FRIENDS FIRST TERMS AND CONDITIONS OF SERVICE
This
online personals service is a way for adults
to meet each other (the "Service").
The Service is provided by the Friends First.
This legal
agreement is made between You and Us ("Agreement").
This Agreement applies to all of Our sites
that are offering the Service. Please read
this Agreement carefully before registering
for the Service. By registering for the Service,
You become a member (a "Member"),
and You agree to be bound by the terms and
conditions of this Agreement for as long as
You continue to be a Member. IF YOU DO NOT
AGREE WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT, PLEASE DO NOT REGISTER FOR THE
SERVICE. THE TERMS AND CONDITIONS OF THIS
AGREEMENT ARE SUBJECT TO CHANGES MADE BY US,
AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU,
WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN
PROVIDED UPON OUR POSTING OF THE CURRENT VERSION
OF THIS AGREEEMENT ON THE SERVICE.
In this
Agreement the following words have the following
meanings unless the context requires otherwise:
"Agreement"
means the agreement between You and Us incorporating
these terms and conditions for the provision
of the Service, as amended from time to time
in accordance with the terms and conditions
set forth herein;
“We,
Us, Our" means the Service; and
"You,
Your, Yourself" means the person who
registers for the Service, accepts the terms
and conditions of this Agreement and whose
application for membership of the Service
is accepted by Us.
ELIGIBILITY:
MINORS MAY NOT BECOME MEMBERS. By becoming
a Member, You represent and warrant that You
are at least 19 years old. By using this Web
site, You represent and warrant that You have
the right, authority and capacity to enter
into this Agreement and to abide by the terms
and conditions of this Agreement. Your membership
for the Service is for Your sole, personal
use. You may not authorize others to use Your
membership and You may not assign or otherwise
transfer Your account to any other person
or entity.
REGISTRATION
AND SUBSCRIPTION: Although You may
register as a Member of the Service for free,
if You wish to use the Service to initiate
most communication with other members and
use certain other parts of the Service, You
must become a subscriber and pay the fees
that are set out. This price list is part
of this Agreement And We reserve the right,
at any time, to change any fees or charges
for using the Service. To become a Member,
You must register for the Service. When and
if You register to become a Member, You agree
to provide accurate, current and complete
information about Yourself as prompted by
Our registration form ("Registration
Data"), and to maintain and update Your
information to keep it accurate, current and
complete. You agree that We may rely on Your
Registration Data as accurate, current and
complete. You acknowledge that if Your Registration
Data is untrue, inaccurate, not current or
incomplete in any respect, We reserve the
right to terminate this Agreement and Your
use of the Service and, in such event, You
shall not be entitled to a refund of any unused
subscription fees.
TERM
AND TERMINATION: This Agreement will
remain in full force and effect while You
use the Service and/or are a Member. You may
terminate your membership at any time, for
any reason by following the instructions on
the Member Services page of the Service, or
upon receipt by Us of Your written or email
notice of termination. Either You or We may
terminate your membership by removing your
profile, at any time, for any reason, with
or without explanation, effective upon sending
written or email notice to the other party.
Upon such termination by Us without cause,
We shall refund, pro rata, any unused portion
of any subscription payments that We have
received from You. In the event that (a) You
terminate your subscription or membership
or (b) We determine, in our sole discretion,
that You have violated this Agreement. You
shall not be entitled to nor shall We be liable
to You for any refund of any unused portion
of any subscription payments the We have received
from You, and We may continue to bar Your
use of the Service in the future. Even after
membership is terminated, this Agreement will
remain in effect.
PROPRIETARY
RIGHTS: You represent and warrant to
Us that the information posted in Your profile
including Your photograph are posted by You
and that You are the exclusive author of Your
profile and the exclusive owner of Your photographs.
You assign to Us, with full title guarantee,
all copyright in Your profile and your photographs
posted, at any time, in connection with Your
use of the Service. You waive absolutely any
and all moral rights to be identified as author
of Your profile and owner of Your photograph
and any similar rights in any jurisdiction
in the world. In addition, other Members may
post copyrighted information, which has copyright
protection, whether or not it is identified
as copyrighted. Except for that information
which is in the public domain or for which
You have been given express written permission,
You will not copy, modify, publish, transmit,
distribute, perform, display, or sell any
such proprietary information. By posting information,
photographs or content on any Service, You
automatically grant, and You represent and
warrant that You have the right to grant,
to Us and other members, free of charge, an
irrevocable, perpetual, non-exclusive, royalty-free,
fully-paid, worldwide license to use, copy,
perform, display, promote, publish and distribute
such information, content and photographs
and to prepare derivative works of, or incorporate
into other works, such information and content,
and to grant and authorize sub-licenses of
the foregoing.
YOUR
USE OF THE SERVICE: As a Member, You
agree that:
(1) You
will use the Service in a manner consistent
with any and all applicable laws and regulations.
You will not include in Your profile any telephone
numbers, street addresses, last names, URL's
or email addresses, other than where You are
specifically asked for such information in
the Confidential Personal Information section
of the Service. You will not engage in advertising
to, or solicitation of, other members to buy
or sell any products or services through the
Service. You will not transmit any chain letters
or junk email to other members. You are solely
responsible for Your interactions with other
members. We reserve the right, but have no
obligation, to monitor and/or mediate disputes
between You and other members.
(2) You
are solely responsible for the content or
information You publish or display (hereinafter,
"post") on the Service, or transmit
to other members. You will not post on the
Service, or transmit to other members or to
Us or Our employees, any defamatory, inaccurate,
abusive, obscene, profane, offensive, sexually
oriented, threatening, harassing, racially
offensive, or illegal material, or any material
that infringes or violates another party's
rights (including, but not limited to, intellectual
property rights, and rights of privacy and
publicity). You will not include in Your profile
any offensive anatomical or sexual references,
or offensive sexually suggestive or connotative
language, and You will not post any photos
containing nudity or personal information.
We reserve the right, but We have no obligation,
to reject any profile or photo that does not
comply with the prohibitions set forth in
this section and, to the extent that We determine,
in Our sole discretion, to do so, You shall
not be entitled to a refund of any unused
subscription payments that We have received
from You.
(3) Email
communications sent from Us or through Us
are designed to make your online personals
experience enjoyable. By becoming a member,
You specifically agree to accept and consent
to receiving email communications initiated
from Us or through Us including, without limitation:
message notification emails, “Your Match”
emails, emails informing you about events
and parties We organize, emails informing
You of promotions We run and emails informing
You of changes to the Service. Should You
not wish to receive any of Our email communications,
please do not register with Us for the Service.
(4) You
agree that We have no responsibility or liability
for the deletion, corruption or failure to
store any messages or other content maintained
or transmitted by Our Service. You acknowledge
that features, parameters or other services
We provide may change at any time. You acknowledge
that We reserve the right to sign out, terminate,
delete or purge Your account from the Service
if it is inactive. "Inactive" means
that you have not signed in to the Service
for a particular period of time, as determined
by Us, in Our sole discretion (currently,
we consider an account to be Inactive after
12 months).
(5) Our
customer service employees are here to make
your online experience enjoyable by providing
assistance and guidance to You. When speaking
to Our customer service employees on the phone
or communicating with them by any other means,
You undertake not to be abusive, obscene,
profane, offensive, sexually oriented, threatening,
harassing or racially offensive. Should any
of Our customer service employees feel, at
any given point, threatened or offended by
Your conduct, We reserve the right to immediately
terminate Your membership and You shall not
be entitled to the refund of any subscription
payments We have received from You.
We are entitled
to investigate and terminate Your membership
if You have misused the Service, or behaved
in a way which could be regarded as inappropriate,
unlawful or illegal. The following is a partial,
but not exhaustive, list of the types of actions
that are illegal or prohibited under this
Agreement:
- You will not impersonate any person or
entity.
- You will not "stalk" or otherwise
harass any person.
- You will not express or imply that any
statements You make are endorsed by Us,
without Our specific prior written consent.
- You will not use any robot, spider, site
search/retrieval application, or other manual
or automatic device or process to retrieve,
index, "data mine," or, in any
way reproduce or circumvent the navigational
structure or presentation of the Service
or its contents.
- You will not post, distribute or reproduce,
in any way, any copyrighted material, trademarks,
or other proprietary information without
obtaining the prior consent of the owner
of such proprietary rights.
- You will not remove any copyright, trademark
or other proprietary rights notices contained
in the Service.
- You will not interfere with or disrupt
any Service or any site, servers or networks
connected to any Service or site.
- You will not post, email or otherwise
transmit 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.
- You will not forge headers or otherwise
manipulate identifiers in order to disguise
the origin of any information transmitted
through the Service.
- You will not "frame" or "mirror"
any part of the Service, without Our specific
prior written consent.
- You will not use meta tags or code or
other devices containing any reference to
Us or the Service or the site connected
to the Service in order to direct any person
to any other web site for any purpose.
- You will not modify, adapt, sublicense,
translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion
of the Service or any software used on or
for the Service or cause or enable others
to do so.
INDEMNITY
BY MEMBER: You will defend, indemnify,
and hold Us and Our officers, directors, employees,
agents and third parties harmless, for any losses,
costs, liabilities and expenses (including reasonable
attorneys' fees) relating to or arising out
of Your use of the Service, including:
(I) Your breach
of this Agreement; (II) any allegation that
any materials that You submit to Us or transmit
to the Service infringe or otherwise violate
the copyright, trademark, trade secret or other
intellectual property or other rights of any
third party; and/or (III) Your activities in
connection with the Service. This indemnity
shall be applicable without regard to the negligence
of any party, including any indemnified person.
ONLINE
CONTENT: Opinions, advice, statements,
offers, or other information or content made
available through the Service, but not directly
by Us, are those of their respective authors,
and should not necessarily be relied upon. Such
authors are solely responsible for such content.
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF ANY INFORMATION ON THE SERVICE
AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE
RESPONSIBLE FOR THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE, OR STATEMENT MADE BY
PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES
ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING
FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER
CONTENT POSTED ON THE SERVICE, OR TRANSMITTED
TO MEMBERS.
WE RESERVE
THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR
THE MATERIALS POSTED IN THE PUBLIC AREAS OF
THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE
ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION,
VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW
OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT,
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT
OF THE MATERIALS YOU POST IN THE PUBLIC AREAS
OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES.
EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT
ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC
WILL BE TREATED BY US AS PRIVATE TO THE EXTENT
REQUIRED BY APPLICABLE LAW.
INTELLECTUAL
PROPERTY. All intellectual property rights
in and to the Service are and shall be owned
by Us, absolutely. Those rights include, but
are not limited to, database rights, copyright,
design rights (whether registered or unregistered),
trademarks (whether registered or unregistered)
and other similar rights, wherever existing
in the world, together with the right to apply
for protection of the same. All other trademarks,
logos, service marks, company or product names
set forth in Service are the property of their
respective owners.
PRIVACY:
The personal information (including sensitive
personal information) You provide to Us will
be stored on computers. You consent to Our using
this information to build up a profile of interests,
preferences and browsing patterns and to allow
You to participate in the Service. You also
agree to read, review, comply with, uphold and
maintain Our terms and conditions thereof. If
you are located outside of the United States,
please note that the information that you provide
is being sent to the United States. By becoming
a member of the Service, you consent to your
data being sent to the United States and to
such other third parties and jurisdictions as
may be involved in the provision and operation
of the Service...
DISCLAIMERS:
WE PROVIDE THE SERVICE ON AN "AS IS"
BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED,
IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH
OUR REPRESENTATIVES, OR US OR OTHERWISE WITH
RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FURTHER, WE DO NOT WARRANT THAT YOUR USE OF
THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS
AVAILABLE OR ERROR-FREE OR THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS
IN THE SERVICE WILL BE CORRECTED WE DISCLAIM
LIABILITY FOR, AND NO WARRANTY IS MADE WITH
RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each
member must agree to Our terms and conditions,
We cannot guarantee that each member is at least
the required minimum age, nor do we accept responsibility
or liability for any content, communication
or other use or access of the Service by persons
under the age of 18 in violation of this Agreement.
Also, it is possible that other members or users
(including unauthorized users, or "hackers")
may post or transmit offensive or obscene materials
on the Service and that You may be involuntarily
exposed to such offensive and obscene materials.
It also is remotely possible for others to obtain
personal information about You due to Your use
of the Service, and that the recipient may use
such information to harass or injure You. We
are not responsible for the use of any personal
information that You disclose on the Service.
Please carefully select the type of information
that You post on the Service or release to others.
WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE
FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF
OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED
USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR
DURING THE USE OF THE SERVICE OR OTHERWISE.
LIMITATION
OF LIABILITY: IN NO EVENT WILL WE BE
LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS,
COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
SERVICE INTERRUPTIONS) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, EVEN IF
WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
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 US FOR THE SERVICE DURING THE
TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE
SCREEN THE MEMBERS REGISTERING TO THE SERVICE
IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE
FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL
AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE
OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION,
DAMAGES ARISING OUT OF COMMUNICATING AND/OR
MEETING WITH OTHER MEMBERS OF THE SERVICE, OR
INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE.
SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL
DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS
AND DISCOMFORT.
COMPLAINTS:
To resolve a complaint regarding the Service,
You should first contact
Our customer service department.
DISPUTE
RESOLUTION: This
Agreement is governed by the laws of the province
of British Columbia without regard to its conflict
of law provisions. You agree to personal jurisdiction
by and venue in the state and federal courts
of the province of British Columbia. This Agreement
shall not be governed by the United Nations
Convention on Contracts for the International
Sale of Goods, the application of which is hereby
expressly excluded. |
