1- Overview - Terms of Service
These Terms make up the entire agreement between you and My Friend Spot, LLC. regarding your use of our Products. They supersede any prior agreements.
We don’t charge you to use My Friend Spot or the other products and services covered by these Terms, unless we state otherwise. Instead, businesses and organizations, and other persons pay us to show you ads for their products and services. By using our Products, you agree that we can show you ads that we think may be relevant to you and your interests.
We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. See Section 2 below to learn more about how personalized advertising under these terms works on the My Friend Spot platform.
It is our mission to provide a social environement where everyone feels welcome, and where communites of people can meet, bond and for long lasting friendships. We help you find and connect with people, groups, businesses, organizations, and other people that matter to you. We use data to make suggestions for you and others - for example, groups to join, events to attend, Pages and businesses to follow or send a message to, shows to watch, and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, pages, groups, and organizations they care about. We work hard to maintain the security (including the availability, authenticity, integrity, and confidentiality) of our Products and services. We do this by ensuring our services are on U.S. based servers with companies who have proven track records of ensuring the safety and integrity of data.
2- Abuse:
We monitor to detect potential misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community, including to respond to user reports of potentially violating content. If we learn of content or conduct like this, we may take appropriate action based on our assessment that may include - notifying you, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. Harassment of others, attacking others and stalking are a violation of our Terms of Use.
3 - Who May Use My Friend Spot
My Friend Spot is an open platform for those who legally are allowed to use it. However, in order to use it you must provide accurate information. Such as, you must do the following.
- Those who are 13 years or older. Under the Federal COPPA Statute, those under 13 may not use our services.
- You must provide your real name upon signing up for our services.
- You must provide a legitimate email addres and not use a fake or "burner" email.
- You may only create one account.
- You may not transfer, sell or give your account to someone else.
4 - Who May NOT Use My Friend Spot
We are concerned for the safety of our members. Thus the following people may not use our services.
- Convicted sex offenders.
- Those who are under court order / probation / parole who under their terms of order are barred from use of the internet or social media.
- Those who have had other accounts closed on My Friend Spot for violation of our policies.
- Individuals convicted of stalking, bullying, or who have Personal Protection Orders against them.
5 - What Can You Do On My Friend Spot
Memebers of this site are encouraged to express themselves in positive constructive ways. We expect members to create posts, businesses and organizations to create Pages, and fans and those with interests create Groups where those with fellow interests can meet, discuss and have fun. We want you to meet others, make new bonds, create lasting friendships.
- You may not use My Friend Spot to do the following:
- Post content that that infringes or violates someone else's rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.
- Post content that bullies, shames are is designed to embarass or harass others.
- Post content that is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our Products in such a way).
- Upload viruses, malware or any other malicious code.
- Post the private information of others. This includes but is not limited to.
- Images of Identification.
- Home addresses.
- Social Security Numbers.
- Other personal information that includes records of a personal nature.
- There are things in our Marketplace you may not sell, and these include:
- Firearms.
- Drugs including medical marijuanna.
- Lottery tickets.
- Gambling devices.
- Ammunition or explosives.
- Anything illegal.
- Pornography as determined by My Friend Spot staff.
- Personal records of others.
- Images / video / content of violent crime. (Except for news stories)
- You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access, regardless of whether such automated access or collection is undertaken while logged-in to a My Friend Spot account.
- You may not do, or attempt to do, anything to circumvent, bypass, or override any technological measures that My Friend Spot uses to control or limit access to our Products or data.
- You may not proxy, request, or collect Product usernames or passwords, or misappropriate access tokens.
- You may not upload viruses or malicious code, use the services to send spam, or do anything else that could disable, overburden, interfere with, or impair the proper working, integrity, operation, or appearance of our services, systems, or Products.
We also can remove or restrict access to content, features, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts to My Friend Spot or any of our partner companies, owners, staff or contractors.
6 - Permissions You Give Us
Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You retain ownership of the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on My Friend Spot and other you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide our services we need you to give us some legal permissions (known as a "license") to use this content. This is solely for the purposes of providing and improving our Products and services as described in these Terms of Use.
Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your and settings). This means, for example, that if you share a photo on Facebook, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as My Friend Spot Products or service providers that support those products and services. This license will end when your content is deleted from our systems.
You can delete individual content you share, post, and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. about how to delete your account. Account deletion does not automatically delete content that you post as an admin of a page or content that you create collectively with other users, such as photos in Shared Albums which may continue to be visible to other album members. It may take up to 90 days to delete content after we begin the account deletion process or receive a content deletion request. If you send content to trash, the deletion process will automatically begin in 30 days unless you chose to delete the content sooner. While the deletion process for such content is being undertaken, the content is no longer visible to other users. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems. Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
- where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted);
- where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or -
- where immediate deletion would restrict our ability to:
- investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
- protect the safety, integrity, and security of our Products, systems, services, our employees, and users, and to defend ourselves;
- comply with legal obligations for the preservation of evidence, including data My Friend Spot Companies providing financial products and services preserve to comply with any record keeping obligations required by law; or finally below.
- comply with a request of a judicial or administrative authority, law enforcement or a government agency;
in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). In each of the above cases, this license will continue until the content has been fully deleted by My Friend Spot.
7 - Permission to Update Software You Use or Download
If you download or use our software, you give us permission to download and install updates to the software where available.
8 - Permission to Use Your Likeness
You give us permission to use your name and profile picture and information about actions you have taken on My Friend Spot next to or in connection with ads, offers, and other sponsored or commercial content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a My Friend Spot Page created by a brand that has paid us to display its ads on My Friend Spot. Ads and content like this can be seen only by people who have your permission to see the actions you've taken on My Friend Spot Products. You can about your ad settings and preferences.
9 - Using Our Intellectual Property (IP)
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on My Friend Spot), we retain all rights to that content (but not yours). You can only use our copyrights or as expressly permitted by our or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, translate, create derivative works of, decompile, or reverse engineer our products or their components, or otherwise attempt to extract source code from us, unless an exception or limitation applies under applicable law or your conduct relates to the . We reserve all rights not expressly granted to you.
10 - Updating Our Terms and Policies
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices, to promote a safe and secure experience on our Products and services, and/or to comply with applicable law. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to access or use our Products. We hope that you will continue using our Products, but if you do not agree to our updated Terms or wish to terminate your agreement to this contract, you can delete your account at any time and you must also stop accessing, or using My Friend Spot and the other My Friend Spot Products.
LIMITS OF LIABILITY - IMPORTANT
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the My Friend Spot Products (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the My Friend Spot Products will not exceed the greater of $50 or the amount you have paid us in the past twelve months.
DISPUTES
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply. You and My Friend Spot each agree that any claim, cause of action, or dispute between us that arises out of or relates to these Terms or your access or use of the My Friend Spot Products shall be resolved exclusively in the U.S. District Court for the Western District in Michigan or a state court located in Calhoun County, Michigab. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Michigan will govern these Terms and any claim, cause of action, or dispute without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, My Friend Spot may bring any claim, cause of action, or dispute we have against you in any competent court in the country in which you reside that has jurisdiction over the claim.
MISC TERMS THAT APPLY
- SEVERABILITY: If any portion of these Terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable, and if it can’t be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
- NO TRANSFER: You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- LEGACY CONTACT: You may designate a person (called a legacy contact) to manage your account if it is memorialized. If you enable it in your settings, only your legacy contact or a person who you have identified in a valid will or similar legal document expressing clear consent to disclose your content to that person upon death or incapacity will be able to seek limited disclosure of information from your account after it is memorialized.
- NO THIRD PARTY BENEFICIARIES: These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- USER NAME CHANGES: We may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life). Or if you choose a commercial name that is the Intellectual Property of another company or individual.
- FEEDBACK: We always appreciate your feedback and other suggestions about our products and services. But we may use feedback and other suggestions without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
