Terms of Service
The focus of our App and Service is to let You answer questions that are used to connect you with like-minded people to chat with.
1. USERS. You currently may become a member of Friended (“Member”) for free. Certain areas of the App or Services, including, but not limited to, chatting, posting or answering questions through the Services, may be restricted to Subscribers only. In the event you provide us with information on the App or Services, you agree to only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the App or Services (or any portion thereof). Members agree not to attempt to access Subscriber areas of the App.
a. Top Users. We may list certain Members and/or award designations based on the volume and/or types of Content they provide on the App. Any such listing or designation is in our sole discretion, and we reserve the right to revoke such status or designation at any time.
3. SUBSCRIPTIONS. The app is free to download and use. We currently offer optional subscription packages. Prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice.
Please note that with all subscriptions:
- Payment will be charged to your iTunes Account at confirmation of purchase
- Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
- Your account will be charged for renewal within 24-hours prior to the end of the current period at the then current 1-month subscription cost.
- You can manage subscriptions and turn off auto-renewal by accessing your Account Settings after purchase.
- You cannot cancel the current subscription during the active subscription period.
- Any unused portion of a free trial period, if offered, will be forfeited if you purchase a subscription to that package.
5. RULES REGARDING CONTENT. When you access the App and/or Services, you obtain access to various kinds of information and materials, all of which we call “Content.” Most Content comes in various forms including, but not exclusive to questions, comments, and replies that You or other Members contribute through the Services.
You will be entirely responsible for each individual item of Content that you post on the App, whether it is a photo, a message, a question or an answer.
For us to do what we do, you agree to grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to that Content. You agree that any such Content or any derivative works thereof may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us (with or without attribution to you), and searched, displayed, printed or otherwise used or exploited by our customers. To the extent you include personally identifiable information in your Content, we will not be liable for such disclosure. You represent and warrant that you will not post or use any Content in any manner that:
• Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
• Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
• Is false or inaccurate or becomes false or inaccurate at any time;
• Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
• Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
• Misrepresents your identity in any way;
• Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, bots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Advocates or encourages any illegal activity; or
• Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
All of the foregoing disclaimers apply to any Content posted on the Services by Members. In no event will we take any responsibility for any Content provided by a Member, and we make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility or liability for, the quality, content, nature or reliability of any Content provided by any Member or any opinion, recommendation, or advice expressed therein.
6. GENERAL RULES OF USER CONDUCT. It is our goal to make access to our App and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not:
• Upload, submit or write any objectionable content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
• Use the service for any commercial purposes (market research, advertising, etc.) unless approved in advance.
• Use, reproduce, duplicate, copy, sell, resell or exploit: (a) any portion of the App or Services; (b) your use of the App or Services, or (c) your access to the App or Services, in each case for any purpose other than for which the App or Services are being provided to you;
• Conduct or promote any illegal activities while using the App or Services;
• Upload, distribute or print anything that may be harmful to minors;
• Attempt to reverse engineer or jeopardize the correct functioning of the App, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the App;
• Attempt to gain access to secured portions of the App or Services to which you do not possess access rights;
• Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• Use the App or Services to generate unsolicited email advertisements or spam;
• Use the App or Services to stalk, harass or harm another individual;
• Take any action that may undermine the feedback or ratings systems;
• Use any high volume automatic, electronic or manual process to access, search or harvest information from the App or Services (including without limitation robots, spiders or scripts);
• Interfere in any way with the proper functioning of the App and Services or interfere with or disrupt any servers or networks connected to the App or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the App or Services;
• Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the App or the Content contained on any such web page for commercial use without our prior express written permission;
• Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
• Mirror or frame the App or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
Do not use the Services to solicit or facilitate any transaction or gift involving certain goods and services, which include:
• Firearms, ammunition or explosives;
• Drugs, including alcohol and tobacco, or any controlled substances (except advertisements placed in accordance with our advertising policy);
• Paid services involving physical sexual contact;
• Stolen goods;
• Personal information;
• Falsified official documents or currency.
Friended is not intended to be used as a marketplace and takes no responsibility for any transactions individual users might decide to undertake in spite of this. Friended is not a party to any offline arrangements made through our Services. We do not conduct or require background checks on Members, and do not attempt to verify the truth or accuracy of statements made by Members. We make no representations or warranties concerning the conduct or Content of any Members or their interactions with you. Always remember: you are dealing with strangers on the internet.
7. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the App or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Services or create new Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the App or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
8. SOCIAL NETWORKS. In using certain Services, you authorize us to act on your behalf to access and interact with social networking Apps such as Facebook and Twitter (any such App, a “SN App”) to retrieve information from, and/or submit information to, such SN Apps at your request. We will not collect your username and password, and we will instead store the unique authorization code (or a “token”) provided to us by the SN App to access it on your behalf. You can revoke our access to an SN App at any time by amending the appropriate settings from within your account settings on that App. You should note that an SN App may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our Services will always include a connection to such SN App.
9. MODIFICATIONS TO THE APP OR SERVICES. We reserve the right to modify or discontinue the App or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the App and/or Services. If you object to any such changes, your sole recourse will be to cease access to the App or Services. Continued access to the App or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the App or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the App and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE APP OR SERVICES.
12. RELEASE. To the extent permitted under applicable laws, you hereby release Friended from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services, any Member or any Verified Expert, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services, any Member or any Verified Expert; (c) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Apps, any Member or any Verified Expert, whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Apps user or Member communications. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
14. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE APP AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE APP OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT APPS OR ANY OTHER APP LINKED TO OUR APP. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS APP OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00). WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND OTHER MEMBERS, NOR, IN ANY EVENT, WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY MEMBER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
17. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information: • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed; • A description of where the material that you claim is infringing is located on the App or Services; • Your address, telephone number, and email address; • 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; and • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please email us at firstname.lastname@example.org with any copyright claims or copyright infringement claims.
21. CONTACTING US. If you have any questions or concerns about our App, your world, or anything else, please give send an e-mail to email@example.com.
LAST UPDATED. April 13, 2018