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Terms of Use

Hi gang! So glad you decided to #getfriendish, we knew you were one smart cookie. The terms of use AKA the not so fun part is long but necessary, so make sure you read and understand before you use our app or website. Also important to check out is our privacy policy, so that you’re aware of your rights and ours by using our app, site and/or services.

1. Accepting terms of use

By using Friendish, you agree to the terms and conditions of use as outlined in this document and the company’s privacy policy.

2. Using Friendish

  To be eligible to use Friendish you must:

         be at least 18 years of age

         have an approved Facebook account

         use Friendish in countries where it is legally permissible

In using Friendish you must not:

        Use someone else’s account without their explicit permission

        be a registered sex offender with any government entity

        be prohibited by law from using Friendish. In such cases, use is void

3. Account creation

To create an account with Friendish you must have an approved and valid Facebook account. By signing up to use Friendish with your Facebook account for the purpose of use of the app, you allow Friendish to

        access information including but not limited to your Facebook profile, photos and              friends

4. Account deletion

We hope the only reason you’ll leave is because you’ve made such great friends and no longer need us. In any event, we’ll be sad to see you go, but if you must leave, please understand the following:

        By deleting your account with Friendish you are still bound to the terms of use of              the app from the time of account creation to deletion.

        We will save your profile for at least 30 days in the event you would like to restore  your account.

        Friendish may terminate any user account for any reason without notice.

        Under no circumstance is Friendsh obligated to render repayment of ad spend to            any user in the event user terminates their own account.

5. Personal use with commercial benefits

Friendish is intended for personal use and additionally allows users to advertise their events, services and businesses that are relevant and localized for the sole purpose of entertainment and discovery for all users of the app.

Any information used by users in advertising events, services and businesses must be owned entirely by user who posts, shares or publishes it in app. This includes but is not limited to (design, files,  graphics, logos, videos, images, company names and organizations etc.)

Any information that could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person; is obscene, pornographic or otherwise offensive; is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry; encourages any illegal activity including terrorism, incites racial hatred or hate crimes; is defamatory; involves the transmission of “spam"; contains any spy ware, adware, viruses, corrupt files or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information from Friendish or otherwise; itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights); shows another person which was created or distributed without that person’s consent; or incorporates the image or likeness of any individual under 18 years of age IS NOT PERMISSIBLE. Friendish has a no tolerance policy for such content

User may not use the likeness of any individual, their person, images etc without their explicit permission.

Friendish reserves the right to use any users content that is published, shared or transmitted through the app for purposes including but to limited to, advertisements, marketing, editing and recreation.

Friendish reserves to alter any content a user shares in app through posting, publishing or sharing for purposes included but not limited to advertisements, marketing, editing and recreation.

6. Shared content

Please use discernment, good judgement and common sense when sharing content. Users may message each other in app but are forbidden from sharing the following content:

        -images of any sort

        -links intended with the purpose of spam or affiliate marketing

        - Any information that could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person; is obscene, pornographic or otherwise offensive; is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry; encourages any illegal activity including terrorism, incites racial hatred or hate crimes; is defamatory; involves the transmission of “spam"; contains any spy ware, adware, viruses, corrupt files or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information from Friendish or otherwise; itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights); shows another person which was created or distributed without that person’s consent; or incorporates the image or likeness of any individual under 18 years of age IS NOT PERMISSIBLE. Friendish again, has a no tolerance policy for such content.

7. Privacy

It is your responsibility to use discretion in sharing personal information of any kind with other users. Whatever you post and share with other users, you are liable and responsible for.

Disclaimer

Use at your own risk. We are not liable for any damages of any sort in any regard under any circumstance. You waive your right to sue or bring claim against Friendish app for any issue that may arise out of use or association with the app. In states or countries where this limitation is unenforceable, our combined liability amount in any claim will not exceed $100.00.

8. Member Content

+ All members of Friendish may share content via the App. Member content belongs to the user who posted the content and is stored on our servers and displayed through the app by the user providing the member content.

+ Users have no rights in relation to other users content, and you may only use other Friendish users' personal information to the extent that your use of it is in accordance with Fiendish’s purpose of allowing people to meet one another and become friends. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account and will if you misuse other users' information.

+ Member content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about member content, please see the Digital Millennium Copyright Act section below for more information.

9. Our Content

All content that is not explicitly submitted by users to the app belongs to Friendish App. This includes all app text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Friendish that are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Friendish App remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Friendish App content, without the right to sublicense, under the following conditions:

1. you shall not use, sell, modify, or distribute Friendish App content except as permitted by the functionality of the App;

2. you shall not use our name in metatags, keywords and/or hidden text;

3. you shall not create derivative works from Friendish app content or commercially exploit our content, in whole or in part, in any way; and

4. you shall use our content for lawful purposes only.

We reserve all other rights.

10. Restrictions

You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the 'Block & Report' link.

Replicating any part of the Friendish without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.

11. Privacy

For information about how Friendish App collects, uses, and shares your information, please check out our Privacy Policy. 

12. Disclaimer

All Friendish App content; including on our site and app are provided as is without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title or non-infringement.

In the event, the law doesn’t permit the afore mentioned exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. No information in any form shall create any warranty, representation or guarantee not stated here.

We do not guarantee that the app or site will operate uninterrupted, secure or error free or that use of the app or site will meet your expectations or that the app or site, any content, user content or otherwise is correct or reliable. Use the app at your own risk and you are responsible for your interactions on the app and your interactions with other users on the app and otherwise. Friendish App, LLC is not responsible for any conduct of any of its’ member users.

Additionally, Friendish App is not liable for damages, either indirect or direct in connection to use of the app or any interaction in or outside of app between users. If you are unhappy and dissatisfied with some element of the app you may discontinue use or report abuse or issues to us by contacting support@friendishapp.com

YOU WILL NOT, MAY NOT and SHALL NOT SUE FRIENDISH APP UNDER ANY CIRCUMSTANCES. FRIENDISH APP, LLC IS NOT LIABLE FOR ANYTHING THAT MAY HAPPEN TO YOU THROUGH USE OF THE APP OR IN CONNECTION WITH THE APP OUTSIDE OF DIRECT USE.

YOU WAIVE ALL CLAIMS ARISING OUT OF THE USE OF THE APP OR SITE

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

13. Indemnity

All the actions you make and information you post on Friendish are your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

1any negligent acts, omissions or willful misconduct by you;

2your access to and use of the app;

3the uploading or submission of content to the app by you;

4any breach of these terms by you; and/or

5your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim. 

14. Digital Millennium Copyright Act

Friendish App has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to: support@friendishapp.com

15. Misc

These terms, which we may amend from time to time, constitute the entire agreement between you and Friendish Corp. The terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

Friendish Corp has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Friendish and provides that information on an "as is", "as available" basis. Friendish Corp. does not give or make any warranty or representation of any kind about the information contained on Friendish, whether express or implied. Use of Friendish and the materials available on it is at your sole risk. Friendish Corp can not be held responsible for any loss arising from the transmission, use of data, or inaccurate user content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from Friendish is free of viruses or other harmful components. You accept that Friendishwill not be provided uninterrupted or error free, that defects may not be corrected or that Friendish Corp, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Friendish Corp is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

These terms are subject to change and we receive the right to modify, amend and/pr change the terms at any time. If we do amend these terms we will update the effective date found below with the most recent date of an amendment. In certain circumstances, we may send an email to you notifying you of a change. Please regularly check this page for notice of any changes.

Your continued use of Friendish following any amendment constitutes your acceptance of the amendment(s) and you will be legally bound by the new updated terms. If you do not accept any amendments to the terms, you should stop using Friendish immediately.

Almost Done..

If, for any reason, any of the terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the terms and the remainder of the terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

You represent and warrant that:

1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and

2. you are not listed on any U.S. Government list of prohibited or restricted parties.

By using the App, you agree and acknowledge that Friendish is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Friendish, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:

1. the availability or accuracy of such websites or resources; or

2. the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

16. About us

Your access to the App, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of the State of Delaware, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Delaware. By using the App, you are consenting to the exclusive jurisdiction of the courts of the United States and the State of Delaware. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.

Friendish Corp is registered in the state of Delaware, United States. Our registered address is P.O. Box 2221, Winter Park FL 32790.

Effective date

The Terms were last updated on: April 5, 2017