FriendOnymos
Last updated: Jun. 11, 2015
Welcome to FriendOnymos!
These Terms are a legal contract, and is worded so. The intent is to ensure a fun, trusted environment where friends communicate freely with each other, and continue remaining great friends. Be a good friend, following the great ideals of Friendship, and use common sense to make this an awesome experience for your friends and yourself.
This FriendOnymos.com website, FriendOnymos applications (including mobile applications), notifications, and services (collectively, the "
By accessing, or using these Services provided by Company and our affiliates ("
There may be times when we offer additional features, products and/or services that has its own terms and conditions that apply in addition to these Terms. In such cases, those additional terms become part of your agreement with us if you use those Services.
You are responsible for your access to or use of the Services, for any data, information, text, files, images, graphics, illustrations, photos, audio and video clips, sounds, musical works, works of authorship, applications, links or other materials (the "
You are responsible for any activity that occurs through your account and you agree you will keep your account access private, secure and safe, and you will not sell, transfer, license or assign your account. You agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided upon registration and/or Sign up and at all other times will be true, accurate, current and complete and you agree to update your information in a timely manner as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the access credentials of other users.
You agree that you will not solicit, collect or use other user's content or information, using automated means without the Company's prior written permission.
You may use the Services only if you are fully able, competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth on these Terms, and to abide by and comply with these Terms.
You may use the Services only if you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
You affirm that you have not been previously suspended or removed from the Services and do not have more than one account in the Services.
The Company Privacy Policy is incorporated into these Terms. Any information that you or other users provide is subject to our Privacy Policy, which governs our collection and use of your Content. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Company. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and to implement your privacy settings. However, the Company does not guarantee or warrant that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Services allow users to create, post, transmit and/or store Content (the "
Without limiting the foregoing, when you submit User Content to the Services, you agree that the User Content License accords the Company the right to sublicense such User Content to other companies, organizations, or individuals in connection with the syndication, broadcast, distribution, promotion, or publication in any and all media or distribution methods, now known or later developed. No use of User Content, in accordance with the User Content License shall entitle you to any compensation from the Company, or any other companies, organizations, or individuals.
In connection with your User Content, you affirm, represent and warrant the following:
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You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person's name or likeness in the manner contemplated by the Services and these Terms, and each such person has released you from any liability that may arise in relation to such use.
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You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
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Your User Content and Company's use thereof as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
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Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
The Services are also made available for access to and use on a mobile device, via Mobile Application. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. The Company does not warrant that the Mobile Application will be compatible with your mobile device.
You may use mobile data in connection with the Mobile Application and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.The Company hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.
You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.
You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades.
Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and the Company and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement.
The following additional terms and conditions apply to any Mobile Application that the Company provides you designed for use on an Apple iOS-powered mobile device (an "
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You acknowledge that these Terms are solely between you and the Company, and not with Apple Inc. ("
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Your use of the Services' iOS App must comply with Apple's then-current App Store Terms of Service.
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The Company, and not Apple, is solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
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You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App and/or use of our iOS App.
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You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
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You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
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You agree to comply with all applicable third-party terms of agreement when using our iOS App.
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The parties agree that Apple and Apple's subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the Company's iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that the Company provides you designed for use on an Android-powered mobile device (an "
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You acknowledge that these Terms are between you and the Company only, and not with Google Inc. ("
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Your use of the Services' Android App must comply with Google's then-current Android Market Terms of Service.
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Google is only a provider of the Android Market where you obtained the Android App. The Company, and not Google, is solely responsible for the Services' Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to the Company's Android App or these Terms.
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You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the Service's Android App.
You many choose to receive notifications from the Services via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
The Company respects the intellectual property rights of others and we ask you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. In accordance with applicable laws, we strive to expeditiously remove any infringing material from our Services. We reserve the right to remove any Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, any data, information, text, files, images, graphics, illustrations, photos, audio and video clips, sounds, musical works, works of authorship, applications, software, logos, patents, trademarks, trade names, trade secrets, service marks, copyrights, links or other materials, and User Content belonging to other Users (the "
You agree that any feedback, comments, suggestions, ideas, or other information or materials (collectively, "
Without limiting other restrictions outlined in these Terms, you agree that:
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You will not use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms.
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You will not access the Services by means other than those permitted by the Company.
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You will not attempt in any manner to interfere with, disrupt, negatively affect, or inhibit other users from accessing, using or fully enjoying the Services, or damage, disable, overburden, or impair the functioning of the Services or the Company's operating of the Services.
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You will not compromise the security of the Services.
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You will not use the Services to do anything misleading, malicious, discriminatory or unlawful.
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You will not change, modify, adapt or alter the Services or change, modify, or alter another website, mobile application, application, or service so as to falsely imply that it is associated with the Company's Services or the Company.
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You will not attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so.
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You will not send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials.
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You will not use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or extract data.
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You will not reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services.
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You will not use or attempt to use another user's account.
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You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
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You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information in or via the Services, including, without limitation, your or any other person's financial information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
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You will not post Content that is hate speech, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence.
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You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
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You will not violate the publicity, privacy, or data-protection rights of others.
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You will not infringe any logo, patent, trademark, trade name, trade secret, service mark, copyright, or other intellectual or proprietary right of any party.
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You will not buy, sell, rent, lease, loan, or otherwise offer in exchange for any compensation, access to your account.
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You will not develop any third-party applications that interact with the Content or the Services without our prior written consent.
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You will not encourage, promote or facilitate any violation of these Terms.
By agreeing to these Terms you agree to indemnify, defend, and hold harmless the Company, any of the subsidiaries, shareholders, employees, managers, officers, affiliates, associates, licensors, suppliers, and/or agents (collectively, the "
The Company is based in the United States, and the Services are hosted in the United States. Users from outside of the United States, are hereby advised that YOU ARE TRANSFERRING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO SUCH TRANSFER. Please be advised that laws or regulations governing personal data collection, use and disclosure outside of the United States might be different from United States laws, and your continuing usage of the Services are governed by United States law. IF YOU USE THE SERVICES OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR FOLLOWING APPLICABLE LOCAL LAWS.
The Services are provided on an "
Neither the Company, nor the Company entities, MAKE ANY REPRESENTATION OR WARRANTY OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, as to the Service, its content, security of data and/or information at-rest or being transmitted to, from or via the Service.
Without limiting the foregoing, THE COMPANY ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR a) completeness, availability, accuracy, reliability, timeliness, security of the Services or any content; b) the Services to be available at any particular time or location, uninterrupted or secure; c) the Services to be free of any defects or errors will be corrected; d) the Services to be free of harmful content (including but not limited to viruses, spyware, or malware), that might cause harm to your computer systems, mobile devices, equipment, and/or other components; e) loss of data that results from your access to or use of the Services or any content; f) the deletion of, or the storage or continued storage of, or the failure to delete, store or transmit any content and communication maintained by the Services.
The Services may contain links to third-party websites, features or resources. There may also be links to third-party websites, features or resources in comments, images, data, information or other content within the Services. The Services also include third-party content that we do not control, maintain or endorse. THE COMPANY ENTITIES DO NOT IMPLY ANY ENDORSEMENT OF ANY THIRD-PARTY WEBSITES, FEATURES OR RESOURCES. You acknowledge that Company entities are not responsible or liable for such third-party websites, features or resources or the content, services or products from such third-party websites, features or resources. YOU ACKNOWLEDGE SOLE RESPONSIBILITY AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH THIRD-PARTY WEBSITE, FEATURES, RESOURCES OR CONTENT.
THE COMPANY ENTITIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
In such jurisdictions that do not allow for the exclusion of implied warranties or limitations, we exclude all warranties to the maximum extent as allowed by applicable law.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION YOU ACCESS TO OR USE THE SERVICES.
Except where prohibited by law, under no circumstances will the Company entities be liable to you or any third-party for indirect, economic, exemplary, special, punitive, incidental, or consequential loss or damage of any kind or any loss of profits or revenues or data.
Except where prohibited by law, the Company entities are not liable for any a) errors, omissions, mistakes, or inaccuracies in the Services or its content; b) personal injury or property damage; c) unauthorized access to or use of data or information in the Company's control; d) inability to use, interruption or performance degradation or failure of the Services; e) damage to user's computer, mobile device, equipment and/or other components including, without limitation, damage from any security breach or from any virus, malware, trojan horses, bugs, tampering, defect, or the like; f) conduct or content of any third-party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of users or third-parties; g) action taken in connection with an investigation by the Company entities or law enforcement authorities regarding your or any other party's use of the Services; h) action taken in connection with copyright or other intellectual property matters; even if the Company entities have been advised of or should have known of the possibility of such loss or damage.
The limitation of liability section shall apply to any theory of liability, whether the alleged liability is based on contract, tort (including negligence), strict liability, or otherwise, and whether or not the Company entities have been advised of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree that in the event you incur any damages, losses or injuries that arise out of the Company's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the Company entities, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, service, property, product or other content owned or controlled by the Company entities.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
By accessing and/or using the Services, you understand that you maybe waiving some rights with respects to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read understand, and hereby expressly waive, the benefits of § 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: "A General release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
In no event shall the aggregate liability of the Company entities for any claims, proceedings, liabilities, obligations, damages, losses or costs exceed the amount paid by you, if any, during the six (6) months preceding the date of the claim or one hundred United States dollars ($100.00), whichever is greater.
Except where prohibited by law, you agree that any claim you may have arising out of or related to your relationship with the access to or use of the Services, must be filed within one year after such claim arose; otherwise, you claim is permanently barred.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
We are here to make access to and use of the Services an enjoyable experience for you and all users. Please use our Support for any concerns you might have. This provision facilitates the prompt and efficient resolution of any claim or dispute that may arise between you and the Company.
For any dispute or claim, you agree to first give the Company an opportunity to resolve the dispute or claim. You agree to commence this process by contacting and using the Company Support and notifying of your intent to proceed with an arbitration. That notification must include 1) your name, 2) your address, 3) your phone number, 4) detailed description of your Claim, and 5) detailed description of the specific relief you seek. In the unlikely event of the Company not resolving the dispute within sixty (60) days after it receives the notification, you may then pursue your dispute in arbitration.
All claims and disputes in connection with the Terms or the use of the Services provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms ("
If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
The arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in San Mateo County, California.
No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in San Mateo County, California, for such purpose.
This Arbitration Agreement will survive the termination of your relationship with the Company.
This agreement, and any rights and licenses granted, may not be transferred or assigned by you, but maybe assigned by the Company without any restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any of the Terms shall be deemed a further or continued waiver of such term or any other term, and Company's failure to assert any right or provision shall not constitute a waiver of such right or provision. If you do not comply with these Terms and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms to the minimum extent necessary and shall not affect the validity and enforceability of any remaining provisions.
A lawsuit, if any, by you or the Company against the other will occur in state or federal court in San Mateo County, California. You and the Company agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and the Company will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction and WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
We reserve the right to modify or terminate the Services or your access to or your use of the Services for any reason, without notice, at any time, and without liability to you. If your access to or your use of the Services is terminated, your Content may still persist and be available within the Services.
Upon Termination, all licenses and other rights granted to you will immediately cease.
We reserve the right to force forfeiture of, delete, or change your access credentials, including but not limited to your username, at any time for any reason.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and the Company. These Terms do no create or confer any third-party beneficiary rights. We reserve the right, in our sole discretion, to change or modify these Terms at any time, the most current version of which will be available at friendonymos.com/terms. By continuing to access or use the Services, after those revisions become effective, you agree to be bound by the revised Terms. You should review these Terms frequently to ensure you understand the Terms that apply to your access and use of the Services. If you do not agree to the amended Terms, you must stop using the Services immediately.