There has been a change to these Terms and Conditions as 29/04/08.
Your continued use of the Friends Reunited Service constitutes your acceptance
of the new Friends Reunited Terms and Conditions.
1. Introduction
1.1 This Agreement is a legal document which sets out
your rights and obligations, and those of Friends Reunited International Limited, a company
registered in England under registration no. 4803636 ("Friends
Reunited", "we" or "us"), in relation to the Friends
Reunited website (the “Site”) and the services offered by Friends Reunited
through it (the "Friends Reunited Service")
1.2 This Agreement incorporates
by reference the Friends Reunited Acceptable Use Policy a full copy of which is
available here and the Friends Reunited
Privacy Policy, a full copy of which is available here.
1.3 You must take the time to read and understand this
Agreement before registering for the Friends Reunited Service. By registering,
you accept that you are entering into a contract with us on the terms of this
Agreement. If you are a visitors to the Site and do not register, you similarly
affirm that you are bound by this Agreement each time you access the Site. Please
note that you are also responsible for ensuring that all persons who access the
Site and Friends Reunited Service through your internet connection are aware
of, and abide by, the terms of this Agreement.
1.4 Friends Reunited reserves the right to change this
Agreement from time to time, and post the new version of this Agreement on the
Friends Reunited Service (“New Agreement”). When we do so, we will notify you
of the fact that there are changed terms on the main screen of the Site at http://www.friendsreunited.com.au and
post a link to the New Agreement there. This Agreement, and any new version of
it in the future, takes effect immediately. Your continued use of the Friends
Reunited Service after Friends Reunited posts any New Agreement constitutes
your acceptance of the terms of the New Agreement. If you do not agree to be
bound by the terms of the New Agreement, do not continue to use or access the
Friends Reunited Service.
2. Accessing the
Friends Reunited Service
2.1 To use the Friends Reunited Service, you must be
at least 18 years of age. By using the Friends Reunited Service, you represent
and warrant that you are 18 years or older. Any use of the Friends Reunited
Service by anyone under the age of 18 is strictly prohibited and is in
violation of this Agreement.
2.2 Please note that we are not an internet service
provider. In order to avail yourself of the Friends Reunited Service, you must
have internet access and all the software (and skills) required for email and
web usage.
2.3 The Site and the Friends Reunited Service may be temporarily
unavailable from time to time for maintenance or other reasons. We assume no
responsibility for any omission, interruption, error, delay, deletion, or defect
in operation of the Site or Friends Reunited Service. We are not responsible
for any technical malfunction or other problems of any telephone network or
service, computer systems, servers or providers, computer or mobile phone
equipment, software, failure of email or players resulting from or in
connection with any technical problems or traffic congestion on the Internet,
including injury or damage to your or to any other person's computer or other
hardware or software, related to or resulting from using or downloading
materials in connection with the Internet and/or in connection with the Friends
Reunited Service or any Platform Applications (defined in clause 11.2 below).
3. Registration
3.1 In consideration of your use of the Friends
Reunited Service, you undertake to:-
(a) register for the Friends Reunited Service using true,
accurate and current information about yourself - including your correct name,
address and any other requested details (“Your Details”);
(b) maintain the accuracy of Your Details by promptly
notify us when there is a change to Your Details by making the necessary
amendments to “Your Details” on your “My Account” page. It is particularly
important that the email address we hold for you is kept up-to-date and that
you have full access to it as we will be sending you important messages to your
email address;
(c) maintain at all times the confidentiality of your
password and not disclose your password to any third party. Please note that for
security or other reasons, we may require you to change your password or other
information which facilitates access to the Friends Reunited Service;
(d) be responsible for the use of your Member account
including all actions that take place using your account; and
(e) notify us immediately if you suspect there has
been unauthorised use of your Member account.
3.2 Users who are eligible to register and are registered
in accordance with the terms of this Agreement on the Friends Reunited Service
are known as “Members”.
3.3 As part of the registration process for the
Friends Reunited Service, you will receive a verification email, the purpose of
which is to take reasonable steps to ensure that the email address you have
nominated during registration is controlled by you. That email contains simple instructions which you must follow.
3.4 At the end of the Friends Reunited registration
form there is the option to also register on our sister sites Genes Reunited. If you tick the box to say yes you would like to
also register on one or more of these sites, then you are also agreeing to be
legally bound by each of the terms and conditions of the chosen services you
have selected when you are using them.
You can find the Genes Reunited
terms and conditions by clicking here.
You can find the Friends Reunited Dating terms and conditions by clicking here
4. Intellectual
Property Rights
4.1 We do not claim ownership rights in the content, information, pictures,
images, sounds, videos, graphics, software, files, or any item whatsoever that
you or any other Member posts on the Site or otherwise makes available or
accessible to other Members or users of the Site and Friends Reunited Service (“Content”). If you post Content in
accordance with the terms of this Agreement, you will retain all intellectual
property rights in that Content subject to the licence granted by you to us pursuant
to clause 4.2 below;
4.2 By submitting Content
, you:
(a) are
representing and warranting that:-
(i) you are fully entitled to do so;
(ii) you are the sole owner of the Content or are
otherwise authorised by the owner of the Content to post the Content on the
Friends Reunited Service;
(iii) the posting of the Content on the Friends
Reunited Service will not violate the rights (including intellectual property
rights) of any third party or any applicable laws, whether criminal, tortious
or otherwise;
(iv) the Content will comply with this Agreement,
including the Friends Reunited Acceptable Use Policy ;
(b) grant us and our affiliates a non-exclusive,
royalty-free, sublicensable, non-terminable, worldwide licence to copy, modify,
distribute, show in public and create derivative works from the Content in any
form, for any purpose, anywhere; and
(c) authorise us to adapt the Content at our
discretion, and so waive your moral rights to object to any derogatory
treatment, or to be identified as the author, of the Content in question.
4.3 You agree to pay for all fees, royalties or any
other payments owing to any third party by reason of your posting of the Content.
4.4 You acknowledge that all copyright, trade marks,
and other intellectual property rights in and relating to the Friends Reunited
Service and Site (including but not limited to the Friends Reunited designs,
text, graphics, pictures, information, applications, software and other files,
and their selection and arrangement), save in respect of the Content, are owned
by us and/or our licensors (the “Friends Reunited Material”). It is easy to
copy material which appears on web-sites, but this does not mean it is legal. Therefore,
you may not copy, distribute, show in public or create any derivative work from
or use the Friends Reunited Material, or any other material which is found on
the Friends Reunited Service unless strictly in accordance with the licence
granted to you in clause 4.5.
4.5 Provided you are eligible to use the Friends
Reunited Service as a Member, you are granted a limited licence to download or
print a copy of the Friends Reunited Material solely for your own personal,
non-commercial use provided that you acknowledge that the copied material is the
property of Friends Reunited. You must not modify, distribute, republish,
display, post, transmit, sell, or incorporate into other databases or
compilations the copies of the Friends Reunited Material you have made, in
whole or in part. If you use the Friends Reunited Material in breach of this
limited licence, this limited licence will immediately terminate, your right to
use the Friends Reunited Service will cease immediately and you must return or
destroy any copies of the Friends Reunited Material you have made.
5. Trade Marks
Friends Reunited and its
accompanying logo are registered trademarks in the United Kingdom and elsewhere
around the world (the “Friends Reunited Trade Mark”). You must not copy or otherwise
use the Friends Reunited Trade Mark without the prior written approval of
Friends Reunited.
6. Member
Conduct and Termination
6.1 You agree to use the Friends Reunited Service only
for your personal non-commercial use.
6.2 The Friends Reunited Service is intended to be
used by its Members for the purposes referred to in this Agreement.
Accordingly, you must not use the Friends Reunited Service or the Site
generally in an unlawful manner or in a manner that breaches this Agreement
(including the Friends Reunited Acceptable Use Policy www.friendsreunited.co.uk/Acceptable_Use).
6.3 Without prejudice to the generality of clause
6.4(a) below, if you breach any clause of this Agreement we may terminate your
Membership with or without notice to you.
6.4 We reserve the right in our sole discretion:
(a) to suspend or terminate your or any Member's
access to the Friends Reunited Service, or parts of it; and/or
(b) to remove, or require you or any other Member to
remove Content, if you or the relevant Member or Content appears to us, or to a
complainant, to be in breach of any provision of this Agreement.
6.5 If your access has been suspended or terminated you
must not re-register for, or re-access, the Friends Reunited Service without
our prior consent.
6.6 You are responsible for everything which is done
on or through the Friends Reunited Service while your Membership account is
logged on to the Friends Reunited Service, or through your email address(es).
6.7 Where we reserve a right in this Agreement, it
does not mean we are obliged to exercise it. Also, you acknowledge that given
the open-access nature of the Friends Reunited Service, we cannot prevent
determined people whose Membership has been suspended or terminated from
re-accessing or re-registering as Members, in breach of their obligations under
this Agreement.
7. Creating a
Member Account
7.1 You may create, manage, operate and maintain your
Member account by:-
(a) finding and adding friends from your email
address book;
(b) requesting to add other
Members as friends and accepting friend requests from other Members;
(c) managing the privacy of
your profile page by classifying your friends as “Friends and Family” or
“Acquaintances”;
(d) posting your name,
profile notes, photos, videos, messages, material and commentary on your
profile page;
(e) accessing the profile
pages of your friends;
(f) posting comments and buzzes on your friends’ Member
profile pages;
(g) receiving emailed
messages, which will be stored in your Friends Reunited inbox. Notification of
receiving a message will be sent to the email address contained in Members' “My
account” page;
(h) opening and reading
messages received into your Friends Reunited inbox;
(i) sending emails to other Members;
(j) constructing a timeline
of your life and linking your timeline to the timelines of your friends; and
(k) posting updates of your
activities on your profile homepage or profile newsflash section.
7.2 The above list of functions is not exhaustive and
there may be additional functions available on the Friends Reunited Service.
Friends Reunited does not represent that the functions listed will always be
available and reserves the right to remove functions in its sole discretion at
any time.
7.3 From time to time, Friends Reunited or its
affiliates may offer new or additional services through the Friends Reunited
Service. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a
material provision of the terms or rules governing such additional services
will amount to a breach of this Agreement and enable us to terminate this
Agreement with you.
8. Joining a Place
8.1 A “Place Page” is a publicly available place on the
Site dedicated to an organisation, school club, workplace, team, street, award,
armed forces or interest group (“Place”). You may join a Place Page for a Place
in which you have an interest, provided however that you may only join the Place
Page of a Place to which you belong, or once belonged, at the relevant time.
For example, you should not join the Place Page for the 1992 class of Blackwood High School unless you left Blackwood High School in 1992.
8.2 Once you have joined a Place Page, you become a Place
Member and:-
(a) may post your name,
profile notes, photos, videos, messages and material on the Place Page;
(b) an update notification is
sent to all other Place Members of that Place Page notifying them of your
joining;
(c) may receive by email a
notification when a new person has registered on a Place Page. Please note each
email will give the Place Member an opportunity to opt-out of receiving future
emails of that type;
(d) may send and receive emails from other Place Members;
and
(e) may become a “Reunion
Organiser”. Please note that there is a fee for this service of £10 per reunion
and in consideration of this fee, Reunion Organisers will be given access to a
group email feature and reunion message board. If you are asked for, and
provide, details of a credit, debit or charge card, you must ensure that (a)
you are fully entitled to use that card, and (b) it has available funds
sufficient to cover the charges which are deducted from it.
9. Your Privacy
9.1 This Agreement incorporates by reference the terms
of the Friends Reunited Privacy Policy www.friendsreunited.co.uk/privacy. By
agreeing to this Agreement, you give your consent to the way we may handle your
personal data as detailed in the Friends Reunited Privacy Policy. Given the
global nature of the World Wide Web, any posting on the Friends Reunited
Service (including any which contain personal information) is, of course,
accessible to Internet users around the world;
9.2 You have the ability to control which other
Members have greater access to your Member profile page than others. Any Member
can view the elements of your Member profile pages that you do not select to be
accessible only by “Friends and Family” contacts or “Acquaintances” as
explained further in the clauses below (“Standard Access”).;
9.3 Where you wish to add or accept another Member as
your friend and want that Member to have the highest level of access to your
profile page (save for your inbox and sent items), designate that Member as a
“Friends and Family” contact in the settings when you add them as a friend or
accept their friend request;
9.4 Where you wish to add or accept another Member as
your friend but want to restrict that Member’s access to your Member profile page,
designate that Member as an “Acquaintance” when you add them as a friend or
accept their friend request;
9.5 It is open to you at any time to delete your
Friends and Family contacts and your Acquaintances contacts, in which case
those Members will immediately have no more than Standard Access to your Member
Profile Page.
10. Alerting Us
and Removal of Content
10.1 You acknowledge that we are not and cannot be
responsible for the Content or behaviour of other Members - whether on the
Friends Reunited Service or outside of it. We only provide a venue where the
Friends Reunited Service may be accessed.
10.2 If you see anything on the Friends Reunited Service
which appears to breach any clause of this Agreement, then please contact us to inform us of it by using the "Report" function, or by emailing
us at support@friendsreunited.co.uk
10.3 You acknowledge that we do not monitor or approve
Content, and so we are reliant upon users to point out any which breaches this
Agreement. Although
we provide rules for Members’ conduct and Content postings, we do not approve
or control and are not responsible for what Members post, transmit or share on
the Site and are not responsible for any inappropriate, obscene, offensive,
unlawful or otherwise objectionable Content you may come across on the Site or
in connection with any third party Platform Applications, software or Content.
10.4 You acknowledge that we may delete or remove any Content, or move any Content from a place on
the Site which all Members can access to a place that is only accessible by
your Friends and Family contacts, without notice and in our sole discretion,
for any reason, including Content that we decide in our sole discretion breaches
this Agreement including the Friends Reunited Acceptable Use Policy, or which might be inconsistent
with the Friends Reunited brand values (which we determine from time to time in
our sole discretion) or bring the Friends Reunited Service into disrepute. You
are solely responsible at your sole cost and expense for creating backup copies
and replacing any Content you post or store on the Site or provide to us.
11. Third Parties
11.1 The Friends Reunited Service contains links to
third party websites (“Third Party Sites”).We have no control over the content
of Third Party Sites and accept no responsibility for them or for any loss or
damage that may arise from your use of them. You acknowledge that you access and
use Third Party Sites from the Friends Reunited Service at your own risk.
11.2 From time to time we enter into platform
services agreements with third parties. These are agreements that allow third
parties to install third party software, content, material or applications on
the Friends Reunited Service that retrieves data made available by Members
and/or to install applications on third party websites that retrieve data made
available on third party sites for use by Members on the Friends Reunited
Service (“Platform Applications”). An example of a Platform Application is the
“WeeMee” application.
11.3 You may elect whether or not to use Platform
Applications. When using a Platform Application, the third party provider may require
you to agree to its own terms and conditions before proceeding. If you do not
wish to be bound by such terms and conditions, do not agree to them and cease
your installation of the relevant Platform Application. We accept no
responsibility for Platform Applications or for any loss or damage that may
arise from your use of them. You acknowledge that you install Platform
Applications at your own risk.
12. Disclaimer and
Release
12.1 The Site, the Friends Reunited Service, any Platform Applications
and the Content are provided "as-is" and we disclaim any and all
representations and warranties, whether express or implied, including implied
warranties of title, merchantability, fitness for a particular purpose or
non-infringement. We cannot guarantee and do not promise any specific results
from use of the Site and/or the Friends Reunited Service, and/or any Platform Applications.
We do not represent or warrant that software, Content or materials on the Site,
the Friends Reunited Service, or any Platform Applications are accurate,
complete, reliable, current or error-free or that the Site or Friends Reunited
Service its servers, or any Platform Applications are free of viruses or other
harmful components. Without limiting the foregoing, you understand and agree
that you download or otherwise obtain content, material, data or software from
or through the Friends Reunited Service and any Platform Applications at your
own risk and that you will be solely responsible for your use of them and any
damages to your computer system, loss of data or other harm of any kind that
may result.
12.2 We accept no responsibility for the truth or
accuracy of any material available on the Friends Reunited Service and Site,
whether provided by Members or others. Content and any other information and
material available on the Friends Reunited Service and Site is not intended to
amount to advice on which anyone should place any reliance. We disclaim all
liability arising from any reliance placed by any person (whether or not a
Member) on material available on the Friends Reunited Service and Site.
12.3 You should exercise no lesser degree of caution in
appraising what you see on the Friends Reunited Service than you do offline.
12.4 You acknowledge that even though Members are prohibited
from doing so, they may provide information, or otherwise behave, in a way that
is unreliable, misleading or even illegal. Further, you acknowledge that people
may not necessarily be who they say they are.
13. Excluded loss
13.1 In no event will we, or our directors, employees or
agents be liable to you or any third party for any direct, indirect, special,
consequential, exemplary or incidental loss or damage, or for any loss of data,
profit, revenue or business, arising from your use of the Site or the Friends
Reunited Service, any Platform Applications, or Content, information or other
materials on the Site, even if we have been advised of the possibility of such
loss or damages.
13.2 We will also not be liable for any failure to
perform any of our obligations under this Agreement caused by matters beyond our
reasonable control.
14. Maximum
liability
Without limiting the
preceding clause, our aggregate liability under this Agreement (whether arising
in negligence or otherwise) will not under any circumstances exceed one
thousand pounds sterling (£1000).
15. Indemnity
You agree to indemnify and
hold Friends Reunited and its affiliates harmless from all loss, liabilities,
claims, demands and expenses (including reasonable legal fees) made by any third
party that may arise from any breach of this Agreement by you or through a
machine on which you access the Friends Reunited Service or otherwise in
relation to any software, Platform Application or Content you post or share on
the Site or via the Friends Reunited Service.
16. Assignment
16.1 We reserve the right to assign this Agreement, and
to assign or subcontract any or all of our rights and obligations under this
Agreement.
16.2 You may not without the written consent of Friends Reunited assign or dispose of this Agreement or any of your rights or
obligations under it.
17. Entire
Agreement
17.1 This Agreement includes the Friends Reunited
Privacy Policy and the Friends Reunited Acceptable Use Policy. Together they contain the whole of this Agreement between us and you concerning the Friends Reunited Service
and they replace all earlier agreements and understandings with you, except for
any fraud or fraudulent representation by either of us.
17.2 A person who is not a party to this Agreement has
no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or
enforce any term of this Agreement.
18. Severability
In the event that any term
of this Agreement is held to be invalid or unenforceable by judicial decree or
decision, the remainder of this Agreement shall remain valid and enforceable.
19. Law
This Agreement shall be
governed by and construed in accordance with the laws of England and Wales.
20. Keeping this
Agreement
We don't separately file
the individual Agreements entered into by members when they register for the
Friends Reunited Service. You can access it at www.friendsreunited.co.uk .
21. Statutory
Information
You can contact us by post at SchoolFriends World Pty Ltd, PO Box 101, Stanhope Gardens, NSW 2768, Australia.
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