Terms and Conditions

 

TERMS AND CONDITIONS

 

 

Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

[You must be at least [13] years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [13] years of age.]

 

[This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our FriendsUtopia's use of cookies in accordance with the terms of FriendsUtopia's [privacy policy / cookies policy].]

 

License to use website

 

Unless otherwise stated, FriendsUtopia and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

·         republish material from this website (including republication on another website);

·         sell, rent or sub-license material from the website;

·         show any material from the website in public;

·         reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]

·         [edit or otherwise modify any material on the website; or]

·         [redistribute material from this website [except for content specifically and expressly made available for redistribution].]

 

[Where content is specifically made available for redistribution, it may only be redistributed [within your organization].]

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without FriendsUtopia's express written consent.

 

[You must not use this website to transmit or send unsolicited commercial communications.]

 

[You must not use this website for any purposes related to marketing without FriendsUtopia's express written consent.] 

 

[Restricted access

 

[Access to certain areas of this website is restricted.]  FriendsUtopia reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at FriendsUtopia's discretion.

 

If FriendsUtopia provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

 

FriendsUtopia may disable your user ID and password in FriendsUtopia's sole discretion without notice or explanation.]

 

[User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to FriendsUtopia a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to FriendsUtopia the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or FriendsUtopia or a third party (in each case under any applicable law). 

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

FriendsUtopia reserves the right to edit or remove any material submitted to this website, or stored on FriendsUtopia's servers, or hosted or published upon this website.

 

[Notwithstanding FriendsUtopia's rights under these terms and conditions in relation to user content, FriendsUtopia does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied. FriendsUtopia makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, FriendsUtopia does not warrant that:

 

l  this website will be constantly available, or available at all; or

l  the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

 

FriendsUtopia will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

l  [to the extent that the website is provided free-of-charge, for any direct loss;]

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if FriendsUtopia has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit FriendsUtopia's liability in respect of any:

 

l  death or personal injury caused by FriendsUtopia's negligence;

l  fraud or fraudulent misrepresentation on the part of FriendsUtopia or

l  matter which it would be illegal or unlawful for FriendsUtopia to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

[You accept that, as a limited liability entity, FriendsUtopia has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against FriendsUtopia's officers or employees in respect of any losses you suffer in connection with the website.]

 

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect FriendsUtopia officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as FriendsUtopia.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify FriendsUtopia and undertake to keep FriendsUtopia indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by FriendsUtopia to a third party in settlement of a claim or dispute on the advice of FriendsUtopia's legal advisers) incurred or suffered by FriendsUtopia arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

Breaches of these terms and conditions

 

Without prejudice to FriendsUtopia's other rights under these terms and conditions, if you breach these terms and conditions in any way, FriendsUtopia may take such action as FriendsUtopia deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VIP Memberships MUST be cancelled by you from your PayPal account, even if we are the ones who suspend, cancel or delete your account, this is your responsibility and we can not be held accountable if you fail to do so. 

Variation

 

FriendsUtopia may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

FriendsUtopia may transfer, sub-contract or otherwise deal with FriendsUtopia's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to the
http://friendsutopia.com and FriendsUtopia.Com and governs data collection and usage. For the
purposes of this Privacy Policy, unless otherwise noted, all references to FriendsUtopia.Com
include http://friendsutopia.com and FriendsUtopia. The FriendsUtopia website is a Social
Network site. By using the FriendsUtopia website, you consent to the data practices described in
this statement.

Collection of your Personal Information


We do not collect personally identifiable information from our users. We may gather personal or
non-personal information in the future.
Information about your computer hardware and software may be automatically collected by
FriendsUtopia. This information can include: your IP address, browser type, domain names,
access times and referring website addresses. This information is used for the operation of the
service, to maintain quality of the service, and to provide general statistics regarding use of the
FriendsUtopia website.
Please keep in mind that if you directly disclose personally identifiable information or personally
sensitive data through FriendsUtopia's public message boards, this information may be collected
and used by others.
FriendsUtopia encourages you to review the privacy statements of websites you choose to link to
from FriendsUtopia so that you can understand how those websites collect, use and share your
information. FriendsUtopia is not responsible for the privacy statements or other content on
websites outside of the FriendsUtopia website.

Use of Cookies

The FriendsUtopia website may use "cookies" to help you personalize your online experience. A
cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be
used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you,
and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The
purpose of a cookie is to tell the Web server that you have returned to a specific page. For
example, if you personalize FriendsUtopia pages, or register with FriendsUtopia site or services, a
cookie helps FriendsUtopia to recall your specific information on subsequent visits. This simplifies
the process of recording your personal information, such as billing addresses, shipping addresses,
and so on. When you return to the same FriendsUtopia website, the information you previously
provided can be retrieved, so you can easily use the FriendsUtopia features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept
cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you
choose to decline cookies, you may not be able to fully experience the interactive features of the
FriendsUtopia services or websites you visit.
Security of your Personal Information
FriendsUtopia secures your personal information from unauthorized access, use or disclosure.

COOKIES POLICY

 About cookies

 

This website uses cookies.  By using this website and agreeing to this policy, you consent to Friendsutopia's use of cookies in accordance with the terms of this policy.

 

Cookies are files sent by web servers to web browsers, and stored by the web browsers.

 

The information is then sent back to the server each time the browser requests a page from the server.  This enables a web server to identify and track web browsers.

 

There are two main kinds of cookies: session cookies and persistent cookies.  Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

 

 

Google cookies

 

FriendsUtopia uses Google Analytics to analyse the use of this website.  Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers.  The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information.  Google's privacy policy is available at: http://www.google.com/privacypolicy.html.]

 

[FriendsUtopia publishes Google Adsense interest-based advertisements on this website.  These are tailored by Google to reflect your interests.  To determine your interests, Google will track your behaviour across the web using cookies.  You can view, delete or add interest categories associated with your browser using Google's Ads Preference Manager, available at: http://www.google.com/ads/preferences/.  You can opt-out of the Adsense partner network cookie at: http://www.google.com/privacy_ads.html.  However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.]

 

 

Refusing cookies

 

Most browsers allow you to refuse to accept cookies. 

 

In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. 

 

In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.

 

Blocking cookies will have a negative impact upon the usability of some websites.



Children Under Thirteen

FriendsUtopia does not knowingly collect personally identifiable information from children under
the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for
permission to use this website.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of
certain information. Users may opt-out of receiving any or all communications from FriendsUtopia
by clicking here

Changes to this Statement

FriendsUtopia will occasionally update this Statement of Privacy to reflect company and customer
feedback. FriendsUtopia encourages you to periodically review this Statement to be informed of
how FriendsUtopia is protecting your information.

Contact Information

FriendsUtopia welcomes your questions or comments regarding this Statement of Privacy. If you
believe that FriendsUtopia has not adhered to this Statement, please contact FriendsUtopia at:
FriendsUtopia.Com
295 E. Lexington St.
Wytheville, Virginia 24382
Email Address:
admin@friendsutopia.com

Effective as of February 14, 2013

 

 

WEBSITE DISCLAIMER

  

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  FriendsUtopia makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, FriendsUtopia does not warrant that:

 

l  this website will be constantly available, or available at all; or

l  the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

 

FriendsUtopia will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

l  [to the extent that the website is provided free-of-charge, for any direct loss;]

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if FriendsUtopia has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit FriendsUtopia’s liability in respect of any:

 

l  death or personal injury caused by FriendsUtopia’s negligence;

l  fraud or fraudulent misrepresentation on the part of FriendsUtopia’s; or

l  matter which it would be illegal or unlawful for FriendsUtopia to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

[You accept that, as a limited liability entity, FriendsUtopia has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against FriendsUtopia’s officers or employees in respect of any losses you suffer in connection with the website.]

 

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect FriendsUtopia’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as FriendsUtopia.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

COPYRIGHT NOTICE

 

Copyright © 2013 FriendsUtopia.com D.B.A. FriendsUtopia

 

 

Ownership of copyright

 

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by FriendsUtopia [and its licensors].

 

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