Friends At End User License Agreement
Last Revised: 8th July 2017
This End User License Agreement (“Agreement”) is between you and Toroid Software Pty. Ltd (“Toroid” “we” or “us”) and governs use of this app made available through the Apple App Store. By installing the Friends At App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Friends At App.
In order to ensure Toroid provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report User” feature found in Chat and Catchup.
This Agreement is between you and Toroid only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Toroid, not Apple, is solely responsible for the Friends At App and its content.
2. Limited License
Toroid grants you a limited, non-exclusive, non-transferable, revocable license to use the Friends At App for your personal, non-commercial purposes. You may only use the Friends At App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
3. Age Restrictions
By using the Friends At App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Friends At App does not violate any applicable law or regulation. Your access to the Friends At App may be terminated without warning if Toroid believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Friends At App, you agree to be bound by this Agreement in respect to your child’s use of the Friends At App.
4. Objectionable Content Policy
Content may not be submitted to Toroid, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
Toroid disclaims all warranties about the Friends At App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Toroid, not Apple, shall be solely responsible for such warranty.
6. Maintenance and Support
Toroid does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Toroid, not Apple, shall be obligated to furnish any such maintenance or support.
7. Product Claims
Toroid, not Apple, is responsible for addressing any claims by you relating to the Friends At App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Friends At App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
8. Third Party Intellectual Property Claims
Toroid shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Friends At App. To the extent Toroid is required to provide indemnification by applicable law, Toroid, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Friends At App or your use of it infringes any third party intellectual property right.