friended

Terms of Service

FRIENDED TERMS OF USE
Welcome to Friended from Foundermark, Inc. (“Friended,” “we,” “us,” or “our”) operates the app Friended (the “App”) as well as a number of related services, including our mobile application (collectively, the “Services”). The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us, whether or not you only register as a “Member” or subscribe to particular features of the App as a “Subscriber”, where "you" or “your” refers to the person accessing or using the App or Services.

The focus of our App and Service is to let You answer questions that are used to connect you with like-minded people to chat with.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE APP OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS APP. If You do not agree to all of these terms, our lawyers are unwilling to let us provide You with the App or Services, and You have to cease access to the App and Services immediately. And, just so we get this out of the way early . . . Your use of the App or any other Friended software licensed through a third party distributor such as the Apple iTunes Store, Android Market or BlackBerry App World is also governed by the applicable current end user license agreement which is made available through the third party distributor with the understanding that if there is a conflict between any provision in these Terms of Use and the end user license agreement, the conflicting provision in these Terms of Use will prevail.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the App, and in any event your continued use of the App following the posting of changes to these Terms of Use constitutes your acceptance of any changes. 

1. USERS. You currently may become a member of Friended (“Member”) for free. Certain areas of the App or Services, including, but not limited to, chatting, posting or answering questions through the Services, may be restricted to Subscribers only. In the event you provide us with information on the App or Services, you agree to only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the App or Services (or any portion thereof). Members agree not to attempt to access Subscriber areas of the App. 

By using our app, you agree to receive periodic SMS messages for purposes such as new message notifications, account updates, and other information related to your use of the app. You can opt-out of receiving these messages at any time by following the instructions provided in the messages or by adjusting your preferences in the app settings. Standard messaging rates may apply.

a. Top Users. We may list certain Members and/or award designations based on the volume and/or types of Content they provide on the App. Any such listing or designation is in our sole discretion, and we reserve the right to revoke such status or designation at any time.

2. MEMBERSHIP. To become a Member, you must log-in through Facebook which provides your “Account Credentials”, which you may not transfer to or share with any third parties. If someone accesses our App or Services using your Account Credentials, we will rely on those Account Credentials and will assume that it is really you or your representative who is accessing the App and Services. You are solely responsible for any and all use of your Account Credentials and all activities that occur under or in connection with your Account Credentials. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the App and your Account Credentials, including without limitation terminating your access, changing your password, or requesting additional information to authorize activities related to your Account Credentials. You agree to be responsible for any act or omission of any users that access the App or Services under your Account Credentials that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event and under no circumstances will Friended be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Friended under this provision, (ii) any compromise of the confidentiality of your Account Credentials, and (iii) any unauthorized access to or use of your Account Credentials. Please notify us immediately if you become aware that your Account Credentials are being used without authorization.

3. SUBSCRIPTIONS. The app is free to download and use. We currently offer optional subscription packages. Prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice.

Please note that with all subscriptions:
 - Payment will be charged to your iTunes Account at confirmation of purchase
- Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
- Your account will be charged for renewal within 24-hours prior to the end of the current period at the then current 1-month subscription cost.
- You can manage subscriptions and turn off auto-renewal by accessing your Account Settings after purchase.
- You cannot cancel the current subscription during the active subscription period.
- Any unused portion of a free trial period, if offered, will be forfeited if you purchase a subscription to that package.

4. OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the App or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the App according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the App or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Friended or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the App or Services will be governed by such third parties’ licenses and not by these Terms of Use. 

5. RULES REGARDING CONTENT. When you access the App and/or Services, you obtain access to various kinds of information and materials, all of which we call “Content.” Most Content comes in various forms including, but not exclusive to posts, messages, photos, and replies that You or other Members contribute through the Services.

You will be entirely responsible for each individual item of Content that you post on the App, whether it is a photo, a message, a question or an answer.  Content from Friended, users, and 3rd parties including, but not limited to, messages, posts, personality tests and results, guess me game, education, alerts on the website, app, email or any other form of communication is for entertainment purposes only.

For us to do what we do, you agree to grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to that Content. You agree that any such Content or any derivative works thereof may be disseminated, distributed, publicly displayed (including social media or in advertisements placed on any media), reproduced, used, sublicensed, posted, or published by us (with or without attribution to you), and searched, displayed, printed or otherwise used or exploited by our customers or partners. To the extent you include personally identifiable information in your Content, we will not be liable for such disclosure. You represent and warrant that you will not post or use any Content in any manner that: 
• Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; 
• Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
• Is false or inaccurate or becomes false or inaccurate at any time;
• Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
• Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
• Misrepresents your identity in any way;
• Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, bots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Advocates or encourages any illegal activity; or
• Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

You may report violation of these Terms of Use to us pursuant to Section 22. We reserve the right (but have no obligation) to review any Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate or we suspect that you are violating this Section or any other provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying your Content, terminating your Account, and/or reporting you to law enforcement authorities. We may not always be able to enforce these rules and you may be exposed through the App or Services to Content that violates our policies or is otherwise offensive. You access the App and Services at your own risk. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the App or through the Services whether it violates our content policies or not.  

All of the foregoing disclaimers apply to any Content posted on the Services by Members. In no event will we take any responsibility for any Content provided by a Member, and we make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility or liability for, the quality, content, nature or reliability of any Content provided by any Member or any opinion, recommendation, or advice expressed therein.

6. GENERAL RULES OF USER CONDUCT. It is our goal to make access to our App and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not:
• Upload, submit or write any objectionable content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
• Use the service for any commercial purposes (market research, advertising, etc.) unless approved in advance.
• Use, reproduce, duplicate, copy, sell, resell or exploit: (a) any portion of the App or Services; (b) your use of the App or Services, or (c) your access to the App or Services, in each case for any purpose other than for which the App or Services are being provided to you;
• Conduct or promote any illegal activities while using the App or Services; 
• Upload, distribute or print anything that may be harmful to minors;
• Attempt to reverse engineer or jeopardize the correct functioning of the App, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the App;
• Attempt to gain access to secured portions of the App or Services to which you do not possess access rights; 
• Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; 
• Use the App or Services to generate unsolicited email advertisements or spam;
• Use the App or Services to stalk, harass or harm another individual; 
• Take any action that may undermine the feedback or ratings systems;
• Use any high volume automatic, electronic or manual process to access, search or harvest information from the App or Services (including without limitation robots, spiders or scripts); 
• Interfere in any way with the proper functioning of the App and Services or interfere with or disrupt any servers or networks connected to the App or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the App or Services; 
• Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the App or the Content contained on any such web page for commercial use without our prior express written permission;
• Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
• Mirror or frame the App or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

Do not use the Services to solicit or facilitate any transaction or gift involving certain goods and services, which include:
• Firearms, ammunition or explosives;
• Drugs, including alcohol and tobacco, or any controlled substances (except advertisements placed in accordance with our advertising policy);
• Paid services involving physical sexual contact;
• Stolen goods;
• Personal information;
• Falsified official documents or currency.

Friended is not intended to be used as a marketplace and takes no responsibility for any transactions individual users might decide to undertake in spite of this. Friended is not a party to any offline arrangements made through our Services. We do not conduct or require background checks on Members, and do not attempt to verify the truth or accuracy of statements made by Members. We make no representations or warranties concerning the conduct or Content of any Members or their interactions with you. Always remember: you are dealing with strangers on the internet.

7. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the App or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Services or create new Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the App or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

8. SOCIAL NETWORKS. In using certain Services, you authorize us to act on your behalf to access and interact with social networking Apps such as Facebook, Snapchat and Twitter (any such App, a “SN App”) to retrieve information from, and/or submit information to, such SN Apps at your request. We will not collect your username and password, and we will instead store the unique authorization code (or a “token”) provided to us by the SN App to access it on your behalf. You can revoke our access to an SN App at any time by amending the appropriate settings from within your account settings on that App. You should note that an SN App may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our Services will always include a connection to such SN App.

9. MODIFICATIONS TO THE APP OR SERVICES. We reserve the right to modify or discontinue the App or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the App and/or Services. If you object to any such changes, your sole recourse will be to cease access to the App or Services. Continued access to the App or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the App or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the App and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE APP OR SERVICES.

10. PRIVACY. We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Though you may make a lot of information available on the App, the security of your personal information remains important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the App and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. Friended reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities. 

11. THIRD PARTY CONTENT AND OTHER WEBAPPS. Content from other Members, suppliers, advertisers, and other third parties may be made available to you through the App and/or the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The App and Services may contain links to apps or sites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such apps. You understand that by using the App and/or Services you may be exposed to third-party apps that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party apps, products or services accessible by hyperlink or otherwise from the App or Services. We provide these links for your convenience only and we do not control such apps. Our inclusion of links to such websites or apps does not imply any endorsement of the materials on such third party properties or any association with their operators. The App and Services may contain links to websites or apps that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other apps you visit. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBAPPS, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY, including other MEMBERS. 

12. RELEASE. To the extent permitted under applicable laws, you hereby release Friended from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services, any Member or any Verified Expert, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services, any Member or any Verified Expert; (c) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Apps, any Member or any Verified Expert, whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Apps user or Member communications. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

13. DISCLAIMER OF WARRANTIES. THIS APP AND SERVICES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP AND SERVIES ARE PROVIDED BY FRIENDED “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRIENDED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APP OR THE SERVICES, OR THE CONTENT MADE AVAILABLE THROUGH THE APP AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP AND SERVICES IS AT YOUR SOLE RISK. We make no warranty that the App, App or Services will meet your requirements, or that the App and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the App or Services, or that defects in the App or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by you from us through the App, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use. 

14. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE APP AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE APP OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT APPS OR ANY OTHER APP LINKED TO OUR APP. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS APP OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00). WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND OTHER MEMBERS, NOR, IN ANY EVENT, WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY MEMBER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

15. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Friended, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the App or Services, including any Content you submit thereto (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the App or Services. 

16. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation or suspected violation of these Terms of Use. Upon termination of your rights under these Terms of Use, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of Content associated with your Account from our live databases. If your Account is terminated, you may not create a new Account or impersonate anyone in order to access the Services. We will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your Account or deletion of your Content.

17. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information: • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed; • A description of where the material that you claim is infringing is located on the App or Services; • Your address, telephone number, and email address; • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and • A statement by you, made 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. Please email us at support@foundermark.com with any copyright claims or copyright infringement claims.

18. ELECTRONIC COMMUNICATIONS. We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 17 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this App. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the App and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption. 

19. GENERAL TERMS. You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between you and Friended will be governed by the laws of the State of New Jersey, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or your use of the App or Services must be instituted exclusively in the federal or state courts located in New York, New York and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. 

20. SURVIVAL. Sections 2 through 6, 8, 9, 10 and 12 through 22, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the App, Content provided by us, Our Technology and the Services, will survive the expiration or termination of these Terms of Use for any reason.

21. CONTACTING US. If you have any questions or concerns about our App, your world, or anything else, please give send an e-mail to support@foundermark.com. 

22. NOTICE; VIOLATIONS. We may give notice to you by email, a posting on the App, or other reasonable means. You must give notice to us in writing via email to support@foundermark.com or as otherwise expressly provided. Please report any violations of these Terms of Use to support@foundermark.com. 

LAST UPDATED. September 27, 2019