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TERMS OF USE

 

Welcome to the Friends App Terms of Use. This is a contract between you and the Friends and we want you to know your and our rights before you use the Friends application (“Friends” or “App”). Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms (so probably best to read them first!).

This page states the terms and conditions (Terms) under which you may use this site. If you do not accept the Terms, you are not authorized to use this web site. By accessing or using this site, you agree to these Terms of Friends may change, revise or update the Terms at any time by updating this posting. You should visit this page periodically to review the Terms because they are binding on you. The terms “you” refers to all individuals or entities accessing this site for any reason.

 

  1. FRIENDS RULES

Before you can use the App, you will need to register for an account (“Account”). In order to create an Account you must:

  1. be at least 21 years old or the age of majority to legally enter into a contract under the laws of your home country;

  2. be legally permitted to use the App by the laws of your home country.

  3. agree to comply with this Agreement and all applicable local, state, national and international laws and regulations;

  4. have not been convicted of a felony or punishable offense (or a crime of similar gravity), a sexual offense or any crime of violence; are not required to register on any federal or state sex offender registry.

Unfortunately, we cannot allow you to use another person’s Account or to share your Account with any other person without permission.

After creating an account you have a free trial period. Within a free trial period you are supposed to use two roses and two requests. Premium consists of three types of subscriptions: one-month, three-month, six-month. There are ten requests, ten roses and four extra filters in each of subscription. They are differ only in continuance, the service is the same. After mutual matching there is a chat with dating agent who helps arrange a date. In the premium service package you are given ten roses. At the end of each month, all remaining roses disappear. Ten new roses are credited from the new month of use.

If you feel the need to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Contact us’ link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the App. Your profile information will be treated in accordance with our Privacy Policy. If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you.

 

2. TYPES OF CONTENT

There are three types of content that you will be able to access on the App:

  1. content that you upload and provide (“Customer’s Content”);

  2. content that members provide (“Member Content”);

  3. content that the CM Club provides (including, without limitation, database(s) and/or software) (“Our Content”).

We want our users to be able express themselves as much as possible and post all sorts of things on Friends, but we have to impose restrictions on certain content which:

  • contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);

  • is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);

  • is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);

  • encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;

  • is defamatory or libelous;

  • relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);

  • involves the transmission of “junk” mail or “spam”;

  • contains any spyware, adware, viruses, corrupt files, worm programs 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 whether from Friends 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;

  • is harmful to minors;

  • impersonates any other person, including falsely stating your name.

 

Customer’s Content

You are what you post. Your data is unique and only you are responsible for it.

You may not display any personal contact or banking information on your profile page whether in relation to you or any other person (for example, names, home addresses or zip codes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

As Friends is a public community, Customer’s Content will be visible to other users of the App all around the world instantly - so make sure you are comfortable to post it.  When you agree that Customer’s Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Friends Users). By uploading Customer’s Content on Friends, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Customer’s Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign the above license to our affiliates and successors without any further approval by you.

We do not have any obligation to store Customer’s Content - if it’s important, you should make a copy.

So that we can prevent the unconsented use of Customer’s Content by other members or third parties outside of Friends, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses.

Member Content

Other members of Friends will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

You do not have any rights in relation to other users’ Member Content, and you may only use other Friends users’ personal information to the extent that your use of it matches Friends’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

Our Content

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Friends , as well as the Friends software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

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

  1. you shall not use, sell, modify, or distribute Our 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 Our Content or scrape, disable, decompile, analyze or in any way 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.

 

 

3.RESTRICTIONS ON THE APP

You agree to:

  • comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;

  • use your real name and real age in creating your account and on your profile;

You agree that you will not:

  • act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;

  • misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;

  • disclose information that you do not have the consent to disclose;

  • stalk or harass any other user of the App;

  • create or operate a pyramid scheme, fraud or other similar practice;

  • develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Friends , or otherwise copy profiles and other data from the App.

 

You agree to release Friends from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. Dating agents are not liable for further actions after meeting customers in real life.

 

Scraping or replicating any part of the App 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.

 

4. PRIVACY

For information about how the Friends collects, uses, and shares your personal data, please check out our Privacy Policy.

 

5. PAYMENT TERMS

Generally Friends may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Subscriptions and Auto-Renewal: 

Friends offers services as renewing subscriptions: a one-month subscription, three-month subscription, or six-month subscription (“Premium Services”). If you purchase a renewing subscription, your subscription will renew at the end of the expiring date, unless you cancel, at Friends App then-current price for such subscriptions. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Friends changes these prices and you do not cancel your subscription, you agree that you will be charged at Friends then-current pricing for subscription.

Cancelling Subscriptions

If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription.

 

Free Trials

If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Your trial period renews every single month unless you buy “Premium”. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial on Friends through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.

 

Taxes

The payments  do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If Friends determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Friends will collect such Sales Tax in addition to the payments required under this Section 5. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Friends, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

 

6. VIRTUAL ITEMS

Friends provides you with virtual items such as hearts and filters. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your license to access Virtual Items. Virtual Items do not incur fees for non-use. Virtual Items terminate at the end of each of your subscription periods either you have used it or not.  You acknowledge that Friends is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items. Your access to Virtual Items gained through subscriptions may also end if you cancel your subscription. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

 

7. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES

We may provide you with sms, emails, text messages, push notifications, alerts and other messages related to the App, such as enhancements, offers, products, events and arrangements of dating agent. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device.

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device.

 

8. DISCLAIMER

Intellectual Property. You acknowledge and agree that all content and materials available on the App are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

 

9. LIMITATION OF LIABILITY

We may assign this contract for operational reasons. Otherwise, this contract is non-transferable. Nothing in this Agreement is intended to nor shall it confer rights on any third party. We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data and we endeavor to take all reasonable steps to protect your personal information.

 

10. Indemnity

You agree to defend and hold Friends from any claims, demands and liabilities, and to indemnify for damages, costs and expenses, including attorneys' fees arising from or related in any way to your access to or use of the Service, your Content, or your violation of this Terms of Use.

 

11. Procedure for claims of copyright infringement

If you believe that your work has been copied and posted on the Service in a manner that constitutes copyright infringement you may contact us about a suspected copyright infringement, be sure to include the following information:

  • an electronic or physical signature of a person authorized to act on behalf of the copyright owner;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of the location of the infringing content on the Service (such a description must be detailed enough to enable us to locate the infringing content);

  • your contact details, including address, telephone number and e-mail address, as well as information about the identity of the copyright holder;

  • a written statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement made by you 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.

 

12. THIRD PARTY APP STORE

The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

  1. These Terms are concluded solely between you and the Friends and not with the providers of the Third Party Store, and the Friends (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.

  2. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The Friends is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Friends.

  3. Friends, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; claims arising under consumer protection or similar legislation; and/or  intellectual property infringement claims.

  4. The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

 

13. DISPUTE RESOLUTION.

Any and all controversies and disputes that may arise out of the Agreement shall be solved by negotiations between the Parties. If any dispute may not be solved by negotiations, the Parties shall refer such dispute to the competent court of Florida State, always provided that a Party shall first send a written claim to the other Party seeking for pre-trial solving of the dispute. If the Customer refuses to make payment for the services of Company under the Agreement, Company shall be entitled to indemnification of the damage incurred due to such refusal through the competent bodies at the Customer’s place of residence. In such case, all expenses related to such proceedings at the Customer’s place of residence, including the cost of retaining of attorneys, translators, interpreters, their trips and accommodation, shall be charged to the Customer.

Except for infringement of Company’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that, where allowed by applicable laws, any dispute or claim in law or equity arising between them regarding the use of this App or these Terms of Use, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Miami Beach, Florida. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Florida. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS APP.

 

14. TERMINATION AND REMEDIES

CM Club may terminate your membership in the following circumstances where: (a)You have breached the confidentiality clause in these terms and conditions, (b)you have acted inappropriately or shown an unacceptable level of discourtesy or harassment to dating agent or any other member of our Company,(c) you have failed to maintain contact with us or not responded to our contact for a period of time in excess of 6 months, (d) you have provided false information to us, (e) we have received a serious complaint about you which in the sole opinion of our Managing Director, is justified, (f) your personal details or preferences have changed significantly; it includes a change in your sexual orientation, the acquisition of a criminal record or other significant changes such as relocation or contact information change, which will significantly adversely impact on our ability to offer the service to you. For the avoidance of doubt, in the event of a termination of this contract no refund will be applicable unless we have breached these terms and conditions or your Consumer rights.

 

15. GOVERNING LAW AND FORUM.

Your access to the App, Our Content, and any Member Content, any claims arising from or related to your relationship with the CM Club, and these Terms are governed and interpreted by the laws of Florida, USA. All claims arising out of or relating to these Terms and/or your relationship with the Friends that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts of Florida. You agree that such courts shall have personal 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.

 

16. The Friends.

The Terms constitute a binding legal agreement between you as user (“you”) and the Friends (“we” or “us”). The Friends includes, but is not limited to Choice Marriage LLC (a limited liability company).

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