Address: HELP Inc., #4049, S. Lemon Ave., 91789, CA, USA
The botfriend.me, website, domain name and application services (including without limitation the mobile application services) offered from time to time by Company in connection therewith (individually the "App" and collectively, the "Apps" or "Website") are owned by HELP Inc., and are licensed to and operated by the Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the respective website and Apps at botfriend.me and botfriend.me app respectively, and that have been selected by you (together with the App, the "Services"), solely for your own use, and not for the use or benefit of any third party. The term "Services" includes, without limitation, on demand collaborative consumption platform provided by the Company to you, though the use of the App, any other services Company performs for you and the Content (as defined below) offered by Company on the App. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Company reserves the right to amend this Agreement from time to time. If we make changes to this Agreement, we will notify you (for example, by email or a sign-in notification or some other means). By continuing to use the Service after those changes become effective, you are agreeing to be bound by the revised Terms of Service; if you do not agree to the change, do not use the Services after the change is effective, in which case the change will not apply to you.
We have placed this detail over and above all of our other terms because it is the most important (although it is also referenced below). Please note that the botfriend.me platform is only open to adults looking to express themselves in the form of messaging. We have zero tolerance for any minors on the platform, whether such individuals are actually minors or pretending to be minors perhaps in a misguided attempt at role-play. Moreover, we have zero tolerance for any image of any minor being uploaded to our platform for any reason. Please be advised that we reserve the right to and do report each and every suspected minor to the National Center for Missing and Exploited Children and any and all other law enforcement agencies we feel appropriate. If you believe that a minor is using the site, we request and encourage members to report each and every user he or she encounters which he or she believes or suspects to be under the age of 18. If you are a minor, you must immediately leave this site now. You are not legally permitted on botfriend for any reason, and if we find you on this site, we will report you to law enforcement as noted above. We will not reactivate you for any reason ever.
With respect to all other matters, we have attempted to keep our rules to a minimum only imposing those we feel are necessary for the safety of our users and the continued operation of botfriend.me.
When you sign up for or otherwise use any service within the botfriend.me website (collectively, the “Site” “we” “our” “us” or other appropriate first-person terms as appropriate), all of which services are hereinafter referred to collectively as the “Service,” you agree to all of the Terms and Conditions of this Agreement. Please read the following Terms and Conditions carefully, as they form the agreement between you, as the Site user (referred to in this Agreement as “User” “you” “your” or other appropriate second-person terms), and the Site (such agreement is referred to herein as the “Agreement”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER OR OTHERWISE USE THE SERVICE. BY USING THE SERVICE, YOU ARE DEMONSTRATING YOUR WILLINGNESS TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AMENDMENTS MADE FROM TIME TO TIME.
- Right to Use. Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service or the Site at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to all or part of the Service without notice or liability.
- As a condition to using some aspects of the Services, you may be required to register on the Website and select a password and user name and any additional information sought in order to use all the features of the Website. If you are accessing the Services through a third party site or service (such as "Facebook Connect"), Company may require that your Company User ID be the same as your user name for such third party site or service. You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
- THIS SERVICE IS FOR ADULTS ONLY! You represent, warrant and covenant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”). The Site and Service are intended for adults only. By using the Site and Service you agree that you have reached the Age of Majority. We reserve the right to terminate your account if we, in our sole and absolute discretion, believe you are in violation of this requirement. We additionally reserve the right to terminate your account and report you to the proper authorities in the event that we suspect, in our sole and absolute discretion, that someone who is not the Age of Majority has used your account.
- If you are seeking any form of pornography, you must exit the Site immediately. We do not provide this kind of material and we do not tolerate those who provide this kind of material, nor do we tolerate consumers of such material.
- In order to further our zero-tolerance policy, you agree to report any images which you have reason to believe depict minors on the Site by emailing “Support” (firstname.lastname@example.org). Include with your report any appropriate evidence, including the date and time of identification. All reports will be investigated and the appropriate action will be taken based upon our reasonable ability to verify the evidence provided.
- You are solely responsible for any information that you post, display or transmit through the Site and/or Service. You agree to keep all information contained on or provided through the Site and/or Service as private and confidential, and agree not give such information to anyone without the permission of the person who provided it to you;
- You are aware that the Service contains some adult-oriented materials, provided only to consenting users who are at least the Age of Majority;
This list is not exclusive, and we may, at any time, prohibit any activity that we determine, in our sole and absolute discretion, to be inappropriate. We reserve the right to terminate or suspend your access to all or part of the Service at any time, with or without notice, for engaging in any inappropriate activity.
- We cannot ensure the security or privacy of information you provide through the Internet or otherwise. You release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
- We are not responsible for, and cannot control, the use of any information, by anyone, that you provide to other parties through the Service. Use caution in deciding what personal information you share with others through the Service.
- We cannot assume any responsibility for the content of any message sent by any user on the Service. You release us from any and all liability in connection with the content(s) of any communication(s) you may receive from other users.
- You will not bring legal action against the Site or any of its employees, officers or agents for any damages of any kind, under any theory, as a consequence of using the Service.
- You may not use the Service or Site for any unlawful purpose. We may refuse to grant you or discontinue your use of any username, for whatever reason, including, for example, if the username you have chosen impersonates or suggests you are someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
- Anyone who is able to commit identity theft can also falsify a user profile.
- There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
- Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your user profile or initial email messages. Immediately stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
- Your Representations and Warranties. By using the Service, you thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the statements below:You are not prohibited by law from using the Service and that you have the legal right, authority and capacity to enter into this Agreement and to abide by all of its Terms and Conditions, as may be amended from time to time.You are familiar with the laws in your area that may affect your legal right to access erotica or adult-oriented material, you have the legal right to access such material, and the Site has the legal right to transmit such material to you in your location.You understand that by using the Service you will be exposed to visual images, verbal descriptions, audio/sounds and other features and/or products of a sexually-oriented, openly erotic nature which may include graphic visual depictions and descriptions of nudity and sexual activity, and you are voluntarily choosing to proceed with your use of the Service because you want to view, read, hear or order such content, materials or products and because you enjoy such content, materials or products, available on the Site or through the Service for your own personal enjoyment, information and/or education.
- You are not prohibited by law from using the Service and that you have the legal right, authority and capacity to enter into this Agreement and to abide by all of its Terms and Conditions, as may be amended from time to time.
- You are familiar with the laws in your area that may affect your legal right to access erotica or adult-oriented material, you have the legal right to access such material, and the Site has the legal right to transmit such material to you in your location.
- You understand that by using the Service you will be exposed to visual images, verbal descriptions, audio/sounds and other features and/or products of a sexually-oriented, openly erotic nature which may include graphic visual depictions and descriptions of nudity and sexual activity, and you are voluntarily choosing to proceed with your use of the Service because you want to view, read, hear or order such content, materials or products and because you enjoy such content, materials or products, available on the Site or through the Service for your own personal enjoyment, information and/or education.
- Video and images on the Site that are available for viewing (the “Content”) are stored on or streamed through our servers at the direction of our users.
- Notice of Intellectual Property Infringement. The Site respects the intellectual property of others, and we ask our community members and others to do the same. If you believe that your work has been copied through use of the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide reach out at email@example.com with the following information:an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;description of the copyrighted work or other intellectual property that you claim has been infringed;a description of where on the Service the material that you claim is infringing is located;your address, telephone number, and email address;a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you made under penalty of perjury that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Termination of Access to the Service. We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.
- Proprietary Information. The Service contains information that is proprietary to us and/or users of the Service. We assert full copyright protection in the Service, including all of the design and code embodied therein. Any information shared or posted by us or by users of the Service may be protected whether it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. You may not use any automated means to in anyway monitor, "scrape", download, use or otherwise collect data and/or content from the Site, including, without limitation, robots/bots, crawlers, or data mining tools. Similarly, you may not use any automated means to create a false impression of traffic to any chatroom.
- No responsibility. We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, “Trojan horses” or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability at any time, and you may stop using the Service at any time. Please see details regarding Cancellation below.
- Security. Your account is private and may not be used by anyone else under any circumstances. You are responsible for all usage or activity on the Service by users using your login and password, including but not limited to use of your login and password by any third party.
- Other Links. The Service may from time to time contain links to other sites and resources (“External Links”). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
- No Warranties. The Service is distributed on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Site or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
- Modifications. We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via email, as determined by us in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting or receipt of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, as modified.
- Nature of Relationship / Disclaimer of Agency. Nothing in this Agreement is intended by you or the Site to constitute an employment relationship, a joint venture, or collaboration between you and the Site. You acknowledge that you are in no way an employee or agent of the Site and as such, you have no authority to act on the Site’s behalf or to bind the Site to any obligation or agreement. This provision also applies to users promoting or making referrals to the Site.
- Complaints. To resolve or report a complaint regarding the Service or users of the Service, users should send an email detailing their complaint to firstname.lastname@example.org. In appropriate circumstances, we will take immediate action in order to help resolve the problem.
- Registration. You may become a user of the Service by completing an online registration form, which must be accepted by the Site. Upon submission of the online registration form, the Site or its authorized agent will process the application. In connection with completing the online registration form, you agree to:Provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”); and Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you remain a user of the Service.
- Provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”); and
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you remain a user of the Service.
You must promptly inform the Site of all changes to the Registration Data, including, but not limited to, changes in your address, and changes in the credit card information you designated for billing for the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Site or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Site has the right to suspend or terminate your account and refuse your current or future use of the Service and Site, as well as possibly subjecting you to criminal and civil liability. You are responsible for rejected payments and any related fees that we incur with respect to your account.
- Member Account and Password. As part of the registration process, you will be issued a unique username and password, which you must provide in order to gain access to the non-public portions of the Service. You certify that, when asked to choose a username, you will not choose a name that falsely represents you as somebody else, or a name that may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate. We reserve the right to cancel, at any time, the membership of any user who uses their selected username in violation of these Terms and Conditions or in any other way we deem inappropriate in our sole discretion. Your membership, username and password are non-transferable and non-assignable. You represent and warrant that you will not disclose to any other person your username or password and that you will not provide access to the Service to anyone who is below the Age of Majority, or who does not willingly wish to view the content on the Site. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. We will not release your password for security reasons. You agree to (a) immediately notify the Site of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree that you are solely liable and responsible for any unauthorized use of the Service using your account until you notify the Site by email regarding the unauthorized use or access. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify the Site with respect to all activities conducted through your account. You may obtain access to your billing records upon reasonable request.
- Billing Errors. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication.
- Severability. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
- Arbitration. All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules and applying the laws in effect in Orange County, California. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.
The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.
Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and the Site hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
Arbitration will take place in Orange County, California exclusively.
You and the Site hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.
The obligation to arbitrate is not binding upon the Site with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.
The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.
You and the Site each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
- Cancellation By User. You may cancel your membership and your account at any time by emailing us at email@example.com. You agree to be personally liable for any and all charges incurred by your account, username and password until you terminate your membership as provided herein. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Service.
- Termination By the Site. Without limiting other remedies, the Service may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide services to you at any time, with or without advance notice, if: (a) the Site believes that you have breached any of these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause legal liability for you, our users or us; or (d) the Site decides to cease operations or to otherwise discontinue any of the Site or parts thereof. You agree that neither the Site, nor any third party acting on our behalf, shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by us, you will not attempt to re-register as a user without prior written consent from the Site.
- After Termination or Cancellation. You accept that when you cancel your membership with the Service you will be automatically locked out of the Service. You will be unable to access your account on the Service. You also agree and accept that upon cancellation your account, we have no obligation to maintain or store any mail or other membership materials and that such information may be irretrievable.
- Indemnification. You agree to defend, indemnify, and hold the Site and its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from: (i) any breach by you of this Agreement; (ii) your use (or misuse) of the Service, Site and/or Promotional Materials; (iii) all conduct and activities occurring using your account and/or Referral Sites, if any; (iv) any item or service sold or advertised in connection with your Referral Sites, if any; (v) any defamatory, libelous or illegal material(s) contained within your Content or your information or data; (vi) any claim or contention that your Referral Sites, if any, contain information, data or other materials which infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity; (vii) third-party access or use of any Promotional Materials provided to you; (viii) any claim related to your website(s); (ix) any costs incurred on your behalf as a result of your failure to comply with local or federal laws of the United States; and/or (x) any violation of this Agreement. We reserve the right, at our expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so, and we are permitted by this Agreement to later seek indemnification from you. You shall not settle any such claim or liability without the prior written consent of the Site. You understand that we will take any and all measures to protect ourselves from any legal or civil litigation including, but not limited to canceling your account, in our sole discretion. You also understand that we will charge on an hourly basis for any and all time spent responding to any third-party complaints, disputes, copyright claims or actions involving you or your Referral Sites.