THE TERMS AND CONDITIONS OF www.schoolfriendzy.com, www.letsleapahead.com, and www.wspublishinggroup.com
Acceptance of the use of www.schoolfriendzy.com, www.letsleapahead.com, and www.wspublishinggroup.com Terms and Conditions
Your access to and use of www.schoolfriendzy.com, www.letsleapahead.com, and www.wspublishinggroup.com along with School Friendzy and Friendzy Apps (“Websites” and “Apps”), operated by WS Publishing Group, which owns Let’s Leap Ahead and Friendzy Apps, is subject exclusively to these Terms and Conditions. You will not use the Websites or Apps for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Websites or Apps, you are fully accepting the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using the Websites and Apps. If you wish to access the apps, become a User, communicate with other Users, and make use of the WS Publishing Group Apps or Websites or the services provided by any of the Apps or Websites (the “Service”), please read this Agreement.
Your interactions
You are solely responsible for your interactions and communication with other Users. You understand that WS Publishing Group does not in any way screen its Users, nor does WS Publishing Group inquire into the backgrounds of its Users or attempt to verify the information or statements of its Users. WS Publishing Group makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users.
In no event shall WS Publishing Group be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.
In addition, by accessing or using any WS Publishing Group Apps or Websites, you shall follow not only these terms of use, but also the rules of any game or activity on any Apps or Websites. You shall not manipulate or circumvent any terms or rules.
Eligibility
By using any of the Apps or Websites and the Services, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
The Apps you download are solely for your personal use, and you shall not authorize others to use your account, including your profile, username, or email address. You are solely responsible for all content published or displayed through your account, including any messages, original content, information, and your interactions with other members.
You cannot download or otherwise access the Apps if you are a convicted sex offender.
Term/fees
This Agreement shall remain in full force and effect while you use any WS Publishing Group App or Website, any App or Website’s Services, and/or are a User. When prompted to pay for an App or an in-app purchase, you will provide your accurate payment information and pay accordingly.
By using the Apps’ Services and by becoming a User, you acknowledge that WS Publishing Group reserves the right to charge for any Services and has the right to terminate a User’s Service if the User should breach this Agreement or fail to pay for the Service, as required by this Agreement.
Non-commercial use by users
The WS Publishing Group Apps and Websites are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of WS Publishing Group. Illegal and/or unauthorized use of the WS Publishing Group Apps or Websites, including collecting usernames and/or email addresses of Users for the purpose of sending unsolicited email or unauthorized framing of or linking to other Apps or websites will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice. Appropriate legal action will be taken by WS Publishing Group for any illegal or unauthorized use of any of the Apps or Websites.
Proprietary rights in content
WS Publishing Group owns and retains all proprietary rights in the Apps and Websites and the Services. The Apps and Websites contain copyrighted materials, trademarks, and other proprietary information of WS Publishing Group and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content posted on the apps
a. You understand and agree that WS Publishing Group may review and delete any content, messages, photos, or account profiles (collectively, “Content”) that in the sole judgment of WS Publishing Group violate this Agreement or which may be offensive or illegal, violate the rights or harm, or threaten the safety of any User.
b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Users.
c. By posting any Content to the Apps or Websites, you hereby grant to WS Publishing Group the non-exclusive, fully paid, worldwide license to use, publicly perform, and display such Content in any medium, including apps, websites, and books. WS Publishing Group has no obligation to monitor your Content.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Apps or Websites. WS Publishing Group reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service. Prohibited Content includes Content that:
i. is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
v. promotes an illegal or unauthorized copy of another person’s copyrighted work;
vi. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
vii. uses the Service to harm anyone, particularly anyone under the age of 18;
viii. disrupts the Service, servers, network, or any part of the Apps or Websites;
ix. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
x. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
or xi. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not engage in advertising to, or solicitation of, any User to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Users. Although WS Publishing Group cannot monitor the conduct of its Users off the Apps, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User, particularly Users under the age of 18.
g. Any automated use of the Apps or Websites, such as using scripts to add friends, is prohibited.
h. You may not attempt to impersonate another User or person who is not a User.
i. You may not use the account, username, or password of another User at any time nor may you disclose your password to any third party or permit any third party to access your account.
j. You may not sell or otherwise transfer your account’s profile.
User disputes
You are solely responsible for your interactions with other WS Publishing Group App Users. WS Publishing Group reserves the right, but has no obligation, to monitor disputes between you and other Users.
Disclaimers
WS Publishing Group is not responsible for any incorrect or inaccurate content posted on the Apps or Websites or in connection with the Service provided, whether caused by Users or by any of the equipment or programming associated with or utilized in the Service. WS Publishing Group is not responsible for the conduct, whether online or offline, of any App User. WS Publishing Group assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, any User communication or App function. WS Publishing Group is not responsible for any problems or technical malfunction of any telephone network or lines, online systems, servers or providers, equipment, or software or failure of any email or players due to technical problems or traffic congestion or combination thereof, including any injury or damage to Users or to any person’s device (mobile phone, tablet, computer, etc.) related to or resulting from participation or downloading materials in connection with an App or Website and/or in connection with the Service. Under no circumstances shall WS Publishing Group be responsible for any loss or damage, including personal injury or death, resulting from use of an App, Website, or Service or from any Content posted on the Apps or Websites or transmitted to Users, or any interactions between Users, whether online or offline. The Apps, the Websites, and the Service are provided “AS IS,” and WS Publishing Group expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WS Publishing Group cannot guarantee and does not promise any specific results from use of the Apps, Websites, or Service.
Virtual goods and currency
The Apps and Websites may at any time include virtual coins, points, or other monetary systems with which Users may “purchase” virtual goods. The value system of the virtual currency is created by WS Publishing Group and is subject to change at any time. At no time will the virtual currency or achievements be cashed in for physical money, nor will the virtual currency be accepted anywhere outside the Apps or Websites.
Disputes
If there is any dispute about or involving the Apps, Websites, and/or the Services, by using the Apps or Websites, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.
Mobile services
When using your mobile devices to access the WS Publishing Group’s Apps, your wireless carrier’s rates and policies apply. WS Publishing Group is not responsible for any fees, any damage on your mobile device, or any overage or unidentified data.
Users may share links and achievements earned from the Apps on third-party sites, so long as this does not infringe upon the site’s policy. Information shared must be accurate and inoffensive, and can be removed by WS Publishing Group at any time. WS Publishing Group will use its own discretion to determine if this is necessary.
If a User selects a link on an App to a third-party site, he or she understands that WS Publishing Group is not responsible or liable for the content, actions, products, or services provided by that website. The User enters and interacts with any third-party sites at his or her own risk.
Legal advice
The contents of the Websites and Apps do not constitute advice and should not be relied upon in making or refraining from making, any decision. All material contained on the Websites and Apps is provided without any or warranty of any kind. You use the material on the Websites and Apps at your own discretion.
Change of use
WS Publishing Group reserves the right to:
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change or remove (temporarily or permanently) the Websites and Apps or any part of them without notice, and you confirm that WS Publishing Group shall not be liable to you for any such change or removal, and
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change these Terms and Conditions at any time, and your continued use of the Websites and Apps following any changes shall be deemed to be your acceptance of such change.
Links to third-party websites
The Websites and Apps may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites, and you acknowledge and agree that WS Publishing Group is not responsible for the content or availability of any such sites.
Copyright
a. All copyright, trademarks, and all other intellectual property rights in the Websites and Apps and their content (including without limitation the design, text, graphics, and all software and source codes) are owned by or licensed to WS Publishing Group or otherwise used by WS Publishing Group as permitted by law.
b. In accessing the Websites and Apps, you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying, and/or printing of pages of the Websites and Apps for personal, non-commercial home use only.
Your content
Any content created by the User for any of the Websites and Apps (collectively, “Content”) must not violate any copyright, trademark, or any other laws. WS Publishing Group is not responsible for any Content that violates any legally binding agreement or law. Content must be original or the User must have proof of the rights to display and/or share the Content.
Once any Content is published or displayed on any of the Websites or Apps, it will become the property of WS Publishing Group. By posting any Content to the Websites or Apps, you grant to WS Publishing Group the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content in any medium, including apps, websites, and books. WS Publishing Group has no obligation to monitor your Content.
WS Publishing Group reserves the right to remove any Content at any time for any reason. WS Publishing Group does not allow offensive Content, which includes but is not limited to, Content that contains racism, bigotry, discrimination, profanity, and overt sexual themes. WS Publishing Group is not responsible for any offensive Content on any of the Apps, but will work to remove it, if and when discovered.
Links to and from other websites
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Throughout these Websites and Apps, you may find links to third-party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on these Websites or Apps, you do so at your own risk.
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Any party wishing to link to these Websites or Apps is entitled to do so provided that the conditions below are observed:
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you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
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you do not misrepresent your relationship with any of these Websites or Apps; and
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the website from which you link to any of these Websites or Apps does not contain offensive or otherwise controversial content or content that infringes any intellectual property rights or other rights of a third party.
c. By linking to any of these Websites or Apps in breach of our terms, you shall indemnify us for any loss or damage suffered to these Websites or Apps as a result of such linking.
Disclaimers and limitation of liability
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These Websites and Apps are provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
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To the extent permitted by law, WS Publishing Group will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, or profits) arising out of or in connection with the use of these Websites or Apps.
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WS Publishing Group makes no warranty that the functionality of these Websites or Apps will be uninterrupted or error free, that defects will be corrected, or that these Websites or Apps or the servers that make them available are free of viruses or anything else that may be harmful or destructive.
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Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of WS Publishing Group for death or personal injury as a result of the negligence of WS Publishing Group or that of its employees or agents.
Indemnity
You agree to indemnify and hold WS Publishing Group and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs, and other expenses in relation to any claims or actions brought against WS Publishing Group arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of these Websites or Apps.
Severance
If any of these Terms and Conditions should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Waiver
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
Governing law
These Terms and Conditions shall be governed by and construed in accordance with the law of the United States of America (USA), and you hereby submit to the exclusive jurisdiction of the USA courts.
Our contact details
Our Office Address:
15373 Innovation Dr. Suite 360
San Diego, CA 92128 USA
858-385-9169
For any further information, please email info@letsleapahead.com.
This document was last updated on February 10, 2015.