or contained within Friendship Zone Platform (including, without limitation, any Friendship Zone Properties).
4) You may not store any Friendship Zone Properties in any Data Repository which enables any third party (other than the Applicable Friendship Zone User for such Friendship Zone Properties) to access or share the Friendship Zone Properties without our prior written consent.
5) You may not sell, resell, lease, redistribute, license, sublicense or transfer all or any portion of the Friendship Zone Properties, or use or store any Friendship Zone Properties for any purpose other than as specifically authorized herein.
6) Your Friendship Zone Platform Applications may not be designed or implemented a way that might mislead a user into believing he or she is interacting directly with the Friendship Zone Site when interacting with any of your Friendship Zone Platform Applications, or that any of your Friendship Zone Platform Applications were created by or are endorsed by Friendship Zone, as determined by Friendship Zone in its sole discretion. If you are directly directly collecting any personally identifiable information from any user, it must be clear that the information is being collected directly by you, and not by Friendship Zone, and you must clearly post a link to your privacy policy at the point such information is collected. Such privacy policy must be at least as stringent and user-favorable as the Friendship Zone Privacy Policy and you must fully comply with such policy in the collection, use and storage of such personal information, as well as complying with any privacy settings selected by the user for their Friendship Zone account of which you are aware.
7) If any of your Friendship Zone Platform Applications are designed to be presented in a "frame" or to be "embedded" into any page of the Friendship Zone Site (e.g., via FBML), or you otherwise consent to any similar presentation, you grant Friendship Zone the right to (a) link to your Friendship Zone Platform Applications (and any Friendship Zone Platform Application Content provided through your Friendship Zone Platform Application) and (b) "frame" or otherwise display and permit third parties to display navigational elements and content (including, without limitation, advertising and promotional content) in conjunction with your Friendship Zone Platform Applications and any Friendship Zone Platform Application Content displayed on or linked to from the Friendship Zone Site.
8) Notwithstanding the provisions of Sections 2.B.1, 2.B.2 and 2.B.5 above, if (and only if) the Applicable Friendship Zone User for any Exportable Friendship Zone Properties expressly approves your doing so pursuant to a Full Disclosure Opt-In, you may additionally display, provide, edit, modify, sell, resell, lease, redistribute, license, sublicense or transfer such Exportable Friendship Zone Properties in such manner as, and only to the extent that, such Applicable Friendship Zone User may approve.
C. Confidential Information
The term "Friendship Zone Confidential Information means any information of or relating to Friendship Zone that becomes known to you through disclosure, observation or otherwise, and that either is designated as confidential by Friendship Zone or that is not generally known or readily ascertainable to the public, including, without limitation, nonpublic information regarding Friendship Zone Platform (including the Friendship Zone Properties) and Friendship Zone's products, services, programs, features, data, techniques, technology, code, ideas, inventions, research, testing, methods, procedures, know-how, trade secrets, business and financial information and other activities. All Friendship Zone Confidential Information remains the property of Friendship Zone, and no license or other right in any Friendship Zone Confidential Information is granted hereby. You will not disclose any Friendship Zone Confidential Information to any third party, and will take all reasonable precautions to prevent its unauthorized dissemination, both during and after the term of this Agreement. If you are a corporate entity, you will limit your internal distribution of Friendship Zone Confidential Information to your employees and agents who have a need to know, and will take steps to ensure that dissemination is so limited. You will not use any Friendship Zone Confidential Information for the benefit of anyone other than Friendship Zone. Upon Friendship Zone's written request, you will destroy or return to Friendship Zone all Friendship Zone Confidential Information in your custody or control. In addition to the terms of this provision, you and Friendship Zone will continue to be subject to any non-disclosure agreement that you and Friendship Zone have entered into separately. This provision will survive any termination of this Agreement.
D. Copyright Complaints; Repeat Infringer Policy
You agree to take whatever actions are necessary or are requested by Friendship Zone to enable us to comply with our Friendship Zone Copyright Policy or other applicable laws and regulations with respect to your Friendship Zone Platform Applications and/or Friendship Zone Platform Application Content. In addition, you acknowledge that in accordance with applicable law, Friendship Zone has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users and developers who are deemed to be repeat infringers, and that you agree that you will, if requested by us, take reasonable steps to terminate access to your Friendship Zone Platform Application for any user who we identify to you as a repeat infringer.
E. Customer Service.
You agree to provide Friendship Zone with an e-mail address to which inquiries from Friendship Zone Users regarding your Friendship Zone Platform Application may be directed. You acknowledge and agree that you are solely responsible for providing all support and other information regarding your Friendship Zone Platform Application to Friendship Zone Users.
F. Specific Requirements for Certain Friendship Zone Platform Applications that Permit Sharing of Content
This Section F. applies only to Friendship Zone Platform Applications that permit a Friendship Zone User to download, view, listen to and/or otherwise access any Friendship Zone Platform Application Content owned by a third party and made available by another Friendship Zone User. If your Friendship Zone Platform Application falls into this category, you agree that you will:
1) Host a page containing either our sample copyright policy (with your name and contact information filled in), or another policy that imposes at least the same requirements on you and that we approve in writing (a "Developer Copyright Policy");
2) Include a prominent link to your Developer Copyright Policy on each page of your Friendship Zone Platform Application or other feature of your Friendship Zone Platform Application (such as a profile box) through which Friendship Zone Users can view, hear or otherwise access Friendship Zone Platform Application Content owned by a third party and made available by another Friendship Zone User, with the link being entitled "Report Infringing Content" or words to the same effect.
3) Include the following statement reasonably prominently on each page of your Friendship Zone Platform Application (or other interface provided by your Friendship Zone Platform Application) through which Friendship Zone Users can upload or otherwise make Friendship Zone Platform Application Content owned by a third party available:
"By making any content available through this application, you represent and warrant that you own all rights necessary to properly do so."
4) Without limitation of your obligations under this Section 2.F or the Developer Copyright Policy, you agree that you will:
(a) expeditiously (and in any event in no more than 48 hours) disable access to any Friendship Zone Platform Application Content for which you receive a notice of claimed infringement that includes the information described in your Developer Copyright Policy, or as to which you otherwise have knowledge that it is infringing;
(b) promptly (and in any event in no more than 48 hours) follow up with anyone who submits a notice of claimed infringement that does not include all of that information, but who provides you with contact information, to ask them to provide any missing information; and
(c) promptly (and in any event in no more than 48 hours) terminate access to your Friendship Zone Platform Application for any Friendship Zone Users who are found to be repeat infringers.
THE STEPS DESCRIBED ABOVE ARE CONDITIONS OF FRIENDSHIP ZONE GIVING YOU ACCESS TO FRIENDSHIP ZONE PLATFORM ONLY. FRIENDSHIP ZONE IS NOT PROVIDING LEGAL ADVICE TO YOU, AND FRIENDSHIP ZONE DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR POSTING, IMPLEMENTING OR COMPLYING WITH ANY SAMPLE POLICY WE MAKE AVAILABLE OR ANY OTHER COPYRIGHT POLICY WILL PROTECT YOU FROM LIABILITY OR BRING YOU INTO COMPLIANCE WITH APPLICABLE LAWS. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR COMPLYING WITH ALL APPLICABLE LAWS, INCLUDING COPYRIGHT LAWS, IN CONNECTION WITH YOUR FRIENDSHIP ZONE PLATFORM APPLICATION, AND WE ENCOURAGE YOU TO OBTAIN INDEPENDENT LEGAL ADVICE.
G. Friendship Zone Connect
"Friendship Zone Connect" is a feature that enables Applications and/or Websites to identify Friendship Zone Users on your website, temporarily import to your website information about Friendship Zone Users’ Friends, link to or otherwise interact with communications features on the Friendship Zone Site, and enable Friendship Zone to publish notices on the Friendship Zone Site regarding actions taken by a Friendship Zone User on your Website.
"Website" means a website that interfaces with Friendship Zone Platform, all services offered through or in connection with such website, and any data, images, text, content, code or other copyrightable materials or other information or materials of any kind (other than any Friendship Zone Properties) that is included in, provided through or used in connection with your Application.
"Website Content" means any data, images, text, content, code or other copyrightable materials or other information or materials of any kind (other than any Friendship Zone Properties) that is provided to Friendship Zone, either directly or indirectly in connection with your Website.
You may use Friendship Zone Connect to allow Friendship Zone Users to connect their Friendship Zone account with your Website, and use their Friendship Zone login credentials to log in to your Website. The authentication controls and methods that you provide to Friendship Zone Users must comply with the Friendship Zone Connect Policies. Prior to sharing user actions or user data with Friendship Zone via Friendship Zone Connect, you must obtain user consent to do so, either via a statement in your privacy policy or through an explicit opt in on your Website. Additionally, if you are subject to the Video Privacy Protection Act, you must comply with such act and all related legislation, including obtaining explicit opt in consent from your user prior or simultaneously to each time the user takes an action on your Website that is shared by you with Friendship Zone. You will provide a process, placed in a prominent location on your Website, for Friendship Zone Users who wish to disconnect or otherwise disassociate their Friendship Zone account from your Website. In the event a User disconnects or disassociates their Friendship Zone account from your Website (either through your Website or through Friendship Zone), you will immediately delete any and all user data from your Application, Website and any spreadsheet, database, physical document, server, network, or other repository of information, whether centralized or distributed.
Each reference in this Agreement to "Application" will also be considered a reference to the term "Website" and each reference in this Agreement to "Application Content" will also be considered a reference to the term "Website Content".
Section 3: Fees
We reserve the right to charge a fee for using Friendship Zone Platform and/or any individual features thereof at any time in our sole discretion. If we do charge a fee for using Friendship Zone Platform or any feature thereof you do not have any obligation to continue to use Friendship Zone Platform or the applicable feature. However, if you do: (i) we reserve the right to specify the manner in which the fee will be calculated, the terms on which you will be invoiced and charged and the terms of payment; and (ii) any and all fees payable by you pursuant to this Agreement are expressed exclusive of all taxes and duties, including Value Added Tax ("VAT") or any similar applicable sales tax. In addition to such fees payable, you will pay any sales, use, value-added or import taxes, customs duties or similar taxes that may be assessed by any state and/or jurisdiction (collectively, "Taxes") that Friendship Zone is legally required to charge on the applicable fees under this Agreement. If requested to do so by Friendship Zone, or as otherwise required by applicable law, you will supply your VAT identification number to Friendship Zone. We may also change the fees or fee structure for Friendship Zone Platform or any feature thereof at any time in our sole discretion, and in such event your continued use of Friendship Zone Platform or such feature constitutes your agreement to such change (provided, that you will not have any obligation to continue to use Friendship Zone Platform or such feature).
Section 4: Ownership and Licenses
As between you and Friendship Zone: (a) you retain all right, title and interest in and to, and Friendship Zone obtains no rights of any kind (other than the rights and licenses expressly granted in this Agreement) in, Friendship Zone Platform Applications you create and in the Friendship Zone Platform Application Content, and all associated Intellectual Property Rights (subject to Friendship Zone's underlying rights in Friendship Zone Platform and Friendship Zone Site); and (b) Friendship Zone retains all right, title and interest in and to, and you obtain no rights of any kind (other than the rights and licenses expressly granted in this Agreement) in, Friendship Zone Platform (including without limitation all Friendship Zone Properties), the Friendship Zone Site, the Friendship Zone Platform Documentation, any derivative works of any of them, and all associated Intellectual Property Rights.
You are granted a limited, nonexclusive, revocable license, during the term of this Agreement, to access Friendship Zone Platform and Friendship Zone Platform Documentation solely as necessary to run Friendship Zone Platform Applications that meet all the requirements and conditions set forth in this Agreement, and to use any Friendship Zone Properties provided to you via Friendship Zone Platform in accordance with the terms of this Agreement. Friendship Zone has the right at any time in its sole discretion, and immediately upon notice, to terminate the foregoing licenses and any other licenses and rights granted in this Agreement and to request that you delete all such Friendship Zone Properties and all materials containing any Friendship Zone Properties that are in your possession or control, and you will promptly comply with any such request (except, with respect to any Exportable Friendship Zone Properties, to the extent that you have been granted any other rights with respect to such Exportable Friendship Zone Properties by the Applicable Friendship Zone User pursuant to a Full Disclosure Opt-In). ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE HEREBY RESERVED BY FRIENDSHIP ZONE AND ITS RESPECTIVE LICENSORS.
By accessing Friendship Zone Platform, or submitting any Friendship Zone Platform Application to us to be hosted by us, you are directing us to store copies of that Friendship Zone Platform Application (if applicable) and any and all Friendship Zone Platform Application Content provided through any Friendship Zone Platform Application on our servers. You hereby grant us a worldwide, perpetual, irrevocable, non-exclusive right and license, with the right to sublicense, to: (a) access, reproduce, display, distribute, perform, and store on our servers your Friendship Zone Platform Application and any Friendship Zone Platform Application Content, and to create derivative works of Friendship Zone Platform Application Content, as may be necessary or desirable to make such Friendship Zone Platform Application and Friendship Zone Platform Application Content available to Friendship Zone Users in accordance with the terms of this Agreement and the Friendship Zone Platform Documentation and the Friendship Zone Platform Application Guidelines; and (b) otherwise access, use and analyze any Friendship Zone Platform Application Content for our internal business purposes (e.g., for the purposes of targeting delivery of advertisements or other content to persons who have viewed particular types of Friendship Zone Platform Application Content). You understand and agree that Friendship Zone Platform Application Content that is displayed on the Friendship Zone Site may continue to appear on the Friendship Zone Site, even after you have terminated access to your Friendship Zone Platform Application or terminated this Agreement, as such Friendship Zone Platform Application Content may have been incorporated into user profiles, news feeds or other features, and that such usage may continue indefinitely.
You understand and acknowledge that Friendship Zone may be independently creating Applications, content and other products or services that may be similar to your Friendship Zone Platform Applications and Friendship Zone Platform Application Content, and nothing in this Agreement will be construed as restricting or preventing Friendship Zone from creating and fully exploiting such Applications, content and other items, without any obligation to you. You may from time to time elect, in your sole discretion, to provide suggestions, comments, improvements, ideas or other feedback or materials to us related to Friendship Zone Platform or Friendship Zone Site (collectively, "Feedback"). If you elect to provide us any such Feedback, you assign and agree to assign all right, title and interest in and to such Feedback to us, and acknowledge that we will be entitled to use, implement and exploit any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account. You agree to promptly take such actions as Friendship Zone may reasonably request from time to time (including execution of affidavits and other documents) to effect, perfect or confirm Friendship Zone's ownership rights as set forth in this Agreement.
Section 5: Certain Developer Obligations, Representations and Warranties
A) You acknowledge that you are solely responsible for, and that Friendship Zone has no responsibility or liability of any kind for, the development, operation, and maintenance of your Friendship Zone Platform Applications and for all Friendship Zone Platform Application Content or other materials that appear on or within your Friendship Zone Platform Applications. For example, you will be solely responsible for:
· the technical operation of your Friendship Zone Platform Applications and all related equipment;
· creating and displaying information and content on, through or within your Friendship Zone Platform Applications;
· the accuracy and appropriateness of your Friendship Zone Platform Applications and the Friendship Zone Platform Application Content or other materials available on, through or within your Friendship Zone Platform Applications;
· ensuring that your Friendship Zone Platform Applications and the Friendship Zone Platform Application Content and/or other materials available on, through or within your Friendship Zone Platform Applications do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
· ensuring that the Friendship Zone Platform Application Content and other materials available on, through or within your Friendship Zone Platform Applications are not libelous or otherwise illegal;
· ensuring that you accurately and adequately disclose, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers, and that you fully comply with such privacy policy, which must be at least as stringent and user-favorable as the Friendship Zone Privacy Policy; and
· any claims relating to any of your Friendship Zone Platform Applications or any Friendship Zone Platform Application Content by users or other third parties.
B) You represent, warrant and covenant to us that:
(1) you have all rights necessary to properly grant us all of the rights and licenses set forth in Section 4 above and elsewhere in this Agreement without violating the rights of any third party,
(2) your Friendship Zone Platform Applications, the Friendship Zone Platform Application Content, and the use thereof by Friendship Zone and Friendship Zone Users do not and will not violate, misappropriate or infringe the rights of any person or entity including any contract rights or any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person or entity,
(3) you do now, and at all times you provide a Friendship Zone Platform Application will: (a) comply with all applicable local, state, national and international laws and regulations, including, without limitation, all applicable export control laws and regulations and country-specific economic sanctions implemented by the UK and/or the European Union in connection with your use of Friendship Zone Platform, (b) maintain all licenses, permits and other permissions necessary in connection with the Friendship Zone Platform Application, and (c) if your Friendship Zone Platform Application does or will involve payments from Friendship Zone Users or payment or account information, comply with all rules and regulations of any applicable payment network or association (e.g., Visa, MasterCard, Star, Plus), including, without limitation, the Payment Card Industry Data Security Standard;
(4) our downloading or accessing of any Friendship Zone Platform Application Content from third party servers or other third party sources as directed by you or your Friendship Zone Platform Application does not and will not violate any contractual or legal obligation imposed on us or you (e.g., any prohibition on downloading or accessing content or using content for commercial purposes that may be contained in the "Terms of Service" or similar terms applicable to any website from which you or your Friendship Zone Platform Application direct us to download or access any Friendship Zone Platform Application Content);
(5) the Friendship Zone Platform Application Content will not be obscene, defamatory, fraudulent or otherwise illegal in any jurisdiction and will otherwise comply with all user conduct and user content rules set forth in the Friendship Zone Site Terms of Use, the Friendship Zone Platform Documentation and the Friendship Zone Platform Application Guidelines;
(6) neither your Friendship Zone Platform Applications nor any Friendship Zone Platform Application Content contains or will contain any virus, worm, Trojan horse, adware, spyware or other malicious code.
(7) your Friendship Zone Platform Application and the Friendship Zone Platform Application Content will at all times comply with the terms of this Agreement and the Friendship Zone Platform Application Guidelines, and any other policies or guidelines referenced in this Agreement or on the Friendship Zone Site; and
(8) you will provide Friendship Zone with information about a particular Friendship Zone User of your Friendship Zone Platform Application if Friendship Zone reasonably believes that such information is necessary to prevent or investigate the commission of a crime.
Section 6: Publicity Trademark Usage
A) You and we may generally publicize your use of Friendship Zone Platform; provided, however, that you may not issue or consent to any press release (including to the Internet press, e.g., any blogs) with respect to Friendship Zone Platform or this Agreement without our prior written consent. For more information, please see the Friendship Zone Developer PR Guidelines. Friendship Zone may, at any time in its sole discretion, prepare and issue press releases, statements, and promotional and other materials mentioning and/or describing Friendship Zone Platform Applications you have created using Friendship Zone Platform, identifying you as the developer of such Friendship Zone Platform Applications, and otherwise describing the relationship between you and Friendship Zone.
B) You may state that any of your Friendship Zone Platform Applications that comply with the terms of this Agreement are "built on Friendship Zone Platform".
C) We may make available to you certain graphic images, trademarks, trade names, service marks or logos owned or licensed by Friendship Zone or its affiliates ("Marks") that you may use in conjunction with the display of Friendship Zone Properties solely for the purpose of indicating that your Friendship Zone Platform Applications were created to interface with Friendship Zone Platform. You may not use the Marks (a) in a trademark manner or to suggest that Friendship Zone is associated with, endorses, sponsors or has any other connection to any of your Friendship Zone Platform Applications other than the fact that it was created to interface with Friendship Zone Platform; or (b) in any manner that disparages Friendship Zone, its affiliates or its licensors, or that otherwise dilutes or tarnishes the Marks.
You may not use the terms "Friendship Zone" as any part of the name of your Friendship Zone Platform Application, including without limitation "Friendship Zone application name", "application name on Friendship Zone," "application name for Friendship Zone". Further, you may not use the term "Friendship Zone", or variations or misspellings of Friendship Zone in the name of a URL to the left of the top-level domain name (e.g., ".com", ".net", ".uk", etc.) -- for example, URLs such as "Friendship -Zone.xxx.com", or "Friendship Zoneprofiles.net" are expressly prohibited. Other than your limited right to use the Marks in a non-trademark manner as provided in this Agreement, you may not make any use of the Marks. Friendship Zone and its licensors retain all right, title and interest in and to the Marks, and all goodwill arising out of any use of the Marks by you will endure to the sole benefit of Friendship Zone. You will not at any time now or in the future challenge or assist others to challenge the validity of the Marks, or attempt to register confusingly similar trademarks, trade names, service marks or logos. You agree to follow any Trademark Guidelines established by Friendship Zone with respect to your use of any Marks as those guidelines may change from time to time. You must immediately discontinue use of any Mark as specified by us at any time in writing. We may modify any Marks provided to you at any time, and upon notice, you will use only the modified Marks and not the old Marks.
D) All trade names, trademarks, service marks, logos, and trade dress on the Friendship Zone Site are either trademarks or registered trademarks of Friendship Zone or its licensors. Other than as specified in this Agreement, you may not copy, imitate or use any registered or unregistered trademark, service mark, trade name, logo, trade dress, URL or other business identifier of Friendship Zone or third parties that advertise on the Friendship Zone Site unless you obtain Friendship Zone's and any applicable third party's prior written consent. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or state or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including, without limitation, by stating or implying that Friendship Zone or any third party that advertises on the Friendship Zone Site supports, sponsors, endorses, or contributes money to you or your business endeavors).
E) You may not promote your Application as being intended or primarily useful for any unlawful activity.
Section 7: Account Identifiers
You are allowed to only create one Friendship Zone Platform account per valid Friendship Zone Site account. If you are an individual acting as a representative of a corporation or other legal entity that wishes to use Friendship Zone Platform, then your individual Friendship Zone Site account, or that of another employee of such entity will be deemed to satisfy this requirement. Friendship Zone Platform accounts are associated with one or more public key/private key pairs, which you must use to access Friendship Zone Platform. Examples include a Friendship Zone-issued Access Key ID string (as a public key) and a Friendship Zone-issued Secret Access Key string (as a private key). When you complete the account creation process, you will be issued unique account identifiers, and may add a public key to your account. Account identifiers (i) identify your account and (ii) allow your Friendship Zone Platform Applications to make Calls to Friendship Zone Platform. Account identifiers are immutable and will always uniquely identify your Friendship Zone Platform account. Public key/private key pairs are unique to your account and are subject to change. Private keys are for your personal use only and you may not sell, transfer, lease, distribute, sublicense or otherwise disclose your private key to any other party, except when the private key is by necessity embedded in the source code of a client-resident Friendship Zone Platform Application. You may use your public key in the open in requests to Friendship Zone Platform; however, you are responsible for maintaining the secrecy of your private key. You are fully responsible for all activities that occur under your account identifiers. You should contact Friendship Zone immediately if you believe a third party may be using your private key, or if your private key is otherwise lost or stolen. You are responsible for maintaining up-to-date and accurate information (including without limitation valid contact information) with respect to your Friendship Zone Platform account. Friendship Zone and its affiliates are not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any data which you submit in connection with your account.
Section 8: Beta Testing
From time to time Friendship Zone may conduct open beta tests (each a "Beta") of new features or versions of Friendship Zone Platform (each a "Beta Product"). If you choose to register for a Beta, your participation is subject to the following additional terms:
· You understand that the overall design of the Beta Product could change throughout the course of the Beta and that Friendship Zone reserves the right to change or withdraw the Beta Product, discontinue the Beta, revoke your license to the Beta, or release the Beta Product as a final version at any time in its sole discretion.
· You agree to record and report all problems, issues, ideas, feedback and suggestions for enhancements to the Beta Product ("Beta Test Results") to Friendship Zone on a timely basis to the email address that will be provided to you along with the beta testing materials, and during the Beta period, you will not speak to the press (including Internet press, e.g., blogs) regarding the Beta or the Beta Product, without our prior written consent.
· You hereby assign all right title and interest in and to any Beta Test Results to Friendship Zone and/or its affiliates, as applicable, and acknowledge that Friendship Zone and/or its affiliates have the unrestricted right to use and exploit such Beta Test Results in any manner, with or without attribution, and without compensation or any duty to account to you for such use.
· You agree that any Friendship Zone Platform Applications you build and release based on the Beta Test Product during the Beta Test will be labeled as "beta".
Section 9: Disclaimer of Warranties and Limitation of Liability
FRIENDSHIP ZONE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY FRIENDSHIP ZONE PROPERTIES) AND FRIENDSHIP ZONE PLATFORM DOCUMENTATION ARE PROVIDED BY FRIENDSHIP ZONE ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS, DEFECTS AND ERRORS" BASIS. FRIENDSHIP ZONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO FRIENDSHIP ZONE PLATFORM OR FRIENDSHIP ZONE PLATFORM DOCUMENTATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF FRIENDSHIP ZONE PLATFORM IS AT YOUR SOLE RISK. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, FRIENDSHIP ZONE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. FRIENDSHIP ZONE DOES NOT WARRANT THAT FRIENDSHIP ZONE PLATFORM (INCLUDING, WITHOUT LIMITATION ANY FRIENDSHIP ZONE PROPERTIES) IS FREE OF VIRUSES, WORMS, TROJANS, SPYWARE OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION.
FRIENDSHIP ZONE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, FRIENDSHIP ZONE, FRIENDSHIP ZONE PLATFORM OR FRIENDSHIP ZONE PLATFORM DOCUMENTATION, FROM ANY TERMINATION OF THIS AGREEMENT OR YOUR ABILITY TO USE OR PARTICIPATE IN FRIENDSHIP ZONE PLATFORM FOR ANY REASON, FROM DISABLING OR REMOVING ANY APPLICATIONS HOSTED BY FRIENDSHIP ZONE, OR FROM ANY USE OR MISUSE OF YOUR FRIENDSHIP ZONE PLATFORM APPLICATION OR OF FRIENDSHIP ZONE PLATFORM APPLICATION CONTENT BY ANY FRIENDSHIP ZONE USER OR ANY OTHER THIRD PARTY, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST DATA, BUSINESS OR ANTICIPATED PROFITS, WHETHER OR NOT FRIENDSHIP ZONE WAS AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIMIT FRIENDSHIP ZONE'S LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OR WILLFUL MISCONDUCT OF FRIENDSHIP ZONE OR OF ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES.
Section 10: Release and Indemnification
A) You hereby irrevocably and unconditionally release and undertake not to sue or pursue any other claim against Friendship Zone, or any of its licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims: (i) pertaining to your Friendship Zone Platform Applications or the Friendship Zone Platform Application Content, or any intellectual property you develop that is based on, uses, or relates to Friendship Zone Platform or any portion thereof; and/or (ii) which otherwise may arise in connection with your use of, reliance on, or reference to Friendship Zone Platform or Friendship Zone Platform Documentation.
B) You will indemnify, and hold harmless Friendship Zone, its customers and users, all third-party advertisers, technology providers and service providers, and each of their respective employees, directors and representatives, from and against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claims, actions or proceedings (any and all of which are "Claims") which in any way arise out of or are related to: (i) your use of Friendship Zone Platform (including, without limitation, any the Friendship Zone Properties) or Friendship Zone Platform Documentation; or (ii) your Friendship Zone Platform Application or the Friendship Zone Platform Application Content, including but not limited to any infringement of any third-party rights; and (iii) your violation of any term or condition of this Agreement (including the Friendship Zone Site Terms of Use, the Friendship Zone Privacy Policy, the Friendship Zone Platform Documentation or the Friendship Zone Platform Application Guidelines). At Friendship Zone's option, you will assume control of the defense and settlement of any Claim subject to indemnification by you (provided that, in such event, Friendship Zone may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, you may not settle any such Claim without Friendship Zone's prior written consent). Third party advertisers, technology providers and service providers are express and intended third-party beneficiaries of this Section 10 and as such will be entitled to directly enforce their rights hereunder.
Section 11: Applicable Law; Venue
The jurisdiction and law applicable is that of England and Wales.
Section 12: Termination
You may terminate this Agreement at any time by ceasing to use Friendship Zone Platform. You acknowledge and agree that Friendship Zone may at any time in its sole discretion, without liability, with or without cause and with or without notice: (a) terminate this Agreement; (b) terminate or suspend your access to Friendship Zone Platform, Friendship Zone Properties and/or the Friendship Zone Site or any portion or feature of any of them; and/or (c) remove, block, delete or disable access to your Friendship Zone Platform Applications and/or or any Friendship Zone Platform Application Content, including without limitation if we determine, in our sole discretion, that your Friendship Zone Platform Application or any Friendship Zone Platform Application Content is unsuitable for Friendship Zone Platform, Friendship Zone Site or Friendship Zone Users. We further reserve the right, without liability, with or without notice and with or without cause, to discontinue Friendship Zone Platform and/or any portion or feature thereof for any reason and at any time in our sole discretion. Upon any termination or notice of any discontinuance, you must immediately stop your use of Friendship Zone Platform, and delete all Friendship Zone Properties in your possession or control (including from your Friendship Zone Platform Applications and your servers). Sections 2.A.6, 2.A.7, 2.A.8, 2.A.9, 2.A.10, 2.A.11, 2.A.12, 2.B.2, 2.B.3, 2.B.4, 2.B.5, 2.B.6, 2.B.8, 2.C, 2.D, 2.E, 4, 5, 6.D, 9, 10, 11, 12, together with any accrued but unpaid payment obligations you may have hereunder and any definitions that are necessary to give effect to the foregoing provisions, will survive any termination of this Agreement and will continue to bind you and us in accordance with their terms.
Section 13: Certain General Provisions
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Friendship Zone Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO STOP USING FRIENDSHIP ZONE PLATFORM. YOUR CONTINUED USE OF FRIENDSHIP ZONE PLATFORM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE. No amendment or modification of this Agreement other than as provided above will be binding on Friendship Zone unless set forth in a writing signed by an authorized representative of both parties. Except as specifically provided herein, if any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon Friendship Zone's request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement shall remain in full force and effect. The failure by Friendship Zone to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of Friendship Zone to enforce such provision thereafter. This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. This Agreement (including the Friendship Zone Site Terms of Use, the Friendship Zone Platform Documentation and the Friendship Zone Platform Application Guidelines as incorporated by reference herein), constitutes the entire agreement between you and Friendship Zone regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between you and Friendship Zone, whether written or oral, regarding such subject matter. Each of Friendship Zone's affiliates are express and intended third party beneficiaries of this Agreement and may enforce any of its terms and exercise any of the rights to the same extent as Friendship Zone. You and Friendship Zone are independent contractors, and nothing in this Agreement is intended to or does create any type of joint venture, partnership or employer/employee relationship between you and Friendship Zone or its affiliates. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
Section 14: Contact Information
If you have any questions regarding this Agreement or Friendship Zone Platform, please contact us directly.
Friendship Zone Marketplace Guidelines
Listing Rules
Friendship Zone is a social utility that connects people with friends and others who work, study and live around them. Friendship Zone Marketplace enables users to connect with each other by posting classified ads on Friendship Zone (“Friendship Zone Marketplace” or the “Service”). All listings posted on or through the Services (“Listings”) and all transactions conducted in connection therewith, are subject to and governed by these Friendship Zone Marketplace Guidelines (the “Guidelines”) as well as the Friendship Zone Terms of Use. WHEN YOU USE FRIENDSHIP ZONE MARKETPLACE IN ANY MANNER YOU ARE AGREEING TO ABIDE BY THESE GUIDELINES (“GUIDELINES”) AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE.
Please note that all Listings are posted and offered by the user, not by Friendship Zone, and the parties participating in a transaction are solely responsible for all aspects of such transaction and for resolving any disputes that arise in connection therewith, including but not limited to payment processing, fulfillment and customer support
· All Listings must be accurate and not misleading, and you may not use the Service in a fraudulent manner or to engage in any fraudulent activity or purpose or to impersonate any person or entity.
· You may list an item in only one Listing at a time per network, and in the most appropriate category.
· It is illegal to advertise any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination."
· You may not list any item for sale, lease or rent that is not in your possession or ownership or that you do not have the right to sell lease or rent at the time the item is listed.
· You may not post any material that contains or links to any viruses, worms, Trojan horses, corrupted data or other harmful, disruptive or destructive files or programs.
· You may not post in your Listings any content that is pornographic, infringing, obscene, offensive, harassing, hateful, inflammatory, abusive, defamatory, harmful, fraudulent, or invasive or privacy or publicity rights or otherwise violates these Guidelines or the Terms of Use.
· You may not promote, encourage or solicit illegal activity of any kind.
· You may not offer, list, sell or lease any items that are designated in these Guidelines as Prohibited Items or that would violate these Guidelines in any manner.
All Listings and all transactions entered into through the Service must comply with all applicable laws, rules, regulations and restrictions, and you may not offer, list, sell, lease, solicit, request or provide anything through the Service in a jurisdiction where such action would violate any law, rule, regulation or restriction. The parties to a transaction are solely responsible for researching and determining the scope of the applicable law to determine whether a listing or transaction complies with applicable law.
Prohibited Items
Without limiting any of the restrictions contained elsewhere in these Guidelines or the Terms of Use, the following items may not be sold, leased, rented, provided or otherwise transacted through Friendship Zone Marketplace:
· Firearms, ammunition and other weapons and related accessories (including martial arts weapons)
· Fireworks or any destructive devices or explosives
· Child pornography or obscenity
· Illegal drugs and drug paraphernalia
· Prescription or non-prescription drugs and medical devices
· Alcohol or tobacco products
· Goods made from protected animals/plants
· Restricted or regulated plants and insects
· Pesticides or hazardous substances
· Illegal, stolen or counterfeit goods or knock-offs of brand name products
· Blood, bodily fluids and body parts
· False identification cards and police items
· Hacking and illegal surveillance equipment and descrambling equipment
· Burglary tools
· Counterfeit stamps, currency and coins
· Material that infringes the rights of a third party, including copyrights, trademarks, patents, rights of publicity and rights or privacy (including wares and bootleg copies)
· Airline tickets that restrict transfer
· Lottery or raffle tickets, sweepstakes or content entries or gambling related items or devices unless it is National Lottery what is charity orientated enterprise
· Used or rebuilt batteries
· Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
· Hazardous goods
· Stocks, bonds, securities
· Sexual services or sexually explicit materials
· Event tickets if sale, pricing or manner of sale violates state and local regulations
· Any item that violates UK export laws to sell to the intended seller, including items subject to UK embargoes
· Items that are associated with hate groups such as Nazis or Ku Klux Klan
· Items subject to a recall or for which resale is prohibited
General Rules and Guidelines
· The parties to a Friendship Zone Marketplace transaction are solely responsible for all interactions with each other, for arranging for payment, customer service and the exchange and fulfillment of the goods or services purchased, and for the results of the transaction and for all applicable taxes. Friendship Zone is not responsible for any failure to pay any amounts due, or to deliver any merchandise or services as promised or for any other aspect of the transaction.
· You should be aware that Listings are intended to be public, and regardless of any privacy settings you select, Listings that you post on Friendship Zone and questions or comments you post in connection with the Services may in some cases become publicly available on the Friendship Zone Site. For example, (i) questions that you send regarding a Listing, may be posted by the person who initiated the Listing in connection with such Listing, (ii) your Listings may be visible to all Friendship Zone users (unless you specify that your Listing be viewable only by those in particular networks, or unless you block a specific Friendship Zone user), and (iii) users who can view your Listing are able to send you messages through your Listing, even if your message setting is set to receive messages only from your Friendship Zone friends or an otherwise restricted set of users. Therefore, you should also avoid posting phone numbers, email addresses or other personal information in your Listings and in any questions or comments you may post in connection with any Listings.
· Parties to a transaction should exercise caution in providing contact information or personal information to the other party and in making personal contact with the other party. Friendship Zone is not responsible for the actions of any of its users, and this Service is provided AS IS AND AT YOUR OWN RISK.
· Both parties to a transaction are responsible for determining if the transaction is illegal or otherwise does not fully comply with applicable law.
· You are responsible for all listings posted and all other activities conducted using your password, and you should protect your password and not disclose it to any other person.
· The Service may not be used to solicit or obtain user passwords.
· You must own or otherwise have the right to use all photographs used in any Listings, and such photographs must accurately represent the item involved in your transaction.
· You may not use Friendship Zone Marketplace to send spam or other unsolicited commercial emails of any kind or send spam to any user you locate through the Service.
· You may not use the Friendship Zone Site or the Service to solicit Friendship Zone Marketplace users to post ads on other sites
· You may not use information that a specific user navigated from the Friendship Zone Site to your web site or any personally-identifiable information regarding any user of the Friendship Zone Site to target communications specifically to users of the Friendship Zone Site without Friendship Zone's prior written consent.
· Friendship Zone reserves the rights to immediately and without notice terminate any Listings or your use of Friendship Zone or the Friendship Zone Marketplace, for any reason, or no reason, at its sole discretion, including without limitation if you violate these Guidelines or the Terms of Use.
· If you believe a Listing violates these Guidelines or the Terms of Use, you may report the violation to Friendship Zone by using the "Report" button adjacent to the Listing, and Friendship Zone will determine in its sole discretion how to address such Listing. Please see our Copyright Policy to see how to report listings that you believe infringe a copyright you own or control. It is a violation of these Guidelines to intentionally misreport a Listing as violating these Guidelines or the Terms of Use.
These Guidelines may be modified or replaced by Friendship Zone at any time without notice in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of Friendship Zone Marketplace following the posting of such changes or modifications will constitute your acceptance thereof. Therefore, you should review these Guidelines from time-to-time and before posting any Listings or otherwise using the Service. If you do not agree to the amended terms, you must stop using the Service.
Terms of Sale
Certain products and services may from time to time be made available to you ("you" or "User") by Friendship Zone, Inc. or its corporate affiliates (collectively, "us", "we" or "the Company") through the Friendship Zone Site. By purchasing any products or services through Friendship Zone, you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your purchases and your use of Friendship Zone are also governed by the Friendship Zone Terms of Use ("Terms of Use"), which are incorporated herein by reference. "Friendship Zone Site" means that website currently appearing at www.Friendship Zone.com, any other Friendship Zone or Friendship Zone affiliate-branded or co-branded website or web page (including, without limitation, any and all sub-domains, international versions and successors thereof) and any Friendship Zone or Friendship Zone Affiliate provided services, including, without limitation, services provided through any media, devices or networks now existing or later developed.
These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Friendship Zone Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on Friendship Zone.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To make a purchase on Friendship Zone, you must be a registered Friendship Zone User and comply with these Terms of Sale (including the Terms of Use). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Friendship Zone sells its products only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on Friendship Zone only with the involvement of a parent or guardian. Friendship Zone reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Payment Method and Terms
We accept Visa, Master Card, Pay Pal credit cards and certain debit cards, as forms of payment. By submitting an order through Friendship Zone, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in £GBP Sterling. When you provide your credit card number to Friendship Zone, you may authorize us to store your credit card number and related payment information.
Delivery
Any tangible property purchased through the Friendship Zone Site will be shipped FOB Shipping Point. Title to such products passes from Company to you upon shipment. With respect to services you purchase through the Friendship Zone Site, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Friendship Zone will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
Product and Service Descriptions and Availability, Errors
The Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. The Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. The Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, the Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or the Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on Friendship Zone, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Friendship Zone Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing, at our option, Gift Credits as described below), with a value at least equal to the amount charged to your credit card. Friendship Zone reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. To request a refund, contact Friendship Zone directly.
Taxes
The User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and the Company reserves the right to collect such taxes or other fees from you at any time.
Virtual Gift Service
The Company's virtual gift service allows you to select an image from Friendship Zone's Virtual Gift Store and post it on the recipient's profile along with a message from you (the "Virtual Gift"). The length of time the Virtual Gift will remain posted on the recipient's profile (unless hidden or deleted by the recipient) will be determined by Company in its sole discretion, but it will remain there for a minimum of two weeks unless hidden or deleted by the recipient. The images and other content included as part of the Virtual Gift is part of the Site Content and is subject to all terms and conditions regarding such Site Content as are set forth in the Terms of Use. In addition, any message that you include with the Virtual Gift must comply with all terms and conditions regarding User Content and User Conduct as set forth in the Terms of Use. Without limiting any of the foregoing, the Virtual Gift service is a service (notwithstanding any use of the terms "purchase," "buy," "sell," "order" or the like on the Friendship Zone Site or in these Terms of Sale),and neither you nor your recipient obtains or retains any rights or ownership interest of any kind in or to any Virtual Gift you send or receive through the Virtual Gift service, and neither you nor the recipient may reproduce, distribute, transfer, modify or otherwise use the Virtual Gift in any manner other than as expressly authorized by Company. All use of the Virtual Gift service is for your personal, non-commercial use only. Price and availability of Virtual Gifts are subject to change at any time without notice.
Gift Credits
In order to send Virtual Gifts, you must purchase credits (the "Gift Credits") that are redeemable for Virtual Gifts at rates specified on the Virtual Gift page. Friendship Zone may in its sole discretion allow you to apply your Gift Credits toward other goods or services in addition to such Virtual Gifts. Although the Gift Credits you purchase do not expire, if you do not use your Gift Credits within one year after the date of purchase, Friendship Zone may without notice redeem such Gift Credits on your behalf by sending Virtual Gifts to your Friendship Zone friends. Friendship Zone may determine in its sole discretion which of your Friendship Zone friends will receive such Virtual Gifts, how many each friend will receive, and which Virtual Gift(s) will be sent to each. Gift Credits have no monetary value and cannot be redeemed for cash. Gift Credits are non-refundable and non-transferable. Without limiting any of the foregoing, the Gift Credits system is a service (notwithstanding any use of the terms "purchase," "buy," "sell," "order" or the like on the Friendship Zone Site or in these Terms of Sale), and you do not obtain or retain any rights or ownership interest of any kind in or to Gift Credits. All use of the Gift Credits system is for your personal, non-commercial use only. To review how many Gift Credits you have remaining, go to the Virtual Gift page. If you have any questions about Gift Credits, please contact customer support.
Returns
All tangible merchandise, other than special orders and as otherwise noted by the Company, may be returned to us for a refund of your purchase price when you notify us within 10 days of receipt of your order. We do not accept returns after this 10-day period. A 20% restocking fee may be applied to your return, but it shall not apply to returns due to defects or errors by the Company. You are responsible for paying shipping back to the designated location for returned items, unless such item is being returned due to a product defect or error by Company. You must call first for a return authorization number, and no merchandise can be returned without a written authorization number. Items must be unopened, in new condition, and returned in original shipping containers. All merchandise must be inspected by the customer upon delivery. If any box looks dented or damaged in any way, the driver must make a notation and should mark any damages. Boxes opened later and then damage noticed without driver making notation, is considered concealed damage. Some shipping companies do not always cover full refunds on concealed damage items. The Company is not responsible for damaged incurred during shipping. There are no returns or cancellations for any intangible property or services purchased from Company, including without limitation Virtual Gift services. All sales are final, no cancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by the Company in its sole discretion.
Privacy
We care about the privacy of our Users. Click here to view the Friendship Zone Site's Privacy Policy. By using the Friendship Zone Site, you are consenting to have your personal data transferred to and processed in the United States.
Disclaimers
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY THE COMPANY. THE COMPANY ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED £500 STERLING. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO THE COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Governing Law; Venue and Jurisdiction
You agree that the jurisdiction and applicable law is that of England and Wales.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
Other
These Terms of Sale, including the Terms of Use, constitute the entire agreement between you and Company regarding purchases you make on Friendship Zone, superseding any prior agreements between you and the Company relating to such purchases. The failure of Company to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Use, these Terms of Sale shall be controlling.
Questions
Contact Friendship zone if you have any questions..
Additional Terms Applicable to Friendship Zone Pages
Friendship Zone Pages are subject to and governed by these Additional Terms Applicable to Friendship Zone Pages (the "Additional Terms") as well as the Friendship Zone Terms of Use. In the event of any conflict between these Additional Terms and the Terms of Use, these Additional Terms control. Capitalized terms that are not defined in these Additional Terms will have the definitions provided them in the Friendship Zone Terms of Use.
PLEASE READ THESE ADDITIONAL TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. WHEN YOU CREATE A FRIENDSHIP ZONE PAGE, YOU ARE AGREEING TO ABIDE BY THESE ADDITIONAL TERMS AND THE OTHER TERMS SET FORTH IN THE FRIENDSHIP ZONE TERMS OF USE.
Authorization
Friendship Zone Pages may only be set up for the purpose of promoting a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands and celebrities), and only by an authorized representative of the entity or individual that is the subject of the Friendship Zone Page. By creating a Friendship Zone Page, you represent and warrant that you are authorized to do so by the person or entity that is the subject of the Friendship Zone Page, and to accept these Additional Terms and the Friendship Zone Terms of Use on such person's or entity's behalf. When you create a Friendship Zone Page, you must designate one or more administrators who are authorized to operate and edit the Friendship Zone Page.
Friendship Zone does not review Friendship Zone Pages to determine if they were created by an appropriate party, and is not responsible for any unauthorized Friendship Zone Pages that may appear on the Site. If there is any dispute as to whether a Friendship Zone Page has been created or is being maintained by an authorized representative of the individual or entity who is the subject of that Friendship Zone Page, then Friendship Zone shall have sole right, but is not obligated, to resolve such dispute as it determines is appropriate in its sole discretion. Such resolution may include, without limitation, deleting or disabling access to Friendship Zone Pages or any portion thereof at any time without notice.
Organizations or groups that promote or glorify hatred, violence, intolerance, racism or discrimination may not set up Friendship Zone Pages. Friendship Zone reserves the right to delete or disable access to any such Friendship Zone Pages without giving any compensation to the setter-up of such pages or to anyone else.
Content
You are solely responsible for the creation, use and content of your Friendship Zone Page and the URL you choose to be associated with your Friendship Zone Page (your "Friendship Zone URL"). Friendship Zone Pages may include commercial content (Commercial Content), and can be used to conduct commercial activities, including but not limited to transactions, advertising, fundraising, contests, or promotions (Commercial Activities). Such Commercial Content and Commercial Activities may not be unlawful, fraudulent, false, or misleading in any manner.
You are also solely responsible for selecting the setting "content suitable for people over 10" for any Friendship Zone Page.
All content contained in Friendship Zone Pages must, when applicable, continue to comply with Friendship Zone's Terms of Use, the Friendship Zone Code of Conduct. Friendship Zone reserves the right to delete or disable access to any Friendship Zone Page or any content that fails to comply with the terms of this section.
Trademark Policy
You represent and warrant that your Friendship Zone Page, including any content contained therein, and your Friendship Zone URL do not infringe in any way upon or violate the trademark or other rights of any third party. Although Friendship Zone has no obligation to screen or monitor any Friendship Zone Page or Friendship Zone URL, Friendship Zone reserves the right, but is not obligated, to resolve any complaints, disputes, or potential disputes regarding the infringement of any third party trademarks in connection with your Friendship Zone Page or Friendship Zone URL in any manner it deems appropriate in its sole discretion. You agree to abide by and cooperate with the resolution of any such dispute as determined by Friendship Zone, which may include, without limitation, deleting, changing or transferring control of a Friendship Zone URL or deleting or disabling access to Friendship Zone Pages or any content contained therein.
Privacy
If you collect or have access to any personal information from users (including without limitation personal information contained in any User profile), you agree to have users expressly authorize such collection or access, and any subsequent use, through an express opt-in process. You agree to use any such personal information only for the express purpose for which such personal information was provided by the user. You further agree not to share such personal information with any third party, except for service providers who are assisting you in carrying out the business you conduct on your Friendship Zone Page and who are obligated to protect the privacy of such information and not to use such information for any purpose other than that for which it was provided. You agree to use reasonable measures to protect the security of any personal information you collect from users.
Indemnification
In addition to the indemnities provided in the Terms of Use, you agree to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or relating in any manner to your creation, operation and/or use of any Friendship Zone Page, including without limitation any claims relating to: (a) the content and information contained in your Friendship Zone Page, including Commercial Content; (b) your Friendship Zone URL; (c) your collection, use, storage or sharing of any user personal information; or (d) any Commercial Activities conducted through the Site.
Modifications
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Additional Terms at any time without further notice. If we do this, we will post the changes to these Additional Terms on this page and will indicate at the top of this page the date these terms were last revised. You agree to waive any specific notice of such changes, and your continued use and operation of the Friendship Zone Page after any such changes constitutes your acceptance of the new Additional Terms. It is your responsibility to regularly check the Site to determine if there have been changes to these Additional Terms.
