FriendPC Terms of Service

FriendPC’s Terms of Service Last Update: December 2019

Welcome to FriendPC.com.

The following terms and conditions (these “Terms of Service”), govern your access to and use of the FriendPC website, including any content, functionality and services offered on or through www.FriendPC.com (the “Site”), by FriendPC.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy. 

If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the FriendPC services.

By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Key Terms

Virtual Friends are users who offer and perform services on FriendPC.

Subscribers are users who purchase services on FriendPC.

Extra Services are additional services offered on top of the Subscriber’s Service for an additional price defined by the Virtual Virtual Friend.

Virtual Friend Packages allow Virtual Friends to upgrade from a Subscriber to a Virtual Virtual Friend who can post Listings on FriendPC.

Service Page is where the Virtual Virtual Friend can describe their Service and the Listing terms, and the Subscriber can purchase the Service and create an order.

Services® are Listing services offered on FriendPC.

Payment Services Provider(s) are service providers that provide payment services to Virtual Friends and Subscribers in connection with the FriendPC platform, including with respect to collection of funds from Subscribers in connection with the purchase of Services, remittance and withdrawal of funds to Virtual Friends in connection with completed Services, and the holding of funds in connection with Sales Balances and Shopping Balances.

Revenue is the money Virtual Friends earn from completed orders.

Sales Balance is cleared revenue from completed orders for Virtual Friends to withdraw or use to purchase Service.

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on FriendPC. Registration is free.

• Services® on FriendPC may be offered at a base starting price of the Virtual Virtual Friend desires.

• Subscribers pay FriendPC in advance to create an order.

• Virtual Friends must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Virtual Friends’ reputation and status.

• Users may not offer or accept payments using any method other than placing an order through FriendPC.com.

• Subscribers are granted all rights for the delivered work, unless otherwise specified by the Virtual Virtual Friend on their Service page. Note: some Services charge additional payments (through Extra Services).

• FriendPC retains the right to use all published delivered works for FriendPC marketing and promotion purposes.

• We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

FRIENDPC IS NOT A DATING SERVICE. THE PURPOSE OF THE SERVICE IS TO PROVIDE A PLATFORM FOR PLATONIC, NON- SEXUAL, NON-ROMANTIC RELATIONSHIPS BETWEEN MEMBERS. THE SERVICE MAY NOT BE USED TO SOLICIT OR CREATE SEXUAL OR PHYSICAL CONTACT BETWEEN MEMBERS, OR IN ANY WAY WHICH OTHERWISE VIOLATES APPLICABLE LAW AND/OR THESE TERMS OF USE. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IN VIOLATION OF THIS PROVISION MAY RESULT IN A VARIETY OF PENALTIES, INCLUDING WITHOUT LIMITATION REVOCATION OF YOUR ACCESS TO THE SERVICE.

Virtual Friends

Basics

• Virtual Friends create Listings® on FriendPC to allow Subscribers to purchase their services.

• If an order is cancelled (for any reason), the funds paid will be refunded to the Subscriber’s Shopping Balance. Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 7 days after the order is marked as complete.

• The Virtual Virtual Friend’s rating is calculated based on the order reviews posted by Subscribers. High ratings allow Virtual Friends to obtain advanced Virtual Virtual Friend levels. In certain cases, exceedingly low ratings may lead to the suspension of the Virtual Virtual Friend’s account.

• For security concerns, FriendPC may temporarily disable a Virtual Virtual Friend’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Subscribers, or associating multiple FriendPC accounts to a single withdrawal provider.

• Virtual Friends are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Virtual Friends represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Listing price shown on the Service page is inclusive of all such taxes and charges that may apply to the Virtual Friends.

• Appointment as Limited Payment Collection Agent: Seller hereby appoints FriendPC as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Subscriber, and remitting those payments to Virtual Virtual Friend. Virtual Virtual Friend agrees that payment from Subscriber to FriendPC shall be considered the same as payment made directly to Virtual Virtual Friend. Subscriber’s payment obligation to Virtual Virtual Friend will be satisfied upon receipt of payment by FriendPC (or its Payment Services Provider, as applicable), and FriendPC (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Virtual Virtual Friend in the manner described in these Terms of Service. In the event that FriendPC (via Payment Services Provider) does not remit any such amounts to Virtual Virtual Friend, the Subscriber will have recourse only against FriendPC and not the Subscriber directly. Virtual Virtual Friend agrees that FriendPC may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Subscribers that FriendPC may deem necessary or prudent.

• FriendPC partners with Payment Services Providers for purposes of collecting Service-related payments from Subscribers, transferring such payments from Subscribers to Virtual Friends, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the FriendPC platform are performed by FriendPC’s Payment Services Providers.

Services®

• Virtual Friends are allowed to post a select amount of active Services based on their Level status.

  • 10 Listings a month for Virtual Friends with a Best Virtual Friend account.

  • 5 Listings a month for Virtual Friends with a Basic Virtual Friend account.

  • 1 Listing for Virtual Friends with a Starter Virtual Friend account.

• Services may be removed by FriendPC for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:

  • Illegal or Fraudulent services

  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported.

  • Adult oriented services, Pornographic, Inappropriate/Obscene

  • Intentional copies of Services

  • Spam, Nonsense, or Violent Services

  • Services misleading to Subscribers

  • Reselling of regulated goods

  • Offering to prepare academic works on behalf of Subscribers

  • Services that extend beyond 30 days of service duration

  • Exceedingly low-quality Services

• Services that are removed for violations mentioned above, may result in the suspension of the Virtual Virtual Friend’s account.

• Services that are removed for violations are not eligible to be restored or edited.

• Services may be removed from our Search feature due to poor performance and/or user misconduct.

• Services may include pre-approved website URLs contained within the Service description and requirements box. Services containing websites promoting content, which violates FriendPC’s Terms of Service, will be removed.

• Services are required to have an appropriate Service image related to what’s offered. An option to upload two additional Service images are available to all Virtual Friends. Virtual Friends must deliver the same quality of service as shown on their Service images.

• Virtual Friends may contain an approved Service Video uploaded through the Service management tools available on FriendPC.

• Statements on the Service Page that undermine or circumvent these Terms of Service is prohibited.

Extras Services

• Extra Services are additional services offered on top of the Virtual Virtual Friend’s Listings for an additional price defined by the Virtual Virtual Friend.

• Extra Services may be removed for violations of our Terms of Service. Services are subject to be removed due to violations found in Extra Services.

• Services offered through Extra Services must be related to the base service and part of the deliverables on the order.

• Extra services may cover different categories of services that are components to a higher quality delivered service.

• Virtual Friends have the option to extend the duration of an order for each Extra Service that is added to the order. This is to cover the time needed to complete the extra service.

Virtual Virtual Friend Features

FriendPC Virtual Friends have access to several exclusive features that help customize the way their services can be offered.

Withdrawing Revenues

• To withdraw your revenue, you must have an account with at least one of FriendPC’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with FriendPC’s Payment Services Provider. All payment services, including withdrawal services will be provided by FriendPC’s Payment Services Provider.

• Your FriendPC profile can be associated with only one account from each FriendPC withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one FriendPC profile.

• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 7 days after the order is marked as complete.

• To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process

• Withdrawals can only be made in the amount available to you.

• Withdrawal fees vary depending on the withdrawal method.

• Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.

 

Subscribers

Basics

• You may not offer direct payments to Virtual Friends using payment systems outside of the FriendPC Order system.

• FriendPC retains the right to use all publicly published delivered works for FriendPC marketing and promotional purposes.

Purchasing

• Subscribers pay FriendPC to create an order from a Seller’s Service page using the Order Now button. FriendPC partners with Payment Services Providers for purposes of collecting Service-related payments from Virtual Friends, transferring such payments from Subscribers to Virtual Friends, and holding funds in connection with Shopping Balances. All payments services in connection with the collection of funds on the FriendPC platform are performed by FriendPC’s Payment Services Providers.

• FriendPC serves as Virtual Virtual Friend’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Subscriber, and remitting those payments to Virtual Virtual Friend. Subscriber’s payment obligation to Virtual Virtual Friend will be satisfied upon receipt of payment by FriendPC (or its Payment Services Provider, as applicable), and FriendPC (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Virtual Virtual Friend in the manner described in these Terms of Service. In the event that FriendPC (via Payment Services Provider) does not remit any such amounts to Virtual Friend, the Virtual Friend will have recourse only against FriendPC and not the Subscriber directly.

• Services may be purchased using one of the following payment methods: Credit Card or PayPal.

• Service fees are added at the time of purchase where a Subscriber can review and accept the total amount requested to pay. These fees cover administrative fees.  Shopping Balance (resulting from any credits or refunds) you will not be charged a service fee. Service fees are non-refundable.

• In certain locations we may charge Subscribers in their local currency. Subscribers should note, however, that the Services’ local pricing is derived from converting their original US$ price and, therefore, local currency prices may change daily in accordance with exchange rates fluctuations and may include currency conversion fees.

• You may not offer Friends to pay, or make payment using any method other than through the FriendPC.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.

• To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either FriendPC or FriendPC’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments. FriendPC is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider.

• By using any payment method and/or providing payment details for making purchases on FriendPC, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on FriendPC; and (d) such actions do not violate any applicable law.

Taxes

Subscribers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to the Service price shown on the Service page.

Subscribers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

Orders

Basics

• Once payment is confirmed, your order will be created and given a unique FriendPC order number (#FO).

• Friends must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Service.

• Using the Deliver Work button may not be abused by Friends to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the Seller’s rating and result in a warning to Seller.

• An order is marked as complete after the order is marked as Delivered and then rated by a Subscriber. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.

• We encourage our Subscribers and Friends to try and settle conflicts among themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact FriendPC’s Customer Support department for assistance.

Handling Orders

• When a Subscriber orders a Service, the Virtual Friend is notified by email as well as notifications on the site while logged into the account.

• Friends are required to meet the delivery time they specified when creating their Services. Failing to do so will allow the Subscriber to cancel the order when an order is marked as late and may harm the Virtual Friend’s status.

• Users are responsible for scanning all transferred files for viruses and malware. FriendPC will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Reviews

• Feedback reviews provided by Subscribers while completing an order are an essential part of FriendPC’s rating system. Reviews demonstrate the Subscriber’s overall experience with the Friends and their service. Subscribers are encouraged to communicate to the Virtual Friend any concerns experienced during their active order in regards to the service provided by the Virtual Friend.

• Leaving a Subscriber’s feedback is a basic prerogative of a Subscriber. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.

• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the FriendPC platform from users within our Community. Purchases arranged, determined to artificially enhance Virtual Friend ratings, or to abuse the FriendPC platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.

• Feedback comments given by Subscribers are publicly displayed on a Virtual Friend’s Profile page. Subscribers have the option not to include a comment, but still rate the service.

• Responding and posting a review: Once work is delivered, the Subscriber has three days to respond. If no response is provided within the response period, the order will be considered completed.

• Users are allowed to leave reviews on orders up to 10 days after an order is marked as complete. No new reviews may be added to an order after 10 days.

• Friends may not solicit the removal of feedback reviews from their Subscribers through mutual cancellations.

 

Disputes and Cancellations

We encourage our Subscribers and Friends to try and settle conflicts among themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact FriendPC’s Customer Support department for assistance.

Basics

• Order cancellations can be performed on FriendPC, when eligible, by Customer Support or through the Resolution Center per order.

• Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

• In the event that a Subscriber or Virtual Friend encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.

• FriendPC, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

• All transfer and assignment of intellectual property to the Subscriber shall be subject to full payment for the Service and the delivery may not be used if payment is cancelled for any reason.

• If an order is cancelled (for any reason), the funds paid will be refunded to the Subscriber’s Shopping Balance.

• Revisions to deliveries can be performed by Friends based on their Listing and customer care. Friends may determine the amount of revisions offered to Subscribers, including no revisions.

• Requests for revisions can be performed through the Order page while the order is marked as Delivered.

• Requesting to gain more services from Friends beyond the agreed requirements by using the Request Revisions button is not allowed.

 

Order Cancellations

• FriendPC encourages Subscribers and Friends to resolve service disputes mutually using the Resolution Center.

• Eligibility for requests to FriendPC to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the FriendPC delivery system. See below for Order specific eligibility.

• Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially canceled (i.e. we can only cancel the entire order when it is justified).

• Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Virtual Friend if the service was rendered as described in the Service page. Subscribers may rate their experience with the Virtual Friend on the order page, including the overall level of service quality received.

• Subscribers must use FriendPC Resolution Center to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Subscriber failed to inform their Virtual Friend of issues related to the Virtual Friend’s service and will allow Virtual Friend to provide a resolution first. This does not include non-permitted usage of FriendPC.

• Any non-permitted usage of FriendPC encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to FriendPC’s Terms of Service.

• FriendPC Customer Support will cancel orders based on, but not limited to, the following reasons:

  • Active Orders (after the Subscriber submits their requirements and before the Virtual Friend delivers on FriendPC)

    • The Virtual Friend is late and unresponsive for more than 24 hours while the order is marked as Late.

    • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.

    • Users supplied or included copyright/trademark infringing materials as part of the Subscriber requirements or the Virtual Friend’s delivery.

    • The user is no longer an active FriendPC user due to Terms of Service violations or closure of their account.

  • Delivered Orders (after the Virtual Friend clicks Deliver Now and before the order is marked as complete)

    • The Virtual Friend uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Subscribers. Note: Multiple reported offenses will result in permanent suspension of your account.

    • The Virtual Friend requests additional payments, on or off the FriendPC platform, by withholding the final delivery of services directly related to the agreed requirements.

    • The Virtual Friend is withholding the final delivery of services for improved ratings.

    • Subscribers who abuse the Request Revisions button to gain more services from Friends beyond the agreed requirements.

    • Subscribers who threaten to leave a damaging review to gain more services from the Virtual Friend not related to the agreed requirements.

  • Completed Orders (after the order is marked as complete and before the 14 day limitation) apologizes uncanny

    • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.

    • Subscribers who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use is found on the Virtual Friend’s Gig page and cannot be retroactively included once the order is completed for over 14 days.

    • FriendPC Customer Support will review cases of Order delivery manipulation that prevents Subscribers and Friends from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

• FriendPC does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Subscriber’s balance as credit and are available for future purchases on FriendPC. Funds returned to your balance from cancelled orders will not include service fees paid.

• Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any service fees were added at the time of purchase to create a new order, the service fees from that payment will not be refunded along with your deposit.

 

User Conduct and Protection

FriendPC enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on FriendPC reflect the diversity of an expanding Service economy. Members of the FriendPC community communicate and engage through orders, social media, and on FriendPC’s Community Forums.

FriendPC maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of FriendPC. This section relates to the expected conduct users should adhere to while interacting with each other on FriendPC.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.

Basics

• FriendPC does not provide any guarantee of the level of service offered to Subscribers. You may use the dispute resolution tools provided to you in the order page.

• Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

• FriendPC is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

• Users may not submit proposals or solicit parties introduced through FriendPC to contract, engage with, or pay outside of FriendPC.

Orders

• Users with the intention to defame competing Friends by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.

• Users are to refrain from spamming or soliciting previous Subscribers or Friends to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

• FriendPC reviews cases of payment provider charge backs and disputes on behalf of Friends. Although results vary per case due to each charge back reason, we work hard on resolving disputes in the Virtual Friend’s favor. If the charge back case allows, FriendPC (or one of FriendPC’s Payment Services Providers) will return parts or full revenue back to Virtual Friend.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography

FriendPC does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language

Communication on FriendPC should be friendly, constructive, and professional. FriendPC condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam

FriendPC takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.

Authentic FriendPC Profile

You may not create a false identity on FriendPC, misrepresent your identity, create a FriendPC profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. FriendPC reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims.

FriendPC will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use. 

You may not use FriendPC for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts.

To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the FriendPC community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to FriendPC’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse. 

We do not tolerate users who engage in targeted abuse or harassment towards other users on FriendPC. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell FriendPC accounts.

General Terms

• FriendPC reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.

• Violation of FriendPC’s Terms of Service may get your account disabled permanently.

• Users with disabled accounts will not be able to sell or buy on FriendPC.

• Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

• Users have the option to enable account Security features to protect their account from any unauthorized usage.

• Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

• Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to FriendPC’s approval.

• Disputes should be handled using FriendPC’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting FriendPC Customer Support.

• FriendPC may make changes to its Terms of Service from time to time. When these changes are made, FriendPC will make a new copy of the terms of service available on this page.

• You understand and agree that if you use FriendPC after the date on which the Terms of Service have changed, FriendPC will treat your use as acceptance of the updated Terms of Service.

User Generated Content

Furthermore, FriendPC is not responsible for the content, quality or the level of service provided by the Friends. We provide no warranty with respect to the Services, their delivery, and any communications between Subscribers and Friends. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Service offers.

By offering a service, the Virtual Friend undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on FriendPC. Friends advertising their Service online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service and may lead to the suspension of Virtual Friend’s account.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FRIENDPC NOR ANY PERSON ASSOCIATED WITH FRIENDPC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation; however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Limitation on Liability

IN NO EVENT WILL FRIENDPC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, FRIENDPC AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with FriendPC, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

Eligibility

In order to use the Service, you must meet the following requirements: (i) you must be at least eighteen (18) years of age; (ii) you must never have been convicted of a felony, (iii) you must not have, at any time, been registered as a sex offender, anywhere in the world. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

The Service is also not available to any users who have been previously removed or suspended from the Service.

By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Terms of Use and to abide by all of the terms and conditions of this Terms of Use.

Commercial Use of Service. 

Use of the Service for commercial purposes is strictly prohibited. Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames, phone numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email; soliciting Members for networking or commercial purposes; offering goods or services for sale to other Members; unauthorized framing of or linking to the Websites; engaging in any commercial activities, including without limitation any sales, advertising, promotions, contests, or sweepstakes; engaging in any conduct that restricts or impairs any individual’s use of the Service; sharing or disclosing your username or password to any third party or permitting any third party to access your account; attempting to impersonate another user or person; use of the Service in any fraudulent or misleading manner; engaging in any conduct that, in FriendPC’s sole and absolute discretion, exposes FriendPC or any of its users to liability; using the Service to exploit or harm minors, or attempt to do so, including without limitation by exposing such minors to inappropriate content; any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like; interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service; impersonating, or attempting to impersonate, FriendPC or any of its employees or affiliates; impersonating, or attempting to impersonate, another user or any other person or entity; and using the Service in a manner inconsistent with any and all applicable laws and regulations.

Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of FriendPC, which may be revoked at any time, for any reason, in FriendPC’s sole discretion.

You may link to FriendPC’s homepage; however, you must do so in a way which is legal and which does not damage FriendPC’s reputation or imply an approval or endorsement from, or association with, FriendPC.

Account Creation and Security. 

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify FriendPC of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

FriendPC will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your FriendPC account.

In creating and maintaining your account, you agree to provide accurate information to us at all times. In the event that you discover that you have provided inaccurate or misleading information, you agree to immediately correct such information. If you use an alias as your account name, you agree not to use an alias that is vulgar, defamatory, offensive, or that violates any third party’s intellectual property rights or otherwise violates these Terms of Use or the FriendPC Privacy Policy.

 

Your Use of the Service

1. You must not copy or capture, or attempt to copy or capture, any content from the Websites or Service, unless given express permission by FriendPC.

   b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Websites and/or Service.

   c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.

   d. You must not post any content that solicits, or is designed to solicit, money or services from other Members.

   e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.

   f. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.

   g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites.

   h.You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Websites.

   i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

   i.   any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in FriendPC’s sole and reasonable discretion;

   ii.   any nude or sexually suggestive photographs;

   iii.  any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

   iv.  any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in FriendPC’s sole and reasonable opinion;

   v.   any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user’s use and enjoyment of the Service;

   vi.  any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation; or

   vii. impersonates another person or contains photographs, images, or audio of another person without that person’s permission or, if the person is a minor, the minor’s legal guardian.

2. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

   k.You must not rent, sell or lease access to the Service, or any content on the Websites.

   l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

   m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any FriendPC employee. If FriendPC determines that any user has threatened, stalked, harassed, or verbally abused any FriendPC employee or another FriendPC Member, FriendPC reserves the right to immediately terminate that user’s membership and suspend access to the Service.

   n. You must not sell or transfer, or offer to sell or transfer, any FriendPC account to any third party without the prior written approval of FriendPC.

   o. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

   p. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by FriendPC; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of FriendPC’s servers, system or network or attempt to breach FriendPC’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking FriendPC’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of FriendPC under these Terms of Use, FriendPC reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that FriendPC has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

FriendPC is a Marketplace; Limitation of Liability

Subscribers may sign up for a membership to the Service free of charge, and pay Virtual Friends on the website for their Services. Virtual Friends can sign up for a membership and earn money by acting as Virtual Friends to Subscribers.

If a Member contacts or solicits you in a manner which violates this provision, these Terms of Use, applicable law, and/or which makes you feel uncomfortable in any manner, please contact us immediately.

You acknowledge and agree that FriendPC is not a party to any agreement between you and another Member, and that we are not liable to you for any loss incurred as the result of a Member’s acts or omissions, including without limitation failure to communicate, breach of contract, physical injury, death, emotional distress, property damage, conversion, fraud, negligence, and intellectual property violations.

You are solely responsible for your own conduct in using the Service and interacting with other Members. You acknowledge and agree that FriendPC does not verify its Members’ statements or conduct background checks, credit checks, or other inquiries into its Members’ backgrounds. We cannot verify the veracity of any statements made by our Members.

Notwithstanding the foregoing, FriendPC reserves the right, but is not obligated, to conduct any background check, sex offender check, or other search or screening, using available public records, in its sole discretion.

If you decide to meet a Member outside of the Service, you acknowledge and agree that you are solely responsible for taking all necessary safety precautions. You should not give another Member any sensitive personal information, including without limitation financial information, your address, your social security number, or other information which could compromise your safety or financial well-being.

FriendPC cannot guarantee the true identity, age, and nationality of any of its Members. FriendPC encourages you to communicate directly with Members through the tools available on the Websites.

FRIENDPC DOES NOT CONDUCT BACKGROUND CHECKS ON ANY OF ITS MEMBERS. IT IS SOLELY YOUR RESPONSIBILITY TO PROTECT YOURSELF. 

Members Contacting Friends

As a Subscriber on the Service, your membership will be 100% free. In order to register as a Virtual Friend, you must provide your alias, email address, phone number, and other personal data including photographs and other personal information.

You acknowledge and agree that any personal information you post on your account or Listing may be provided to Subscribers on the Service, and that Subscribers may use this information to contact you.
Subscribers may also choose to contact you using the Service’s messaging system. Subscribers will not have access to your email address unless you provide it to them willingly.

In the event that Members encounter a dispute that they cannot resolve among themselves, FriendPC will make reasonable efforts to help you reach a resolution. However, we cannot guarantee that we will be able to do so, and we cannot make any judgment or determination about the facts or law pertaining to the dispute. You acknowledge and agree that FriendPC is not under any obligation to help you resolve a dispute.

Although we sincerely hope that you connect with other Members using the Service, you acknowledge and agree that we do not guarantee or promise that you will be compatible with any other Member. Each Member’s success using the Service is dependent on a number of factors, many of which are out of FriendPC’s and/or the relevant Member’s control, and FriendPC cannot guarantee results to any Member.

No Employment or Agency Relationship.

You acknowledge and agree that these Terms of Use, and the Privacy Policy, do not create any employment, agency, partnership, or joint venture relationship between you and FriendPC.

You Bear Risk of Upload.

FriendPC uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, FriendPC cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will FriendPC be liable for any copying or usage of Your Content not authorized by FriendPC.

You hereby release and forever waive any claims you may have against FriendPC for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY FRIENDPC HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

FriendPC may, in our sole discretion, remove any content posted on the Service, for any reason or no reason whatsoever. Notwithstanding the foregoing, we are not obligated to monitor content uploaded to the Service and we do not guarantee that we will remove any content that violates these Terms of Use or is illegal or otherwise objectionable.

FriendPC reserves the right, in our sole discretion, to limit the quantity or method of communications that you may send to other Members within a set period of time.

Without limiting the foregoing, FriendPC has the right to cooperate fully with any court or law enforcement agency or authority ordering or requesting that we disclose the identity of, or any other information about, anyone posting any materials on or through the Websites or Service. YOU AGREE TO WAIVE AND HOLD HARMLESS FRIENDPC, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES, DURING, IN RESPONSE TO, OR AS A RESULT OF, ITS INVESTIGATIONS, AS WELL AS FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS, WHETHER BY SUCH PARTIES OR BY A COURT OR LAW ENFORCEMENT AGENCY OR AUTHORITY.

Notwithstanding the foregoing, FriendPC cannot and does not undertake to review all materials before they are posted on the Websites or Service. FriendPC cannot ensure that objectionable material will be promptly removed after it has been posted.

FriendPC assumes no liability for any action or inaction taken by us or any of our affiliates, licensees, and/or service providers, regarding content, communications, or transmissions from or by any user or third party. FriendPC has no liability or responsibility to anyone for performance or nonperformance of the aforementioned activities.

Membership; Pricing; Charges on Your Account.

General. 

Please note that the billing policies that are disclosed to you in subscribing to the service are deemed part of this Terms of Use. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Websites and/or Service.

Billing.

FriendPC bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay FriendPC all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize FriendPC to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. FriendPC reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Payment Method. 

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.

Recurring Billing. 

Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. 

Such notice will not affect charges submitted before FriendPC could reasonably act. You may change your payment method or cancel your paid membership by a provider of your chosen Payment Method (the “Payment Method Provider”) by sending us an email. For your convenience, we take your payment information so that your FriendPC membership will not be interrupted.

We auto-renew your membership at the level you selected. Your FriendPC subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable).

Current Information Required. 

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY FRIENDPC IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE FRIENDPC ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT FRIENDPC MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY FRIENDPC).

Reaffirmation of Authorization

Your non-termination or continued use of the Service reaffirms that FriendPC is authorized to charge your Payment Method. FriendPC may submit those charges for payment and you will be responsible for such charges. This does not waive FriendPC’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

Modifications to Service, Termination of Service

FriendPC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FriendPC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Blocking of IP Addresses

In order to protect the integrity of the Services, FriendPC reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.

Term

This Terms of Use will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership at any time. If you resign or cancel your membership to FriendPC, to help FriendPC analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation.

FriendPC may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to FriendPC. All decisions regarding the termination of accounts shall be made in the sole discretion of FriendPC.

FriendPC is not required to provide you notice prior to terminating your membership. FriendPC is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Terms of Use will remain in effect. All terms that by their nature may survive termination of this Terms of Use shall be deemed to survive such termination.

If either you or FriendPC terminates your membership, you may lose Your Content or any other information stored on or in association with your account.

Geographic Restrictions

FriendPC does not warrant or guarantee that the Service, or any of its content, is or will be accessible and/or legally permissible outside of the United States. Access to the Service, or certain parts thereof, may not be legal by certain persons or in certain countries. You acknowledge and agree that if you choose to access the Service from outside the United States, you do so entirely on your own initiative and at your own risk, and that you are solely responsible for compliance with local laws.

Third Party Content

FriendPC may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. FriendPC does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness.

Please be aware that FriendPC does not create Third-Party Content, nor does FriendPC update or monitor it. FriendPC is therefore not responsible for any Third-Party Content on the Service. Members use such Third-Party Content at their own risk.

The Service may include links or references to other web sites or services solely as a convenience to FriendPC users (collectively, the “Reference Sites”). FriendPC does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.

In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

Intellectual Property

FriendPC, the FriendPC logos and any other product or service name or slogan contained in the Service are trademarks of FriendPC or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of FriendPC or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that FriendPC may provide you from time to time.

FriendPC retains all proprietary rights in the Websites and the Service, except where otherwise noted. The Websites contain the copyrighted material, trademarks, and other proprietary information of FriendPC, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

All content on FriendPC is proprietary. Except where otherwise specified in this Agreement, all content is copyrighted material of FriendPC and for FriendPC Members’ use only. Distribution of content to others is strictly prohibited. You agree that FriendPC would be irreparably harmed by any violation or threatened violation of this section and that, therefore, FriendPC shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Websites or Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

• You may store files that are automatically cached by your Web browser for display enhancement purposes;

• You may print one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution;

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.  If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify any materials on the Service, or any copies thereof;

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Websites or Service or any services or materials available through the Websites or Service.

In the event that you print, copy, modify, download or otherwise use or provide any other person or entity with access to any part of the Websites or Service in breach of the Terms of Use, your right to use the Websites and/or Service will cease immediately and you must, at FriendPCs sole option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or Content, or any content thereon, is transferred to you, and all rights not expressly granted are reserved by FriendPC. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

We may provide links to third party websites, and some of the content appearing on FriendPC may be supplied by third parties. FriendPC has no responsibility for these third party websites nor for their content, which is subject to and governed by the terms of use and/or privacy policies, if any, of the applicable third party content providers.

You may not use any metatags or any other hidden text utilizing “FriendPC” or any other name, trademark or product or service name of FriendPC without our prior written permission. In addition, the look and feel of the FriendPC Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FriendPC and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

The Service is owned and operated by FriendPC. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, FriendPC’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).

Ownership of Your Content; Licenses.

FriendPC does not claim ownership of Your Content. However, with respect to Your Content, you grant FriendPC a worldwide, royalty-free, irrevocable, and non-exclusive license(s) to use, publish, distribute, modify, reproduce, sell, and publicly display such content on the Service or elsewhere, for any purpose whatsoever including without limitation monetary gain.

In the event that you send any unsolicited ideas, suggestions, or feedback to FriendPC (collectively, the “Feedback”), you acknowledge and agree that such Feedback is non-confidential and non-proprietary to you, and you grant to FriendPC a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such Feedback for any reason or purpose, without attribution or compensation to you.

Repeat Infringer Policy

In accordance with the DMCA and other applicable laws around the world, FriendPC has adopted a policy that it will promptly terminate without notice any user’s access to the Service if that user is determined by FriendPC to be a “repeat infringer.” A repeat infringer includes, without limitation, a user who has been notified by FriendPC of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. FriendPC may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

In addition, FriendPC accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.

Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Use.

Limitation of Liability. 

In no event shall FriendPC be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from FriendPC or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

FriendPC makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk.

UNDER NO CIRCUMSTANCES SHALL FRIENDPC, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF FRIENDPC HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL FRIENDPC HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, OR YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO PHYSICAL INJURY, DEATH, EMOTIONAL DISTRESS, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF FRIENDPC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT FRIENDPC SHALL HAVE NO LIABILITY FOR DAMAGES ARISING FROM ANY DISPUTE BETWEEN YOURSELF AND ANOTHER USER OF THE SERVICE.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of FriendPC and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to FriendPC during the six months prior to notice to FriendPC of the dispute for which the remedy is sought.

Reliance on Information Posted

The information presented on or through the Websites and/or Service is made available solely for general information purposes. FriendPC does not warrant the accuracy, completeness or usefulness of any such information. Any reliance you place on such information is strictly at your own risk. FriendPC disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

This Service may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, content creators, aggregators and/or reporting services. All statements and/or opinions expressed in such materials, and all articles and responses to questions and/or other content, other than content provided by FriendPC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FriendPC, and FriendPC is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Indemnity by You. 

You agree to indemnify and hold FriendPC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

1. your use of the Service and/or Websites in violation of this Terms of Use and/or arising from a breach of this Terms of Use including without limitation your representations and warranties set forth above;

   b.any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;

   c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of FriendPC.

Attorney Fees

In the event that FriendPC is successful in whole or in part in any action or proceeding related to or arising from this Terms of Use, you shall be responsible for FriendPC’s attorneys’ fees and costs.

Communications from FriendPC.

FriendPC may, at its sole discretion, provide you with notices, including without limitation notices regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including without limitation by email, regular mail, SMS, MMS, text message or postings on the Service. By using or accessing the Service, you expressly consent to receive such communications. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You acknowledge and agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

Jurisdiction and Choice of Law; Dispute Resolution. 

If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of California with the same force and effect as if such service had been made within the State of California. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Arbitration Provision/No Class Action. 

Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of California or the United States District Court for the District of California. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of California or the United States District Court for the District of California.

No Third Party Beneficiaries. 

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Terms of Use.

Availability Outside the U.S. 

If you access FriendPC from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites or Service from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement the FriendPC Privacy Policy.

Amendment. FriendPC may make changes to these Terms at any time. Any revised terms will be effective upon posting on the Websites; your use of the Websites and/or Service after these updated Terms have been posted will constitute your express acceptance of the revised Terms. If you are a subscribing (e.g., paying) Member at the time of any such amendment, the then-existing Terms of Use will continue to govern your membership until your subscription renews in accordance with Section 10. If you continue your subscription, this renewal will constitute your express acceptance of, and consent to, the revise Terms of Use. If you instead elect to terminate your subscription, any use of the Service by you following such termination will constitute your express acceptance of the Terms of Use.

Entire Agreement.

This Terms of Use, along with the FriendPC Privacy Policy, contains the entire agreement between you and FriendPC regarding the use of the Websites and/or the Service.

Severability; Waiver.

If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, FriendPC’s failure to enforce any term of this Terms of Use shall not be deemed as a waiver of such term or otherwise affect FriendPC’s ability to enforce such term at any point in the future.

The section headings contained in this Terms of Use are for reference purposes only and shall not in any way affect the meaning or interpretation of this Terms of Use.

Please contact us with any questions regarding this agreement. (info@friendpc.com)
“FriendPC” is a trademark of FriendPC, LLC.

FriendPC reserves all rights not expressly granted in these Terms of Use.

BY USING FRIENDPC, I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.