App5F – Terms

Last Updated on August 13th, 2016

These are the Terms of Use (“Agreement”) for the application 5F by Sporty Buddy Inc. and our affiliates (“5F”, “Sporty Buddy”, “we”, “us”). By downloading, using or accessing our app, website (http://app5f.com) or other products and services (collectively “Service”) and creating an account on our app, you acknowledge that you have read, understand and agree to be bound by all terms in this Agreement. Please read this Agreement carefully. Please delete your account and terminate using our Service if you don’t agree with all of the terms of this Agreement and accompanying Privacy Policy. This Agreement is a legally binding contract between you (“you”, “user”) and Sporty Buddy. You must accept it before using our Service.

We may make changes to this Agreement from time to time. The most current version will be available on our Service and is the Agreement that applies. We may inform you by email or in-app notification of any significant changes that affect your rights or obligations. You agree that it is your responsibility to stay up to date of any changes of this Agreement and other terms and conditions. By continuing to use our Service after a change has been made, you agree to those changes. If you do not agree, immediately stop using our Service and delete your account on 5F. Some updates may require you to accept the latest Agreement before you can upgrade to the latest version of the Service.

To use our Service, you must be 18 years of age or older. By registering and using an account, you agree to be at least 18 years of age and to have the right, authority and capacity to enter into this Agreement. You also agree that you have never been convicted of a felony or as a sex offender in any country and you will abide by all of the terms of this Agreement. Certain countries may prohibit or restrict the use of our Service. It is your responsibility to comply with such prohibitions and regulations.

To use our Service you may need a Facebook account. If you decide to login with your Facebook credentials, you authorize us to use certain information of your Facebook profile. You may login using only your name and email address and share less information. Please consult our Privacy Policy for more information about personal data.

If we believe that you are violating this Agreement or for any other reason at our sole discretion, Sporty Buddy has the right to end your account at any time without notice. There will be no refund of any kind. There will be no requirement for us to disclose the reason for the termination of your account and all or part of this Agreement will still apply to you after the account closure. You can also terminate your account at any time by following the in-app instructions. This whole Agreement will be in full effect while using our Service.

Our Service and all its content, text, pictures and agreements are copyright by Sporty Buddy Inc. or used under license. You have no right to use the content (including but not limited to, logo, design, text, graphics, images, user profiles, user names, email addresses, user data, video, software, audio files, code, information) of our Service for any commercial activities. You have no right to use the Service for any commercial activities without the prior approval of Sporty Buddy. You have no right to reproduce, republish or redistribute any material from the Service. We will take action for any unauthorized use of our Service.

It is your responsibility to keep your personal information (including but not limited to, username and password) secure and you are solely responsible for any and all activities under your account. Make sure that you log out of your account if the Service is not in use. You shall notify Sporty Buddy immediately if you suspect any unauthorized usage of your account. You can email us through our website or app.

Sporty Buddy does not do any screenings or background checks of the Service’s users. We do not, at this time, verify the content and profile information of our users. We do not take any responsibilities for the content, profile information and conduct of our current and future users. It is solely your responsibility how you interact with other users. We reserve the right to do any background checks or other screening of our users at any time. We may ask you to confirm your email address, age or other information to validate your identity.

YOU SHALL NOT HOLD SPORTY BUDDY DIRECTLY OR INDIRECTLY LIABLE FOR ANY DAMAGES OR LOSSES WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY, AND/OR INCIDENTAL, RELATING TO THE USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO BODILY INJURY, RAPE, DEATH, IDENTITY THEFT, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE USE OF THE SERVICE OR MEETINGS WITH OTHERS THROUGH THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY WITH WHOM YOU CONNECT, COMMUNICATE AND MEET. WE DO NOT TAKE ANY RESPONSIBILITIES REGARDING OTHER USERS AND COMPATIBILITY WITH OTHER USERS.

We own all proprietary rights in the Service and its content, copyrighted material, trademarks, trade names, logos intellectual property, proprietary information and other related property. You agree not to use, remove, and alter any of that information and content in any way without our consent.

It is solely your responsibility for what you write, post, publish, upload, display, send or otherwise make available (collectively “post”) on the Service.  You agree not to post any inaccurate, incomplete, pornographic, obscene, profane, threatening, intimidating, hateful, offensive, objectionable, abusive, harassing, racially offensive, stolen or illegal material or anything that would violate another person’s rights. It is your responsibility to only post information that is true and accurate and to keep that information true and accurate at all times, including information from Facebook. Sporty Buddy may or may not monitor your post. We reserve the right to delete all or part of what you post on the Service for any reason. You agree that Sporty Buddy and its successors have the worldwide right to display, distribute, use, copy, store, reproduce, adapt and modify any information you post on the Service. You also grant us the right to incorporate your posts into other works and to publish on any media. You guarantee that you own all of the content of your posts and none of your posts will infringe any third party rights and will comply with all applicable regulations and laws. We reserve the right to access and release your account information to prevent illegal activities, fraud, help investigations, cooperate with law enforcement, protect and defend the rights, property and safety of our company, users and employees, any claims of third parties and to enforce this Agreement. You agree that your posts may be visible to other users of the Service.

You agree to not engage in the following prohibited activities while using our Service; pretend to be someone else, ask other users for money, post false and prohibited content, stalk other users, commit or engage in an illegal act using our Service, use the Service where it is prohibited, use any software or other program to manipulate or interfere with the Service, collect user information for any commercial or illegal activities, send any material containing software viruses, copy part or all of the Service, mislead people to use a different Service by using our logo, icon, trademarks, trade name, etc., modify, use, post, copy any information, code, media, content from the Service other than for your personal and direct use of the Service. This list is not exhaustive. We reserve the right to delete your account if you engage in unlawful or inappropriate actions in respect to our Service or do not follow the above practices.

We reserve the right to delete your account if you act in any way inappropriate, rude, abusive, offensive, threatening, sexist, harassing and racially offensive while communicating with Sporty Buddy through email, phone or any other means.

We reserve the right to change, modify or discontinue the Service at any time for any reason without prior notice. You agree to not hold Sporty Buddy liable for any changes, modifications or discontinuance of the Service.

5F is free to download and use. We reserve the right to add any in-app purchases or charge a fee to download and use the app at any time without prior notice.

Sporty Buddy and its partners or affiliates make no warranty regarding the Service and do not warrant the accuracy, completeness, currency or reliability of any content found on the Service. You agree to not hold liable Sporty Buddy or any of its partners or affiliates for any loss or damages, injury or death in regards to any; inaccurate information within the Service, error, malfunction or interruption of the Service in any way, behaviour of any users of the Service (online or offline), technical malfunctions of any other part of the Service or related to the Service. We do not guarantee that the Service will be secure, free of errors or interruptions and we may not fix any defects you encounter while using the Service. We provide the Service “as is” and “as available” and provide no guarantee of quality, correctness, conditions of merchantability, fitness for a particular purpose and non-infringement of the Service including the content.

You bear the risk of accessing and downloading the Service and any related material including material obtain through the Service. You agree to waive all claims of action in regards to damages or loss of data caused from downloading any such material. Do not use the Service or download any material through the Service if you do not agree to this limitation of liability.

Sporty Buddy may work with third party companies to provide offers, contests or may advertise third party products on the Service or links to third party companies. We are not liable and do not take any responsibility or endorse such products, content or links of third party material. Any third party material is for informational purposes only. Any dealing with third party companies are the responsibility between you and that company. We do not take any responsibility nor are we liable for any such dealings.

Sporty Buddy and its partners and affiliates will, to the fullest extent allowed by law, in no event be liable to you or any third person for any damages. Sporty Buddy’s liability to you for any cause will be limited to the amount paid by you to us to access our Service. You agree that any claims related to the Service must be filed within one (1) year after surfacing of such claim or be forever barred, regardless of any other law.

You agree that any claim, dispute or controversy relating in any way to this Agreement now or in the future, shall be resolved by binding arbitration regardless of the nature of the cause. You may not commence under any circumstances against Sporty Buddy any class action, class arbitration or other representative action or proceeding. Arbitration replaces your right to go to court and you waive the right to a jury trial and you waive the right to participate in a class action, class arbitration or other representative action or proceeding. The laws of British Columbia, Canada shall be governing without regard to principles of conflicts of law. The law of British Columbia, Canada will apply for residents in countries where arbitration is prohibited for any disputes relating to this Agreement and the Service. You agree to pay all reasonable and necessary legal fees, cost of litigation and any other cost associated with a dispute or arbitration if Sporty Buddy takes any action to enforce this Agreement. You agree to hold us, our partners, affiliates and employees harmless of any loss, liability or other claim.

Should part of this Agreement be invalid for any reason, the rest of this Agreement shall still be valid. If we fail to act with respect to a breach of this Agreement by one user that does not waive our right to act with respect to a breach by another user. This Agreement with the Privacy Policy and any other rules posted separately form the entire agreement between Sporty Buddy and you regarding the use of the Service.