Terms of Service
Frienzzup is licensed under the standard terms of the Apple AppStore APPLICATION END USER LICENSE AGREEMENT.
LICENSED APPLICATION END USER LICENSE AGREEMENT
The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor ("Miazo Holding Company; Frienzzup") reserves all rights not expressly granted to You. The Product that is subject to this license "Frienzzup Application", is referred to in this license as the "Licensed Application."
a. Scope of License
This license granted to You for the Licensed Application by Frienzzup is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules"). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Frienzzup and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Frienzzup that replace and/ or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
To access and use the Licensed Application, you must (i) have an email address; and/or a mobile device that can send and receive data messaging; and access to the World Wide Web, and (ii) be of legal drinking age in your country of residence or older. By using the Licensed Application, you represent and warrant that you are of sufficient legal age to agree to all of these Terms of Service. Rights to access and/or use the Licensed Application are void where prohibited.
d. Consent to Use of Data
You agree that Frienzzup may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Frienzzup may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
e. Your Content, Profile and Usage Information
Frienzzup does not claim any ownership rights in the text, files, images, photos, video, sounds or musical works, or any other copyrighted materials (collectively, "Content") that you post, or otherwise make available on or through the Licensed Application. After posting your Content, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing any Content through the Licensed Application, you hereby grant to Frienzzup a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licenseable, transferable, worldwide, limited license ñ with the right to enforce this license against third parties ñ to use, modify, prepare derivative works of, publicly perform, publicly display, reproduce, and distribute such Content through the Licensed Application and/or in connection with Frienzzup business. You further grant Frienzzup a non-exclusive, royalty-free, perpetual right to use the profile information you provide to Frienzzup, and all other information regarding your use of the Licensed Application, for any lawful purpose, including without limitation for marketing and advertising purposes. You are solely responsible for the Content that you post on the Licensed Application, any material or information that you transmit to others, and your interactions with others. You represent and warrant that: (i) you own the Content posted by you on the Licensed Application or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on the Licensed Application does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you on the Licensed Application.
f. Unacceptable Content and Conduct
You agree to not use the Licensed Application to: intentionally or unintentionally violate any applicable local, state, national or international law; upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another person's privacy, hateful, or racially, ethnically or otherwise objectionable; "stalk" or otherwise harass another person or harm any persons or entities in any way; impersonate any person or entity, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Licensed Application; upload, post, email, transmit or otherwise make available any content that you do not have a right to make available; make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; make available any unsolicited commercial communications or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are designated for such purpose; interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Licensed Application, "overloading", "flooding", "spamming", "mail bombing" or "crashing"; access content or data not intended for you, or log onto a server or account that you are not authorized to access; attempt to probe, scan or test the vulnerability of the Licensed Application or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Licensed Application or servers or networks connected to the Licensed Application, or disobey any requirements, procedures, policies or regulations of networks connected to Licensed Application; attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by Frienzzup or used by Frienzzup; extract or attempt to extract, in a substantial, repeated or other manner, content and data from the Licensed Application, in a way that is inconsistent with the regular envisaged use of the Licensed Application; using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.); or collect or store personal data about other users, other than within the context of the normal and envisaged use of Licensed Application. We do not actively monitor the use of the Licensed Application under normal circumstances. Similarly we do not exercise editorial control or review over the content of this or any other web site, or other material created or accessible over or through the Licensed Application. If at any time we choose, in our sole discretion, to monitor the Licensed Application, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any third party submitting or using any such Content. However, we may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Frienzzup or Licensed Application to liability or may violate these Terms of Service. Frienzzup intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws or regulations. By using the Licensed Application, you release Frienzzup from any liability stemming from Frienzzu's cooperation with local and relevant country law enforcement officials or agencies. You acknowledge that Frienzzup reserves the right to change its general practices and limits on the use of the Licensed Application at any time, in its sole discretion, with or without notice. Frienzzup may take any one or more of the following actions, or other actions not listed, at Frienzzup' sole discretion in response to violations of Frienzzup' policies: (i) issue warnings: written or verbal; (ii) suspend your account with immediate effect; (iii) terminate your account with immediate effect, and refuse you a new account in the future; (iv) bill you for administrative costs; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by such violations.
The license is effective until terminated by You or Frienzzup. Your rights under this license will terminate automatically without notice from Frienzzup if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
h. Services and Third Party Materials
The Licensed Application may enable access to Frienzzup's and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Frienzzup shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Frienzzup is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Frienzzup does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Frienzzup, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. Frienzzup makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Frienzzup, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Frienzzup be liable for the removal of or disabling of access to any such Services. Frienzzup may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
i. Service Maintenance
Frienzzup may, from time to time, need to interrupt its Licensed Application service for maintenance and other operational reasons, and you shall not receive any compensation or refund for such interruptions.
j. Costs of Communication and Other Cost
You may incur costs on your side in accessing the Licensed Application, such as for Internet access, voice and data transmission, or other telecommunications and associated charges. You agree to bear your own costs incurred in accessing the Licensed Application.
k. Warranty Disclaimer
Because of situations beyond the control of Frienzzup, Frienzzup cannot guarantee that the Licensed Application will be available to you or that messages which are intended to be sent and delivered are sent and/or delivered. Frienzzup does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By accessing the Licensed Application, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Licensed Application. You also accept liability for any of your actions while accessing the Licensed Application. This includes, but is not limited to, sending of unsolicited commercial communications, including email. You further expressly understand and agree that your use of the licensed application is at your sole risk. The licensed application is provided on an "as is" and "as available" basis. You expressly understand and agree that the exchange of information with any person that you may exchange information with is done at your own risk and that Frienzzup makes no representations that individuals using its service are whom they purport to be. You agree to take all reasonable precautions in exchanging data with strangers and you further acknowledge that you understand the risks associated with meeting people over the internet or through your mobile device and with disclosing your location to others. You expressly acknowledge that there are security, privacy and confidentiality risks inherent in wireless communications and technology and Frienzzup does not make any assurances or warranties relating to such risks. Content posted through the licensed application will contain unedited content, some of which may be sexually explicit or may be offensive to you. Frienzzup has no control over and accepts no responsibility for such content. You assume full responsibility and risk for use of the licensed application and the internet and are solely responsible for evaluating the accuracy and completeness of information you receive through the licensed application. You expressly understand and agree that, except as required by applicable law, Frienzzup shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising in connection with the licensed application.
You agree to indemnify, defend and hold harmless Frienzzup, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from your use of the Licensed Application, your violation of these Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Frienzzup will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Service will inure to the benefit of Frienzzup's successors, assigns and licensees.
m. General Term
You hereby give your approval for the assignment or transfer by Frienzzup of your agreement with Frienzzup, including any rights or obligations in relation to the Licensed Application or to the Content (insofar granted under these Terms of Service). You may not assign or transfer your agreement with Frienzzup, or any rights or obligations that you may have against Frienzzup associated therewith, or with the Licensed Application.
This version (1.0), March 2011.