Article 1 – Definitions
"Friendd.io" means all services designed to promote virtual meetings between girls, for friendship goals, for leisure and for non-commercial purposes and accessible from the website.
Application: The Friendd application is available on the Apple App Store and on the Google Play Store.
Friendd: Friendd is the only owner and operator of the The Friendd application and the Friendd brand.
Member: A person registered on the Application.
Heart: Action symbolized by a heart to express an interest and save the person. This action is secret and not notified. “Friendded profils” will no long appear in the member search section anymore, unless the person decides to cancel the registration due to a simple and free handling in its preferences system.
Voice messages and messages: If a member wants to start a conversation with another person, press the message button provided for this purpose. Messages are visible in the mailbox accessible from the icon on the navigation area.
Search / Magnifying Glass: Function to find members within a perimeter defined by the user in its parameters using the distance function.
Newz: Newz is an information service for the Friendd members, offering articles like a Blog.
Account: The account is the personal space dedicated to the member on the application. The person can access it by registering and connecting to the application. It allows the member to access the parameters.
Parameters: Set of parameters, created by Friendd to favor the virtual or real meeting between members, depending on the selected search criteria. It also allows member to control profile due to the corresponding category.
Facebook Connect: A feature that allows members to use their Facebook account to identify themselves on the application to simplify the registration process.
Article 2 - Access and registration to Friendd.io
2.1 Access condition and registration to Friendd.io
In order to access the services of Friendd.io, you must be at least 12 years old.
Minors may access the Services of Friendd.io after obtaining the prior authorization of the person authorized to exercise parental authority. Friendd.io reserves the right to request written justification at any time. Being reminded that it is up to the parents or legal guardian to monitor the use made by their child(ren) of the services offered, Friendd.io reserves the right to remove immediately any account of Minor User who has not obtained the authorization of his/her legal guardian(s) or whose parents ask to close the account.
When registering on the application, the member agrees to receive a newsletter from Friendd. He can withdraw at any time by exercising his opposition right by sending an e-mail to the address provided in Article 12.
2.2 Member Identification
When the conditions for registration are satisfied, the member can access to its account by identifying identifiers composed of its pseudonym Facebook and its password, strictly personal and confidential and which shall not be shared or shared with third parties.
Only one account is authorized for the same person.
The member is solely responsible for the use of such identifiers by third parties or actions or statements made through its member's personal account, whether fraudulent or not. He guarantees Friendd.io against any request in this respect.
Moreover, Friendd.io is not and not having the technical means to ascertain the identity of the persons acceding to its services, Friendd.io is not liable in case of usurpation of the identity of a member. If the member has grounds for believe that a person is using its own identification or account, he must inform Friendd.io.
In the case where a member distributing or using its identifiers contrary to their destination, Friendd.io reserves the right to terminate the Member's account without notice.
The Member is his own editor of his personal description, he’s fully responsible for what he publishes. Friendd.io can under no circumstances be held responsible for the information and contents (and their consequences) disseminated by the member in his or her personal description.
2.4 Inviting friends
Friendd allows its members to invite friends to join the application to broaden the network and increase their chances of making girlfriends.
Article 3. Use of Friendd.io
Friendd.io can not be held responsible for false declarations made by a user. It is therefore important to take certain precautions during meetings with another member. Friendd.io releases responsibility for any meetings between members, following the use of the site and the Friendd services.
In this context, Friendd.io reminds its users that they are prohibited from indicating or disclosing other users of their personal identification information, such as surname, postal address and/or electronic, telephone, through the services.
3.1 Friendd.io obligations
Friendd.io provides remote and electronic discussion delivery service on Internet. The activity of Friendd.io does not cover the organization of meetings or the provision of access to Internet, nor the provision of an electronic communications service to the public. Consequently, Friendd.io does not have a legal obligation to identify users when they connect to the site Internet or to control the contents published by the members. Since Friendd.io can not technically provide such services, Friendd.io does not undertake contractually to identify the members nor to moderate the contents that they publish under their exclusive responsibility. As regards the use of profiles, Friendd.io is not bound by a general obligation to monitor, and in due to the large volume of information disseminated, Friendd.io can not exercise prior control of the accuracy or authenticity of the texts, photos or hypertext links present on the profile of the Member. However the member acknowledges that Friendd.io can view the contents of the profiles during their broadcast and decide, as the case may be, to modify or delete any content that does not comply with these General Terms and Conditions and applicable laws and regulations.
In accordance with Article 6 of the Law of 21 June 2004 about confidence in the digital economy, Friendd.io, as a profiler, must react as soon as he becomes aware of the manifestly unlawful nature content and/or as soon as it receives a notification to that effect. Friendd.io therefore sets up an accessible and visible system to its members to bring to Friendd.io any content or information reprehensible under the freedom of the press Act of 29 July 1881, and more particularly data supporting the crimes against humanity, inciting racial hatred or child pornography.
To do this, it is necessary for the member to click on one of the many links entitled «Report», «Report abuse" and then specify by a checkbox system which profile’s part is problematic. Friendd.io reserves the right, without prior notice, to deactivate or render access to any profile whose content is unlawful and to keep at the disposal of the public authorities the numerical data constituting the profile.
In addition, Friendd.io shall be obliged to promptly inform the relevant public authorities of the illicit activities constituted by the apology of crimes against humanity, incitement to racial hatred and child pornography.
3.1.1 Illegal behaviors
Friendd can not be held liable for illegal or punishable actions committed by its members, including but not limited to: - Any type of scam - Prostitution - Misused identity - Infringement of the intellectual property rights of a third party.
3.2 User's Obligations
The User has for Basic Obligations:
Comply with the laws in force and respect the rights of third parties, especially Users.
Do not use Friendd.io for professional or commercial purposes.
Do not use Friendd.io for solicitation or prostitution.
Do not use Friendd.io to advertise sites, IRC chat networks, chat rooms.
Posting or disseminating in any form whatsoever only information or content in accordance with the reality.
Do not post or disseminate information and content (texts, images, photographs) that infringe Intellectual property rights and the right to privacy of third parties.
Not to utter words or to disseminate in any form whatsoever contents which contravene the rights without limitation, defamatory, abusive, obscene, offensive, violent or inciting violence, political, racist or xenophobic, pornographic, pedophile and generally any content contrary to the purpose of Friendd.io, the laws and regulations in force or morality. In particular, photos and any information, data or files provided by a Member must be decent and relate exclusively to the Member or User from which the Member has obtained the consent for the processing of the User's data by Friendd.io.
Do not harass, defame, abuse, track down or threaten other Friendd.io users.
Do not mention any personal information (email address, addressl, téléphone, nom etc.) on Internet, chat, profiles, which can allow a User to contact another user without using Friendd.io.
Do not post or disseminate in any form whatsoever information or content having the effect of decrease, disrupt, prevent the normal use of the Site, interrupt and/or slow down the normal traffic communication between users through the site, such as software as viruses, logical bombs, mass mailing, proxy attacks, trojans, DoS etc.
Do not post or disseminate in any form whatsoever information or content incorporating links to third party sites of an illegal nature, contrary to morality and/or not in conformity with the purpose of Friendd.io.
Do not affect in any way the minor users.
Use its passwords and/or identifiers according to their strict authentication purpose to the services. The member shall not, without this list being exhaustive, communicate, disseminate, share, accessible, in any way whatsoever, its identifiers to any third party.
Ensure the lawful and non-detrimental nature of the communication to Friendd.io of personal data of his relatives. The User must thus ensure the prior consent of his relatives at the reception makes the user an email from Friendd.io.
Be honest and sincere in his statements.
Do not upload any photos of third parties or any confidential information about others such as financial data institutions.
Do not publish on the application any pornographic content or photos that are against human dignity.
Respect the privacy of the contents and the messages and voice messages exchanged with others within the application and therefore not to disclose the content of these third.
Do not infringe intellectual property laws.
Do not to disturb public order.
Do not to commit a defamation offense and more generally do not make any offensive remarks in particular racial or discriminatory.
Respect the laws and regulations in force.
Do not incite violence or defend terrorism, war crimes or crimes against humanity.
Do not breach the rules of propriety and remain to be correct with other members.
Do not affect, in any way whatsoever, the normal functioning of the services and the infrastructures of the application.
Do not use robots or tools other than those available on Friendd within the application when of getting in contact with others.
Do not engage other members in order to promote paid products or services.
Do not disclose to other members its login information, in particular the password and the identifier of his account.
Do not advertise or incite in any way whatsoever to use any other service, competitor or not, and do not commit an offense involving unfair competition.
Do not use the application for the purpose of organizing rallies or demonstrations.
The breach of the fundamental obligations thus defined constitutes a serious breach of the user to its obligations. In the case of user's failure to fulfill one or more of these fundamental obligations, Friendd.io reserves the right to remove the disputed messages, to prevent the publication of any or part of a member's profile, and/or block access to all or part of his/her account or Friendd.io services, temporarily or definitively, without compensation of any kind whatsoever it would be.
Article 4. Privacy
Friendd.io respect the most stringent European and French standards for the protection of privacy and personal data. Some information, indications or contents (photographs) that members can provide may be able, under the responsibility of the Member concerned, to reveal the member's ethnic origin, nationality, religion or sexual orientation. Providing this kind of information, all optional, the member concerned therefore expressly consents to the processing of these "sensitive" data by Friendd.io and takes full responsibility for it. Each member may, at the time of registration or at any time thereafter, request to receive and, subsequently, can ask for free via Friendd.io to stop receiving the newsletter or promotional offers which are addressed to him by mail from Friendd.io or its partners. The rights and guarantees of members of Friendd.io comply in particular with the law "Informatique et Libertés" n ° 78-17 of 6 January 1978 and The Law on Confidence in the Digital Economy "No. 2004-575 of 21 June 2004. (Article L. 33-4-1 amended Of the Postal and Telecommunications Code and Article L. 121-20-5 of the Consumer Code).
4.1 Real Meetings
Friendd warns members who wish to perform "real" meetings. It belongs entirely to members to verify the identity of the people with whom they organize these meetings. The organization of these "real" meetings are organized independently of Friendd, under the sole responsibility of the Members. The responsibility of Friendd can not be sought for acts and problems, whatever their nature, committed or provoked by the members during the events taking place following the use of the application. In this case, Friendd messaging presents a great advantage, again in the purpose of preserving the tranquility and security of its Members, to enable Members to decide who can see their profils et chat with them.
Regarding the people with whom they agreed to exchange messages, it is strongly recommended not to disclose information that does not appear on the Friendd profile such as the telephone, address or last name. Friendd strongly advises, as a safety measure, to organize a meeting only in highly frequented public places or to prevent a close friend and give the person personal information only after a reasonable period of time.
Article 5. Intellectual property
5.1 Content posted by Friendd.io
The brands, logos, graphics, photographs, animations and texts put online on the site by Friendd.io are the property of Friendd and may not be reproduced, used or represented without the permission of Friendd, on pain of prosecution.
The rights of use granted by Friendd.io to the user are strictly limited to the access, the download, printing, reproduction on any media (hard disk, floppy disk, CD-ROM, etc.) and the use of these documents for private and personal use. Any other use by the user is forbidden without the written permission of Friendd.
The user is prohibited in particular to modifying, copying, reproducing, downloading, broadcasting, transmitting, commercial exploitation and/or distribute in any way whatsoever the visual identity, services, pages of the site, the computer codes of the elements and all the graphic and written elements composing the site.
The mark is protected by Articles L713-2 and following of the Code of Intellectual Property currently in force in France and in the whole world.
5.2 Pejorative trademark laws
The Friendd trademark is the exclusive property of Friendd, Friendd holds all the rights relating thereto.
The trademark was registered at the National Institute of Industrial Property under the number 0000, the Office Of the Harmonization for the Internal Market under number 0000 and the World Intellectual Property Organization Intellectual.
5.3 Copyright privileges
The original works proposed by Friendd are the exclusive property of Friendd. Maria Volokhov is holder Of the full rights attached thereto.
Any representation and/or reproduction and/or dissemination and/or partial or total exploitation of the contents and services offered by the application such as software, animations, texts, videos, graphics and more broadly the general structure, by any process whatsoever, in whatever form, on any media whatsoever and by any media whatsoever, is strictly prohibited without prior authorization express and written by Friendd and is liable to prosecution.
These original works are protected by articles L335-3 and following of the Code of the intellectual property Currently in force in France and in the whole world.
5.4 The license
The rights of use granted by Friendd to the members are reserved for private and personal use. Anything use by the member is prohibited without the permission of Friendd.
The Member grants to Friendd a free, non-exclusive, worldwide license to use, reproduce, representation, modify, translate perpetually of any intellectual property seat (texts, photos, videos, etc.) that he will be required to provide to Friendd via the application for the non-exclusive purpose of support its communication efforts to other members. This license will be operated by Friendd within the limits of respect for the right to the image, the protection of the personal data of the user and without distorting the authenticity of the profile of the Member and remaining in conformity with its profile. This license authorizes Friendd to make these items compatible with its technical performance or media formats concerned. These rights are granted to the whole world for the duration of the execution of the present GCU between the Member and Friendd. The member remains the owner of the content and the personal data he provides.
The member guarantees Friendd against any legal action, remedy or conviction against him originating in the violation by the Member of the intellectual property of a third party. The member warrants Friendd for any claims or damages that may result.
5.5 Contents distributed by Members
The member expressly authorizes Friendd to modify said content in order to respect the graphic chart of the site or other communication media referred above and/or make it compatible with its technical performances or media formats concerned.
These rights are granted to the world and for the entire legal period of protection of the rights concerned, both in French and foreign legislation and future international conventions, including extensions which possibly be made to this duration.
The Member shall not copy, reproduce, or use the content of other members other than for the strict requirements for the use of Friendd for strictly personal and private purposes.
Article 6. Termination
Every Member can cancel his inscription in Friendd any time and without motive in the rubric of the Site Friendd. io " my parameters " devoted to this effect.
Without prejudice to other dispositions of presents, in case of breach by the member in presents conditions of use, Friendd. io reserves the right to suspend or to cancel the account of the Member without notice nor refund or to take proceedings towards him/her. This termination will intervene by right and without prejudice to all damages which could be claimed by Friendd to the member or his ayants-rights and lawful representatives in repairing of the detriment suffered due to such breaches. Data relating to the member will be destroyed at his request or in the expiry of lawful the deadline of prescript running to iopter the termination of the iopte of the member.
Article 7. Responsibility and guarantee
7. 1 Information and contents given by the users
Information given by a User to Friendd. io must be specified and correspondent to the reality.
Consequences of their disclosure to his life and/or of other users’ lives are exclusive responsibility of the concerned user. The user abandons any appeal contrary to Friendd. io, notably on foundation of possible attack in its right to the picture, in its honour in its reputation, in the intimacy of his private life, resulting from broadcasting or from disclosure of information concerning him in envisaged conditions by presents. Friendd. io will be under no circumstances, representative for the direct or indirect damage suffered by the user and notably losses of data (including copies) or of recording performed by the User.
Friendd. io cannot be kept for representative for accuracy or for inaccuracy of information and contents given by the Users.
Also, Friendd. io cannot be kept representative for contents broadcast by one user, on his initiative and under his supervision exclusive, likely to contravene the rights of one or several other users or thirds. Especially, the user gets involved to Friendd. io to be kept all rights of possession intellectual or to have the permission of the holders of rights on contents (information, data, description, pictures, etc. ) that he transmits to Friendd. io and guarantees Friendd. io of consequences of the transmission of these contents and of their broadcasting on the site. In case responsibility from Friendd. io would be searched at the rate of breach by a user in the obligations which to him iniobent according to law or to present conditions of use, the user promises to guarantee Friendd.io against any marked condemnation towards him/her or amicable indemnity, this covering guarantee so much the indemnification which would possibly be poured, that lawyer's fee and expenses of justice which would be supported by Friendd.io.
7. 2 Functioning of the site Friendd.io
The user must have competences, equipments and software requested for the use of Internet and admits that characteristics and pressures of Internet do not allow to guarantee security, availability and the integrity of data transmissions on Internet. In these conditions, Friendd.io doesn’t guarantee that the site will work ceaselessly nor error. In particular, its exploitation may be temporarily discontinued due to maintenance, upgrades or technical improvements, or change the content and/or presentation.The user abandons by the acceptance of presents during its inscription to search the responsibility of Friendd.io as functioning and working of site.
Also, Friendd. io could not be kept responsible for a not functioning, for an impossibility of access, or bad conditions of use of the site attributable to a not adapted equipment, to dysfunctions of the provider of the user, in the clutter of Internet network and for all other reasons external in Friendd. io. In these circumstances, Friendd.io does not warrant that the Services will operate without interruption or error operation. In particular, their exploitation may be temporarily interrupted because of maintenance, upgrades or technical improvements, or to change the content and/or presentation. As far as possible, Friendd.io will inform its users to an operation maintenance or update.
7. 3 Links
The site Friendd.io can give or thirds can include links hypertexts towards other Websites than the site Friendd.io or other Internet sources. As long as Friendd.io cannot control these sites and this external sources, it cannot be kept for representative for the provision of these sites and external sources, and can support no responsibility as for their contents, advertising, products, services or everything other available element on either from these sites or external sources. Any difficulty relating to a link owes be subjected to the administrator or in the webmaster of the site to whom it is. One moreover reminds of it that consultation or the use of these sites and external sources are governed by their own conditions of use. Finally, if as part of a research driven on application Friendd, the result of this one brought the user to clock in on sites, pages or of the forums among which title or contents constitute a violation French law, the user is invited to interrupt his consultation of the site concerned at the risk of seeing it responsibility being hired, the one of Friendd.io is excluded.
Article 8. Convention between the User and Friendd.io
These conditions of use, as well as the pages of the Friendd.io site to which it is referred, constitute a contract governing relations between the User and Friendd.io. These conditions cancel and replace all annexed or not expressly aimed previous dispositions and constitute the entirety of rights and obligations of Friendd.io and of the user relating to their object.
Article 9. Modifications of the site or of the conditions of use
Friendd.io reserves the right to change or either to bring some small change the pages of the Friendd.io site any time or in the conditions of use which are in application. These modifications will come into force from their online bet on the Friendd.io website, without prejudice to faculty for every member to cancel his membership in Friendd. io. In extremis, the user is reputed to have accepted these modifications by continuing using the Friendd.io website or services. The users are therefore invited to consult always online version on the site. The presence of the User on the site implicates its full acceptance of any revision or modification.
Article 11. Unfair competition
It is formally prohibited to design a similar product to the application or to create a drift, and more generally to be guilty of parasitism, acts of imitation, denigration or any other act constituting unfair competition. Where appropriate, Friendd reserves the right to summon the member to obtain full compensation for the injury caused by the member.
The Member is subject to heavy legal penalties if he succeeds or attempts to grant licenses or sublicenses, sell, resell, transfer, assign, distribute or commercially exploit or make available to third parties the services or the application in any way.
Article 12. Contact
Friendd can be contacted by mail at 2 bis avenue Durante - MBE 229, 06000, Nice. The Member may also contact Friendd by email at the following address: firstname.lastname@example.org
Article 13. Confidentiality clause
Neither Friendd nor the Member are permitted to disclose information about the contract binding them in the case of an argument and each party undertakes to comply to a confidentiality clause which requires it to prefer confidential negotiation in case of an argument..
Article 14. Who are we?
Friendd.io is a service of the company Friendd.