Latest Revisions: April 4, 2017
- DESCRIPTION OF SITES, SERVICES, AND SOFTWARE
- ACCEPTANCE OF TERMS; CHANGES TO TOU
- YOUR LICENSE TO USE THE SERVICES
- POSTINGS TO THE SERVICES
- MODIFICATIONS TO THE SERVICES
- DEALINGS WITH ADVERTISERS OR THIRD PARTY VENDORS
- LINKS; CO-BRANDING
- LIMITATION OF LIABILITY
- TRADEMARK INFORMATION
- CHOICE OF LAW AND FORUM
- SEVERABILITY; ENGLISH LANGUAGE
- LOCATION OUTSIDE THE U.S.
- ENTIRE AGREEMENT
1. DESCRIPTION OF SITES, SERVICES, AND SOFTWARE
friendus.com is a questions and friendus site. It is supported and grown by a community of users collaboratively creating a vast Q&A database based on a "wiki" model (the "Wikifriendus Service"). The site also provides users with access to a rich collection of resources, including but not limited to, dictionaries, encyclopedias, atlases, glossaries, thesauri and other reference works, collectively known as Referencefriendus. (friendus.com's Wikifriendus Service and Referencefriendus component are collectively referred to as the "Service".) Please note that the Service includes information and software provided from our third party licensors. Unless explicitly stated otherwise, any modifications, updates, new features, or enhancements to the Service are also subject to the TOU.
2. ACCEPTANCE OF TERMS; CHANGES TO TOU
friendus provides the Service to you subject to the following TOU, which may be updated by us from time to time in our sole discretion. Each time changes are made to the TOU, a revised TOU will be posted on the Site. Your continued use of the Service, or any part thereof, following the posting of changes constitutes your acceptance of such changes. If you do not wish to be bound by the TOU, you should discontinue your use of the Service.
3. YOUR LICENSE TO USE THE SERVICES
friendus grants you a personal, non-exclusive, non-transferable, revocable license to use the Service, including the Site and Software. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Service, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of friendus and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Except as otherwise expressly permitted in this Agreement, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, except as otherwise permitted by applicable law; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Service. You may not access the Service by any means other than through the interface that is provided by friendus. Furthermore, you may not use the Service in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not access the Service in an automated manner by use of "spiders", "robots" or otherwise), nor may you use the Service in any manner that could interfere with any other party's use and enjoyment of the Service. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Service. All commercial and/or unauthorized use of the Service is strictly prohibited. You agree not to use or resell the Service for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
The Service remain at all times the sole property of friendus or its third party licensors, and its use is subject to the copyright and trademark notices that are found here. All rights in the Service not expressly granted to you by friendus under the TOU are retained by friendus.
Additionally, notwithstanding anything set forth in this Section 3 of the TOU, please note that all Wikipedia content is licensed under the Creative Commons Attribution-Share Alike License (see http://creativecommons.org/licenses/by-sa/3.0/ for details).
5. POSTINGS TO THE SERVICES
The Service may permit you to post, submit, transmit, email, or otherwise make available questions, friendus, comments, images, videos or other information (collectively, "Postings".) You may only submit Postings that you created or that you have permission to submit and that do not violate copyright, trademark, or any other rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known.
You may not upload, post, submit, email, transmit, or otherwise make available any Postings that (i) contain falsehoods or misrepresentations that could damage friendus or any third party; (ii) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) contain advertisements, solicitations of business or spam; (iv) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (v) collect or store personal information about others or otherwise invade their privacy; or (vi) impersonate another person or forge headers or use any other method to disguise the true origin of the Posting. Additionally, you may not submit any Postings that violate the TOU.
You acknowledge that friendus is not obligated to pre-screen content submitted by members, but that friendus shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via friendus by any user that violates the TOU or is otherwise objectionable.
friendus respects the intellectual property of others and asks you to do the same. friendus may, in appropriate circumstances and at its sole discretion, terminate your right to use the Service for any reason, including, but not limited to, if you are a repeat infringer. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please see Notice of Claims of Intellectual Property Violations and Agent for Notice.
6. MODIFICATIONS TO THE SERVICE
friendus reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that friendus shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
7. DEALINGS WITH ADVERTISERS OR THIRD PARTY VENDORS
friendus may include advertisements on the Service, which are necessary for friendus to provide the Service to its users free of charge. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Service, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You agree that friendus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Service.
8. LINKS; CO-BRANDING
Anyone linking to the Service must comply with the following guidelines and all applicable laws: A site that links to any Service (i) may link to but not replicate the Service's content; (ii) should not create a browser or border environment around any Service's content; (iii) should not imply that friendus is endorsing it or its products; (iv) should not misrepresent its relationship with friendus or the Service; (v) should not present false information about friendus or the Service; (iv) should not use any friendus' trademarks, trade names, or logos without permission from friendus; and (vi) should not contain content that is reasonably considered profanity, defamatory, vulgar, or otherwise unlawful.
WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE SERVICE. ADDITIONALLY, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. friendus, AND ITS THIRD-PARTY LICENSORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT.
friendus, ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. NEITHER WE, NOR OUR LICENSORS OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE SERVICE. THE SERVICE MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SERVICE.
YOU SHOULD NOT USE THE SERVICE FOR EMERGENCY PURPOSES OR TO SEEK OR PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL, PSYCHOLOGICAL OR OTHER PROBLEMS OR DIFFICULTIES, OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, TAX, LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. THE ENTIRE RISK FOR USE OF THE SERVICE IS BORNE BY YOU.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO A PORTION OF THE FOREGOING MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THE MINIMUM PERIOD PERMISSIBLE UNDER APPLICABLE LAW.
10. LIMITATION OF LIABILITY
NONE OF THE LICENSORS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE SERVICE IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER WE NOR OUR LICENSORS OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE SERVICE AND/OR ANY MATERIAL LINKED THROUGH THE SERVICE. UNDER NO CIRCUMSTANCES WILL friendus', OR friendus' LICENSORS', DIRECT LIABILITY ARISING OUT OF USE OF THE SERVICE EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID friendus FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU.
You agree to indemnify and hold friendus, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys' fees and costs of litigation, arising from (i) your Postings or other content you submit, post, transmit, email, or otherwise make available through the Service, (ii) your use of or reliance on the Service, (iii) your connection to the Service, (iv) your violation of the TOU, or (v) your violation of any rights of another party.
12. TRADEMARK INFORMATION
The friendus.com and other Service names, trademarks and logos are trademarks of friendus or its third-party licensors. Without our written prior permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of friendus. The trademarks, logos, and service marks not owned on behalf of friendus and that are displayed on the Service are the registered or unregistered marks of their respective owners. No rights are granted by friendus to use such marks, whether by implication, estoppel, or otherwise.
13. CHOICE OF LAW AND FORUM
The TOU and the relationship between you and friendus shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and friendus agree to submit to the personal and exclusive jurisdiction and forum convenience of the federal and state courts located in New York, New York.
14. SEVERABILITY; ENGLISH LANGUAGE
If any provision in the TOU should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOU if no such modification is possible, and the other provisions of the TOU shall remain in full force and effect. The controlling language of the TOU is English. If you have received a translation into another language, it has been provided for your convenience only.
The headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU.
16. LOCATION OUTSIDE THE U.S.
If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Service, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the TOU enforceable.
17. ENTIRE AGREEMENT
The TOU constitute the entire agreement between you and friendus and govern your use of the Service, superseding any prior agreements between you and friendus. Please note, however, that Service may have additional or different terms related specifically to such Service only ("Service Terms"). The Service Terms are in addition to the general terms and conditions in the TOU. If there is any conflict between the TOU and the Service Terms, the Service Terms will govern with respect to that particular Service. Some terms contained in the TOU may not be applicable to a particular Service, in which case, such inapplicable terms will not apply to you with respect to that particular Service.
Latest Revisions: April 4, 2017
What We Track:
Every computer connected to the Internet is given a domain name and a set of numbers known as the "Internet Protocol" IP address. Like most web servers, when a visitor requests a page from the Site, our servers automatically recognize and log his/her domain name and IP address, along with the access times, referring web sites, platform, and browser type. The information collected is not personally identifiable (as described here) and is used only to provide statistics about usage of the Site in the aggregate to improve the quality of the Site and Services, to better understand how people interact with us, to deliver advertising and measure its effectiveness, to provide advertisements about goods and services that may be of interest to you, or to cooperate with law enforcement. We may use third party contractors to collect and aggregate such information.
Additionally, please note that none of the Services include "spyware," meaning the Services do not run any background processes that report information about your software or hardware configuration or your web browsing or purchasing habits.
How We Track It:
The Site and Services use either cookies and/or registry settings on your computer to store user information. A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. Additionally, some ad networks may use web beacons in conjunction with cookies to compile aggregate statistics about usage on the Site. A web beacon is a transparent image, typically in GIF format that can recognize certain types of information on a visitor's computer, such as a visitor's cookie number, time and date of page view, and a description of the page where the web beacon is placed.
You may disable cookies on your web browser, thereby also rendering some web beacons unusable. You can use the Site and Services even if cookies are disabled, but this may impact our ability to adapt any of the Site or Services according to your preferences.
Personally Identifiable Information:
In accordance with the United States' Children's Online Privacy Protection Act of 1998, as amended, we do not knowingly collect personally identifiable information from anyone under the age of 13.
Information Sharing and Disclosure:
In addition to using the anonymous identifying information that we track for internal purposes in the manner described here, this information may also, on an aggregate basis, be shared with and used by third parties with which we have contracted (e.g., our third-party content providers and licensees of friendus' services). Furthermore, in addition to friendus providing its own advertising, friendus uses third-party advertising companies and networks to serve ads when you visit the Site. These companies and networks include, among others, third party ad servers, ad agencies, ad technology vendors, and research firms. These companies and networks may use information (not including your name, address, email address, or telephone number) about your visits to the Site in order to provide advertisements about goods and services of interest to you. In the course of serving advertisements to the Site, our ad networks may place or recognize a unique "cookie" on your browser or use a "web beacon." An example of such ad network is Google, Inc. If you would like more information about this practice and to know your choices about not having this information used by Google, click here. For information on the Site's use of Microsoft Advertising, click here. To opt out of targeted advertising from Microsoft Advertising, click here.
Certain third-party ad network providers may use web beacons and cookies to help present, better target, and measure the effectiveness of their advertisements, using non-personally identifiable data (such as sites visited and browser type) gathered over time and across their networks of Web pages to determine or predict the characteristics and preferences of their audience. This is also known as online behavioral advertising. An example of such ad network serving advertisements on our site is AOL/Ad.com, a member of the Network Advertising Initiative. Other examples are Microsoft Advertising, whereby data collection by or on behalf of Microsoft is taking place in connection our services agreement with 24/7 Media US, Inc. as well as by or on behalf of 24/7 Media itself. If you would like more information about this practice, as well as your choices about not having this information used for online behavioral advertising by these ad networks, click here: http://networkadvertising.org/consumer/opt_out.asp.
Personally Identifiable Information:
We do not rent or sell your personally identifying information to any third parties, unless we have your consent. We may disclose your personally identifying information, however, in any of the following limited circumstances (i) if we have your consent; (ii) to our external service providers when necessary in order to facilitate, provides services to, and evaluate the Site and Services; and (iii) if we conclude that we are required by law or have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of friendus, its users or the public. Additionally, we may transfer personally identifiable information in the event of a transfer of ownership of friendus or any of the Site and/or Services, such as acquisition by or merger with another company.
Links and Co-Branded Sites:
Changes to This Privacy Statement:
Questions or Suggestions:
Read more: http:/page/legal_notices
Notice of Claims of Intellectual Property Violations and Agent for Notice
It is the policy of Multiply Media, LLC “(Multiply”) to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (http://lcweb.loc.gov/copyright/legislation/dmca.pdf) (the "DMCA"), Multiply has designated an agent (specified below) to receive Notifications of Claimed Copyright Infringement on its sites.
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Multiply’s Copyright Agent with the following information in accordance with the DMCA:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on any of Multiply’s sites or services, with enough detail that we may find it on our web site;
- 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 or intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Multiply's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Multiply Media, LLC
6665 Delmar Blvd., Ste. 3000
Saint Louis, MO, 63130
Telephone: 314-664-2010 ext 119