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Terms & Agreements
Welcome to FMK, operated by BUILD UP LABS, UNIPESSOAL LDA. (the “Company”), with VAT number 513760571 and headquartered at Edifício Altejo, Rua 3 da Matinha, 101, 1950-326 Lisboa (PORTUGAL).
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE.
1.1. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. This Agreement includes also the Company’s Safety Tips and the terms disclosed and agreed to by you if you purchase or accept additional features, products or services we might offer on the Service.
1.2. We may, at any time and for any reason make changes to this Agreement. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on playfmk.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us by ceasing to use the Services and leaving FMK.
2.1. You must be at least 18 years of age to create an account on FMK and use the Service.
2.2. By creating and account and using the Service, you represent and warrant to the Company that you, accordingly with your personal law, can form a binding contract with the Company, and you will comply with this Agreement and all applicable laws and regulations.
2.3. If you create an account, you represent and warrant that you have never been convicted of as a sex offender.
2.4. Information must be accurate. If you provide us or use false information or impersonate another person through your account, we will cancel your account, and you are the solely responsible for the consequences of such acts.
3. CREATING AN ACCOUNT ON FMK.
3.1. In order to use FMK, you must have or create a Facebook account and sign in using your Facebook login through Facebook’s authentication procedure. We advise you to read such third party Terms and Services.
3.2. If you do so, you authorize us to access and use certain Facebook account information.
4. TERM AND TERMINATION.
4.1. This Agreement will remain in full force and effect while you use the Service and/or have a FMK account.
4.2. You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service.
4.3. FMK reserves the right to investigate and/ or terminate your account without a refund of any in app purchases if you have misused the Service or behaved in a way that FMK regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
5. NON-COMMERCIAL USE BY USERS.
5.1. The Service is for personal use only.
5.2. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by the Company.
5.3. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose except with Company’s express consent (such as for promoted profiles or other advertisements), which Company may provide or deny in its sole discretion.
5.4. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service.
6. ACCOUNT SECURITY.
6.1. You must keep your device and your FMK account secure safe and secure. You must ensure that any account details and/or information are not shared with others. You are responsible for keeping your password secure. The company cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
6.2. You are responsible for maintaining the confidentiality of your Facebook login credentials you use to sign up for FMK, and you are solely responsible for all activities that occur under those credentials.
6.3. You agree to immediately notify the Company of any disclosure or unauthorized use of your login credentials at firstname.lastname@example.org.
6.4. The Company cannot guarantee that you will always be able to connect to or communicate using the service nor that such communication will be without disruptions, delays or communications-related errors.
7. YOUR INTERACTIONS WITH OTHER USERS.
7.1. The Company is not responsible for the conduct of any user.
7.2. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. THE COMPANY ALSO DOES NOT VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
7.3. The Company is not responsible for the conduct of any user.
7.4. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
8. INTELLECTUAL PROPERTY
8.1. FMK and all copyright, database rights, trademarks and other intellectual property rights related to it (jointly, "FMK content") belong to the Company or its licensors.
8.2. The Company retains all right, title, and interest in and to the FMK content, including without limitation, all rights not expressly granted in, all software used to provide the FMK content and its services and all logos and trademarks reproduced through the FMK content, and this Agreement does not grant you any intellectual property rights in the FMK content or any of its components.
8.3. You must not remove, obscure, make illegible or alter any notices or indications of the rights and ownership of the software or service.
8.4. You must not use the FMK content in any territory where its use is not permitted under applicable laws.
9.1. The Company grants YOU a personal, worldwide, royalty free, non-assignable, nontransferable, nonexclusive revocable license to install execute and use the FMK content, (i) solely for your personal use; (ii) you are not permitted to resell any of FMK content; (iii) you will not duplicate, transfer, give access to, copy or distribute any part of FMK content in any medium; and, (iv) you will not attempt to reverse engineer, alter or modify any part of FMK content.
9.2. You acknowledge that the access to and the use of the FMK content accordingly with the terms of your user license requires that you have an active and valid account.
9.3. You can terminate your license of use of the FMK content by terminating your account.
10. CONTENT TRANSMITTED USING THE SERVICE.
10.1. You grant the Company a worldwide, royalty free, assignable, transferable, nonexclusive, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate your uploaded and/or posted content (text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials), including without limitation distributing part or all in any media formats through any media channels.
10.2. You hereby represent and warrant that: (i) you own the content uploaded and/or posted by you on or through the app; (ii) or that you have the right to grant the license set forth in this section; (iii) that such content does not violate any third party rights, namely, publicity rights, intellectual property rights or any other rights of any third party; and (iv) that you have pay and will pay for all royalties, fees, and any other amounts owed to any third party by reason of content you uploaded and/or posted.
10.3. You should always keep a backup copy of anything you upload and/or post on the service.
10.4. We cannot guarantee that your content will not be lost or corrupted not that a third party will not ever access your content.
10.5. You take full responsibility for the information you share with other users or upload with the app.
10.6. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement you should contact us.
11. THIRD PARTY SERVICES.
11.1. When you access third-party services, you do so at your own risk.
11.2. The Company doesn't control such links or services, and you will be bound by the terms of such links or services.
12. PROHIBITED ACTIVITIES.
12.1. The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service.
12.2. The following is a partial list of the type of actions that you may not engage in with respect to the Service.
12.3. You will not:
(a) Attempt to extract any source code from the app, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the APP and our systems.
(b) Use the app for any unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;
(c) Use the app for any activity which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others, which includes any information that you may add or upload to the app;
(d) Use the app for interfering in any way with any other user of the app; and/or
(e) Use the app for knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.
(f) Use the app in a way that may damage or impair the app and/or its services or our underlying systems and security.
(g) Impersonate any person or entity.
(h) Solicit money from any users.
(i) Post any Content that is prohibited.
(j) “Stalk” or otherwise harass any person.
(k) Express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
(l) “Frame” or “mirror” any part of the Service, without the Company’s prior written authorization.
13. LIMITATION OF LIABILITY.
13.1. You understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for use, data or other intangible losses resulting from the use of or inability to use the service, namely:
(a) Your use of or your inability to use our app;
(b) Postage or other guidance provided by other users;
(c) Delays or disruptions in the app;
(d) Viruses or other malicious software obtained by accessing, or linking to, the app;
(e) Glitches, bugs, errors, or inaccuracies of any kind in the app;
(f) Damage to your equipment derived from the use of the app;
(g) The content, actions, or inactions of third parties;
(h) A suspension or other action taken with respect to your account or breach of these Terms and Conditions.
13.2. In no event shall the Company or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms and Conditions (however arising including negligence).
13.3. You agree to indemnify and hold the Company and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
13.4. Your use of the app is at your sole risk, being it provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
13.5. The Company does not warrant that:
(a) The app will be uninterrupted, timely, secure, or error-free.
(b) The results that may be obtained from the use of the app will be accurate or reliable.
(c) The quality of any services, information purchased or obtained by you through the app will meet your expectations, or that any errors in the app will be corrected.
13.6. To the extent that any jurisdiction does not permit any of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to you and our liability will in that case be limited as far as possible under applicable law.
14. COMMUNICATION WITH THE USER.
14.1. Push Notifications
The user may receive push notifications through the application to notify him or her of important events, including but not limited to:
(a) A match with another user
(b) A message received from another user
(c) A message from FMK relating to the app activity
The Member may change his or her push notification preferences through his or her Account.
14.2. Facebook Notifications
The user may receive notifications through facebook to notify him or her of important events, including but not limited to:
(a) A match with another user
(b) A message received from another user
The Member may change his or her notification preferences through his or her Facebook account directly.
14.3. Email Notifications
When the user registers with the Application, he or she agrees to receive a newsletter from FMK or its partners. He or she may withdraw this agreement at any time and exercise his or her right to cancel by replying to the email.
15. ACCOUNT DEACTIVATION AND APP UNINSTALLED.
The user may deactivate his or her account or uninstall the application from his or her mobile at any time without notice. In that case, the user will have no further access to the application unless he or she logins or downloads the application again.
Once the account has been deactivated or the application has been uninstalled:
(a) The user’s profile will be made invisible to other users;
(b) There will be no change to the legal data retention obligation;
(b) In the event of an account being reactivated during the one-year period following the closure of the account, the details kept will be reallocated to the profile, which will be visible again.
16. IN APP PURCHASES AND PAYMENT TERMS.
16.1. FMK offers products and services for purchase (“in app purchases”) through Google Play. If you choose to make an in app purchase, you will be prompted to enter details for your account with your Store “IAP Account”, and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. If you purchase an auto-recurring periodic subscription through an in app purchase, the subscription will be automatically renewed and your IAP account billed until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. For example, unless you cancel, a one month subscription will automatically renew on a monthly basis and a six months subscription will automatically renew on a 6 months basis. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to login to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or the FMK application from your device. The activation of a Subscription on a Member’s account occurs as soon as, or a few moments after, a valid transaction has been completed (successful online transaction).
16.2. Wink, Power Vote and Other Virtual Items
You are able to purchase, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” including but not limited to Winks (collectively, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
16.3. Credit Validity Period.
Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when FMK ceases providing the Service or your account is otherwise closed or terminated. FMK, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. FMK may manage, regulate, control, modify or eliminate Virtual Items at any time. FMK shall have no liability to you or any third party in the event that FMK exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by FMK that commences immediately upon the acceptance of your purchase of such Virtual Items. Credits purchased or offered by FMK may only be used for the term during which the Account remains active. However, in the event of early termination of the Account voluntary or involuntary, any remaining Credit at the date of termination shall be permanently deleted from the Account, without compensation of any kind. A subsequent re-registration of the Member will not allow him or her to recover the lost Credits.
Generally, all charges for in app purchases are nonrefundable, and there are no refunds or credits for partially used periods. We make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date. Please note that this 14-day period commences when the subscription starts.
16.5. Secure Payment.
Packs can be paid for securely in accordance with the payment terms of the Google Play Store. The Google Play Store alone are liable for their payment terms and processes, which are beyond FMK's control in accordance with the terms and conditions set out by the above platform. Any refunds or payment-related requests must be sent to Google according to the device used to make the purchase. Bank details are collected by Android and are beyond FMK's control.
17. YOUR IDEAS AND SUGGESTIONS.
17.1. When you send any ideas, suggestions, documents or proposals to the Company, this means that you agree that: (i) such contributions do not contain confidential or proprietary information, so the Company is not under any obligation of confidentiality; (ii) the Company is entitled to freely use or disclose such contributions for any purpose, in any way; (iii) the Company might have something similar already under consideration or in development; (v) such contributions automatically become the Company’s property without any obligation to pay you, publicize your name, obtain any further permission or make any payment to you or any other person.
18. GENERAL PROVISIONS.
18.1. If any term or provision hereof are found to be invalid, void or unenforceable this will not affect the other terms of this Agreement, which shall remain in full force and effect.
18.2. The failure or delay by the Company to require performance of any provision hereof will not affect the Company’s right at a later time to enforce such provision, or act as a waiver, unless such waiver is in writing and signed by the Company.
18.3. You cannot assign this Agreement or any rights or obligations hereunder. The Company may assign this Agreement or any rights or obligations hereunder to any person, without notice.
18.4. These Terms and Conditions, as well as its associated policies, are ruled by the Portuguese law, and it is defined that the exclusive jurisdiction is the Court of Lisbon, expressly renouncing any other, unless a competent and specialized court encroaches from the law.
19. CONTACT INFORMATION.
19.1. Any questions about these Terms and Conditions please email us: email@example.com.
Last review: 05/07/2017