User Agreement, Privacy and Data Policy
Users have to be at least 18 years of age to register or buy any service or product on Fryday.net or any of its affiliated platforms. Any mention of Fryday, Fryday.net below refers to the website www.fryday.net, its sub pages, electronic messages or other online or electronic platforms controlled by Fryday. This agreement does not apply to the real life events organized by Fryday or its affiliates or associates across the world.
By "Fryday" or” Fryday Services” we mean the features and services we make available, including through (a) our website at www.fryday.net and any other Fryday branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as like buttons, share buttons and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Fryday reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this User Agreement.
By using or accessing the Fryday.net and affiliated platforms, you agree to this User Agreement, as updated from time to time. Your continued usage of Fryday constitutes agreement to any changes.
Privacy and Data policy
Your privacy is very important to us. We designed our Privacy and Data Policy to make important disclosures about how you can use Fryday to share with others and how we collect and can use your content and information.
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Fryday (IP License).
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish content or information on Fryday, it means that you are allowing everyone, including people off of Fryday, to access and use that information, and to associate it with you (i.e., your name, company name and any pictures, logos etc).
We always appreciate your feedback or other suggestions about Fryday, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Fryday safe, but we cannot guarantee it. We need your help to keep Fryday safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Fryday.
- You will not collect users' content or information, or otherwise access Fryday, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Fryday.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Fryday to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Fryday, such as a denial of service attack or interference with page rendering or other Fryday functionality.
- You will not facilitate or encourage any violations of this User Agreement or our policies.
Registration and Account Security
Fryday users provide their real names, real company names and real information , and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Fryday, or create an account for anyone other than yourself without permission.
- If we disable your account, you will not create another one without our permission.
- You will keep your contact information accurate and up-to-date.
- You will not share your password , let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Fryday that infringes or violates someone else's rights or otherwise violates the law.>
We can remove any content or information you post on Fryday if we believe that it violates this User agreement or our policies.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or Trademarks or any confusingly similar marks without our written permission.
You will not post anyone's identification documents or sensitive financial information on Fryday.
You will not send email invitations to non-users without their consent.
Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on Fryday within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Fryday.
If you make a payment on Fryday, you agree to our Payments Terms unless it is stated that other terms apply.
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
- You give us permission to use your name, profile picture, logo, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Advertisers
If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on Fryday or our publisher network will comply with our Advertising Policies.
If you violate the letter or spirit of this User Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Fryday to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this User Agreement shall terminate but you can still be held accountable for legal violations and be subject to litigation.
These additional terms apply to all payments made on or through Fryday, unless it is stated that other terms apply.
Funding and spending. When you make a purchase using Fryday Payments, you agree to provide a valid funding instrument to load money into your electronic value balance. When you have successfully completed this funding transaction, we will then transfer the content you wish to purchase.
Pricing. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, all of which you are responsible for funding.
Extra terms. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
Subscriptions. If you purchase a subscription we will bill your funding instrument immediately, and then again at the beginning of each subscription period.
No Warranties. You acknowledge that the products or services you may purchase may be sold by merchants, not by Fryday. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH FRYDAY.
Funding instruments. We want to make payments convenient, so we allow you to fund your transactions using a number of different sources, like credit cards and debit card and other payment methods.
Authority. When you provide a funding instrument to us, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the funding instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
Authorization. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time you load funds for your transaction, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
Failed funding. If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.
At-will use. We may revoke your eligibility to pay at any time at our sole discretion.
Inquiries. By using Fryday, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
Our right to cancel. We may cancel any transaction if we believe the transaction violates this User Agreement, or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.
Payment limitations. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to make a purchase, or deactivate your account.
Sharing of information. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
Special Payment Provisions Applicable to Advertisers
Agreement to pay. When you purchase advertising or promoted posts on or through Fryday, you agree to pay all amounts specified in the order, along with any applicable taxes.
Consent to credit check. Your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.
Security. You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account.
Direct debit. If you are making direct debit payments, you agree that we can charge you any amount that falls within the range you agreed to upon signup. We will notify you in advance if any charge will exceed the agreed-upon range. If you want to change your preferred payment method from direct debit, you can do so from within your settings.
Cancellation. You can cancel an advertising order at any time through our online portal, but your ads will run for the duration of the agreed notice period after you notify us, and you are still responsible for paying for those ads.
Tax liability. The amounts charged to you by us, whether through your credit card or otherwise, may be subject to and include applicable taxes, including without limitation withholding taxes. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
Delinquent accounts. If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including attorneys' fees. Interest will accrue on any past due amounts at the lawful maximum rate in addition to fixed fees.
Prepaid Account. You may have the option to purchase ads with a prepaid account. Amounts prepaid are non-refundable except where required by law. Fryday is not a bank and does not offer banking services; accordingly, prepaid amounts do not earn interest, are not deposit obligations, and are not insured by any government or private schemes.
Advertisement Policy, Ad Terms
The Advertising Policies apply to all ads and commercial content served by or purchased through Fryday.
Advertisers are responsible for understanding and complying with all applicable laws and regulations. Failure to comply may result in a variety of consequences, including the cancellation of ads you have placed and termination of your account.
We reserve the right to reject, approve or remove any ad for any reason, in our sole discretion, including ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy.
Ads must not constitute, facilitate, or promote illegal products, services or activities. Ads targeted to minors must not promote products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted.
Ads must not promote the sale or use of the following:
- Illegal, prescription, or recreational drugs;
- Tobacco products and related paraphernalia;
- Unsafe supplements, as determined by Fryday in its sole discretion;
- Weapons, ammunition, or explosives; or
- Adult products or services (except for ads for family planning and contraception).
- Alcohol to persons under the age of 25 years.
- Content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
- Adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
- Avoid statements that assert or imply the race, religion or name of a person.
- Deceptive, false, or misleading content, including deceptive claims, offers, or business practices.
- Content that exploits controversial political or social issues for commercial purposes.
- Audio or flash animation that plays automatically without a person's interaction or expands within Fryday after someone clicks on the ad.
- Non-functional landing pages. This includes landing pages that interfere with a person’s ability to navigate away from the page.
- Spyware, malware, or any software that results in an unexpected or deceptive experience. This includes links to sites containing these products.
- Bad grammar or punctuation. Symbols, numbers, and letters must be used properly.
- Images that portray nonexistent functionality.
- Payday loans, paycheck advances or any other short-term loan intended to cover someone's expenses until their next payday.
- This user agreement and policies are subject to change at any time without notice.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this User Agreement or Fryday exclusively in the Stockholm, Sweden, District Court [Stockholms Tingsrätt], and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on Fryday, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Fryday and are not responsible for the content or information users transmit or share on Fryday. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Fryday. We are not responsible for the conduct, whether online or offline, of any user of Fryday.
WE TRY TO KEEP FRYDAY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FRYDAY AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FRYDAY WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT FRYDAY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. FRYDAY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FRYDAY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FRYDAY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FRYDAY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the European Union
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Fryday outside the European Union:
- You consent to having your personal data transferred to and processed in the European Union.
- If you are located in a country embargoed or sanctioned by the European Union, or are on the European Union Council’s list of sanctioned persons or entities you will not engage in commercial activities on Fryday (such as advertising or payments) or operate a Platform application or website. You will not use Fryday if you are prohibited from receiving products, services, or software originating from the European Union.
Franchise agreements entered with Fryday are subject to the Fryday Franchise Agreement that may or may not include all or some of the terms in this User Agreement. Any user that has also entered the Fryday Franchise Agreement should be subjected to the Fryday Franchise Agreement first and this User Agreement second.
This User Agreement is an agreement between you and Fryday-Seared AB. References to “us,” “we,” and “our” mean either Fryday or Seared AB as appropriate.
This User Agreement makes up the entire agreement between the parties regarding Fryday’s online environments, and supersedes any prior agreements.
If any portion of this User Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this User Agreement, it will not be considered a waiver.
Any amendment to or waiver of this User Agreement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this User Agreement to anyone else without our consent.
All of our rights and obligations under this User Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this User Agreement shall prevent us from complying with the law.
This User Agreement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Fryday.
By using or accessing Fryday Services, you agree that we can collect and use such content and information in accordance with the Privacy and Data Policy as amended from time to time.
Fryday is an auxiliary business name of Seared AB headquartered in Stockholm, Sweden, [VAT: SE556768364301]. Fryday and its graphic representation is a registered community trademark [No 012891883] protected by the European Union.
Fryday, Seared AB can be contacted through this website or at firstname.lastname@example.org.
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