Last Updated: November 12, 2020

0. Preface

These Terms of Service apply when you access or use this mobile application (the “App”,”Service”,”Services”), and the services provided through the mobile application developed by AmongFriends team and affiliates (collectively as “AmongFriends team”,“Company,” “we,” “us” and “our”).

By downloading the App, or otherwise using the Service, you indicate your agreement to be bound by these ToS. If you do not agree with these ToS, you must not use the App or Service, and uninstall the App if you have already downloaded them.

1. Who Can Use the App

The Service is offered and available to users who are at least 12 years of age or older. If you are between the ages of 13 and 17, a third party parent or legal guardian must agree to these ToS. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company or your parent or guardian has agreed to these Terms and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

2. Your Rights to Use the App

Subject to your compliance with these Terms, and any other policies we make available to you from time to time, AmongFriends grants you a personal, worldwide, royalty-free, non- transferable, non-exclusive, revocable, non-sublicensable license to: (a) access and use the Service for your non-commercial use or internal business use; (b) download, install and use our app on one or more mobile device(s) (e.g. cell phone or tablet) that you own or control for your non- commercial use or internal business use; and (c) use products or service that you purchase within the our app.

You agree that any software that we provide you, may automatically download and install upgrades, updates or other new features and regularly send log information to our servers. You may be able to adjust these automatic downloads through your mobile device settings. These updates and upgrades are designed to improve and enhance our Service and can include bug fixes, enhancements and new modules.

You may not sell, rent, lease, assign, distribute, copy, modify or host any part of our Service. As well, you may not adapt, merge, make adaptations, translations or derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of the Service.

3. Our Rights

Our app enables you to post, send, upload and store content (“User Content”).

We may review, screen and delete your User Content at any time if we think it may violate these Terms. You are responsible for the User Content that you send through the Service, including for back up of such content.

We are allowed to remove objectionable or malicious User Content, and block the offending user without warning.

We are allowed to block users who interfere with another user’s use and enjoyment of AmongFriends, or for no reason at all.

The App may contain advertisements. As a condition of your access or use of the App, you agree that AmongFriends and its affiliates and third party partners may place advertising on the Services.

We’re always happy to hear from you but if you volunteer any feedback or suggestions about AmongFriends , you agree that you will not submit to us any feedback or suggestions that you consider to be confidential or proprietary and that we can use your feedback and suggestions in any manner we deem is appropriate without compensating you.

4. Privacy

Your can view our privacy policy in the following link:

https://amongfriends.flycricket.io/privacy.html

5. Safety and Respecting the Rights of Others

You may not upload or send User Content that:

(a) violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, or any other intellectual property or proprietary right;

(b) is false, intentionally misleading, illegal or promotes an illegal activity or that impersonates any other person or entity, including AmongFriends team;

(c) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;

(d) is harmful to minors in any way or targeted at persons under the age of 12 (or such other age as determined by us at our sole discretion, taking into account factors such as the jurisdiction in which you are resident );

(e) spams or solicits AmongFriends users to buy things.

(f) requests any form of identification or illegal content from AmongFriends users; or

(g) interferes with the positive experience of other users of the App, in AmongFriends team discretion.

You agree not to use the Services to:

(a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;

(b) collect information or data regarding other users, including email addresses or usernames, without their consent.

(c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Service (e.g. a DoS attack);

(d) interfere with another user’s use and enjoyment of AmongFriends.

6. Your Account

You agree not to:

create another account if we’ve disabled one you had unless you have our written permission first;
share your account password with anyone;
log in or try to log in to access the App through unauthorized third party applications or clients.

7. Modifying the App & Termination

We are always improving our App. We may add or remove features, products or functionality, and we may also suspend or stop the App at any time without notice.

We can also terminate this Agreement or deactivate your account if we think you’ve violated these Terms or for any reason.

8. Indemnity

You agree to defend, indemnify and hold harmless AmongFriends from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the App; (ii) your User Content; or (iii) your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defense of these claims.

9. Severability

If any part of these Terms is found to be invalid, illegal or unenforceable for any reason, then that provision will be severed from these Terms to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

10. Independent Contractors

Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

11. Non-Waiver

Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.

12. Our Intellectual Property Rights

All of the text, copyrightable computer code, trademarks, service marks, and logos contained on the Service (“Materials”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials.

13. Apple App Store Additional License Terms

If the AmongFriends app is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:

(1) The parties acknowledge these Terms are concluded between the parties, and not with Apple. The responsibility for the AmongFriends App and content thereof is governed by these Terms.

(2) Notwithstanding anything to the contrary hereunder, you may use AmongFriends only on an iPad, iPhone, iPod touch that you own..

(3) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the AmongFriends app.

(4) In the event of any failure of the AmongFriends app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you.

Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to AmongFriends, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms.

(5) Any claim in connection with AmongFriends related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim.

(6) Any third party claim that AmongFriends or your possession and use of the AmongFriends infringes that third party’s intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.

(7) You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.

(8) Apple is a third party beneficiary to these Terms and may enforce these Terms against you.

(9) If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.

14. Google Play Additional License Terms

If AmongFriends is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:

(1) You acknowledge that Google is not responsible for providing support services for the AmongFriends.

(2) If any of the terms and conditions in these Terms are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.