Welcome to FriendlyMony, operated by Six87 Communications (“us”, “we,” “Our” the “Company” or “FriendlyMony”).
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The latest version of this Agreement will be posted on the Service under Settings and also on www.friendlymony.com, and you should regularly check for the same.If the changes include material changes that affect your rights or obligations, we will notify you by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with FriendlyMony, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
You must be at least 18 years of age or older to create an account on FriendlyMony and use its Service. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with FriendlyMony,
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Your Account.
You are fully responsible for maintaining the confidentiality of your login credentials you use to sign up for FriendlyMony, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please let us know immediately by contacting us.
4. Service modification and Termination.
FriendlyMony always strives to improve the Service and bring you additional functionality that you will find engaging and useful. So,we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may Cancel your account at any time, for any reason without giving any explanation, by following the instructions in “Settings” in the Service, however if you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing.
FriendlyMony may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you : Section 4, Section 5, and Sections 11 through 15.
5. Safety; Your Interactions with Other Users.
Though FriendlyMony strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow FriendlyMony’s Safety Tips prior to using its service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT FRIENDLYMONY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. FRIENDLYMONY RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT FRINDLYMONY MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
6. What Rights FriendlyMony Grants You.
FriendlyMony grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the our service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by FrindlyMony and permitted by this Agreement. So, you agree not to:
use the Service or any content contained in the Service for any commercial purposes without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without our prior written consent.
express or imply that any statements you make are endorsed by FrienlyMony.
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
upload viruses or other malicious code or otherwise compromise the security of the Service.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
“frame” or “mirror” any part of the Service without FriendlyMony’s prior written permission.
use meta tags or code or other devices containing any reference to FriendlyMony or the Service (or any trademark, trade name, service mark, logo or slogan of FriendlyMony) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
use, access, or publish the FriendlyMony application programming interface without our written consent.
probe, scan or test the vulnerability of our Service or any system or network.
encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. What Rights you Grant to FriendlyMony
By creating an account, you grant to FriendlyMony a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content shall be non-exclusive, except that our license shall be exclusive with respect to derivative works created through use of the Service. For example, We would have an exclusive license to screenshots of the Service that include your Content. In addition, so that we can prevent the use of your Content outside of the Service, you authorize us to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other FriendlyMony users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to FriendlyMony.
You understand and agree that we may monitor or review any Content you post as part of our Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of our Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for FriendlyMony allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback regarding our Service, you agree that we may use and share such feedback for any purpose without compensating you.
You agree that may FriendlyMony may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules.
By using our Service, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
use the Service for any harmful or nefarious purpose.
use the Service in order to damage our reputations.
Violate our community guideline as updated from time to time.
spam, solicit money from or defraud any users.
impersonate any person or entity or post any images of another person without his or her permission.
bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
use another user’s account, share an account with another user, or maintain more than one account.
create another account if we have already terminated your account, unless you have our permission.
FriendlyMony reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that we regard as inappropriate or unlawful, including actions or communications that occur on or off the Service.
9. Other Users’ Content.
Although FriendlyMony reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and we cannot guarantee that all Content will comply with this agreement. If you see Content on the Service that violates this agreement, please report it within the Service or through the Contact us form.
10. Paid Memberships.
Generally. FriendlyMony may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, or other payment platforms authorized by FriendlyMony. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize us or the third party account, as applicable, to charge you.
Auto-Renewal. If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Account Settings on FriendlyMony) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the FriendlyMony application from your device.Deleting your account on FriendlyMony or deleting the FriendlyMony application from your device does not cancel your subscription; FriendlyMony will retain all funds charged to your Payment Method until you cancel your subscription on FriendlyMony or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You may edit your Payment Method information from the account setting of the Service making the auto-renewal OFF/ON. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Boosts and Other Virtual Items. You can purchase, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” including but not limited to Boosts and Crushes (collectively, “Virtual Items”). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when FriendlyMony ceases providing the Service or your account is otherwise closed or terminated. FriendlyMony, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. We may manage, regulate, control, modify or eliminate Virtual Items at any time. We shall have no liability to you or any third party in the event that we exercise any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT FRIENDLYMONY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds. When you pay FriendlyMony for any paid plans or for any virtual items, you agree to get zero refund amount on all purchases irrespective of the mode of payment. ALL PURCHASES ON OUR PLATFORM ARE NON-REFUNDABLE and there are no refunds or credits for partially used periods.
FRIENDLYMONY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FRIENDLYMONY DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
FRIENDLYMONY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
FRIENDLYMONY DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.
12. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources.FriendlyMony is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. We are not responsible or liable for such third parties’ terms or actions.
13. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRIENDLYMONY, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 13 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. DISPUTES IF ANY WILL BE HANDLED AS PER THE INDIAN LAWS AND ITS JUDGEMENT WILL BE FINAL AND BINDING TO ALL.
14. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless FriendlyMony, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
15. Entire Agreement; Other.