1.1. These Terms of Service govern the use of the Friendz or Mobile Platform application (hereinafter referred to as "the App"), created and managed by Friendz SA, located in Switzerland, 6830 Chiasso, Corso San Gottardo, 16 (Hereinafter "Company" or "Friendz"), by users (hereinafter collectively referred to as "Users" and individually as "User").
1.2. User registration and use of the App are subject to the full and explicit acceptance of these Terms of Service (hereinafter referred to as “TOS”), which constitute a legally binding agreement between Friendz and the User regarding the use of the App by this last.
2.1. Friendz reserves the right to change the TOS at any time, for example as a result of legislative or regulatory changes or modification of the services offered through the App, by giving notice to the User through App.
2.2. The User must expressly accept the Terms of Service as amended because, in the event of non-acceptance of the Terms of Service as amended, the use of the App by the User will be suspended until acceptance of the Terms of Service as amended or Account Cancellation by the User.
2.3. The current Terms of Service will become effective on 03/12/2019 and will moreover be applied unconditionally to accounts that have not been used for more than 90 days after the current Terms of Service have come into effect.
3.1. The User who intends to use the App must necessarily:
3.2. Downloading the App and creating your account is a necessary condition to use the service offered by Friendz as described in art. 7.
4.1. To use the App the User must hold:
4.2. Access to the App and related social accounts and, in any case, your access data to the app, must be kept confidential by the User, as he is deemed to be solely responsible for any activity performed personally or by third parties through his or her account, both with regard to Friendz and third parties.
4.3. The User shall immediately notify Friendz of any breach of security and any unauthorized use of his/her account.
4.4. Friendz reserves the right to refuse access to the App or the provision of its services to any User and to delete accounts created by Users by name, appearance, e-mail address or other identifiable personal data as belonging to third parties or considered unfit for their full discretion.
4.5. Friendz defines "Not Fit" accounts any social account that is not fully real or created for secondary purposes related to the mere economic gain.
4.6. Friendz reserves the right to restrict certain functions of the App only to Users older than 18 years, or even older if the majority age is different in specific local jurisdctions.
4.7. The User shall indemnify and hold Friendz, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the App other than the uses expressly permitted by these TOS.
5.1. By accepting these TOS, the Useris authorized by Friendz to use the App, subject to the following conditions.
In particular, the User is not permitted:
5.2. The User is responsible for ensuring that all the above-mentioned requirements are respected by the content (“Content”) that publishes through and in the App, claiming to be the sole owner and copyright owner of the same content, and exonerating and shrinking Friendz and its employees from any liability to third parties for any damages caused by the above contents, including defamatory, offensive or otherwise unlawful conduct, the responsibility of which falls, as described, entirely to the User.
6.1. Friendz reserves the right to investigate and prosecute, according to the limits of the applicable law, any breach by the User of the TOS.
6.2. In case of breach by the User of these TOS and / or the rules of use of the App and / or the rules established for each campaign, Friendz reserves the right to suspend, cancel (terminate the contractual relationship) or reset the balance of the credits accumulated in the relevant account to its unquestionable and exclusive judgment, with or without notice at its sole discretion; and prevent the User from using the App.
6.3. If a Friendz campaign or initiative entails access to or otherwise an activity for the User to be conducted on platforms of third parties, the provision of art. 6.2. applies as well in case of breach by the User of the terms of service of the third-party platforms.
6.4. Content taken by the User will be:
In particular, only if they comply with the requirements of the relevant campaign pursuant to art. 7 and to these TOS.
In any case, Friendz reserves the right to:
if, following further post-publication controls, photographs or Content are evaluated as non-compliant. Friendz reserves the right to apply the penalties provided for in art. 6.2 and 8.4.
6.5. The decision by Friendz to enforce any of the rights in this Item 6. shall in no way be considered as a waiver of the decision by Friendz to enforce its rights by pursuing any legal action permitted by the law.
7.1. Through the App, Friendz allows Users to participate in various activities promoted by commercial companies (hereinafter "Companies").
7.2. By deciding to publish photos or any other functional content (“Content”) to participate in a campaign, the User waives any confidentiality warranties on them.
7.3. The right to be recognized as the author of the Content posted on social network through the App or within the App belongs to the User. At the discretion of Friendz, an exclusive or non- exclusive license may be request to the User on the Content published on social network through the App or within the App itself. This license, regardless of its exclusive or non-exclusive nature, may be transferred to third parties (with the grant of sub-licenses) for use, for public and private reproduction, distribution or economic exploitation of any kind, including the right to modify the contents or assemble them with others.
7.4. When publishing a Content through the App, the User may grant its prior consent to use such Contentby Friendz on its channels (site, Facebook page or bulletin board within the APP) and the transfer of the right of the economic exploitation of Content in favor of Friendz or third parties, in respect of the payment of a predetermined price and expressed in Credits according to the provisions of art. 8. In the event that the request for the transfer of the right of exploitation takes place by the Company, the User agree to waive the right to exploit the image in exclusive form and not to use the image elsewhere.
7.5. The User acknowledges and agree to be the sole responsible for his/her Contents and the consequences of their publication and declare that he/she is aware that Friendz is not responsible for any consequence associated with the User's uploaded or created Content.
7.6. The User shall not publish photos or Contents that are not owned or contain illegal material deemed to be covered by the copyright of third parties under their own discretion. It is not allowed to participate to the initiatives into the App with Contents already posted online, except for publication on one of their social profiles. In case of breach Friendz reserves the right to apply the sanctions provided for in art. 6.2 and 8.4.
7.7. The User undertakes to keep the company harmless from and against all loss, damage and expense and relieve the other party towards users or third parties of the ownership or exploitation of the image rights of the other subjects possibly retracted in the published Content.
7.8. The User hereby declares that he/she has all the necessary licenses, rights, permissions required to allow Friendz to use the Content in accordance with these TOS.
7.9. If Friendz becomes aware of any violation of these TOS, the Company reserves the right to decide whether or not to report to the social network the Content for their removal and the Content that are in violation of these TOS at any time without prior written notice and at its sole discretion. Friendz, in any case, reserves the right to cancel the uploaded Content and / or created by the User, as well as to hide it, in both cases without notice and in its sole discretion. Furthermore, Friendz may request the User to cancel any Content that is harmful to the present TOS.
7.10. Friendz reserves the right to organize and promote, through the App, promotional activities of various kinds, including with the involvement of third parties: in such cases, the regulation of individual initiatives will be communicated to Users via the App as is the case with the campaigns , and the User will be free to participate or not at the initiative. Friendz, in any case, reserves the right to cancel the uploaded Content and / or created by the User, as well as to hide it, and / or inhibit the User from participating in initiatives present in the App, in any case without notice and its sole discretion. Friendz may request the User to cancel any Content that is harmful to the rules contained in the various initiatives in the App.
7.11. The User accepts and grants explicit permission to share their published / created Content within the App with other members of the Friendz community on a specific bulletin board inside the App and / or in other sections of the App.
7.12 In case of publication of Content for promotional and / or advertising purposes by the User on social network through the App or within the App, the User, in order to allow third parties to identify the promotional / advertising / sponsorship purpose, undertakes to include at least one of the following hashtag in the description of the Content: #adv, #AD, #advertising, #sponsored.
7.13 The User expressly agrees to indemnify and hold harmless Friendz from any sum Friendz was forced to pay for any reason, without exception (included but not limited to compensation, judicial sentence, reimbursement of legal costs) against the violation by the User of the previsions of point 7.12.
8.1. After the valid participation in a certain initiative within the App, Friendz recognizes to the User virtual credits available on e-commerce of commercial companies ("Credits"). Credits are cumulative and are made available only after reaching a minimum threshold set by the chosen prize. In any case, Friendz communicates within the App which initiatives involve the provision of credits.
8.2. By opening the section entitled "Wallter" on the App, the User will be able to check at any time the balance of Credits accumulated with the assets.
8.3. Once the Credit Limit has been reached, the User will only be entitled to reimburse his / her compensation after completing the appropriate form in the Application and entering and confirming by email the requested information (eg name, surname, address, birth date , email, phone number, etc.).
8.4. In the cases provided for in art. 4.4, 6.2, 6.4, 7.8. and any breach of the rules and rules contained within the individual campaigns, the Company reserves the right to cancel and extinguish any Credit received by the User at its sole discretion.
9.1. The App and the services contained therein are provided “as is”, without any warranty by Friendz regarding their quality and condition, nor about the user's satisfaction in using them.
9.2. Friendz also does not warrant that the App and the services contained therein are available without interruption, risk or error or assume responsibility for technical, hardware or software malfunctions, network connection interruptions, incorrect, inaccurate, inaccurate user registrations , incomplete, illegible, damaged, lost, delayed, incorrectly directed, unrecognized, delayed or incorrect electronic or other communications, problems in downloading multimedia content, and software operating problems already on the App.
9.3. Friendz shall also not be liable regardingthe truthfulness, correctness, accuracy, punctuality, completeness or reliability of the information found on the App or through links to high mobile applications or websites in it.
9.4. Except as a result of gross negligence or gross negligence under the law, Friendz shall not be considered liable for any losses (including goodwill or commercial reputation) or damages suffered by the User:
9.5. The User acknowledges and agree that Friendz may, at its sole discretion, interrupt (temporarily or permanently) the accessibility to the App (or any item within the App) against or against the Users in general, without this having been communicated in advance.
9.6. The restrictions on Friendz's liability under this Article apply irrespective of the Company's knowledge of the possibility of causing losses or damages in the specific case.
10.1. These TOS remain in force until the User or Friendz decide to terminate them as set forth below.
10.2. Cancellation can be made at any time by both Friendz and the User. If the User intends to terminate the contract with the Company, he or she may do so directly in the App, by accessing the appropriate section called "Delete Account".
10.3. If Friendz intends to terminate the contract with the User, Friendz will send a notice of the App with reasonable notice followed by an electronic communication to the e-mail box from the latter and will subsequently cancel the account.
10.4. As soon as this Agreement ceases, all rights, obligations and responsibilities of the Parties for which indefinite duration is expected will not be affected by such termination, including the rights and faculties of the Company referred to in art. 7.
10.5. In case of non-access to the App for a period of time exceeding 90 (ninety) days, Friendz will suspend any Credits accumulated by the user and current into the user's account. Suspended Credits may be reactivated if the user performs both of the following actions: 1) access the App through the same login credentials used during registration; 2) fully performs one of the activities specifically indicated in the App for the reactivation of the aforementioned Credits, as and when indicated. In the case referred to in this art. 10.5, Friendz reserves the right to maintain user account data, which is stored for the time required for the purposes for which it was collected. For more information, please read the Privacy Policy in the App.
10.6. If Friendz intends to delete privacy data with the user for non-user activity, it will send an electronic communication to the e-mail box from the latter and will then delete the account.
11.1. These TOS and all the services rendered by Friendz within the App are compliant to the GDPR (EU reg. 679/16).
11.2. These TOS, all the related Licenses and legal documents, and any amendments or modifications made by Friendz from time to time, shall constitute the entire agreement between User and Friendz
11.3. Friendz will be able to send all communications regarding the User with the terms of art. 2 of the Terms of Service.
11.4. Should any part or provision of these TOS be held to be invalid or unenforceable by any competent Court, governmental or administrative authority having jurisdiction, the other provisions of these TOS shall nonetheless remain valid and be replaced with a substitute provision that best reflects the economic intentions of the replaced provision without being unenforceable. The same shall apply if and to the extent that these TOS are found to contain any gaps or omissions.
11.5. Nothing in these TOS is to be construed as constituting a partnership, joint venture, employment or agency relationship between User and Friendz.
11.6. The failure of Friendz to enforce any of the provisions of these TOS or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way affect the validity of these TOS
12.1. These TOS are subject to and governed by Swiss Law to the exclusion of Swiss International Private Law and any International Treaties. Any User and Friendz agree to seek an amicable settlement prior to bringing any legal action.
12.2. Friendz and User irrevocably agree that the court of Lugano, Switzerland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these TOS or its subject matter or formation (including non-contractual disputes or claims).