Last Modified: November 8, 2016
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, THE FRIENDLYNK APP AND ANY RELATED SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISOIN THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Company reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline of the Site or the Services, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site of the Services following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review this Agreement and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site and Services. If you do not agree to the amended terms, you must stop using the Site and the Services.
2. Age Restrictions
If you are not fourteen (14) years old or older, you may not use this Site of the Services. If you are fourteen (14) or older but under the age of majority in the country where you live, then you should obtain the consent of your parent or guardian prior to use of the Site of the Services. If you are a parent or guardian who has consented to your child’s use of the Site or the Services, then, to the fullest extent permitted by applicable law, you agree to accept full responsibility for that child’s use of the FriendLynk software and the Services, including all financial charges and legal liability that he or she may incur.
The Services are designed to permit others to visualize your location (i.e. that of your mobile device) on a map. It is also designed to provide you with the ability to know when you are broadcasting your location and with the ability to limit such broadcast. However, use of the Services may involve special risks associated with other persons knowing your location. You should only share such information with those that you trust. You should not endanger yourself or others by viewing a portable mobile device in situations in which you should be observing your surroundings, such as driving and operating mechanical devices.
4. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site or forwarded by the Company through the Services, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “FriendLynk Materials”) are the property of Company and are protected by copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and the Services. Such license is subject to this Agreement and does not include or authorize: (a) any resale or commercialization of the Site, the FriendLynk Materials or the content forwarded to you by the Services; (b) the distribution, public performance or public display of any FriendLynk Materials; (c) modifying or otherwise making any derivative uses of the Site or FriendLynk Materials, or any portion thereof; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the FriendLynk Materials or any information contained therein, except as expressly permitted by the Company; or (f) any use of the Site or the FriendLynk Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to any intellectual property rights. This license is revocable at any time.
5. Copyright Complaints
If you believe that any material on the Site or the Services infringes upon any copyright which you own or control, you may file a notification of such infringement at firstname.lastname@example.org. We may give notice of a claim of copyright infringement to our Users by means of a general notice on the Site or by electronic mail to a User’s email address in our records.
“FriendLynk”, the Company logo and any other product or service name or slogan contains on the Site or included in the Services are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “FriendLynk” or any other name, trademark or product or service name of Company without prior written permission. In addition, the look and feel of the Site and graphical user interface of the FriendLynk app, including, but not limited to, all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without the Company’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site or through the Services are the property of their respective owners.
7. Intellectual Property; License
The content, information, data, designs, code, and materials associated with the Services (”Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. Subject to this Agreement, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.
We may expressly authorize you to redistribute certain Content for personal, non-commercial use. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as email, blogs, or embedded players, or by producing Mash-Ups). We may revoke this service authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
You must obtain the Company’s written permission for commercial use of the Content or the Services. You may not license or sublicense Content without the Company’s approval.
8. Service Availability and Our Right to Terminate
The Company may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. The Company may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in the Company’s sole determination you violate any provision of this Agreement. Upon termination, you continue to be bound by this Agreement. You are responsible for all the mobile data usage resulting from the use of Services. You are solely responsible for your interactions with other Users. The Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
9. Third-Party Content
10. Disclaimers and Acknowledgements Regarding Use of Site Information
THIS SITE, THE FRIENDLYNK MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS ON THE SITE OR PROVIDED THROUGH THE SERVICES. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT FRIENDLYNK MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You should independently verify the accuracy of any information you obtain on the Site or through the Services before using it. You agree to be solely responsible for your use of the Content found on the Site, the FriendLynk Materials and the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY IS NOT RESPONSIBLE FOR ERROR OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE OR THROUGH THE SERVICES. WHILE THE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVICES, OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE, THE SERVICES OR THE FRIENDLYNK MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES.
12. Events and Gatherings
We may also offer to Users Services which enable our Users to discover and arrange to attend physical events or gatherings at venues such as sports arenas and stadiums, college campuses, public parks, private homes or private enterprises that include, but are not limited to, restaurants, bars, clubs, or retail stores. We do not supervise these events or gatherings and are not involved with any of the actions of the individuals at these events or gatherings. Accordingly, we have no control over the identity or actions of the individuals who are in attendance at these events or gatherings and request that you exercise caution and good judgment when attending these events or gatherings. You are solely responsible for determining if the event or gathering is safe. We do not conduct criminal, driving or other background checks of users and cannot determine if Users are suitable hosts or event attendees. There are risks associated with attending an event or gathering, including, without limitation, the failure of the host and its attendees to provide a safe atmosphere, abide by applicable laws, miscommunication regarding the details of the event or gathering, inappropriate or dangerous conduct on the part of the host or the other attendees that may result in personal injury, death, or property damage.
By registering to use the Services for events and gatherings, you represent and warrant that you meet any age eligibility requirements for the Services and agree to comply with the laws of the state in which the event or gathering occurs, including laws governing alcohol consumption.
Communications from Other Users
By using the Services, you understand and agree that you may receive communications from the creator, host or designee of the event or gathering or other Users of the Services. These communications will be relayed to you through the Services’ interface.
Because we do not supervise or control the events, gatherings or interactions between our Users and other persons, because we are not in any way involved with physical transportation to or from events or gatherings or with the actions of any individuals at such events or gatherings, because we cannot guarantee the true identity or age of our Users and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy or various aspects of the Services, you agree to bear all risk and to release us (and our officers, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and the hosts of any events or gatherings and their designees from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services, or resolution of any disputes among Users, and/or your transportation to or from, attendance at, or the actions of you or other persons at an event or gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
13. Obligations of Users
Without limiting any other provision in this Agreement, you may not use the Services to do the following or assist others to do the following:
Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racists, that promotes violence, racial hatred, or terrorism, or that the Company deems, in its sole discretion, to be otherwise objectionable;
Encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
Use robots or tools other than those provided by FriendLynk when using the Services to contact other Users;
Transmit files that contain viruses, spyware, adware, or other harmful code;
Advertise or promote goods or services without the Company’s permissions (including, without limitation, the sending of spam);
Interfere with others using the Services or otherwise disrupt the Services;
Transmit, collect, or access personally identifiable information about other Users without the consent of those Users and FriendLynk;
Engage in unauthorized spidering, “scraping”, or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
Defeat any access controls, access any portion of the Services that the Company has not authorized you to access, link to password-protected areas, attempt to access or use another User’s account or information, or allow anyone else to use your account or access credentials.
The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee 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.
15. Battery Usage
Use of the Services may require a significant amount of power from the battery of any device on which the Services are installed. While the Company does everything we can to keep this usage minimal, you may wish to limit your use of the Services to times when they are necessary or desired.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claim, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorney’s fees) arising out of or related to any Content you post, store, or otherwise transmit on or through the Site or the Services or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to t the Content, your conduct, your violation of this Agreement or your violation of the rights of any third party.
17. Governing Law, Venue, and Jurisdiction
This Agreement and your use of the Site and the Services shall be governed by and construed in accordance with the laws of the United States of America and the State of Colorado without resort to its conflict of law provisions.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts located in Denver, Colorado.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or this Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
The Company may elect to resolve any controversy or claim arising out of or relating to this Agreement or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Arbitration hearings will be held in Denver, Colorado and conducted in the English language. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
19. Questions & Contact Information
Questions or comments about the Site or the Services may be directed to the Company at the email address email@example.com.