Effective Date: March 1, 2008
The following are terms of a legal agreement (“Agreement”) between you and FriendlyFavor, Inc. (“FF”). By accessing, browsing and/or otherwise using this website (the “Site”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.
These terms of use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with FF for products, software, services or otherwise, unless otherwise expressly indicated. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
Your use of this Site is also subject to the FriendlyFavor Privacy Policy [use hyperlink]. Please review the Privacy Policy for information about how FF collects, uses and discloses personal information.
Except as may be otherwise indicated, all Site materials, including, without limitation, text, pictures, graphics, sound files and other files and the selection and arrangement thereof (“Content”) are proprietary property of FF or its licensors or users. Permission is granted to display, copy, and download the materials on this Site for personal, noncommercial use only, provided you do not modify or create derivative works of the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of FF. You may not “mirror” any material contained on this Site on any other server without prior written permission from FF. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks, in the United States and/or other countries, belonging to FF or their respective owners. In addition, all page headers, custom graphics, button icons, and scripts are Trademarks of FF or third parties, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FF. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of FF or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of FF or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is prohibited.
You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page / homepage of this Site (www.friendlyfavor.com) and does not portray FF or any of its products or services in a false, misleading, derogatory or defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any FF Trademark or other proprietary information including the images found at the Site, the content of any text or the layout or design of any page or any form contained on a page without FF’s express written consent. Links to third-party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. FF has not reviewed any of these third-party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. FF does not endorse or make any representations about third-party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. You acknowledge and agree that FF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any third-party sites.
Except as expressly permitted by FF, any access or attempt to access non-public or registered user areas of the Site or FF servers for any purposes is prohibited. You agree that you will not (i) use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the pages on the Site or the Content therein without FF’s express written permission, (ii) spam or send unsolicited email to any other user of the Site for any reason (other than in connection with your use of FriendlyFavor’s referral service, (iii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or (iv) take any action that imposes an unreasonable or disproportionately large load on FF’s infrastructure.
FF takes no responsibility for Content provided by you or any third party (including, without limitation, any viruses or other disabling features), nor does FF have any obligation to monitor such Content. Content submitted by users will be considered non-confidential and FF is under no obligation to treat such Content as proprietary information. FF reserves the right at all times to remove, edit or refuse to distribute any Content on the Site.
FF claims no ownership or control over any Content submitted, posted or displayed by you on or through the Site. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display and you are responsible for protecting those rights, as appropriate, subject to the following license. By posting or distributing Content to or through the Site, unless FF indicates otherwise, you grant FF a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable license to (a) use, reproduce, modify, distribute, publish, create derivative works from and publicly display and perform such Content in any media and (b) to use the name that you submit in connection with such Content.
In addition, by posting or distributing such Content, you represent and warrant that (a) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site and (b) the use and posting or other transmission of such Content does not violate this Agreement, applicable law, or the rights of any person or entity.
By using any interactive areas of this Site, you agree not to post to or display on the Site any of the following:
While using the Site, you will not:
FF may include advertisements and promotions from third parties on the Site. Your interactions and any transactions with these third parties are solely between you and those third parties. FF is not responsible or liable for any loss or damage incurred as the result of any such interactions or transactions or as the result of the presence of third-party advertisers on the Site.
FF responds to clear notices of alleged copyright infringement. This section describes the information that should be included in these notices. The form of the notice described below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office website, www.copyright.gov).
Regardless of whether FF may be liable for infringement under applicable law, our response to notices alleging infringement may include removing or disabling access to allegedly infringing material and terminating users. If we remove or disable access in response to a notice, we will make a good-faith attempt to contact the provider of the affected content so that they may make a counter notification. In addition to being forwarded to the person who provided the allegedly infringing content, a copy of the notice may be sent to a third-party and may be published and annotated.
To file a notice of infringement with us, you must provide the notice by fax or regular mail and include the items specified below. You may be held liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material on the Site infringes your copyright, we suggest that you contact an attorney. Your notice must include the following (please use the following format, including section numbers):
FriendlyFavor, Inc. Northwest Work Lofts 117 West Denny Way Suite 217 Seattle, WA 98119
Attn: FriendlyFavor DMCA Notices
The provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When FF receives a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide the notice by fax or regular mail and include the items specified below. You may be held liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. If you are not sure whether material you provided on the Site is not infringing the copyrights of others, we suggest that you contact an attorney. Your notice must include the following (please use the following format, including section numbers):
Some FF services do not have account holders or subscribers. For those that do, FF will, in appropriate circumstances, terminate the accounts of repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact FF and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
This Site, including all services, information, content, materials and functions on the Site, is provided “as is” without warranties of any kind, either express or implied. FF disclaims all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment or data accuracy. FF does not and cannot guarantee or warrant that content or any materials or information available from this Site will be accurate, reliable, current, complete or error-free, or that the Site or its servers are free of viruses or other harmful components.
You will not hold FF responsible for other users’ actions or inactions, including things they post on our Site such as Favors. You acknowledge that our Site is a venue to allow any registered user to request Favors from other their own contacts. We are not involved in the actual transaction between the party requesting the Favor and the party providing the Favor, including any payment or other consideration exchanged between the parties. We have no control over and do not guarantee the quality, safety or legality of Favor requests of Favors or items advertised, the truth or accuracy of Favors, the ability of a user to provide a Favor or that any two or more users will actually complete a transaction.
We do not transfer legal ownership of items exchanged between users of our Site, and nothing in this agreement shall modify the governing provisions of Washington Commercial Code § 62A.2-401 and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. In the context of a Favor that includes the purchase and sale of good, unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller, in accordance with Washington Commercial Code §62A.2-401 and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
In no event will FF, its suppliers or other third parties mentioned at or in this Site be liable under any provision or subject matter of this agreement or under any contract, negligence, strict liability or other legal or equitable theory for (a) any indirect, special, incidental, or consequential damages, or (b) cost of procurement of substitute goods or services or (c) interruption of use or loss or inaccuracy or corruption of data, whether or not FF is advised of the possibility of any such loss or damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.
You agree to defend and indemnify FF, its affiliates and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (a) your breach of this Agreement or the documents referenced herein, (b) your violation of any law or the rights of a third party, or (c) your use of this Site.
If you have any questions or concerns about this Agreement, please feel free to contact us any time at by email at support@friendlyfavor.com or at the following mailing address:
FF may revise this Agreement at any time by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then-current terms and conditions.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to the conflict of laws provisions thereof. Except as may be otherwise specifically set forth herein, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington for any litigation, claim, controversy or dispute arising out of or relating to this Agreement and agree not to commence any litigation arising out of or relating to this Agreement except in such courts.
If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. FF’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FF in writing. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. This Agreement may be assigned in whole or in part by FF. Neither this Agreement nor any rights or obligations under this Agreement may be assigned in any manner by you without the express, prior written permission of FF, and any purported assignment in violation of this restriction will be void.