When the complete name FRENDSPLUS is used in any paragraph of these Terms of Use, only this specific entity is contemplated.
When using Frendsplus.com website the Investors and Inventors both
accept these Terms of Use, which are subject to change without notice.
Furthermore, Investors and Inventors both agree to consult these Terms
of Use from time to time and acknowledge that the Investors and
Inventors both continuing use of the Website means that Investors and
Inventors both have accepted any changes that may have been made.
Governing legislation
The Frendsplus.com will be governed by, and construed in accordance
with, the laws of the United States and with the exclusion of its
principles of conflicts of laws.
Any litigation, dispute or claim arising from or related to the use of
the Website shall be subject to the jurisdiction of the courts of
Untied States.
Responsibility of the user
As a user of the Frendsplus.com, Investors and Inventors both agree to use it responsibly and with discretion.
Investors and Inventors both agree to follow both the applicable laws in force.
Accessing and using the Website
Frendsplus.com cannot guarantee that the Frendsplus.com will be
accessible at all times, without interruption, or that it will be free
from errors.
Frendsplus.com shall not be held responsible for any damages that may
result from the inaccessibility of the Frendsplus.com or from any
difficulties that you may experience while accessing or using the
Frendsplus.com, including: an interruption of service; a network
failure; the malfunction of any computer hardware or software; or any
faulty, incomplete, incomprehensible or deleted transmission, whether
or not such difficulties have been brought to our attention.
Frendsplus.com reserve the right to suspend at any time, without
warning, full or partial access to: the Website; Each of Frendsplus.com
pages could be accessible through certain social media sites.
Frendsplus.com additionally reserve the right to discontinue uploading
information to such sites, in which case we shall not be held
responsible for any damages that you may incur.
Contents
The contents of the Website are provided for informational purposes
only, unless otherwise stated. This content does not constitute an
offer to purchase or sell our products or services, nor does it
constitute solicitation on our part or on the part of our authorized
third parties. All of our products and services that may be of interest
to Untied States residents are not necessarily offered in each province
of other countries.
They are generally available in regions where they may be legally
offered. Furthermore, eligibility for our services is subject to the
terms and conditions established for each of them.
The contents of the Frendsplus.com must not be interpreted, considered
or used as if they were financial, legal, tax, or other professional
advice.
Frendsplus.com shall not be held responsible for any damages that you may incur as a result of relying on such content.
The information contained on the Website is the property of FRENDSPLUS
and may not be reproduced, in whole or in part, unless for your
personal, non-commercial use. In all other cases, you must obtain the
written consent of FRENDSPLUS.COM prior to reproducing any contents of
the Site.
Online transaction services
You may carry out transactions on this Website through WWW.ESCROW.COM for several financial agreements between parties.
These services are governed by specific agreements and rules that
describe your access and use. You should familiarize yourself with them
at your earliest convenience.
If you have accessed WWW.ESCROW.COM , these Terms of Use apply
concurrently to the specific agreements and rules that govern that
services.
In the event that these Terms of Use are incompatible with the
applicable specific and agreements and rules, the latter shall prevail.
Money Transaction
When you carry out transactions with WWW.ESCROW.COM, you alone are
responsible for ensuring that all user codes, access card numbers,
passwords, and personal identification questions used on the Site are
protected. We shall not be held responsible for any damages that you
may incur as a result of the unauthorized or illegal use of the user
code(s), access card number(s), password(s), or personal identification
question(s), or your failure to ensure the secure and confidential
nature of the transactions. Any fees charged by your service provider
for the use of WWW.ESCROW.COM are your sole responsibility.
Confidentiality and security
Frendsplus.com comply with the applicable law governing the protection of personal information.
In addition, Frendsplus.com cannot, however, protect information
exchanged when the Frendsplus.com is accessed through a non-secure
platform or in a public location, which could endanger the
confidentiality of your personal information.
Frendsplus.com shall not be held responsible for any damages that you
may incur under such circumstances. E-mail communications are neither
secure nor confidential. They can be lost or intercepted, in much the
same way as communications by other means (for example, by post). We
shall not be held responsible for any damages that you may incur from
any exchange of e-mail or electronic messages, whether originating from
you or from us.
You alone are responsible for ensuring the protection and safekeeping
of your data and computer platforms and devices.
Accuracy and changes of information on the Website
We consider the data and information contained on the Site to be
reliable when posted. Despite our best efforts, however, we cannot
guarantee that the information is exact or complete, free from errors
or omissions, or that it is up to date at all times. Information is
considered reliable when it is posted on the Website, but this does not
guarantee that it will be reliable at the time that you consult the
Website. We are in no way required to update this data or information.
The data and information available on the Site may be changed, moved or
deleted without notice.
Trademarks
Certain names, words, titles, phrases, graphics, logos, icons or
designs used on the Website may be trademarks belonging to us or used
by authorized third parties. Certain trademarks are registered in
Untied States and/or other countries. However, use of these trademarks
on the Website does not necessarily mean that a licence of any kind has
been granted. The � and TM symbols designate registered trademarks and
other trademarks respectively.
Precautions to be taken before downloading and installing software
If you choose to access a software program throFRENDSPLUS Terms and
Condition for using this website These terms and conditions relate to
all and any agreement between Frendsplus.com and Investors and
Inventors both when using our service.
1.SERVICES
In this agreement the services are provided to the best of our ability
and based on the Designers or Developers personal experience and any
information, facts and issues you provide. Any opinion, statement,
recommendation or anything whatsoever shall not form a guarantee.
Whilst we can advise you but it is your responsibility to ensure that
the services meet your particular needs. Frendsplus.com is in no way to
be construed as coaching, counselling or any type of management.
Investors and Inventors both confirm that their agreements between the
said parties must be aware that any results, whether on
projects,investments or other basis cannot be guaranteed to suceed with
Investors and Inventors both ideas intheir contract. Investors and
Inventors both enter into this agreement with the understanding that
they are responsible for your own results. You hold us free of all
liability and responsibility for any actions or results or adverse
situations created as a direct result of specific referral or advice
given by us.
2.SUPPORT BY FRENDSPLUS.COM
Any level of Support is detailed in this Terms&Conditions
Agreement.Frendsplus.com will be helpful to provide future support upon
request, at extra agreed cost, but are not obligated in any way to do
so.
3.DEFINITIONS OF SERVICE
Services; means anything we do on your behalf in accordance with this
agreement. New products?or service that are introduced by the inventor
or investor,Frendsplus, assume no liability in it. Project Agreement?
means the document which specifically outlines what services the
Inventor and Investor agree upon,Frendsplus, will not be held
responsible for that agreement. Training course on how to use
frendsplus website are for public use only.No copies can be made with
authorization from frendsplus. Private Intellectual Property Rights
means all vested, contingent and future intellectual property rights
including but not limited to any patent, trademark, service mark,
registered design, copyright, design right, right to extract or exploit
information from a database, database rights, know-how, confidential
information or process, any application for any of the above, and any
other intellectual property right recognised in any part of the world
whether or not presently existing or applied for.Frendsplus will not
held responsible for lost or stolen subjects that are listed above.
Nominated Persons? means the people within your organisation who
Frendsplus.com will be dealing with. By dealing with, Frendsplus.com
mean obtaining any instructions, reporting to, agreeing to amend the
services or alter them in any way, agreeing to supply extra or enhanced
services or any changes whatsoever to this agreement. Frendsplus.com
will not be able to deal with anyone else unless we specifically agree
in writing. It is your responsibility to ensure that all contact
details for all Nominated Persons are accurate and up to date.
4.ABIDE BY TERMS
By making use of our organisation and its services you will be deemed
to; be aged 18 years older or parent guardian 18 or over; have read and
understood this agreement and agree to be bound by its terms and
conditions. Where you are entering into an agreement on behalf of an
organisation you confirm that you have the legal right to do so.
5.SUPPLY OF SERVICES
Whilst Frendsplus.com will use our reasonable endeavours to supply the
services, Frendsplus.com shall not be responsible for any failure to
provide services or any unavailability. Frendsplus.com make no warranty
against electronic virus, worms or any other fault or defect or
problems which may occur. Frendsplus.com will not be responsible for
any loss or damage whatsoever caused resulting from a failure to
provide or where a virus or defect occurs as a result of any e-mail or
document Frendsplus.com send you. The presence of this website on the
internet is not our responsibility. Frendsplus.com will not be
responsible for project agreements between the parties and no
guarantees can be made as to the availability or interruption of any
service. During the supply of services we may make recommendations for
other suppliers and this does not form any endorsement or guarantee as
to supply of either services or products. Frendsplus.com reserve the
right to suspend the services and to substitute any nominated person
within our organisation, such as developer or designer, where
necessary. If you are an organisation, when we provide the services to
your organisation we deal with nominated persons. Frendsplus.com
reserve the right to refuse to work with any specific individual within
your organisation without specifying a reason. Where Frendsplus.com
have agreed to supply any report or documentation they will be in
whatever format and contain the information that Frendsplus.com, in our
absolute discretion, deem appropriate.
6.COMPATIBILITY
Use of our service , the Internet and Web sites is designed for
computers which meet certain applicable specifications as to hardware,
including servers and software. It is your responsibility to ensure
that the server we agree to initially install the web site on meets our
minimum criteria for this and that you can run/use and products.
Consultancy advice can be provided to you at your request as to the
specifications. We will advise you at the time of your request whether
any additional charge will be made for the provision of this advice.
Investors and Inventors both agree to fully test any application or
offer a service or idea that you as the inventor or investor have made
generally available for use. If any errors,frendsplus.com will not be
obligated to take responsiblity or to crrect any errors that may occur.
Ultimate it is the investor and inventor responsibility for to correct
any and all ideas and services offered.
7.PRICES AND PAYMENT
When a finanical contract agreement between the Investor and Inventor
has been finalized,a 6% operation charge is subtracted from the total
amount for maintenance,up keep of frendsplus website and advertisement
expenses to attract potential investors and inventors. Any payment is
non-refundable. Frendsplus.com reserve the right to increase the
deductible charge for either the services which arise because of an
increase in parts or other outside costs beyond our reasonable control.
If Frendsplus.com agree, then Frendsplus.com will give you at least 30
days notice in writing. Where payment is made via a third party such as
Paypal, you are also confirming your agreement to adhere to that third
partys user agreement.
8.RIGHTS
Investors and Inventors both assigned the rights to use, as
applicable, the products and services, including, the web site which
includes the text, graphics, animation, audio components and digital
components contained within the finished web site, in accordance with
these terms and conditions,any applicable agreement, terms or licence
but no rights of ownership are conveyed. The rights to photographs,
graphics and any third party items such as source code, always remain
the property of their respective owners. All products, including
Content Management Systems, interfaces, navigational devices, menus,
menu structures or arrangements, icons, help, all operational
instructions, scripts, cgi applications, software, programming/source
code, and all other components of any source or object computer code
that comprises the Frendsplus.com, all literal and non-literal
expressions of ideas that operate, cause, create, direct, manipulate,
access, or otherwise affect the Content and design elements used or
developed and all software, and our products and results of our
services remain our property and we retain full ownership rights and
all intellectual property rights. You specifically agree not do
anything that may in any way infringe upon or undermine our rights,
title, or interest in the Website or our products and services. This
includes, but is not limited to, any sale, transfer or gift of the
whole or of any part of any item, data or anything whatsoever that we
own. You fully understand that we may reproduce, reuse, develop and use
in any other way we choose, anything within our ownership.
9.INVESTORS AND INVENTORS RESPONSIBILITY AND MISUSE
Investors and Inventors both agree that it is your responsible for the
actions of all your employees, agents, consultants and anyone who
appears or purports to be a member of your organisation or working with
them. Investors and Inventors both agree that they will solely be
responsible for your use of any products services,finanical agreements
between the parties and that they will offer their products and
services legally and only for the purposes that they are intended to be
used for. Investors and Inventors both agree that they will not misuse
the products and/or services supplied and that you will abide by any
laws applicable to this agreement or the operation of it. Investors and
Inventors both specifically agreed that Frendsplus.com have no
liability and furthermore you will indemnify Frendsplus.com for any
loss resulting in any breach of this clause. Frendsplus.com will always
refuse to handle in any way, information or data or material which
Frendsplus.com, in our absolute discretion, deem to be illegal,
offensive or controversial, and reserve the right to terminate this
agreement without notice.
10.ACCESS TO YOUR DATA
Investors and Inventors both agree that they will do nothing which
could restrict or inhibit Frendsplus.com access for any examination
following complaint of any services supplied under this agreement.
Investors and Inventors both agree that they will allow Frendsplus.com
full access to any existing information Investors and Inventors both
may hold which relate to our services. Investors and Inventors both
will provide to Frendsplus.com all information, and documents and
anything that we need in order to complete the provision of services
within specified deadlines. We will not be held responsible in any way
for your failure to do this.
11.THE ACCURACY PROVIDED BY BOTH THE INVESTOR AND THE INVENTOR HAS A
RESPONSIBILITY FOR CORRECT LEGAL INFORMATION AND DATA FREE FROM OTHER
COPYRIGHTS
Investors and Inventors both confirm that any data, information,
materials or documents passed presented on Frendsplus.com website have
been checked by Investors and Inventors both as being accurate,
suitable for the use you require and proof-read and that anything which
you have provided us with does not breach any copyright, intellectual
property or the rights of any third party, whatsoever in nature, and is
not contrary to any law. Investors and Inventors both specifically
confirm that they hold the full copyright of anything that you provide
to Frendsplus.com website (e.g. data, text for insertion, information,
documents, logos and any other content whatsoever) or that you have
obtained the copyright owners permission to use it in the way you have
asked us to (e.g. extract from published document). Investors and
Inventors both agree that all text and graphics will be provided by
Investors and Inventors both in the format. If Frendsplus.com has to do
any work because the information is not in this format then we reserve
the right to charge you an additional amount for that work. Investors
and Inventors both confirm that Frendsplus.com are not responsible for
any omission, additions, changes, alteration, typographical, clerical
or other error or omission within any information or documentation or
products and/or services supplied All documentation that Frendsplus.com
provide to Investors and Inventors both, are subject to our copyright
and intellectual property rights and particularly, with notes and
information, only those that Frendsplus.com had given written
permission have a restricted personal licence to use them to
participate in changing their set up system. This means that Investors
and Inventors both can not, for example, reproduce them in any way,
Frendsplus.com will specifically provide Investors and Inventors both
with the right to use those documents and Investors and Inventors both
to use the provided infarmation as for referrance. Investors and
Inventors both confirm that that they will not breach any intellectual
property rights, including copyright in so far as materials, software,
information, content and anything whatsoever supplied to you from
Frendsplus.com. Investors and Inventors both specifically agree that
Frendsplus.com have no liability in respect of this clause and
furthermore you will indemnify us for any loss.
12.THIRD PARTY WEBSITE
Frendsplus.com website has connected to products and services provided
by third parties, such giving legal advice.Investors and Inventors both
accepting their terms and conditions you are also agreeing to comply
with the licence and/or the terms and conditions in relation to any
information or items provided by third parties, Any such information
that is provided on an basis, without warranty and you specifically
agree that Frendsplus.com can not be responsible for any faults,
failures, errors, or issues relating to the information provided by
third party.
13.FRENDSPLUS.COM INTELLECTUAL PROPERTY RIGHTS
Investors and Inventors both agree that all intellectual property
rights of whatever nature in relation to our services, products and
software shall remain ours, other than any third party rights which
shall always remain vested within those third parties. Investors and
Inventors both specifically agree to comply with both our Intellectual
Property Rights and those of any third party in relation to the
services, software,information and products. Investors and Inventors
both agree to immediately notify Frendsplus.com that if Investors and
Inventors both become aware of any infringement of the Intellectual
Property Rights in relation to the software including any unauthorised
use, copying or distribution. Investors and Inventors both agree to
indemnify Frendsplus.com against all actions, claims, proceedings,
damages, costs and expenses arising from your actual or alleged
infringement of intellectual property rights and that you will notify
Frendsplus.com within 3 days of Investors and Inventors both will
knowledge of any such actual or alleged infringement. If Frendsplus.com
wish to, Investors and Inventors both further agree to allow us to
conduct all negotiations and litigation and confirm that you will
provide Frendsplus.com with all reasonable assistance.
14.LICENSE AGREE
Investors and Inventors both agree that Frendsplus.com have a
non-exclusive, worldwide, and royalty-free licence for the Initial Term
and the Renewal Term, if applicable, to edit, modify, adapt, translate,
exhibit, publish, transmit, participate in the transfer of, reproduce,
create derivative works from, distribute, perform, display, and
otherwise use your content as necessary solely for the purposes of
rendering and operating the Services to you under this Agreement. As
for licences or rights passing to you, please refer to clauses 8 and
12. Investors and Inventors both understand that an Agreement to use
our services and products and that this Agreement does not convey to
you any rights of ownership.
15.DEVELOPMENT CREDIT
You confirm that, unless specifically agreed otherwise, we reserve the
right to include details of the project, including any images to show
the nature of the work, for our use either on our web site or within
any printed portfolio, as an example of our work.
16.SERVICE TIME ESTIMATE
We will use all our reasonable endeavours to complete any supply of
services within any time estimate that we give. However, we will not be
liable for any loss of damage suffered because of any unavoidable or
reasonable delay in completion, including third party involvement and
your failure to deliver items such as documents or information. We will
keep you informed about any delay.
17.BACKING UP YOUR OWN DATA AND INFORMATION
It will always be the Investors and Inventors both remain their
responsibility to retain up to date back-ups of any data in connection
with their web site and it is not our responsibility to retain any
copies are lost. Frendsplus.com can accept no responsibility whatsoever
and will not be liable for any losses, claims or damages which may
arise because data is not/has not been backed up. 18.LIABILITY
DISCLAIMER
To the extent that the law allows we will not be held responsible for
any loss, incidental or consequential damage, or loss arising out of
installation, use (unauthorised or otherwise), errors, mistakes,
accident, theft or fraud, destruction, or any part of the provision of
services. In the unlikely event that we would be held liable for any
losses occurring as a result of using/failing to use the services or at
all, then such total damages for any loss whatsoever shall be limited,
in relation to any one incident or series of related incidents, to 100%
of the amount paid by you in respect of the agreement under which you
claim.
19.YOUR INFORMATION AND DATA PROTECTION
Any services we provide to you may be reliant on information provided
by you, so you are responsible for ensuring that any information you
provide is accurate, correct and up-to-date.
20.CONFIDENTIALITY ON FRENDSPLUS.COM
Frendsplus.com agree that the specifications and documentation and
information relating to this agreement are confidential, including
information obtained about Investors and Inventors both, the
organisations etc and that only the agreed information as appears on
the web site can be disclosed other than as required by Statute or
Court Order.
21.FRENDSPLUS.COM AS EXCLUSIVITY RIGHTS
Investors and Inventors both specifically agree that Frendsplus.com
have full and exclusive working rights within the terms of provision of
this agreement and that Investors and Inventors both will not involve
other parties without our specific agreement in writing.
22.AGREEMENT ON ASSIGNMENT
The rights given cannot be transferred, sold, rented or shared in any
way by Investors and Inventors both and nobody else can benefit but the
Investors and Inventors. A copy of this agreement will be admissible in
the case of any dispute or in any proceedings. Frendsplus.com reserve
the right to assign and/or sub-contract all or any part of the services
but if we do this it will not affect both the Investors and Inventors
rights under this agreement.
23.CANCEL OR REMOVE PROJECTS OR OFFER OF INVESTMENTS
You can cancel or withdraw any project or investment offer between the
parties that agreement has not been installed in the orginal agreement
within 30 days. However, this will not apply in accordance with
Regulation 13 of the above Regulations.
24.COMPLAINTS NOTICES
Frendsplus.com will respond to any queries or complaints within 14 working days.
Complaints must be from Nominated Person, where applicable, and addressed in writing to us at our usual email address ;
admin@frendsplus.com
A phyiscal address Post Office Box 2592,Newport Beack,California 92659.
If any cause of complaint may amount to a breach of any term of this
Agreement then you must allow us 30 days to remedy that breach. Any
notices for either party must be in writing to the address which
appears on this Project Agreement. Notices will be deemed to have been
received on the 7th day after posting using United States Post Office
1st class service provided that a duly stamped certificate of posting
is obtained from the United States Post Office.
25.INVALIDITY OF EACH CLAUSE
Each clause or any part at all of this agreement is to be regarded as
independent of the others. This means that should any clause or any
part at all of this agreement be found to be unenforceable or invalid
it will not affect the enforceability or validity of the rest of this
agreement.
26.CANCELLATION AND BREACHED TERMS
The term of this agreement is during the time of use of any
Frendsplus.com services. We reserve the right to terminate this
agreement Immediately if you breach any term of this agreement,
including any third party user agreement or if Frendsplus.com refuse to
handle your information or data and material. Investors and Inventors
both will not be entitled to any refund in respect of unused services.
By giving you 30 days notice. In these circumstances we will refund you
for any unused services or pre-paid fees within 30 days of the service
ceasing. However Frendsplus.com will not be responsible for any
liability whatsoever, including any claims, expenses and fees, relating
to the notice period and service ceasing. If Frendsplus.com do not act
upon any breach immediately you should not assume that Frendsplus.com
have waived any rights as to enforceability or to seek redress, unless
we have expressly stated that in writing. Other than any rights
described in this agreement, Investors and Inventors both may terminate
this agreement at any time giving us notice of 1 calendar month.
However, any monies due under this agreement must still be paid and we
will not make any refund at all, including for any unused services or
pre-paid fees.
28.JURISDICTION These Terms & Conditions shall be
interpreted, construed and enforced in accordance with United States
law and shall be subject to the exclusive jurisdiction of the United
States Courts. ugh one of the links offered on the Site, you are
responsible for taking the necessary precautions to detect and destroy
possible viruses and for ensuring that the software is compatible with
your computer. You should also ensure that you have up-to-date backup
copies of the entire contents of your hard drive before installing
software downloaded from the Website.
We shall not be held responsible for any damages or losses that could
result, directly or indirectly, in whole or in part, from downloading
any internet page or software, or from sending any information when
using the Site.
Hyperlinks
The fact that the Website offers links to other websites does not mean
that we endorse or approve the content of these sites or the products,
services or publications that may appear thereon. The content available
through these hyperlinks is not subject to our policies. Therefore, we
shall not be held responsible for any damages that you may incur when
you are redirected to another website by way of a hyperlink.
Social media sites
FRENDSPLUS pages are accessible through other websites. Before
consulting or using the pages of these websites, you must read and
comply with their respective terms of use.
Limitation of liability
In general and without limiting the specific cases of limitation of
liability mentioned above, and notwithstanding any provisions to the
contrary, we shall not be held responsible for any damages that may
result from or relate to the Site and/or its contents. In particular,
and without limiting the generality of the foregoing, we shall not be
held responsible for issues of access, use, accuracy of contents, or
the loss of data or information, whether or not we have been informed
of the possibility of such issues.
� 2013 FRENDSPLUS
The information available on the Website is protected under the
copyright laws of United States and other countries, as applicable.
Please direct any request for authorization with respect to copyright to:
FRENDSPLUS
Post Office Box 2592
Newport Beach,California 92659
FRENDSPLUS
Terms and Condition for using this website
These terms and conditions relate to all and any agreement between
Frendsplus.com and Investors and Inventors both when using our service.
1.SERVICES
In this agreement the services are provided to the best of our ability
and based on the Designers or Developers personal experience and any
information, facts and issues you provide. Any opinion, statement,
recommendation or anything whatsoever shall not form a guarantee. Whilst
we can advise you but it is your responsibility to ensure that the
services meet your particular needs.
Frendsplus.com is in no way to be construed as coaching, counselling
or any type of management. Investors and Inventors both confirm that
their agreements between the said parties must be aware that any
results, whether on projects,investments or other basis cannot be
guaranteed to suceed with Investors and Inventors both ideas intheir
contract. Investors and Inventors both enter into this agreement with
the understanding that they are responsible for your own results. You
hold us free of all liability and responsibility for any actions or
results or adverse situations created as a direct result of specific
referral or advice given by us.
2.SUPPORT BY FRENDSPLUS.COM
Any level of Support is detailed in this Terms&Conditions
Agreement.Frendsplus.com will be helpful to provide future support upon
request, at extra agreed cost, but are not obligated in any way to do so.
3.DEFINITIONS OF SERVICE
Services? means anything we do on your behalf in accordance with this
agreement.
New products?or service that are introduced by the inventor or
investor,Frendsplus, assume no liability in it.
Project Agreement? means the document which specifically outlines what
services the Inventor and Investor agree upon,Frendsplus, will not be
held responsible for that agreement.
Training course on how to use frendsplus website are for public use
only.No copies can be made with authorization from frendsplus.
Private
Intellectual Property Rights means all vested, contingent and future
intellectual property rights including but not limited to any patent,
trademark, service mark, registered design, copyright, design right,
right to extract or exploit information from a database, database
rights, know-how, confidential information or process, any application
for any of the above, and any other intellectual property right
recognised in any part of the world whether or not presently existing or
applied for.Frendsplus will not held responsible for lost or stolen
subjects that are listed above.
Nominated Persons? means the people within your organisation who
Frendsplus.com will be dealing with. By dealing with, Frendsplus.com
mean obtaining any instructions, reporting to, agreeing to amend the
services or alter them in any way, agreeing to supply extra or enhanced
services or any changes whatsoever to this agreement. Frendsplus.com
will not be able to deal with anyone else unless we specifically agree
in writing. It is your responsibility to ensure that all contact details
for all Nominated Persons are accurate and up to date.
4.ABIDE BY TERMS
By making use of our organisation and its services you will be deemed
to; be aged 18 years older or parent guardian 18 or over; have read and
understood this agreement and agree to be bound by its terms and
conditions. Where you are entering into an agreement on behalf of an
organisation you confirm that you have the legal right to do so.
5.SUPPLY OF SERVICES
Whilst Frendsplus.com will use our reasonable endeavours to supply the
services, Frendsplus.com shall not be responsible for any failure to
provide services or any unavailability. Frendsplus.com make no warranty
against electronic virus, worms or any other fault or defect or problems
which may occur. Frendsplus.com will not be responsible for any loss or
damage whatsoever caused resulting from a failure to provide or where a
virus or defect occurs as a result of any e-mail or document
Frendsplus.com send you.
The presence of this website on the internet is not our
responsibility. Frendsplus.com will not be responsible for project
agreements between the parties and no guarantees can be made as to the
availability or interruption of any service.
During the supply of services we may make recommendations for other
suppliers and this does not form any endorsement or guarantee as to
supply of either services or products.
Frendsplus.com reserve the right to suspend the services and to
substitute any nominated person within our organisation, such as
developer or designer, where necessary.
If you are an organisation, when we provide the services to your
organisation we deal with nominated persons.
Frendsplus.com reserve the right to refuse to work with any specific
individual within your organisation without specifying a reason.
Where Frendsplus.com have agreed to supply any report or documentation
they will be in whatever format and contain the information that
Frendsplus.com, in our absolute discretion, deem appropriate.
6.COMPATIBILITY
Use of our service , the Internet and Web sites is designed for
computers which meet certain applicable specifications as to hardware,
including servers and software. It is your responsibility to ensure that
the server we agree to initially install the web site on meets our
minimum criteria for this and that you can run/use and products.
Consultancy advice can be provided to you at your request as to the
specifications. We will advise you at the time of your request whether
any additional charge will be made for the provision of this advice.
Investors and Inventors both agree to fully test any application or
offer a service or idea that you as the inventor or investor have made
generally available for use. If any errors,frendsplus.com will not be
obligated to take responsiblity or to crrect any errors that may occur.
Ultimate it is the investor and inventor responsibility for to correct
any and all ideas and services offered.
7.PRICES AND PAYMENT
When a finanical contract agreement between the Investor and Inventor
has been finalized,a 6% operation charge is subtracted from the total
amount for maintenance,up keep of frendsplus website and advertisement
expenses to attract potential investors and inventors.
Any payment is non-refundable.
Frendsplus.com reserve the right to increase the deductible charge for
either the services which arise because of an increase in parts or other
outside costs beyond our reasonable control. If Frendsplus.com agree,
then Frendsplus.com will give you at least 30 days notice in writing.
Where payment is made via a third party such as Paypal, you are also
confirming your agreement to adhere to that third partys user agreement.
8.RIGHTS
Investors and Inventors both assigned the rights to use, as applicable,
the products and services, including, the web site which includes the
text, graphics, animation, audio components and digital components
contained within the finished web site, in accordance with these terms
and conditions,any applicable agreement, terms or licence but no rights
of ownership are conveyed.
The rights to photographs, graphics and any third party items such as
source code, always remain the property of their respective owners.
All products, including Content Management Systems, interfaces,
navigational devices, menus, menu structures or arrangements, icons,
help, all operational instructions, scripts, cgi applications, software,
programming/source code, and all other components of any source or
object computer code that comprises the Frendsplus.com, all literal and
non-literal expressions of ideas that operate, cause, create, direct,
manipulate, access, or otherwise affect the Content and design elements
used or developed and all software, and our products and results of our
services remain our property and we retain full ownership rights and all
intellectual property rights. You specifically agree not do anything
that may in any way infringe upon or undermine our rights, title, or
interest in the Website or our products and services. This includes, but
is not limited to, any sale, transfer or gift of the whole or of any
part of any item, data or anything whatsoever that we own. You fully
understand that we may reproduce, reuse, develop and use in any other
way we choose, anything within our ownership.
9.INVESTORS AND INVENTORS RESPONSIBILITY AND MISUSE
Investors and Inventors both agree that it is your responsible for the
actions of all your employees, agents, consultants and anyone who
appears or purports to be a member of your organisation or working with
them.
Investors and Inventors both agree that they will solely be responsible
for your use of any products services,finanical agreements between the
parties and that they will offer their products and services legally and
only for the purposes that they are intended to be used for.
Investors and Inventors both agree that they will not misuse the
products and/or services supplied and that you will abide by any laws
applicable to this agreement or the operation of it.
Investors and Inventors both specifically agreed that Frendsplus.com
have no liability and furthermore you will indemnify Frendsplus.com for
any loss resulting in any breach of this clause.
Frendsplus.com will always refuse to handle in any way, information or
data or material which Frendsplus.com, in our absolute discretion, deem
to be illegal, offensive or controversial, and reserve the right to
terminate this agreement without notice.
10.ACCESS TO YOUR DATA
Investors and Inventors both agree that they will do nothing which
could restrict or inhibit Frendsplus.com access for any examination
following complaint of any services supplied under this agreement.
Investors and Inventors both agree that they will allow Frendsplus.com
full access to any existing information Investors and Inventors both may
hold which relate to our services.
Investors and Inventors both will provide to Frendsplus.com all
information, and documents and anything that we need in order to
complete the provision of services within specified deadlines. We will
not be held responsible in any way for your failure to do this.
11.THE ACCURACY PROVIDED BY BOTH THE INVESTOR AND THE INVENTOR HAS A
RESPONSIBILITY FOR CORRECT LEGAL INFORMATION AND DATA FREE FROM OTHER
COPYRIGHTS
Investors and Inventors both confirm that any data, information,
materials or documents passed presented on Frendsplus.com website have
been checked by Investors and Inventors both as being accurate, suitable
for the use you require and proof-read and that anything which you have
provided us with does not breach any copyright, intellectual property or
the rights of any third party, whatsoever in nature, and is not contrary
to any law.
Investors and Inventors both specifically confirm that they hold the
full copyright of anything that you provide to Frendsplus.com website
(e.g. data, text for insertion, information, documents, logos and any
other content whatsoever) or that you have obtained the copyright owners
permission to use it in the way you have asked us to (e.g. extract from
published document).
Investors and Inventors both agree that all text and graphics will be
provided by Investors and Inventors both in the format. If
Frendsplus.com has to do any work because the information is not in this
format then we reserve the right to charge you an additional amount for
that work.
Investors and Inventors both confirm that Frendsplus.com are not
responsible for any omission, additions, changes, alteration,
typographical, clerical or other error or omission within any
information or documentation or products and/or services supplied
All documentation that Frendsplus.com provide to Investors and
Inventors both, are subject to our copyright and intellectual property
rights and particularly, with notes and information, only those that
Frendsplus.com had given written permission have a restricted personal
licence to use them to participate in changing their set up system. This
means that Investors and Inventors both can not, for example, reproduce
them in any way, Frendsplus.com will specifically provide Investors and
Inventors both with the right to use those documents and Investors and
Inventors both to use the provided infarmation as for referrance.
Investors and Inventors both confirm that that they will not breach
any intellectual property rights, including copyright in so far as
materials, software, information, content and anything whatsoever
supplied to you from Frendsplus.com.
Investors and Inventors both specifically agree that Frendsplus.com
have no liability in respect of this clause and furthermore you will
indemnify us for any loss.
12.THIRD PARTY WEBSITE
Frendsplus.com website has connected to products and services provided
by third parties, such giving legal advice.Investors and Inventors both
accepting their terms and conditions you are also agreeing to comply
with the licence and/or the terms and conditions in relation to any
information or items provided by third parties, Any such information
that is provided on an basis, without warranty and you specifically
agree that Frendsplus.com can not be responsible for any faults,
failures, errors, or issues relating to the information provided by
third party.
13.FRENDSPLUS.COM INTELLECTUAL PROPERTY RIGHTS
Investors and Inventors both agree that all intellectual property
rights of whatever nature in relation to our services, products and
software shall remain ours, other than any third party rights which
shall always remain vested within those third parties.
Investors and Inventors both specifically agree to comply with both
our Intellectual Property Rights and those of any third party in
relation to the services, software,information and products.
Investors and Inventors both agree to immediately notify
Frendsplus.com that if Investors and Inventors both become aware of any
infringement of the Intellectual Property Rights in relation to the
software including any unauthorised use, copying or distribution.
Investors and Inventors both agree to indemnify Frendsplus.com against
all actions, claims, proceedings, damages, costs and expenses arising
from your actual or alleged infringement of intellectual property rights
and that you will notify Frendsplus.com within 3 days of Investors and
Inventors both will knowledge of any such actual or alleged
infringement. If Frendsplus.com wish to, Investors and Inventors both
further agree to allow us to conduct all negotiations and litigation and
confirm that you will provide Frendsplus.com with all reasonable assistance.
14.LICENSE AGREE
Investors and Inventors both agree that Frendsplus.com have a
non-exclusive, worldwide, and royalty-free licence for the Initial Term
and the Renewal Term, if applicable, to edit, modify, adapt, translate,
exhibit, publish, transmit, participate in the transfer of, reproduce,
create derivative works from, distribute, perform, display, and
otherwise use your content as necessary solely for the purposes of
rendering and operating the Services to you under this Agreement.
As for licences or rights passing to you, please refer to clauses 8
and 12.
Investors and Inventors both understand that an Agreement to use our
services and products and that this Agreement does not convey to you any
rights of ownership.
15.DEVELOPMENT CREDIT
You confirm that, unless specifically agreed otherwise, we reserve the
right to include details of the project, including any images to show
the nature of the work, for our use either on our web site or within any
printed portfolio, as an example of our work.
16.SERVICE TIME ESTIMATE
We will use all our reasonable endeavours to complete any supply of
services within any time estimate that we give. However, we will not be
liable for any loss of damage suffered because of any unavoidable or
reasonable delay in completion, including third party involvement and
your failure to deliver items such as documents or information. We will
keep you informed about any delay.
17.BACKING UP YOUR OWN DATA AND INFORMATION
It will always be the Investors and Inventors both remain their
responsibility to retain up to date back-ups of any data in connection
with their web site and it is not our responsibility to retain any
copies are lost.
Frendsplus.com can accept no responsibility whatsoever and will not be
liable for any losses, claims or damages which may arise because data is
not/has not been backed up.
18.LIABILITY DISCLAIMER
To the extent that the law allows we will not be held responsible for
any loss, incidental or consequential damage, or loss arising out of
installation, use (unauthorised or otherwise), errors, mistakes,
accident, theft or fraud, destruction, or any part of the provision of
services.
In the unlikely event that we would be held liable for any losses
occurring as a result of using/failing to use the services or at all,
then such total damages for any loss whatsoever shall be limited, in
relation to any one incident or series of related incidents, to 100% of
the amount paid by you in respect of the agreement under which you claim.
19.YOUR INFORMATION AND DATA PROTECTION
Any services we provide to you may be reliant on information provided
by you, so you are responsible for ensuring that any information you
provide is accurate, correct and up-to-date.
20.CONFIDENTIALITY ON FRENDSPLUS.COM
Frendsplus.com agree that the specifications and documentation and
information relating to this agreement are confidential, including
information obtained about Investors and Inventors both, the
organisations etc and that only the agreed information as appears on the
web site can be disclosed other than as required by Statute or Court Order.
21.FRENDSPLUS.COM AS EXCLUSIVITY RIGHTS
Investors and Inventors both specifically agree that Frendsplus.com
have full and exclusive working rights within the terms of provision of
this agreement and that Investors and Inventors both will not involve
other parties without our specific agreement in writing.
22.AGREEMENT ON ASSIGNMENT
The rights given cannot be transferred, sold, rented or shared in any
way by Investors and Inventors both and nobody else can benefit but the
Investors and Inventors. A copy of this agreement will be admissible in
the case of any dispute or in any proceedings.
Frendsplus.com reserve the right to assign and/or sub-contract all or
any part of the services but if we do this it will not affect both the
Investors and Inventors rights under this agreement.
23.CANCEL OR REMOVE PROJECTS OR OFFER OF INVESTMENTS
You can cancel or withdraw any project or investment offer between the
parties that agreement has not been installed in the orginal agreement
within 30 days.
However, this will not apply in accordance with Regulation 13 of the
above Regulations.
24.COMPLAINTS NOTICES
Frendsplus.com will respond to any queries or complaints within 14
working days. Complaints must be from Nominated Person, where
applicable, and addressed in writing to us at our usual email address
admin@frendsplus.com or a phyiscal address Post Office Box 2592,Newport
Beack,California 92659. If any cause of complaint may amount to a breach
of any term of this Agreement then you must allow us 30 days to remedy
that breach.
Any notices for either party must be in writing to the address which
appears on this Project Agreement.
Notices will be deemed to have been received on the 7th day after
posting using United States Post Office 1st class service provided that
a duly stamped certificate of posting is obtained from the United States
Post Office.
25.INVALIDITY OF EACH CLAUSE
Each clause or any part at all of this agreement is to be regarded as
independent of the others. This means that should any clause or any part
at all of this agreement be found to be unenforceable or invalid it will
not affect the enforceability or validity of the rest of this agreement.
26.CANCELLATION AND BREACHED TERMS
The term of this agreement is during the time of use of any
Frendsplus.com services.
We reserve the right to terminate this agreement
Immediately if you breach any term of this agreement, including any
third party user agreement or if Frendsplus.com refuse to handle your
information or data and material. Investors and Inventors both will not
be entitled to any refund in respect of unused services.
By giving you 30 days notice. In these circumstances we will refund
you for any unused services or pre-paid fees within 30 days of the
service ceasing. However Frendsplus.com will not be responsible for any
liability whatsoever, including any claims, expenses and fees, relating
to the notice period and service ceasing.
If Frendsplus.com do not act upon any breach immediately you should
not assume that Frendsplus.com have waived any rights as to
enforceability or to seek redress, unless we have expressly stated that
in writing.
Other than any rights described in this agreement, Investors and
Inventors both may terminate this agreement at any time giving us notice
of 1 calendar month. However, any monies due under this agreement must
still be paid and we will not make any refund at all, including for any
unused services or pre-paid fees.
28.JURISDICTION
These Terms & Conditions shall be interpreted, construed and
enforced in accordance with United States law and shall be subject to
the exclusive jurisdiction of the United States Courts.
WEBSITE DISCLAIMER BY FRENDSPLUS.COM
On this website, information and images inside the website itself
may include technical inaccuracies and OR typographical errors.
Changes are done (PERIODICALLY) routinely, adding information to the
website within. FRENDSPLUS.COM will make at any time,
improvements and changes herein to the website.Also, without notice,
price changes. FRENDSPLUS.COM makes no claims about
the accuracy of the information provided in the documents and images on
this website for any purpose. All the information and images are given
"AS IS". FRENDSPLUS.COM hereby disclaims all guarantees, warranties and conditions with regard
to
the information within this website may provide to customers, also
includes any implied guarantees,warranties and conditions of
merchantability, its fitness for any particular purpose, of any title
and non-infringement. In no case will FRENDSPLUS.COM be liable for any kind of damage resulting from any cause or
reason, arising out of or in connection with the use or performance of
the information available on this website. You are allowed to use this Web site as permitted,
for only non-commercial or personal use and should not be copied or
posted on any network or broadcast in any media forum, and no changes
to any part in this website materials are to be made. Do not
use for any other purpose is prohibited by law, and may result in civil
and criminal penalties.
The Permission to use this website specified above does not extend to the
design or layout of the FRENDSPLUS.COM
Website or any other FRENDSPLUS.COM owned,
operated, licensed or controlled website. The information provided by
FRENDSPLUS.COM IS A SUBSITARY OF D&D BROWN MARKETING AND SALES SERVICE are protected by
copyright and other trade laws and may not be copied in whole or in
part. No logo, graphic, sound or image from any FRENDSPLUS.COM Web site may be copied or retransmitted.
EXCEPT OR DECLINE