FriendsWin.com Social Networking that pays you back!

Terms of Service

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Abbreviated Terms of Use (the "Terms")
The following is provided as a summary of FriendsWin.com Inc.'s Terms and is not legally binding. If you intend to access this site or use the Services you must read the legally binding version of the Terms of Use.

You must agree to abide by the following Terms to use the Services.

You must be at LEAST 16 YEARS OF AGE to access the FriendsWin.com website as a Member. You must be at LEAST 18 YEARS OF AGE to be in Independent Marketing Representative, and to use the marketing services of FriendsWin.com Inc. ("FriendsWin").

Protect your password. You should not give it to anyone, directly or indirectly. FriendsWin will not be held responsible for anything that happens to your account due to a shared, lost or stolen password.

Only post content that you have the rights to display or use. All content you post remains your property, although, in order to use the Services offered on the site, you give both FriendsWin, and other users of the site, the right to use your content.

All other content is the property of FriendsWin or our suppliers or licensors. FriendsWin content can be used for personal use when on the site, but not anywhere else without FriendsWin's written permission.

FriendsWin does not monitor your content or that of a third party, but reserves the right to refuse or remove any content that violates these Terms. FriendsWin can also, at its sole discretion, take any steps it deems necessary to deal with a violation of these Terms.

FriendsWin will assist law enforcement personnel with suspected or alleged illegal user content, including, but not limited to private messaging.

Engaging in any illegal or objectionable behaviour or posting of any illegal or prohibited material (i.e. harassment, racist comments, violent messages, nudity...) on the site may result in the termination of your membership, or result in possible legal action.

FriendsWin has no control over content hosted on other Internet sites. Just because a link, for example, appears on our site does not mean FriendsWin approves or endorses that content.

FriendsWin cannot be held responsible for what others do with the information you post on the Service, so be cautious about the information, especially personal information, you post about yourself or others.

You may delete your own account from your profile page at any time. We reserve the right to delete your account at any time for any violation of these Terms.

FriendsWin SERVICES ARE PROVIDED ON AN 'AS AVAILABLE' AND 'AS IS' BASIS WITH USERS MAKING USE OF THE SERVICES AT THEIR OWN RISK.

Any user found in violation of these Terms may have their account terminated and if appropriate, that user may face legal action.

TERMS OF USE FOR FriendsWin.com

These Terms of Use ("Terms") were last updated on Speptember 30, 2007.

Acceptance of Terms
By accessing the FriendsWin.com Inc. ("FriendsWin.") website (including all Content available on or through the FriendsWin.com domain name, the "Website" or "FriendsWin.com Website") or using the features, applications and services offered by FriendsWin.com on the Website (the "FriendsWin Services" or "Services") you agree and acknowledge to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access the Website or use the Services. FriendsWin.com reserves the right to change these Terms at any time. FriendsWin.com reserves the right to amend the Terms at any time. Your continued access to and use of the Website or the Services, or both, after we amend the Terms will mean that you agree with the Terms as amended. We recommend that you periodically check this Website for amendments to the Terms.

Membership and Eligibility

FriendsWin.com is a social networking service that allows those individuals who register to become members to receive the FriendsWin Services (the "Members") and to create unique personal profiles online in order to find and communicate with friends. If you wish to become a Member, communicate with other Members and make use of the FriendsWin Services, you must read these Terms and communicate your acceptance of these Terms (which also includes any other terms and conditions associated with your use of the FriendsWin Services for which you have subscribed during or any time following the Member registration process).

In order to register as a Member of FriendsWin.com or access and use this Website you must be OVER THE AGE OF 16 AND ACCEPT THE TERMS AND CONDITIONS OF THESE TERMS. By using the Website or the Services you represent and warrant that you are at least 16 years old or older and that you are accessing the FriendsWin Website or receiving FriendsWin Services, and you have the right, authority and capacity to enter into and abide by all of these Terms. Your profile may be deleted and membership may be terminated without warning, if we have reason to believe that you are violating any of these terms.

Throughout these Terms the terms "us", "we" and "our" refer to FriendsWin.com Inc., including its successors and assigns; the terms "your" and "you" refer to the individual that has accepted these Terms, and includes any user operating under your Membership ID and password, or in the case where the person accessing the FriendsWin Website or receiving FriendsWin Services is 16 or older, "you" refers to the user.

Password

When you sign up to become a Member, you will be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, user name or password of another Member at any time or to disclose your password to any other person You agree to notify FriendsWin.com immediately if you suspect any unauthorized use of your account or access to your password. You agree to hold FriendsWin.com harmless for any damage arising from a third party accessing the Services using a password you disclosed, lost, had stolen, etc.)

Non-Commercial Use by Members

The FriendsWin Services are for personal use of Members only and may not be used in connection with any commercial purposes except those that are specifically endorsed or approved by FriendsWin.com, such as the services intended for Independent Marketing Representatives (IMRs). Illegal or unauthorized use, or both, of the FriendsWin Services, including collecting user names, e-mail addresses or other personally identifiable information of Members, or both, by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the FriendsWin Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the FriendsWin Services.

Proprietary Rights in Content on FriendsWin.com

Your Content

FriendsWin.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials and information that you post to the FriendsWin Website (collectively, "Your Content"). After posting Your Content to the FriendsWin Website, you continue to retain all ownership rights in Your Content, and you continue to have the right to use Your Content in any way you choose. By posting, displaying or publishing any of Your Content on or through the FriendsWin Services or the FriendsWin Website, you hereby grant to FriendsWin.com a non-exclusive, fully paid, royalty free, sub-licensable, transferable and worldwide license and right (the "License") to use, modify, create derivative works of, perform, display, reproduce, incorporate into other works and distribute Your Content solely on and through the FriendsWin Services or FriendsWin Website, and allow access to Your Content to other users or Members of the FriendsWin Services or FriendsWin Website. You also hereby grant each user of the FriendsWin Website a non-exclusive license to access Your Content through the FriendsWin Website, and to use, reproduce, distribute, prepare derivate works of, display and perform Your Content as permitted through the functionality of the FriendsWin Website, the FriendsWin Services and under these Terms.

This License will terminate at the time you remove Your Content from the FriendsWin Services or FriendsWin Website, except that you grant us a continuing perpetual license and right to maintain a copy of Your Content for archival purposes. This archival copy is not posted publicly on the FriendsWin.com system; it is maintained only for the purpose of recovering Your Content and restoring accounts (in case of errors or system failure) or to cooperate with law enforcement agencies in order to make the FriendsWin Website safer. Although we will use reasonable efforts to delete Your Content that you inform us in writing to remove, we can not warrant that all of Your Content can be successfully removed from the FriendsWin Website or FriendsWin Services or that other users of the Website or FriendsWin Services will not have copied and distributed some or all of Your Content.

You represent and warrant to FriendsWin.com that:

You own Your Content posted, displayed or published by you on or through the FriendsWin Services and FriendsWin Website or you otherwise have the right to grant to us the License set forth in this section; and
The posting, displaying or publishing of Your Content on or through the FriendsWin Services or FriendsWin Website does not violate the privacy rights, publicity rights, copyright, trade-mark, patent, trade secret, other intellectual property rights, contractual rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any of Your Content posted, displayed or published by you on or through the FriendsWin Services or FriendsWin Website.

FriendsWin.com Content

The FriendsWin Services and FriendsWin Website contain text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other materials created by or for, or otherwise owned by FriendsWin.com ("FriendsWin.com Content"). FriendsWin.com Content is protected by copyright, trade-mark, patent, trade secret and other intellectual property rights, as FriendsWin.com owns or has a license to use and it retains all rights in the FriendsWin.com Content, the FriendsWin Services and the FriendsWin Website. FriendsWin.com reserves all rights not expressly granted in and to the FriendsWin.com Content

FriendsWin.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the FriendsWin.com Content (excluding any software code) solely for your personal use in connection with viewing the FriendsWin Website and using the FriendsWin Services. Except as expressly authorized by FriendsWin.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of FriendsWin.com's Content.

Third Party Content

The FriendsWin Services and FriendsWin Website may also contain text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other materials of other FriendsWin.com licensors, suppliers or advertisers ("Third Party Content"). Except for Your Content and as otherwise expressly stated in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell or otherwise distribute, any Content appearing on or through the FriendsWin Services. For the purpose of these Terms, "Content" refers to Your Content, FriendsWin.com Content and Third Party Content.

Monitoring Content

You acknowledge and agree that FriendsWin.com has no responsibility for monitoring, filtering or pre-screening Your Content or Third Party Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that violates these Terms. FriendsWin.com may previews a users's content before it is posted on the Website to ensure conformance with these Terms.

You are solely responsible for Your Content and for your interactions with other Members or others using the Web Site or the FriendsWin.com Services (including but not limited to interactions with other users) and FriendsWin.com does not and has no obligation to monitor any Member's use of the Services. FriendsWin.com does not endorse and has no control over Your Content or Third Party Content. That Content is not reviewed by FriendsWin.com prior to its posting and does not reflect the opinions or policies of FriendsWin.com. FriendsWin.com makes no warranties, express or implied, as to Your Content or Third Party Content or as to the accuracy and reliability of that Content or any material or information that you transmit to other Members or others accessing and using the FriendsWin Website, Content or FriendsWin Services.

FriendsWin.com further reserves the right to submit any of Your Content and Third Party Content posted or distributed on the Website to law enforcement authorities in the case of alleged criminal activities. This includes any of Your Content and Third Party Content distributed in areas identified as private under the Privacy Policy such as, but not limited to, private messages.

Code of Conduct

Posting by you of any illegal or prohibited Content or engaging in certain illegal or objectionable conduct may, in our sole discretion, result in termination of your Membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending Content from the FriendsWin Website and, if necessary, reporting violators to the appropriate law enforcement authorities. Content and conduct that is prohibited includes, but is not limited to, Content and conduct that, in our sole judgment:

is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
results in the falsification of IP address information, modification of message headers to conceal your identity or to impersonate others, or is for the purpose of circumventing this Code of Conduct;
interferes with or disrupts the Services or the servers or networks used to provide or receive the Services or you disobey any requirement, procedure, policies and regulation of any networks used to provide and receive the Service;
includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to (1) pirated computer programs or links to them, (2) information that circumvents manufacturer-installed copy-protect devices, or (3) pirated music or links to pirated music files;
displays pornographic or sexually explicit material of any kind;
includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or other harmful code;
solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
covers or obscures the banner advertisements on your personal profile page, or any FriendsWin.com web page via HTML/CSS or any other means;
solicits people you don't know to add you or accept you as a friend on the Service.

Even though all of the Content and conduct that is described above is strictly prohibited, you might nonetheless become exposed to prohibited Content while using the Website or the Services. If so, because we do not control the posting of such Content, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or licensors will in any way be responsible for any damages (to or from any party) related to any such exposure.

Privacy and Use of Information

You acknowledge that (a) we cannot ensure the security or privacy of Content you provide through the Internet and your private messaging, and you release us from any and all liability in connection with the use of such Content by other parties; (b) we are not responsible for, and cannot control, the use by others of any Content which you post on the Services or provide to them and you should use caution in selecting the personal information posted or provided to others through the Services; and (c) we cannot assume any responsibility for the Content sent by other users of the Services, and you release us from any and all liability in connection with the Content of any communications you may receive from other users.

External Links

The Services, Content, or Member profiles may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we have no control over the External Links and that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We recommend that you review the terms of use and privacy statements of such External Links prior to use of them.

Inclusion of an External Link on the FriendsWin Services does not imply approval or endorsement of that website by FriendsWin.com. Furthermore, FriendsWin.com is not responsible for third party advertisements which are posted on this FriendsWin Website or through the FriendsWin Services, nor is it responsible for the goods and services provided by its advertisers.

Term

These Terms shall remain in full force and effect while you access and use the Website and during the time that you are a Member using the FriendsWin Services. You may terminate your Membership at any time, for any reason, by following the instructions on the Members' account page. FriendsWin.com may terminate your membership for any reason, at any time. Where possible, we will use reasonable efforts to give Members fair notice of termination of their access to the Services. If you are using a paid version of the Service, and we terminate your membership in the Service because you have breached these Terms, you will not be entitled to any refund of unused subscription fees. Even after your Membership is terminated, certain sections of these Terms will remain in effect.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRIENDSWIN.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FRIENDSWIN.COM MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRIENDSWIN.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

IN NO EVENT SHALL FRIENDSWIN.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE FRIENDSWIN.COM WEBSITE OR THE FRIENDSWIN SERVICES, WHETHER ONLINE OR OFFLINE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR FRIENDSWIN.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL FRIENDSWIN.COM'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00).

BY PARTICIPATING IN ANY OFFLINE FRIENDSWIN EVENT, YOU AGREE TO RELEASE AND HOLD FRIENDSWIN.COM HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM YOUR PARTICIPATION IN ANY SUCH OFFLINE FRIENDSWIN.COM EVENT.

Internet Access

FriendsWin.com shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website. You will be responsible for providing your own communications equipment to access the Website via the Internet, and the Internet access charges thereon.

Indemnity

You agree to defend, indemnify and hold harmless, FriendsWin.com, our officers, directors, employees and agents, suppliers, licensors, sponsors and advertisers from and against any and all claims, damages, obligations, losses, costs and expenses, including without limitation reasonable legal fees and disbursements which we may suffer from your activities on or access to and use of the Website or the Service, including without limitation, any infringement or misappropriation of a third party's intellectual property rights or other proprietary rights by Your Content, any breach by you of these Terms including, but not limited to, the Code of Conduct or any charges or complaints made by other parties against you regarding Your Content or otherwise. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim, includeing the associated defense costs. This defense and indemnification obligation will survive your use of the FriendsWin Website, Services and the Terms.

Fees and Payments

What it costs to create video profiles and contact other members:

We offer an optional Subscriber Membership service for a fee that allows you to create your own personal video profiles for dating, your resume, selling products (the "Video Bazaar") and to access video conferencing services.

Cost: $9.97 for a one-month Subscriber Membership.

We reserve the right to change the fee at any time and to offer promotional rates from time to time to new members and existing members. You pay for your membership with a credit card. The credit card information will be kept completely private and confidential and not accessible to anyone except our staff for payment purposes. Your membership will be effective upon verification from your credit card that payment has been made. Access to your account and full access to the site will be available immediately.

Refund Policy

If you terminate your membership and have complied with our membership obligations, we will issue a pro rata refund of fees left for the portion of time remaining on your monthly subscription. As a general rule, subject to this policy, you may cancel your membership at any time or for any reason and we will immediately generate a pro rata credit to your credit card account. A cancellation link is provided on your profile home page after signing-in to your account.

If we terminate your membership because of your failure to comply with your obligations, no refund of membership fees will be made.

You agree to pay the published price for FriendsWin Services and all applicable taxes in connection with the purchase of the FriendsWin Services. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion. As well we reserve the right to refuse payment.

Automatic Renewals:

You have the right to terminate your membership agreement at the end of any membership period for any reason. If you do not terminate your membership, your membership will automatically renew based on the following terms.
-Free membership offers. In the event we offer a free membership program which you select, e.g. 30 days initial membership free, you will automatically be renewed as a member for that same period at our regular fee for that period and repeated periods thereafter, until you terminate your membership.
-Regular memberships. If you have selected a regular membership your membership will automatically renew for the same membership period you have selected (i.e. one-month).
-All renewal memberships will be subject to the membership agreement as may be amended from time to time.
-By providing us your charge card information and authorization to charge your account for a membership period (if any), you expressly authorize us to process a charge to your charge account for the fees applicable to the renewal period.

Moderators

The Services may from time to time include messages from Independent Moderators who make postings and respond to forum questions. Any statements or advice made by Independent Moderators are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance and the statements provided by Independent Moderators are strictly their views and not of FriendsWin.com. Such statements do not constitute counselling of any kind.

Jurisdiction

This Website originates in USA. Any claim or dispute arising from, or in relation to the Terms shall be governed by and construed in accordance with the laws of the USA, and the federal laws of the United States Of America applicable therein, without giving effect to its conflict of laws provisions or your actual province or country of residence. You agree to submit to the exclusive jurisdiction of the courts of the United States Of America and the Federal Courts located within the USA.

Trade-marks

FriendsWin, FriendsWin.com and the design marks of FriendsWin.com displayed or published on the FriendsWin Website and the FriendsWin Services are trade-marks or trade dress of FriendsWin.com Inc. and FriendsWin.com's marks may not be used in connection with any product or service that is not FriendsWin.com's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits FriendsWin.com.

Assignment

You do not have the right to assign these Terms or any of your rights to the Services to anyone. FriendsWin.com has the right to assign any or all of its rights and obligations under these Terms or to the Services to any third party. At the election of FriendsWin.com, if FriendsWin.com's obligations hereunder are assumed by a third party, FriendsWin.com shall be relieved of any and all liability under these Terms.

General

These Terms constitute the entire agreement between you and FriendsWin.com regarding the use of the FriendsWin Services and the Website. The failure of FriendsWin.com to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions regarding this Agreement.

YOUR USE OF THE FRIENDSWIN.COM WEBSITE OR FRIENDSWIN SERVICES CONSTITUES YOUR AGREEMENT TO ALL OF THE PROVISIONS CONTAINED ABOVE.