Terms of use

FriendshipExpress.com/.org/.net is a social networking service that allows members to create unique personal profiles online in order to find and communicate with old and new friends. The service is operated by FriendshipExpress.com/.org/.net. By using the FriendshipExpress.com/.org/.net website you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the FriendshipExpress.com/.org/.net services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.

 

This Agreement sets out the legally binding terms for your use of the website and your Membership in the Service.

 

FriendshipExpress.com/.org/.net may modify this Agreement from time to time and such modification shall be effective upon posting by FriendshipExpress.com/.org/.net on the website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes FriendshipExpress.com/.org/.net's policy for acceptable use and content posted on the website, your rights, obligations and restrictions regarding your use of the website and the Service and FriendshipExpress.com/.org/.net's Privacy Policy.

 

Please choose carefully the information you post on FriendshipExpress.com/.org/.net and that you provide to other Members. Any photographs posted by you may not contain violence, or offensive subject matter. You also agree that your avatar/profile photograph will be tasteful (a photograph of your full body whether nude or clothed is acceptable, if it isn't focused on your genital area), and you will not post obscenity, cartoon characters, or other photographs/images not owned by you.  You agree to post only photographs of you, your partner and of those who have given your written or verbal consent to use their image. These photographs can be posted anywhere on the site, including the Dashboard, Group, Forums, Private Albums, just to name a few. Information provided by other FriendshipExpress.com/.org/.net Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and FriendshipExpress.com/.org/.net assumes no responsibility nor liability for this material.

 

FriendshipExpress.com/.org/.net reserves the right at it's sole discretion and judgement to remove any photographs that it deems inappropriate, offensive or not with the culture of this lifestyle at anytime and without notice to the poster.

 

FriendshipExpress.com/.org/.net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

 

By participating in any offline FriendshipExpress.com/.org/.net event, you agree to release and hold FriendshipExpress.com/.org/.net 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 FriendshipExpress.com/.org/.net event.

 

Terms of Use

 

1) Your Interactions.

 

You are solely responsible for your interactions and communication with other Members. You understand that FriendshipExpress.com/.org/.net does not in any way screen its Members, nor does FriendshipExpress.com/.org/.net inquire into the backgrounds of its Members or attempt to verify the statements of its Members. FriendshipExpress.com/.org/.net makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. We do however recommend that if you choose to meet or exchange personal information with any member of FriendshipExpress.com/.org/.net then you should take it upon yourself to do a background check on said person.

 

In no event shall FriendshipExpress.com/.org/.net be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.

 

2) Eligibility.

 

Membership in the Service where void is prohibited. By using the website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the FriendshipExpress.com/.org/.net shall not violate any applicable law or regulation (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority). Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.

 

The materials, which are available within FriendshipExpress.com/.org/.net may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials.

 

By using and/or viewing FriendshipExpress.com/.org/.net you certify and affirm the following:

 

A- You are an adult, at least 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of consent); you will not permit any individual(s) under 18 years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) to have access to this Friendship Express or it's contents; you understand by accepting membership to this Friendship Express, you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You agree that you're interested in the alternative lifestyle of swinging and will not coerce anyone,

 

B - You confirm under penalty of perjury that, if you are a member of the media (including television internet and/or radio), you are joining and using FriendshipExpress.com/.org/.net and events advertised on FriendshipExpress.com/.org/.net as a private indiviual and not a part of your job working for the media. You swear that you're attending any event or participating on FriendshipExpress.com/.org/.net for your own pleasure and consider yourself to be a part of the swinging lifestyle. You agreed that if you have lied or mislead us about the above statement, and if you're working as a reporter for ANY media whatsoever, whether it's compensated or not, that you have agreed to pay the sum of $1,000.000.00 US dollars plus $9.99 to Aspire, Inc. for each potential reader that may have been exposed to because of your deceit. That is, if you have a potential readership of ten thousand people, you agreed to pay Aspire, Inc., at least seven days prior to publication at least $1,099,900.00 in United States of America funds for breaching our privacy, as set forth by the United States Constititution. You also agree to pay each member that you've exposed the same amount in U.S. funds.

 

C - You confirm that you have never been convicted of a sexual offense or felony involving bodily harm or threats of bodily harm, or an offense involving child pornography. You further represent that you are not a registered sex offender.

 

D - You will keep your email address current. You agree to have Friendship Express notify me about such event, as required by the site.

 

3) Term/Fees.

 

This Agreement shall remain in full force and effect while you use the website, the Service, and/or are a Member. You may terminate your membership at any time. FriendshipExpress.com/.org/.net may terminate your membership for any reason or no reason whatsoever, and at its sole discretion. If it's a violation of the Term of Use, no refund will be granted. You agree that any money paid will be forfeited to the website. All refunds are solely at the discretion of The Friendship Express Team. By using the Service and by becoming a Member, you acknowledge that FriendshipExpress.com/.org/.net reserves the right to charge for the Service and has the right to terminate a Member's Membership if Member should breach this Agreement or fail to pay for the Service, as required by this Agreement.

 

4) Non Commercial Use by Members.

 

The website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of FriendshipExpress.com/.org/.net. Illegal and/or unauthorized use of the website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the website will be investigated. 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 by FriendshipExpress.com/.org/.net for any illegal or unauthorized use of the website.

 

5) Proprietary Rights in Content on FriendshipExpress.com/.org/.net.

 

FriendshipExpress.com/.org/.net owns and retains all proprietary rights in the website and the Service. The website contains copyrighted material, trademarks, and other proprietary information of FriendshipExpress.com/.org/.net and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

6) Content Posted on the Friendship Express.

 

a. You understand and agree that FriendshipExpress.com/.org/.net may review and delete any content, messages, FriendshipExpress.com/.org/.net Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of FriendshipExpress.com/.org/.net violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.

 

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.

 

c. By posting any Content to the public areas of the website, you hereby grant to FriendshipExpress.com/.org/.net the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the website. This license will terminate at the time you remove such Content from the website.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the website. FriendshipExpress.com/.org/.net reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:

 

i. is patently offensive and promotes racism, negativism, disharmony, bigotry, hatred or physical harm of any kind against any group or individual; this includes talking/participating in any public forum or group, anywhere in the world, negatively about a lifestyle event you attended or about the promoter of any event. We seek a positive atmosphere on Friendship Express.

 

ii. harasses or advocates harassment of another person;

 

iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

 

iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

 

v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

 

vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

 

vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

 

viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

 

ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

 

or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

 

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.

 

f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although FriendshipExpress.com/.org/.net cannot monitor the conduct of its Members off the website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, FriendshipExpress.com/.org/.net reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which FriendshipExpress.com/.org/.net deems appropriate in its sole discretion.

 

g. You may not cover or obscure the banner advertisements on your personal profile page, or any FriendshipExpress.com/.org/.net page via HTML/CSS or any other means.

 

h. Any automated use of the system, such as using scripts to add friends, is prohibited.

 

i. You may not attempt to impersonate another user or person who is not a member of FriendshipExpress.com/.org/.net.

 

j. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.

 

k. You may not sell or otherwise transfer your profile.

 

7) Copyright Policy.

 

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of FriendshipExpress.com/.org/.net to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to FriendshipExpress.com/.org/.net by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. FriendshipExpress.com/.org/.net's Copyright Agent for notice of claims of copyright infringement can be reached via email address.

8) Member Disputes.

 

You are solely responsible for your interactions with other FriendshipExpress.com/.org/.net Members. FriendshipExpress.com/.org/.net reserves the right, but has no obligation, to monitor disputes between you and other Members.

 

9) Disclaimers.

 

FriendshipExpress.com/.org/.net is not responsible for any incorrect or inaccurate content posted on the website or in connection with the Service provided, whether caused by users of the website, Members or by any of the equipment or programming associated with or utilized in the Service. FriendshipExpress.com/.org/.net is not responsible for the conduct, whether online or offline, of any user of the website or Member of the Service. FriendshipExpress.com/.org/.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. FriendshipExpress.com/.org/.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the website and/or in connection with the Service. Under no circumstances shall FriendshipExpress.com/.org/.net be responsible for any loss or damage, including personal injury or death, resulting from use of the website or the Service or from any Content posted on the website or transmitted to Members, or any interactions between users of the website, whether online or offline. The website and the Service are provided "AS-IS" and FriendshipExpress.com/.org/.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FriendshipExpress.com/.org/.net cannot guarantee and does not promise any specific results from use of the website and/or the Service.

 

10) Limitation on Liability.

 

IN NO EVENT SHALL FriendshipExpress.com/.org/.net BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB Friendship Express OR THE SERVICE, EVEN IF FriendshipExpress.com/.org/.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FriendshipExpress.com/.org/.net.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO FriendshipExpress.com/.org/.net FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

 

11) Disputes.

 

If there is any dispute about or involving the website and/or the Service, by using the website, you agree that any dispute shall be governed by the laws of Minnesota without regard to conflict of law provisions and you agree to personal jurisdiction in Pine County, Minnesota.

 

12) Indemnity.

 

You agree to indemnify and hold FriendshipExpress.com/.org/.net, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

 

13) Class Action Waiver

 

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

 

14) Other.

 

This Agreement is accepted upon your use of the website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and FriendshipExpress.com/.org/.net regarding the use of the Friendship Express and/or the Service. The failure of FriendshipExpress.com/.org/.net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. FriendshipExpress.com/.org/.net is a trademark of Aspire, Inc.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

 

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent, admin@friendshipexpress.org. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Updated 1/12/16