Last updated March 25, 2022. v1.00. Changes will be logged.
These terms of service (the “Terms”) are the legal framework that governs your rights and obligations in using the Friendlyverse Service (defined below). They are the sole agreement between Friendlyverse, LLC, (“Friendlyverse”, “we,” “us”) a Florida (USA) limited liability company, located at 1300 N. Westshore Blvd., Ste. 220, Tampa, Florida 33607, yourself, and other users of the Service. By using the Service, and/or registering for an account on it you agree to these terms and understand that they are binding. Friendlyverse also adheres to a privacy policy, which is hereby incorporated by reference.
The Friendlyverse Service
Friendlyverse provides a suite of services intended to support online communities. A relationship with Friendlyverse begins when a person (the “Agent”) represents themselves to be an agent for a community of people, and enters an agreement (the “Hosting Agreement”) with Friendlyverse to create a Friendlyverse “space” for their community. Friendlyverse then establishes a suite of services to support their community, which typically includes, but may not be limited to, (1) an application/website for community members to sign up, and schedule meetings, (2) a text chat server to connect community members, and (3) a video chat facility to be utilized by community members.
The Hosting Agreement specifies that the Agent will notify community members that any use of the Services is subject to these Terms.
Use of the Service
In order to use the Services, you must be an adult individual.
Our policy is that each user should have their own account. Sharing your login credentials means that you are providing another person control over your contractual rights and over your relationship with us. Therefore, shared accounts are prohibited. You agree to secure your account by choosing a strong password, not sharing that password with others, and not reusing it on different accounts.
Friendlyverse retains some data relating to your use of the Service, in accordance with our privacy policy.
Content you provide to the Service (“User Provided Content”) is subject to the conditions stated in this paragraph (and other conditions stated in these Terms). You must only provide content that complies with these Terms and the law. You must not provide content in violation of any third-party intellectual property rights. You must remove your content if, at any time, you no longer have the rights required by these Terms. You are legally responsible for the content you provide. By providing content, you grant Friendlyverse, a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service (which may involve content modifications made to facilitate the Service’s presentation of the content to users) and Friendlyverse’s (and its successors’ and affiliates’) business.
To each other user of the Service, you grant a non-exclusive, royalty-free, worldwide license to access the content through the Service. You do not grant any rights or permissions for a user to make use of your content independent of the Service. In the event that, through the Service, you remove, or disable access to, your User Provided Content, Friendlyverse shall have a commercially reasonable time to cease allowing access to the content by users, and you understand that Friendlyverse may permanently retain copies of your content, but not display or transmit it to users. Your providing content to Friendlyverse shall not give rise to any employer/employee relationship between yourself and Friendlyverse.
Other users will have some visibility regarding your account, such as their ability to review your comments, ascertain whether a user of your username exists, and ascertain whether a given email address has been used used for a user account.
Community Standards
Friendlyverse believes strongly in the value of free speech. We are guided by the philosophy of John Stewart Mill, which observes that censorship harms not only the person who is silenced, but also the entire community by depriving them of the right to hear alternative viewpoints, and to gain insight into the thought processes of their peers. Nonetheless, Friendlyverse mandates the following community guidelines: (1) no illegal content, (2) no sexually suggestive content depicting minors, (3) no pornographic content, (3) no threats, bullying, harassment, explicit racism, or incitement to violence, (4) no disclosure of personal information of another person, (5) no deceptively purporting to be a specific individual who you are not, and (6) no solicitation or facilitation of illegal activity. Community standards judgements are in Friendlyverse’s sole discretion.
Changes to the Service, and to these Terms
Friendlyverse has the right to alter or discontinue the Service, or any part of it, and will incur no liability to you in doing so. Friendlyverse may also modify these Terms. Such modifications will only apply going forward. If you do not agree to the modified terms, you should remove your User Provided Content, and discontinue your use of the Service.
Downloadable Software
If downloadable software is provided as part of the Service (such as mobile applications), and unless that software is governed by additional terms which provide a license, Friendlyverse gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use that software for the sole purpose of enabling you to use the Service as provided in these Terms. You shall not copy, modify, distribute, sell, or lease any part of the software, or reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Friendlyverse’s written permission. By using that software, you give permission for that software to update automatically on your device once a new version or feature is available. Apart from where specifically licensed, you are prohibited from using, distributing, publishing, making derivative works, changing, reverse engineering, decompiling or otherwise manipulating the Service.
Restrictions to Your Use of the Service
Unless otherwise authorized in these Terms, or with prior written consent from Friendlyverse and/or other relevant rights holder, you agree to not access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any content on it. You agree to not use automated means to access the Service without Friendlyverse’s prior written approval. You agree to not use the Service for other than personal, non-commercial purposes, and not for public display of content. You agree to not interfere with any part of the Service, including disabling it, fraudulently engaging with it, or circumventing its restrictions or security features. You agree to not create a false impression of user engagement, including by inflating views, likes, dislikes, Fandoms saved, or additions to Fandoms, or by paying any party to create such a false impression. You agree to not misuse use any of the Service’s flagging, reporting or dispute-resolution systems.
DMCA Compliance, Notice, and Takedown
In accordance with 17 USC 512(i), Friendlyverse informs you that it will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat copyright infringer.
We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When an effective DMCA notification is received, the online service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a Counternotification may be filed. On receiving a valid Counternotification, we generally restore the content in question, unless we receive notice from the DMCA Notice provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Our privacy policy does not protect any information contained in any DMCA notification.
If you believe that any content available through the Service infringes upon your rights, send a DMCA-compliant notification (see 17 U.S.C. Section 512 for further detail) to admin@friendlyverse.com. Upon receiving a DMCA complaint, we will follow the process set forth in the DMCA, which may involves deleting or restoring the content. Please note that our moderation, restoration or deletion of content does not mean that we are liable for the content in any form or under any law. Electronically fill out and submit this form to make a notification under DMCA 512(c).
By law, DMCA-compliant notifications require: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (4) Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, and, if available, an electronic mail address at which you (the complaining party) may be contacted. (5) A statement that you (the complaining party) have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (7) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. (This item 7 is optional, and is not required by the DMCA. However, providing this information may preempt any potential need for follow-up questions.)
Send the DMCA Notice to our Designated Agent at:
Friendlyverse, LLC
Attn: Designated Copyright Agent
Jonathan Levy
1300 N. Westshore Blvd., Ste. 220
Tampa FL 33607
admin@friendlyverse.com
Any person who knowingly materially misrepresents that material or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees incurred by Friendlyverse in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.
Other Notifications
You may find the need to notify Friendlyverse as to other issues, such as violation of Community Standards, or intellectual property violations other than those covered by DMCA 512(c). To do so, you should use this form, and the Designated Agent contact information above. Notifications (whether DMCA or other) are not confidential. The notification procedures under this section are not intended for, and may not be used for, notice of process for any legal proceeding. Legal-proceeding notices should be furnished as provided in applicable law.
Miscellaneous
THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND UNDER YOUR OWN LIABILITY. FRIENDLYVERSE MAKES NO WARRANTIES ABOUT THE SERVICE. THIS DISCLAIMER INCLUDES ANY WARRANTIES ABOUT: (A) CONTENT PROVIDED BY OR ACCESSED THROUGH THE SERVICE; (B) ACCESSABILITY, ACCURACY, RELIABILITY, AVAILABILITY, OR QUALITY OF ANY ASPECT OF THE SERVICE; OR (C) FRIENDLYVERSE’S ENFORCEMENT, OR LACK OF ENFORCEMENT, OF ITS COMMUNITY STANDARDS.
FRIENDLYVERSE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES (WHETHER THROUGH A CLAIM UNDER WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORIES, AND WHETHER THE CLAIMED DAMAGES ARE DIRECT, CONSEQUENTIAL, PUNITIVE, EXPECTANCY, RESTITUTIONARY OR OTHER) ARISING FROM YOUR USE OF, OR RELATIONSHIP TO, THE SERVICES (INCLUDING RELATED TO ANY MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY). IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, A CLAIM FOR LIABILITY IS SUSTAINED, FRIENDLYVERSE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT HAVE TOTAL LIABILITY IN EXCESS OF THE GREATER OF: (1) THE AMOUNT OF REVENUE THAT FRIENDLYVERSE HAS PAID TO YOU IN RELATION TO THE SERVICE IN THE 12 MONTHS PRIOR TO YOUR WRITTEN NOTIFICATION TO FRIENDLYVERSE OF THE CLAIM; OR (2) $500US. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR ELSE BE PERMANENTLY BARRED.
You hereby warrant and agree to hold us harmless and to indemnify us for any damage, loss, expense, legal expense or cost incurred as a result of your use of the Service in violation of these Terms, including any false representation.
Friendlyverse has the right to terminate or suspend your use of the Service or to terminate or suspend the Service at any time. Friendlyverse reserves the right to decide whether material or activity violates our Terms or community standards.
Any notices we are to provide you under these Terms we may provide by either (1) sending you an in-app message, or (2) sending an email to the address (if any) that you provided for your account. If you set an email address for your Friendlyverse account, then you agree that Friendlyverse may (but is not obligated to) communicate with you, for all purposes, by sending to that email address, and that Friendlyverse is under no obligation to confirm the email address, or confirm receipt of communications to it.
The laws of the state of Florida (without regard to its choice-of-law provisions) shall exclusively govern these Terms and the relationship created by them. Any dispute you may raise against us must be brought solely in the competent courts of Hillsborough County, Florida.
You acknowledge and agree that we are not able to review and monitor the content published on the Service, due to its volume, and that the content is generally created and controlled by others who are not agents or employees of Friendlyverse.
Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be deemed replaced with a valid and enforceable provision that as nearly as possible effectuates the provision’s intent as expressed in these Terms.
Software used in the Service may be subject to an open-source license which overrides some of these Terms.
No delay or omission in the exercise or enforcement of any right or remedy hereunder shall be construed as a waiver of such right or remedy. All remedies, rights, undertakings, obligations, and agreements contained herein shall be cumulative and not mutually exclusive, and in addition to all other rights and remedies which either party possesses at law or in equity.
As used herein, the term “include” or “including” means “including but not limited to.”
Friendlyverse may alter user-assigned names, including lewd or inappropriate names, famous names used without the permission of the famous person, and public Fandom names occupying common terms
In the event that these Terms describe features of the Service that have not been developed yet, or become discontinued, this shall not affect the binding nature of these Terms, in general.
One role Friendlyverse plays is to orchestrate user access and/or authentication with outside services. In the course of such activities, users are also subject to the terms and conditions imposed by those outside services.