Terms of Use
Last Updated: February 7, 2024
PLEASE READ THESE TERMS OF USE (AS AMENDED FROM TIME TO TIME) CAREFULLY BEFORE CREATING AN ACCOUNT (DEFINED BELOW) WITH OR USING THE SERVICES (DEFINED BELOW) FROM FRNDLY TV, INC.
BY USING, REGISTERING FOR, PURCHASING FROM OR SUBMITTING CONTENT TO THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU AFFIRM THAT YOU ARE 18 OR OVER AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, YOU WILL NOT BE ABLE TO CREATE AN ACCOUNT OR USE THE SERVICES. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY, OR ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT PERMITTED TO REGISTER WITH FRNDLY TV OR PROVIDE YOUR PERSONAL INFORMATION TO FRNDLY TV. THESE TERMS OF USE INCLUDE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT SHOULD BE CAREFULLY REVIEWED AND CONSIDERED PRIOR TO ANY USE OF THE SERVICES.
ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS OF USE AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
1. General
These Terms of Use (“Terms of Use”) are between Frndly TV, Inc. (“Frndly TV”, “we”, “us”, “our”) and you. These Terms of Use apply to the frndlytv.com website and all corresponding domains, subdomains, web pages and websites associated therewith (collectively, the “Website”) and our video streaming service that provides live and time-shifted television programming (the “Video Content”) delivered over the Internet and the applications on consumer devices on which the service is delivered, including desktop computers, mobile phones, tablets and connected television devices, that link to or references these Terms of Use (collectively, with the Website, the “Services”). These Terms of Use set forth the legally binding terms for your use of the Services and will remain in full force and effect while you use the Services. You are authorized to use the Services only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use.
2. Modifications
Frndly TV reserves the right to change, modify or amend these Terms of Use at any time, or to impose new conditions on the Services (collectively, the “Changes”). All Changes will be effective (i) immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means or (ii) where required by law, 30 days after their publication through the Services. Any use of the Services by you after such notice shall be deemed to be your acceptance of the Changes. If any modification to these Terms of Use is unacceptable to you, you may immediately terminate your use of the Services. Our customer service representatives are not authorized to modify any provision of these Terms of Use, either verbally or in writing.
3. Privacy Policy
The personally identifiable information that you provide us when using the features of the Services is subject to our Privacy Policy located at www.frndlytv.com/legal/privacy, which is incorporated by reference into and is a part of these Terms of Use. Please take the time to review the important information contained in our Privacy Policy regarding our collection and use of this information. By using any of the Services, you are agreeing to the terms of Frndly TV’s Privacy Policy and the collection, use and sharing of information, including without limitation your personal information, described therein.
We reserve the right to, and you agree that we may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.
4. Your Use of the Services
Except as stated in these Terms of Use, all content and software provided through the Services are licensed non-exclusively and revocably to you for your personal, private, non-transferable, non-assignable, non-sublicensable, non-commercial, limited use in the United States of America as set forth in these Terms of Use. All rights in the Services, including all software, data, and content, including the Video Content, in or used in connection with the Services, (collectively defined as “Frndly TV Property”), belong to Frndly TV, Inc. and its licensors and all intellectual property rights and goodwill associated there with shall remain with and accrue to Frndly TV or its licensors. This license and all use or access to Frndly TV Property is expressly conditioned on your compliance with these Terms of Use, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws. While you may access, view, use and display the Services for your private use, you may not modify, adapt, arrange, translate, reverse engineer, decompile, disassemble, reproduce, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit, any portion of the Frndly TV Property, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, leasing, loaning, sublicensing, retransmission, publication or commercial exploitation of any portion of the Frndly TV Property will be permitted without the express written permission of Frndly TV and any relevant third party copyrights owners. For the avoidance of doubt, you shall not exhibit any Video Content in any public viewing area or location for which an admission fee is charged expressly for the viewing of such Video Content. You may not bypass, disable, or circumvent any encryption, security, content protection, digital rights management or authentication mechanism in connection with the Services, or any of the Frndly TV Property or services offered through the Services. The Services and content or services provided through the Services may contain security or technical features that will prevent use of content or services in violation of these Terms of Use, and you will not circumvent these features without a legal right to do so. You may not allow any third party to violate any of the restrictions in this Section or elsewhere in these Terms of Use. Any attempt to perform any of the restrictions listed in this Section or in Section 8 below or elsewhere in these Terms of Use is a violation of the rights of Frndly TV and the copyright holder.
Copyrighted Material. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred. The foregoing provisions of this Section are for the benefit of Frndly TV and its third party providers, contractors, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. Any unauthorized use, reproduction or distribution of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to Frndly TV or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.
Mobile Network. When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and the Services may not work with your network provider or device.
Reservation of Rights. Except as these Terms of Use expressly grant, we and our licensors reserve all rights, interests, and remedies in connection with the Services and the Frndly TV Property. Upon termination of these Terms of Use, your Account, or license to any Frndly TV Property, you will immediately cease use of the Frndly TV Property.
Use of the terms “own,” “ownership”, “purchase,” “sale,” “sold,” “sell,” “rent” or “buy” on or in connection with the Services does not mean or imply any transfer of ownership of any content, data or software or any intellectual property rights from us or our licensors to any user or third party.
5. Registration
The Services require you to register by creating an account in order to enable certain features or receive certain information (“Account”). Only individuals that have registered for an Account, provide certain information (e.g., a valid email address), and agree to these Terms of Use are eligible to use the relevant Services. Frndly TV will use the information you provide in accordance with Frndly TV’s Privacy Policy. If you choose to register with the Services, your Account is private to you. The registration process requires you to create and use log-in credentials such as an email address, and you acknowledge and agree that Frndly TV may rely on the subsequent use of your log-in credentials to provide access to your Account and the information you have provided. You have the right to share your Account information and log-in credentials only with members of your household living at the same address who are at least 13 years old (“Household Members”). You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Account. You should safeguard your log-in credentials. Do not share your log-in credentials other than with Household Members and take steps to prevent access to your Account by other persons. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a third party, you agree to immediately notify Frndly TV by e-mail to [email protected]. You are solely responsible for all use of your Account and log-in credentials, including use by Household Members, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with these Terms of Use. You are solely responsible for your own losses and losses incurred by Frndly TV and others (including other users) due to any unauthorized use of your Account or log-in credentials. We reserve the right to deny the creation of any Account in our discretion.
If you chose to use your mobile phone number in connection with the Services, you agree that we may contact you via phone or text message for administrative purposes. Even for Services for which Frndly TV does not charge, standard message and rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each text message sent and received. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Services. Under no circumstances will Frndly TV, its third party service providers or agents be responsible or liable for any text messaging or wireless service charges incurred by you, any person responsible for charges related to the registered mobile or wireless device, or any person having access to the registered mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with any mobile or wireless device carrier.
6. Children and Parental Controls
The Services are not intended to be used by children without involvement and approval of a parent or guardian. As the parent or legal guardian, you are responsible for monitoring your child’s access to or use of Services, as well as any communications made or received by your child on or through Services. You are also responsible for the use of your Account by your children or others. Some Video Content may be objectionable or age-inappropriate for some users. Please consider what is appropriate for your child and check any Video Content ratings and descriptions where available, before you access any items or permit your child to do so. However, not all content is rated and parental controls may not apply to content that is not rated. In some cases, third parties provide the content ratings or descriptions for items, and we cannot guarantee the accuracy or completeness of that information. Some content that you access on your system or device may be accessible by all users of that system or device, and parental controls on those systems or devices may not apply to certain types of content.
7. Eligibility; Authorization
Use of any part of the Services is void where prohibited. Only residents of the United States are eligible to register for a Frndly TV account. By using the Services, you represent and warrant that (a) all information you submit is current, complete, truthful and accurate; (b) you will maintain and promptly update such information as necessary, so that it remains current, complete, truthful and accurate; (c) you are 18 years of age or older; (d) you have the authority to enter into these Terms of Use; and (e) your use of the Services does not and will not violate any applicable law, regulation or agreement. We reserve the right to cancel any Account that uses, or that was created using, untruthful or inaccurate information or that was created for a primary purpose that violates these Terms of Use. Termination of your Account may result in the termination of data or purchases associated with the Account.
8. Restrictions on Use
You specifically agree not to do any of the following: (a) conduct any activities that violate any local, state or federal laws, including copyright or trademark infringement, defamation, invasion of privacy, violation of rights of publicity, identity theft, hacking, stalking, fraud, stealing or using without purchasing, where payment is required, any content or service and distributing counterfeit software or Accounts; (b) intercept or attempt to intercept electronic mail not intended for you; (c) misrepresent an affiliation with any person or organization; (d) restrict or inhibit use of the Services by others; (e) upload, post, stream, or otherwise transmit content that contains a virus, corrupted data, a worm, spyware, a time bomb, or other computer program that may damage, interfere with, or disrupt the Services; (f) collect information about others (including online IDs, and e-mail addresses) without their consent; (g) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Services, or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Services); (h) post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law; (i) post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services; (j) use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other services competitive with the Services; (k) engage in any other conduct that in Frndly TV’s discretion restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Frndly TV, may harm Frndly TV or users of the Services or expose them to liability; (l) engage in deceptive or misleading practices; (m) attempt to hack or reverse engineer any code used in connection with the Services; or (n) sell, buy, trade, or transfer your log-in credentials, Account or any personal access to the Services through any means or method, including by use of websites.
Further, you agree that you will not (i) use any robot, spider or other automatic device, process or means to access the Services, (ii) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without the prior written consent of Frndly TV, (iii) use any device, software or routine that interferes with the proper working of the Services, (iv) attempt to interfere with the proper working of the Services, (v) take any action that imposes an unreasonable or disproportionately large load on Frndly TV’s infrastructure, (vi) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval, or (vii) incorporate the Video Content into, or stream or retransmit the Video Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Frndly TV in writing.
9. Transactions
By completing a transaction through your Account, you are (i) agreeing to pay for all transactions made through your Account, including recurring charges for subscriptions that are not cancelled; (ii) authorizing Frndly TV, Inc. to charge your payment card all fees due and payable for all your transactions; and (iii) agreeing to any applicable terms associated with use of the particular Service. UNLESS WE ARE REQUIRED BY LAW, WE WILL NOT PROVIDE A REFUND OR CREDIT FOR ANY REASON, INCLUDING WITHOUT LIMITATION, FOR ANY PERIOD REMAINING IN YOUR SUBSCRIPTION AFTER YOU CANCEL YOUR SUBSCRIPTION. THE PRICE APPLICABLE TO YOUR TRANSACTION WILL BE THE PRICE THAT WAS IN EFFECT AT THE TIME OF THE TRANSACTION. Special product, prices and promotions are no longer valid once they are changed or removed. Prices listed do not include sales tax. Applicable sales tax will be calculated and added at the time you complete a transaction.
10. Video Content and Video Streams
Concurrent Streams; Variables. Video Content is connected to the single Account used to order that content and cannot be transferred to another account. Each Account can activate up to a maximum of four video streams concurrently depending on the plan selected, provided that such limitation may change from time to time at our discretion and may require device and account verification. Certain variables not within our control may impact the delivery of and access to Video Content, including, without limitation, availability of Video Content from our third party licensors, the speed and availability of your broadband or network connection, compatibility between the format of the Video Content and the device you use to access that Video Content, and any applicable restrictions that may be imposed on the Video Content from our third party licensors. These variables may cause delays, technical difficulties or an inability to view the Video Content. Digital versions of some Video Content may be different from the original formatted content or previously released versions of the same titled content. As a result of the foregoing, we are unable to make any warranties about the Video Content in these respects.
Compatible Devices. You can access the Video Content with almost any Internet-connected computer or through the Frndly TV application available for certain mobile or other devices (Internet connection required) (each, a “Compatible Device”). Additionally, certain components of the Services may only be compatible with a subset of Compatible Devices or require download of certain software, even if other aspects of the Services can be accessed on any Compatible Device. For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please email us at [email protected]. You can add a Compatible Device to your Account by downloading the Frndly TV application to the Compatible Device and by signing into your Account through the application. You must have a high-speed Internet connection in order to access and use certain aspects of the Services.
Temporary Download. The Video Content may be available for temporary download for offline viewing on certain Compatible Devices based on your Service offering. The number of temporary downloads available for Compatible Devices, and the length of time that certain temporary downloads remain available to you for offline viewing, may be subject to limitations by Service offering, and such limitations may change from time to time at our discretion.
Live Stream Content: Ad Supported Content. Video Content may be made available to you as a live or near-live stream (“Live Stream Content”) or as a licensed stream supported by advertising or promotional materials that may be for a limited duration (“Ad Supported Content”). Video Content is subject to digital rights management rules, and are subject to other restrictions and limitations depending on the type of Video Content or the device you use to access Video Content. Some of these restrictions are described below.
Live Stream Content. Live Stream Content comprises live or near-live transmissions of Live Events and may be viewed at the time of, and simultaneously with the occurrence of the Live Events themselves, and may also be available for an extended period past the occurrence of the applicable Live Event. When you access Live Stream Content, you may not be able to view any part of the Live Stream Content that occurred prior to the start of your viewing. We have no control over the start and finish time of a Live Event; the duration of a Live Event; the content of a Live Event (including the availability, quality or suitability of the content or that it complies with applicable law); or that the Live Stream Content be delivered uninterrupted, error-free and without fault or delay.
Ad Supported Content. Ad Supported Content is Video Content that contains or is displayed with advertising, marketing or other promotional materials (together, the “Promotional Materials”). Promotional Materials may be displayed in or around Ad Supported Content by any means selected by us or our Ad Supported Content Partners (defined below). By accessing, you acknowledge that Ad Supported Content may include, comprise or be displayed with Promotional Materials that may delay or interrupt its playback. We may prevent you from skipping or manipulating the display of Promotional Materials, and, if so, you may not attempt to access Ad Supported Content in any manner not prescribed by us. We do not endorse any third-party advertisement or promotional material (including the Promotional Materials) associated with Ad Supported Content in any manner and give no warranty or other assurance in relation to any products or services featured in these advertisements and promotional materials.
Certain Ad Supported Content may be hosted or delivered to you by or through third party licensors, providers or partners (“Ad Supported Content Partners”). We have no control over the content hosted or delivered by the Ad Supported Content Partners (including all associated Promotional Materials, corresponding meta-data, artwork and other peripheral materials). We cannot guarantee that their content will be complete and accurate, comply with applicable laws, correspond to its description, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay.
Limitations. The Services are not available to subscribers outside of the United States, and the content that we make available may be limited by law or by the rights that certain of our third-party content providers grant to us. The periods during which you can view each piece of Video Content will vary based on the rights availability of such Video Content and the terms of your subscription. Access to the Services from locations where we do not have rights that are not offered on your Service offering, or where we do not make the Services available is prohibited. Certain Video Content available through the Services may not be available in all territories within the United States. Certain live Video Content, including sporting events, may be unavailable due to your location, blackouts, or device-specific restrictions set by sports leagues and other parties that control Video Content rights. Moreover, your access to live Video Content from local affiliates, if any, will depend on the location of your device at the time you access the Services. Geographic restrictions and blackouts will be enforced according to the location from which you are accessing the applicable Service offering or third-party services, and we may use different technologies and methods to verify your location. You may be required to enable location access on your device in order to access certain Video Content. If you circumvent or attempt to circumvent any such restriction or blackouts, then you may be subject to legal action brought by us or third parties. Certain of our Services may have additional restrictions and your access to such Services will be subject to those restrictions.
Cloud DVR. The Services may provide the ability to record live Video Content to your cloud DVR. Frndly TV may limit storage capacity and the amount of time such recordings can be stored on your cloud DVR and available to you. If your subscription – or your access to any of the Video Content or networks/channels included in your subscription – is cancelled, suspended, interrupted, or otherwise discontinued, you may lose access to previously-made recordings, even if your subscription or that access resumes or is reinstated. Unfortunately, Frndly TV is unable to guarantee error-free recording, storage, or playback. Other than your usage of the cloud DVR made available to you by Frndly TV, you may not record, copy, store, or redistribute any Video Content. You may only use your cloud DVR to the extent permissible under copyright and other applicable laws. We reserve the right to terminate the cloud DVR (and/or all or any portion of your access to the cloud DVR) at any time in our sole and absolute discretion.
Future Unavailability. It is possible that the Services and/or some or all Video Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. We will make reasonable efforts to provide you with as much prior notice as possible; however, we shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Services. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a subscriber and we suspend or discontinue your subscription to the Services, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Services due to your violation of these Terms of Use, then you will not be eligible for any such credit, refund, discount, or other consideration.
Features. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Services, including promotions, features, advertisements, user interfaces, plans and pricing. You acknowledge that these are implemented in our sole discretion, may be subject to additional terms, and may not apply to every subscriber.
Photosensitivities. The Video Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities. Additionally, 4K UHD HOR content versions enable greater brightness and color saturation, which may also affect users.
You understand and agree that the Video Content you receive through the Services is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for such purposes.
11. Free Trials
When you sign up for an Account, it may begin with a free trial period, which you will begin by providing your email address, name, billing zip code, and payment card information (depending on how you access the offer). At the end of the trial period, if you have not cancelled your subscription, your payment card will be charged for the Service at the then-current, non-promotional price after your promotion. To avoid being charged for each subsequent renewal of the subscription, you must cancel your subscription prior to expiration of the then current subscription free trial period as set forth in Section 13. There is a limit of one free trial per customer. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial. Eligibility for free trials may vary based on factors including the plan or offering selected. Certain limitations may also exist with respect to combining free trials with any other offers. We provide notice of the terms of the free trial at the time you register, and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless required by law in particular jurisdictions or instances. Please see the Frndly TV Free Trial Offer Terms and Conditions further below.
12. Promotional Offers & Discounts
From time to time, promotional offers may be presented to you by Frndly TV. These promotional offers may vary. They may be offered only to select subscribers or subscriptions, may be limited in time and/or geographic scope, or may require you to make a minimum purchase or to purchase a particular subscription, or may exclude particular products. For example, we may offer a discount coupon in a stated amount (i.e. $5 off your first month’s subscription), or we may provide a promotional code (which must be redeemed as part of the offer), or a discount for a limited time (i.e. receive your first 2 months for $9.99 per month). We may provide promotional offers to you directly or through our affiliates or other third parties; if from a third party, you are also subject to any additional terms and conditions prescribed by those third parties, including their right to modify or cancel that particular offer. Generally speaking, and unless otherwise stated, promotional offers cannot be combined; however, certain offers may be redeemed in addition to any free trial period or as part of our referral program, if applicable. Frndly TV reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer. Frndly TV reserves the right to change, amend, and alter then-current promotional offers or promotional terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. We do not guarantee that any promotional offers are or will be available to you at all, or in connection with any Services desired by you. Although additional or alternative terms and conditions may apply to a particular promotional offer (and will be stated in conjunction with that offer as applicable), please see the Promotional Offers Terms and Conditions further below which commonly apply to our promotional offers.
13. Subscriptions, Auto-Renewal and Cancellation
We may offer you the opportunity to purchase subscriptions that provide access to particular products or services for a month or a year at a time. Please review each product description, the cost, applicable taxes, fees, and surcharges, usage rules, eligibility, restrictions, features, device availability, and subscription term carefully before ordering or paying. At the beginning of each subscription term without further notice to you, the cost of each subscription plus applicable taxes, fees, and surcharges will automatically be charged to the payment card you presented when you created your Account. When you provide a payment method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. The price of your subscription may change, and we will notify you of any changes. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions below. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Services. Please check with your Internet provider for information on possible Internet data usage charges. You may view each month’s charges in your Account at frndlytv.com under “Transaction History” or you may request that we email you a receipt of each month’s charges by emailing us at [email protected].
Minimum Requirements. Frndly TV reserves the right to require and/or change minimum programming package requirements, from time to time and at any time, in its sole and absolute discretion. For example, Frndly TV may require a minimum commitment term, or Frndly TV may require you to subscribe to a minimum level or package of our Services in order to view certain content or obtain access to purchase additional levels or packages of Services. In order to purchase certain packages, you may be required to first subscribe to Services for a set term (e.g., a year-long subscription).
Subscription Billing. Your “subscription term” is the interval of time between each recurring billing date and corresponds to the term of your subscription. For purposes of these Terms of Use, a “day” or “date” begins at 12:00 a.m. Mountain time and ends at 11:59 p.m. Mountain time of that same calendar day. Where applicable, charges for one or more Services may be prorated for any partial month of service. To see your next recurring billing date, log in to your Account and view your Account details. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28), due to free trials and other promotional offers, gift card redemptions, credits applied, or changes in your subscription or payment method. We reserve the right to change the timing of our billing as necessary, from time to time, and at any time.
Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. You are responsible for keeping your payment details up to date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number and expiry date. This enables us to continue to provide you with access to the Services. You authorize us to continue to charge your card using the updated information. In the event of a failed attempt to charge your payment method (e.g. if your payment method has expired), we reserve the right to retry billing your payment method. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. You also agree that we may charge your payment method on file if you decide to restart your subscription. We may apply interest and late fees for any amounts paid following the date when due, and we may terminate or suspend your account for any failure to timely pay any amounts or maintain up-to-date payment method information within your account.
Cancellation. Subscriptions are either month to month or year to year and renew automatically at the end of the subscription term unless you cancel the subscription by signing into Frndly TV, going to your Account page, and following the cancellation instructions. Cancellation will take effect at the end of the current subscription term. You can view your subscription renewal dates in your Account settings. If you choose to upgrade your subscription, the upgrade will take effect immediately and your Account will be prorated accordingly. If you choose to downgrade your subscription, the downgrade will take effect at the end of your current subscription term and you will be billed at the new rate for the subscription. If you modify your subscription to switch from one Service to another Service during your billing period, you may not have continued access to your original Service. If you no longer wish to receive your subscription, you must cancel your subscription. If you have cancelled your subscription, your Account will show that it has been cancelled. You must cancel your subscription prior to 11:59 p.m. Mountain time on the day before your next recurring billing date in order to avoid being charged for the next billing period. There are no refunds or credits for partial monthly or annual subscriptions. If you cancel, including if you switch your billing to a third-party, you will forfeit any service or referral credits. We may also offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, billing will resume automatically.
After you complete your subscription order, you will receive a confirmation of the transaction and auto-renewal. You hereby consent to receiving the confirmation via email to the email address connected to your Account. As with all transactions, please print and retain a copy of your confirmation email for your reference. You have the right to withdraw your consent to receiving the confirmation via email and receive a hard copy of the confirmation via regular mail. You can exercise this right by emailing us at [email protected], and you will need to provide your contact information necessary for delivery of the hard copy of the confirmation.
After the effective date of termination or cancellation, you will not be able to access content or services provided in your subscription. Further information about managing your subscriptions is available at helpcenter.frndlytv.com.
Attorney’s Fees/Collections. If we use an attorney or a collection agency to collect any money you owe us, or to assert any other right that we may have against you (e.g., any breach of any agreement you may have with Frndly TV or any of our affiliates), then you hereby agree to pay the reasonable costs of such collection or other action. These costs may include the costs of a collection agency, reasonable attorneys’ fees, and court costs. If you believe you have been billed in error, you must contact us immediately, and in no event more than 15 days following the date you receive any bill for which you are seeking correction. Failure to timely notify us of any dispute will constitute your acceptance of the corresponding billed amounts.
Restarting your Services. If you do not make timely payment for your Services, we may disconnect, suspend, limit, or terminate your access to such Services, and in such event, we will be immediately and forever wholly relieved from any and all of our duties and obligations to you under these Terms of Use. If your Account is disconnected for non-payment, or for any other reason whatsoever, then Frndly TV may require that you pay, and you agree to pay, any amount due (regardless of how long outstanding, and including all past due charges and all outstanding balances accrued through the date of such disconnection) before we reconnect your access to any of our Services. We are not obligated to reconnect your access to any of our Services. If your Services are disconnected for non-payment, or for any other reason whatsoever, then you may no longer be eligible, even if you pay to restart your subscription to the Services, to receive any remaining credits or promotional pricing that you would have been eligible to receive had your subscription to the Services not been disconnected, suspended, limited, or terminated.
Automatic Downgrade. If you elect an annual subscription and your payment is unsuccessful, then we will notify you of such unsuccessful payment and attempt payment a second time at the annual rate. If the second annual payment attempt is unsuccessful, then we will automatically convert your subscription to a monthly plan, attempt payment at the current monthly rate, and provide you with notice of the same. If your payment at the current monthly rate is unsuccessful, we may terminate or suspend your subscription. If your monthly payment is successful, your continued use of the Services after such notice shall be deemed to be your acceptance of the change to the monthly plan. If such change is unacceptable to you at any time, you may cancel your subscription by signing into Frndly TV, going to your Account page, and following the cancellation instructions. If you accept the change to a monthly plan, you can request a subsequent change to an annual plan at any time by emailing us at [email protected]. Upon such request, we will convert your subscription to an annual plan and credit you the difference between the annual and monthly rates on a pro-rated basis.
14. Subscriptions Obtained Through Third Parties
If you obtain a Frndly TV subscription via a third party (e.g., an app store), that subscription is also subject to the third party’s terms, and the provisions in this Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Agreement conflicts with the applicable third party’s terms regarding subscription purchase, billing, cancellation/refunds, and payments. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your subscription to the Services will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a subscription to the Services obtained via a third party, please follow the cancellation instructions set out by the applicable third party. You can email us at [email protected] for instructions on how to cancel a subscription to the Services obtained via a third party.
15. Bundled Subscription Options; Pay Per View Events
We may offer a Frndly TV subscription bundled with other subscription services, including subscriptions to third-party products and services, e.g., a wireless plan. Notice of the terms of the bundled subscription options will be provided to you at the time you register. Third-party subscriptions, products, and services are governed by terms of use issued by those third parties. We may also offer one-time pay per view events not otherwise included within your subscription. You will be charged for pay per view events at the time of purchase to your chosen payment method.
16. Third Party Ads and Services
We take no responsibility for and do not endorse any third-party advertisements, or any third-party material posted where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, we are not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.
17. Maintenance and Upgrades
From time to time, it may become necessary to provide certain content to you to ensure that the Services and content offered through the Services, or your devices, are functioning properly. Some content may be provided automatically without notice when you sign in. This content may include automatic updates or upgrades that may change your current operating system, cause a loss of data or content, or cause a loss of functionalities or utilities. You authorize us to provide this content, updates, and upgrades, and you acknowledge that we are not liable for any damages, loss of data or loss of functionalities arising from our delivery of these content, updates, upgrades and maintenance services.
18. Termination / Suspension
We reserve the right at any time to change or discontinue any of the Services or any aspect or feature of the Services, including, without limitation, the Video Content, hours of availability, specifications, prices, and equipment needed for access or use of the Services, without notice to you. In the event that we make any such change, you acknowledge and agree that (i) we have no obligation to replace or supplement such aspect or feature of the Services and (ii) you are not entitled to any credits, refunds, price reductions, or any other form of compensation because of any such change. We reserve the right to terminate your Account for failure to complete transaction payments. For any Service that uses online servers, we make no commitment to continue to make those servers available. In addition, we reserve the right to delete your Account data that we determine to have been dormant. If we determine that you have violated any of these Terms of Use or any other terms, guidelines, and requirements connected with the Services, any applicable law or regulation, or have injured or damaged the Services community, in our sole discretion and without notice or liability to you, we may take actions to protect our interests, including termination or suspension of your Account, automatic removal or blockage of Frndly TV Property, implementation of upgrades or devices intended to discontinue unauthorized use, permanent or temporary disablement of any system or device through which you receive the Services or reliance on any other remedial efforts as necessary to remedy the violation. If the violation is in connection with Frndly TV Property that was accessed, use of that content must immediately cease. You agree that Frndly TV will have no liability to you if the Services are changed or discontinued or your ability to access the Services is terminated. After your Account is terminated, you will not be able to access the Services.
Without limiting the foregoing, we may restrict or suspend your access to your Account for cause, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your Account has been created fraudulently, your Account has been accessed fraudulently, or anyone uses your Account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. We also reserve the right, but are not required, to terminate any Account that remains inactive for an extended period of time, e.g., more than one year (failure to log in to your Account will constitute inactivity for purposes of these Terms of Use).
We also reserve the right to take appropriate legal action against you for violating intellectual property rights, fraud, or similar grounds for termination.
19. Trademarks
Frndly TV™ and all other Frndly TV slogans, logos, and product and service names used on the Services are trademarks owned by Frndly TV. You agree not to display or use such trademarks, in any manner, without the written permission of Frndly TV. Names, brands and marks of third parties may be the trademarks or registered trademarks of their respective owners and are used by Frndly TV subject to license or used for identification purposes only. You are expressly forbidden to misuse, reproduce or remove the marks.
20. Copyright
Copyright Frndly TV, Inc. All rights reserved.
All copyrightable text, audio, video, recordings, graphics, charts, photographs, icons, and the design, selection, and arrangement of content on the Services are the proprietary materials of Frndly TV or its third-party licensors or suppliers, unless otherwise noted. The distinctive and original layout and presentation of the Services constitute protectable trade dress under applicable federal law.
Frndly TV also uses proprietary algorithms to run certain software tools made available on the Services. These algorithms and all related software and technology are the sole and exclusive property of Frndly TV and/or its licensors.
21. Content Submitted or Posted
You will not email, post, upload, input, provide, send, or submit any communications or content of any type protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights in the material, and the burden of determining whether any material is protected by such rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission. Frndly TV may limit, remove, or delete any content or other information stored, submitted or used in connection with the Services that Frndly TV in its sole discretion deems to be in violation of these Terms of Use or any applicable federal, state or local law, regulation or ordinance.
Subject to Frndly TV’s policies regarding privacy, any e-mails, notes, message/billboard/forum postings, animation, images, videos, ideas, suggestions, concepts, or other material submitted by you (“Submissions”) will be treated as non-confidential and non-proprietary. If you provide any Submissions to us, we will be entitled to use the Submissions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Submissions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Submissions.
22. Links
Through the Services, you may be able to access links to other websites that are not controlled by us. These links are provided solely as a convenience to you and not as an endorsement by Frndly TV of the contents on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. These Terms of Use do not govern your use of another website or destination. Frndly TV is not responsible for the content or practices on those other websites, even if it links to the Frndly TV site and even if the website or destination is operated by a company affiliated or otherwise connected with Frndly TV. By using the Services, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Frndly TV site.
23. Equipment
You shall be responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware and other equipment needed for access to, and use of the Services and all charges related thereto.
24. Disclaimers; NO WARRANTY
You expressly acknowledge and agree that: YOUR USE AND INSTALLATION OF THE SERVICES IS AT YOUR OWN RISK, AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRNDLY TV AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, “COVERED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICES. Because the Services are provided to you “AS IS,” you agree that Frndly TV shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications, or other information you submit using the Services. Because the Services are provided to you “AS AVAILABLE,” you agree that Frndly TV shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or of your ability to access them. THE COVERED PARTIES ALSO DISCLAIM ANY WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES’ OPERATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (III) ANY INFORMATION OR COMMUNICATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE (AND THE COVERED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM YOUR RELIANCE ON ANY SUCH INFORMATION OR COMMUNICATION). Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.
YOU ASSUME THE FULL RESPONSIBILITY AND RISK FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER CONSEQUENCES THAT RESULT FROM YOUR DOWNLOADING ANY INFORMATION, SOFTWARE, OR OTHER MATERIALS THROUGH THE SERVICES. THE COVERED PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER, INCLUDING LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOADING ANY SUCH MATERIALS.
THE SERVICES ARE NOT INTENDED FOR ANY USE IN WHICH THE FAILURE THEREOF COULD LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE. YOU REPRESENT AND WARRANT TO FRNDLY TV THAT USE OF THE SERVICES SHALL NOT RESULT IN THE SERVICES BECOMING SUBJECT TO THE TERMS OF AN OPEN SOURCE LICENSE UNDER WHICH DOWNSTREAM RECIPIENTS OR OTHER THIRD PARTIES MAY CLAIM THE RIGHT TO (I) COPY, CREATE DERIVATIVE WORKS OF, OR REDISTRIBUTE THE SERVICES, OR (II) RECEIVE SOURCE CODE TO THE SERVICES.
25. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL COVERED PARTIES OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATIONS, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF FRNDLY TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL OR BODILY INJURY, ARISING OUT OF (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (b) ACCESS TO OR ALTERATION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MATTER; (c) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE SERVICES; OR (d) ANY OTHER MATTER RELATING TO THE SERVICES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT FRNDLY TV IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH IT HAS NO CONTROL.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FRNDLY TV’S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FRNDLY TV FOR THE SERVICE, INFORMATION OR PRODUCT ON WHICH SUCH CAUSE OF ACTION IS BASED. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
26. Indemnification
You agree to defend, indemnify and hold harmless Frndly TV and its, third party information providers, suppliers, service providers, licensors, contractors, and others involved in the Services or the delivery of services or information over the Services, and their respective directors, officers, agents, contractors, partners and employees, from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of, relating to, or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorized use of the Services or content or material obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of these Terms of Use. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.
27. Third Party Content
The Services are owned and operated by Frndly TV but may include elements licensed from or provided by third parties. Frndly TV is not a publisher of content supplied by third parties and users of the Services. Accordingly, Frndly TV has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Frndly TV. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. Frndly TV neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized Frndly TV employee spokespersons while acting in their official capacities. You should read the terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Services using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows¬-powered device) then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not parties to this contract. You agree that your access to the Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
28. Viruses
Frndly TV also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
29. Export Control
SOFTWARE AND OTHER MATERIALS FROM THE SERVICES MAY ALSO BE SUBJECT TO UNITED STATES EXPORT CONTROL. THE UNITED STATES EXPORT CONTROL LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS PROHIBIT THE EXPORT OF CERTAIN TECHNICAL DATA AND SOFTWARE TO CERTAIN TERRITORIES. NO SOFTWARE OR TECHNICAL DATA FROM THE SERVICES MAY BE DOWNLOADED OR EXPORTED (1) INTO (OR TO A NATIONAL OR RESIDENT OF) CUBA, NORTH KOREA, IRAN, SYRIA, SUDAN OR ANY OTHER COUNTRY TO WHICH THE UNITED STATES HAS EMBARGOED GOODS; OR (2) ANYONE ON THE UNITED STATES TREASURY DEPARTMENT’S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT’S TABLE OF DENY ORDERS. YOU AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL SUCH LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS.
30. Business Associates
The business associates of Frndly TV identified on the Services are independent contractors of Frndly TV. The business associates are not joint venturers or partners of Frndly TV. No employee or representative of the business associates is under the control of Frndly TV.
31. Copyright Claims and Copyright Agent
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide Frndly TV’s Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site,
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
(iv) Information reasonably sufficient to permit us to contact you,
(v) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement on the Services can be reached as follows:
Frndly TV Copyright Agent
1777 S. Harrison Street, Suite 405
Denver, CO 80210
Email: [email protected]
Frndly TV has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who repeatedly infringe the rights of copyright holders.
32. Nielsen Products in the Services
The Nielsen Company, LLC (“Nielsen”) provides certain products that are contained in the Services (the “Nielsen Products”). The Nielsen Products are provided under, and you hereby agree to the Nielsen Product Terms further below.
33. Additional Terms for the Services on Apple Devices
When the Services are used on Apple devices, certain additional terms apply to your use of the Services (the “Additional Terms for the Services on Apple Devices”), and you hereby agree to the Additional Terms for the Services on Apple Devices further below.
34. Binding Arbitration and Class Action Waiver
PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE.
There may be instances in which disputes arise between you and Frndly TV. YOU AND FRNDLY TV AGREE THAT PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.
Neither you nor Frndly TV will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and Frndly TV agree to arbitrate, as provided below, all disputes between you and us (including any related disputes involving any affiliates of Frndly TV), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Services or these Terms of Use, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Frndly TV empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation the arbitrability of any dispute, and any claim that all or any part of these Terms of Use are void or voidable.
In the event of a dispute, you and Frndly TV agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. The claiming party must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of dispute to Frndly TV, Inc., 1777 S. Harrison Street, Suite 405, Denver, CO 80210 Attn: Office of Legal Counsel. We will send any notice of dispute to you at the contact information we have for you.
You and Frndly TV will attempt to resolve a dispute through informal negotiation within sixty (60) days beginning from the date the notice of dispute is sent. This informal negotiation requires an individual meet–and-confer in person, telephonically, or via videoconference that addresses only the dispute between you and us. If you are represented by counsel, your counsel may participate in the conference, but you will also need to individually participate. Frndly TV will participate in the conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the dispute resolution conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. Alternatively, you may litigate a dispute in small claims court immediately if the dispute meets the requirements to be heard in small claims court and you proceed only on an individual basis, whether or not you first negotiated informally or completed a dispute resolution conference. However, nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any dispute resolution conference or filing in small claims court.
If you, on one hand, and Frndly TV, on the other, do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267.
Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Denver County, Colorado; provided, however, that if you can demonstrate that arbitration in Denver County would create an undue burden to you, JAMS may hold an in-person hearing in your hometown area. You and Frndly TV agree to submit to the exclusive jurisdiction of the federal or state courts located in Denver County, Colorado, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or Frndly TV) is responsible for paying the filing fee. If the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then we will pay for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, and will reimburse you for the filing fees you incurred in connection with the arbitration. However, if the arbitrator finds that either the substance of your claim or the relief sought in your claim was frivolous or was brought for an improper purpose (as measured by the standards described in Federal Rule of Civil Procedure 11(b)), to the extent permitted by law, we will have the right to seek recovery of any JAMS Case Management Fees and all professional fees for the arbitrator’s services that we incurred in connection with the arbitration. You would have the same right.
Except as provided above with respect to jurisdiction in Denver County, Colorado, nothing in this arbitration agreement shall be construed as consent by Frndly TV or its affiliates to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Services or these Terms of Use.
If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney. We thank you for understanding why it is important that we agree on the process for addressing disputes.
35. Notices
Any notices we deliver to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Services. For clarity, you consent to receive electronic communications from the Services you subscribe to and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
36. Miscellaneous
You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter and supersede all previous written or oral agreements between the parties with respect to such subject matter. The Services were created and are operated under the laws of the State of Colorado. Frndly TV makes no representation that materials on the Services are appropriate or available for use in other locations. If you access the Services from other locations, you are responsible for complying with local laws. If any provision of these Terms of Use is found to be invalid or unenforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect. These Terms of Use shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. The parties agree that any action at law or in equity arising out of or relating to these Terms of Use that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the County of Denver in the State of Colorado, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. YOU AGREE THAT REGARDLESS OF ANY APPLICABLE LAW TO THE CONTRARY, YOU CANNOT FILE A CLAIM OR CAUSE OF ACTION, INCLUDING VIA ARBITRATION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS OF USE MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. Frndly TV’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not constitute a waiver of that provision. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use inure to the benefit of the parties, including any of our successors in interest. We have the right to assign or transfer our rights and obligations under these Terms of Use, and you have no right to assign or transfer your rights or obligations under these Terms of Use. Frndly TV shall not be liable to you for any failure to perform that is caused by or otherwise results from any acts of God, fires, earthquakes, floods, power or technical failure, server, internet, satellite or uplink failure, acts of any governmental body, or any other cause beyond our reasonable control. The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination.
37. General Contact Information
For any matters where specific contact procedures are not provided for elsewhere in these Terms of Use, you may contact Frndly TV as follows:
Frndly TV, Inc.
1777 S. Harrison Street, Suite 405
Denver, CO 80210
Additional Terms for the Services on Apple Devices
These Additional Terms for the Services on Apple Devices (“Apple Terms”) are between Frndly TV, Inc. (“Frndly TV”, “we”, “us”, “our”) and you and apply to your use of the Frndly TV application you obtained from the Apple App Store (“Frndly TV App”) in addition to the Frndly TV Terms of Use at www.frndlytv.com/legal/termsofuse and the Frndly TV Privacy Policy at www.frndlytv.com/legal/privacy. The Frndly TV App is a Service, as that term is defined in Frndly TV’s Terms of Use.
1. Acknowledgement: Frndly TV, not Apple, is solely responsible for the Frndly TV App and the content thereof.
2. Scope of License: The license granted to you for the Frndly TV App is a non-transferable license to use the Frndly TV App on any Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service, except that the Frndly TV App may be accessed, acquired, and used by other accounts associated with the purchaser via family sharing or volume purchasing.
3. Maintenance and Support: Frndly TV and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Frndly TV App.
4. Warranty: Apple is not responsible for any product warranties for the Frndly TV App, whether express or implied by law. In the event of any failure of the Frndly TV App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Frndly TV App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Frndly TV App.
5. Product Claims: Apple is not responsible for addressing any claims of you or any third party relating to the Frndly TV App or your possession and/or use of the Frndly TV App, including, but not limited to: (i) product liability claims; (ii) any claim that the Frndly TV App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights: In the event of any third-party claim that the Frndly TV App or your possession and use of the Frndly TV App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) you are not located in a 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third Party Beneficiary: Frndly TV and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use and the Apple Terms, and that, upon your acceptance of the Terms of Use and the Apple Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use and the Apple Terms against you as a third party beneficiary thereof.
Nielsen Product Terms
These Nielsen Product Terms (“Nielsen Product Terms”) are between Frndly TV, Inc. (“Frndly TV”, “we”, “us”, “our”) and you.
The Nielsen Company, LLC (“Nielsen”) provides certain products that are contained in the Services, as that term is defined in the Frndly TV Terms of Use at www.frndlytv.com/legal/termsofuse (the “Nielsen Products”). Nielsen Products are licensed and not sold, and ownership thereof and all intellectual property rights and goodwill associated there with shall remain with and accrue to Nielsen alone. The Nielsen Products contain material that is protected by United States copyright laws, patent laws, trade secret laws, and by international treaty provisions. All intellectual property rights and licenses not expressly granted herein are reserved by Nielsen. You shall maintain on, and may not remove, alter or modify any identifying mark, copyright, trademark or other proprietary notice of Nielsen, its affiliates, or its licensors from any copy of Nielsen Product.
You shall not and shall not allow a third party to: (a) rent, lease, loan, license, sublicense, distribute, transfer, publish, display, disclose, or permit access to any Nielsen Product, except to the extent that you are explicitly authorized to do so under these Nielsen Product Terms or the Frndly TV Terms of Use atwww.frndlytv.com/legal/termsofuse; (b) copy, reproduce, modify, change, alter or update any Nielsen Product or any part thereof, except to the extent that you are explicitly authorized to do so under these Nielsen Product Terms or the Frndly TV Terms of Use at www.frndlytv.com/legal/termsofuse; (c) access, reverse engineer, decompile, translate, adapt, disassemble, decrypt or otherwise use any process to discover the source code of any Nielsen Product or of any output from a Nielsen Product; (d) use a proxy server or any other technology to intercept, store or divert any output form a Nielsen Product contrary to the purpose of integrating the Nielsen Product with the Services to enable the collection of output from the Nielsen Product by Nielsen; (e) remove, alter, or modify any identifying mark, copyright, or other proprietary notice of Nielsen, its affiliates, or its licensors from any copy of the Nielsen Product; (f) attempt to obtain the name, location of, or contact any Nielsen panelist, household member or other person(s) furnishing data to Nielsen (“Respondent”); and (g) use or disclose any Respondent’s data (in the event that such data or information comes to its attention); and will keep all information it learns about any Respondent in confidence and will promptly notify Nielsen that such information has come to its attention.
These Nielsen Product Terms shall be governed by the laws of the State of New York, United States of America, without regard to its choice of law provisions. The parties agree to the exclusive personal jurisdiction of the State and Federal courts located in New York County, New York for the purposes of resolving all disputes arising in connection with this Agreement and each party hereby waives all objections to venue in those courts.
Frndly TV Free Trial Offer Terms and Conditions
Offer/Offer Termination: Offer is a free trial of Frndly TV™ Basic, Classic or Premium subscription package for a period of up to 7 days (“Trial Period”), redeemable at www.frndlytv.com (“Trial Offer” or “Offer”). Frndly TV reserves the absolute right to withdraw, cancel, early terminate, or modify this Trial Offer, or any element thereof, at any time and for any reason. After such time of termination, Frndly TV shall not be obligated to redeem any further Trial Offers.
Eligibility: This Trial Offer is offered to you in the 50 United States (and its territories) (“U.S.”) and is open to U.S. residents 18 or older. You may only use this Trial Offer once. If you have subscribed to Frndly TV or have taken a free Trial Offer previously, you are not eligible. Current paying Frndly TV subscribers are not eligible.
What is Required and How a Trial Offer Works: Free Trial offers may differ. Generally, you will be asked to select your preferred Frndly TV package and to provide your email address in order to activate a Frndly TV account. You will then be asked to provide payment information to start your 7 days of the free Trial Offer (you will not be charged at this time). Certain customers may receive a URL link directly from us or our affiliates; customers who receive this link may start their 7 days of the free Trial Offer by clicking the link, entering their email address, and at that time will be asked to select their preferred Frndly TV package and provide payment information immediately (you will not be charged at this time). IMPORTANT NOTICE: At the conclusion of the applicable Trial Period, the free Trial Offer immediately expires and your account automatically converts to a paid subscription unless you affirmatively cancel before the end of the Trial Period. If you cancel before the expiration of the free Trial Offer, you waive any remaining time of your free Trial Offer and will no longer have access to the Services. To cancel your subscription, visit your Account page and select cancel subscription at the bottom of the page. If you continue with a paid subscription, your payment method will be immediately charged for the Frndly TV package you selected. Subscriptions automatically renew each month or annually depending on the option selected until cancelled. There are no refunds or credits for partial monthly or annual subscriptions.
General Offer Terms: Offer is not transferrable or assignable. Offer may not be combined with other promotions, discounts or offers unless expressly permitted and stated by Frndly TV in conjunction therewith. If for any reason the Offer, or any element thereof, is compromised or not capable of running as planned, due to virus, bugs, tampering, unauthorized intervention, fraud, cheating, technical failures, any force majeure event, artifice or any other causes similar or dissimilar, Frndly TV reserves the right to cancel, terminate, or modify the Offer or any element thereof at any time. Void where taxed, restricted or otherwise prohibited, and to employees of Frndly TV. Frndly TV’s decisions are final and binding.
By submitting your email address, payment details, and/or by your use of Frndly TV subscription products and services, you agree to be bound to these Offer terms, and the Frndly TV Terms of Use at www.frndlytv.com/legal/termsofuse and the Frndly TV Privacy Policy at www.frndlytv.com/legal/privacy, and understand and agree that additional limitations may apply.
Promotional Offers Terms and Conditions
Frndly TV reserves the absolute right to withdraw, cancel, early terminate, or modify any Offer, or any element thereof, at any time and for any reason. After such time of termination, Frndly TV shall not be obligated to redeem that Offer.
Eligibility: Each Offer is available in the U.S., and open only to U.S. residents 18 or older.
Offer Conditions and Limitations: unless expressly stated to the contrary by Frndly TV (or its affiliate or third party if applicable) in conjunction therewith, the following apply to each Offer:
Limited time only, and only while supplies last.
Limited to one-time use per customer/account.
Instructions for submission of information and Offer redemption must be strictly adhered to.
Limited to the dollar amount or discount specified.
Applicable only to the customer, subscription, and/or qualifying item, good or service specified.
Cannot be transferred, assigned, redirected, or resold.
Cannot be combined with other promotions, discounts or offers.
Cannot be applied to previous purchases, or towards any gift card/certificate (if applicable, and provided a gift card is not the stated benefit of the Offer).
Excludes taxes and any other fees. If a minimum purchase is specified, taxes and any other fees are excluded from that amount.
General Offer Terms: If for any reason an Offer, or any element thereof, is compromised or not capable of running as planned, due to virus, bugs, tampering, unauthorized intervention, fraud, cheating, technical failures, any force majeure event, artifice or any other causes similar or dissimilar, Frndly TV (or its affiliate or third party if applicable) reserves the right to cancel, terminate, or modify such Offer or any element thereof at any time. A waiver of any provision herein by Frndly TV does not constitute a future waiver of that, or any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed (to the extent of its invalidity) and these Offer terms shall be construed and enforced without it. If you violate any Offer terms, such Offer will be invalid. Void where taxed, restricted or otherwise prohibited, and to employees of Frndly TV. Frndly TV’s decisions are final and binding.
By redeeming any Offer and/or by your use of Frndly TV subscription products and services, you agree to be bound to both these general Offer terms and any specific Offer terms, and the Frndly TV Terms of Use at www.frndlytv.com/legal/termsofuse/ and the Frndly TV Privacy Policy at www.frndlytv.com/legal/privacy, and understand and agree that additional limitations may apply.
Privacy Policy
February 7, 2024
Frndly TV, Inc. ("Frndly TV", "we", "us", "our") is committed to protecting your privacy. We encourage you to carefully review this Privacy Policy.
This Privacy Policy applies to the frndlytv.com website and all corresponding domains, subdomains, web pages and websites associated therewith (collectively, the "Website") and our video streaming service that provides live and time-shifted television programming delivered over the Internet via applications on consumer devices including desktop computers, mobile phones, tablets and connected television devices (collectively, with the Website, the "Services"). This Privacy Policy does not alter the terms of any other agreement that you may have with us. By accessing or using the Services, you agree to the terms of this Privacy Policy and consent to the collection and use of information as discussed in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, do not access the Services or provide your information to Frndly TV.
Along with this Privacy Policy, please read the Frndly TV Terms of Use at https://try.frndlytv.com/privacy-and-terms-of-use, which are hereby incorporated and made part of this Privacy Policy.
California Notice at Collection of Personal Information: We collect personal information described below for the purposes described below. To learn more about your California privacy rights, including your right to opt out of the sale of personal information, please read our “Privacy Notice for California Residents” under the “CCPA” tab of this web page.
1. Information We Collect
"Personal Information" is data that can be used to uniquely identify or contact a single person. Personal information we collect may include your name, mobile phone number, email address, and payment information (such as payment card number, security code, billing address and Zip code and expiration date), and other account information. We may also collect and keep other information about your account with us, such as billing and payment history, customer service interactions, and programming options. In addition, we may take Personal Information you provide to us and aggregate it with information of other users and customers. To the extent that we can still identify you with this aggregated information, we will treat it as Personal Information.
There are a number of ways in which you may provide us with and consent to our collection of certain information, some of which may include Personal Information. However, if you choose not to provide certain information, certain features of the Services may not be available to you and some features may not function properly.
A. Information Provided by You
By way of example, you may provide information, some of which may be Personal Information, in the following circumstances:
We may also collect certain information using automated methods, and some of this information, whether alone or combined with other data, may be Personal Information. Examples of automatically collected information include:
Viewed Content. If you stop watching a program on a particular device, the Service provides the option for you to pick up the program where you left off when you launch the Service on a different device. To be able to do this, we must keep track of the content you have watched, when you watched the content, the point at which you stopped watching the content, make recordings of that content, and connect that information to your Account, along with identifying all devices you use in connection with your Account. The Service also permits you to pause, rewind or fast-forward content. To be able to do this, we must make recordings of the content you are watching and connect that information with your Account.
Location Information. We use various technologies to detect your general location, such as city or zip code.
B. Information We Receive from Third Parties
We may receive information about you (including Personal Information) from third parties. For example, if you are on another website and you opt-in to receive information from us, that website will forward to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our pages on Facebook or Twitter or another social platform or website) through which you allow us to collect (or the third party to share) information about you, including Personal Information.
We may also supplement the information we collect about you through the Services with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you, to advertise to you, to analyze and report on how our Services are being used, and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from these third parties with information we collect through the Services and/or offline. In those cases, we will continue to apply this Privacy Policy to any online Personal Information received pursuant to this Privacy Policy, unless we have disclosed otherwise.
2. Personal Information Use and Sharing
We collect and use Personal Information so that we may provide you the services you request, send you marketing or promotional communications, authenticate your Account, collect payment, and send you the information and materials you request or otherwise contact you as you request. We will also use your information to provide you information regarding the Services. We may use your Personal Information for surveys, loyalty programs, giveaways, contests, sweepstakes, and other promotional events that we offer to our customers. We may also use your Personal Information to help us to understand, analyze and measure how users use the Services; manage the Services’ operations; deliver contextual and targeting advertising and measure the effectiveness of advertisements; help diagnose problems; recognize repeat visitors; facilitate your access to and use of the Services; for market research; and format content for your device type and browser. We may collect and use Personal Information for market research; to invite you to join focus groups; to participate in surveys; and to participate in studies. We may also disclose Personal Information to third parties for the purposes described in this Privacy Policy.
When your Personal Information is collected on the Services, it may be shared with selected third parties who assist us with our business operations, with the provision of the Services, with our marketing or advertising campaigns, or in delivering you the features and functionality that you have requested ("Third Party Processors"). These Third Party Processors include companies that send text messages or emails to authorize you to use the Services, process payment card information, and deliver materials to you via e-mail, for example. Third Party Processors are authorized to use the Personal Information that we provide to them to carry out the service they are providing for us, to manage, maintain, or improve their services, to combat fraud, or as required by law. We require the Third Party Processors by contract to have reasonable measures in place to secure your Personal Information and maintain it so that it can be accessed when needed for future purposes. All such Third Party Processors are contractually bound by us to keep the Personal Information confidential. Certain third party processors have additional rights to use Personal Information:
We may use your location to provide advertisements, offers and notices that are relevant to your geographic location and conduct analytics to improve the Services. We may also use location information to confirm that you are in the geographic area where we are permitted to provide the Services. Location information may be combined with other data and may be shared with third parties as described in this section 2.
As part of the Services, we will prepare and maintain information collected from the Services that is aggregated or otherwise altered so that it does not directly identify you and cannot reasonably be linked to you. We and our licensees, vendors, service providers, third party processors, and agents use and share such information for business purposes.
We or our Third Party Processors may disclose your Personal Information without your permission (i) pursuant to judicial or other government subpoenas, warrants, or orders or otherwise to comply with law; (ii) where we believe the rights, property or an individual’s safety or security is at risk; (iii) if we find that your actions violate our Terms of Use at www.frndlytv.com/legal/termsofuse or any of our other legal rights; or (iv) where otherwise required or permitted by applicable law (which may include a lawful access request by US or foreign courts, governments or law enforcement agencies).
If we buy, merge, reorganize or sell any business or business assets, Personal Information and non-personal information will likely be disclosed or transferred as part of the transaction. If, in connection with a purchase, sale, merger or reorganization your Personal Information will be processed in a materially different way, our practice is to notify users who have provided us with an e-mail address via e-mail.
If we offer a joint promotion, sweepstakes or contest with one or more partners, we may provide your Personal Information to the partners. Any use or sharing of your Personal Information by a partner will be subject to the partner’s privacy policy.
We may also share information with our advertisers and our advertising service providers about when, where, and how (e.g., streaming device, mobile device, or computer) an advertisement was viewed. We may also tell them certain pieces of demographic information about your household. We will not tell the advertiser which individuals or households watched the advertisement. Advertisers, advertising technology companies, and service providers that perform advertising-related services for us and our business partners may use cookies, web beacons, tags, and other technologies to collect information from or about you to tailor advertisements, measure advertising effectiveness, and enable other enhancements. In addition, we may use information about you for marketing or advertising purposes in the following ways:
3. Other Information
A. Our Use of Other Information
We and third parties acting on our behalf use data collection technologies to help us to manage the operations of our Services and track usage behavior. These data collection technologies include:
i. Cookies
"Cookies" are small pieces of information that downloaded to your computer or mobile device when you visit a website or other Service and are stored by your browser. Cookies are then sent back to the originating Service on each subsequent visit to that Service or to another website or service that recognizes those cookies. Some cookies on our Services collect IP and Mac addresses, which may be considered Personal Information in some jurisdictions. Cookies are useful because they allow a website to recognize a user’s device. Our cookies enable us to facilitate access to different aspects of our Services. For example, by showing when and how you and others visit our Services, cookies help us to see which pages of the Services are popular and which are not. Cookies can also help us to improve your enjoyment of the Services, for example, by remembering your session ID and other Personal Information used to identify you as an authorized subscriber to the Services. We may use cookies to personalize advertisements for our Services on other web properties. We may use session cookies during the time of your visit on the Services that may be deleted when you exit, depending on your browser, and we may also use more permanent cookies so we can recognize you if you return to the Services. You can find more information about cookies at www.allaboutcookies.org
ii. Web Beacons and Pixel Tags
We may also use web beacons and pixel tags (also known as web bugs and clear GIFs). Web beacons (also called single pixel gifs, clear GIFs, or web bugs) are Internet tools, such as transparent images on the Services or in emails that we may send you, that help us to determine, for instance, whether a page has been viewed or an email opened. For example, when you ask us to send you information, we may use web beacons to determine how many of the emails we sent were actually opened. A pixel tag is a type of web beacon embedded in an image on the Services. In general, any electronic image viewed as part of a web page, including a banner ad, may contain a pixel tag. We may use web beacons and pixel tags to help us optimize and tailor the Services for you and other future visitors to the website. Web beacons allow third parties to obtain information, such as the IP address of the computer that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the type of browser used to view the page, and the information in cookies sent by the third party.
iii. Local Storage and Local Shared Objects
We may use local shared objects (LSOs) such as Flash Cookies and local storage, such as HTML5 Local Storage, to enhance user experience. Local storage is similar to browser cookies but can store data more complex than simple text. By itself, local storage cannot do anything to or with the data stored on your device. Like cookies, local storage can only access Personal Information that you have provided on the Services. Third parties with whom we partner to provide certain features on the Services or to display advertising based upon your web browsing activity may also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here .
Information that we collect via the data collection technologies described in this section may be linked to other information about you and may be Personal Information. We may use the technologies described in this section, alone or in combination, to provide, manage and administer the Services, understand user behavior, target and measure the effectiveness of advertisements, send follow-up emails and advertising after visits to the Website, help diagnose problems, recognize repeat visitors, track and analyze usage behavior, facilitate your access to and use of the Services, or optimize the performance of the Services.
Your browser, such as Internet Explorer, Chrome, Firefox and Safari, may allow you to manage your cookies and local storage. Because each browser is a little different, we encourage you to check your browsers’ "Help" feature to learn how to block cookies, how to receive notification of new cookies, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the Services and some parts of the Services may not function properly.
"Do Not Track" is a standard that is currently under development. Because it is not yet finalized, we adhere to the standards in this Privacy Policy, and we do not monitor or follow any Do Not Track browser requests. That said, some of our features may have the ability to monitor or follow Do Not Track browser requests.
B. Use of Other Information by Third Party Processors
Our Third Party Processors may use the data collection technologies described in Section 3(A) in the same ways that we use those technologies. Third Party Processors are authorized to use the data collection technologies only to carry out the service they are providing for us, to manage and improve their services, and as required by law.
C. Use of Other Information by Third Parties for Analytics
We contract with third parties, including Google Analytics, that use data collection technologies to track, analyze and report data about the use of the Services and to analyze and optimize the performance of the Services. Information about Google Analytics is available at http://www.google.com/analytics/learn/privacy.html and www.google.com/policies/privacy/partners/ .
D. Digital Fingerprinting and Cross-Device Linking
Our service providers may use certain technological measures and third party databases and services to engage in digital fingerprinting and cross-device linking. These technologies may passively collect information about your device to develop a digital identifier for your device, which is then stored on your device to identify the device in various online transactions. This information is combined with other information regarding your use of the Services and third party databases and may be combined with information from your Account, including Personal Information. The device data that is collected by our service providers may be maintained to create a history and reputation of a particular device to help reduce online fraud and recognize your device in connection with the Services and advertising
4. Third Party Tracking
Third parties, other than our third party processors and vendors, do not have authorization from us to track which websites you visited prior to and after visiting our Services. That said, we cannot control third party tracking and there may be some third party tracking that occurs without our knowledge or consent.
5. Advertising
We may use a variety of third party ad networks and third party ad servers ("Ad Partners") to deliver ads to you on our behalf. These Ad Partners may place their cookies, web beacons or other technology on the Services or in your browser to (among other purposes) collect data about you when you visit the Services, where you go, what you do after you leave the Services and to link your devices to enable the Ad Partners to deliver more relevant advertisements for our products to you on third party websites. The use of cookies, web beacons or similar technologies by the Ad Partners is subject to their own privacy policies, not ours. We encourage you to view the privacy policies of the Ad Partners to learn more about their cookies and other technologies.
For more information about the Ad Partners’ technologies and how they use the information collected by the technologies on the Services and your options not to accept cookies placed by some Ad Partners on the Services, visit the Network Advertising Initiative ("NAI") at https://optout.networkadvertising.org/ to change your consumer preferences with respect to certain online ads and to obtain further information about third party ad networks. This opt-out is device- or browser-specific and may not work on all devices. If you choose to opt-out through the mechanism in this section, you still may see advertisements but the advertisements from NAI participants will not be based on your interests.
To learn more about interest-based advertising, and to opt out of collection and use of information about your online activities for interest-based advertising by the Digital Advertising Alliance (DAA) participating companies, please visit http://www.aboutads.info/choices/. To opt out of targeted advertising through mobile applications, please visit https://youradchoices.com/appchoices.
Even if you opt out pursuant to any of the foregoing opt out options, you will still receive advertising from us and third parties. You may also still receive advertising from us or third parties that is customized based on information we’ve collected or received from or about you or on information about your online activities from third parties that are not DAA or NAI participating companies. You may also still receive advertising from us or third parties on connected devices unless you opt out as described in the section below.
Certain connected devices from third party vendors (including connected TVs, gaming consoles, or other streaming devices) may also display interest-based advertising to you. You may opt out by setting your interest-based advertising preferences while using the device. These settings vary by device and may include device settings to limit interest-based advertising or similar settings accessible within the Services. Please note that even if you opt out, you will still receive advertising from us and third parties, and your opt out preferences will only apply to the specific device.
You may adjust your device or Internet browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be automatically recognized upon revisiting and may not be able to use certain features of the Services or take full advantage of all of our offerings. Please refer to your device’s settings or your Internet browser’s “Help” section for more information on how to delete and/or disable your device or browser from receiving cookies or controlling your tracking preferences.
In addition to the opt out options above in this section, you may contact us directly to stop using cookies and other tracking practices on the Services that help us deliver more relevant advertising to you. To make this choice please contact us at helpcenter.frndlytv.com or email us at [email protected].
6. Other Opt Outs; Changes in Personal Information
If you choose to opt-out of marketing email communications, such as newsletters, special offers, promotions, and special event invitations, you may do so at any time and without penalty by clicking on the link provided in the email to unsubscribe, contacting us at helpcenter.frndlytv.com or emailing us at [email protected] . You may not unsubscribe to communications regarding your Account, your Subscription or the Services. Unsubscribing to marketing communications from Frndly TV will remove you from the Frndly TV marketing email list, but we will still need to communicate with you about your Account, your Subscription, the Services or other request.
If you want to stop receiving text messages from Frndly TV, text "STOP" to "FRNDLYTV."
If you wish to update, correct or otherwise have access to your Personal Information in our records, please contact us at helpcenter.frndlytv.com, email us at [email protected] , or, if you have registered for an Account, log into your Account. We will not be responsible for modifying or removing Personal Information from the database of any third party to whom we were authorized to disclose your Personal Information prior to processing your request. Please note that any Personal Information that we have copied may remain in back-up storage for some period of time after your request.
We may request certain Personal Information for the purposes of verifying the identity of the individual seeking access to his or her Personal Information records.
You can also opt-out of future information collection from the Services by cancelling your Subscription. After you cancel your Subscription, Frndly TV retains certain parts of your information, including name, email address, phone number, and your payment card number to facilitate restarting your Service. If you want to delete your Account, you may contact us at helpcenter.frndlytv.com or email us at [email protected] , but without an Account, you will not be able to use the Services.
7. Links from the Services
The Services may contain links to third party websites or services that are not controlled by us. In some cases, you may navigate to pages of other websites that are framed with elements of the Services such as in the header or footer. In that case, the URL will identify the site you are visiting. These links are made available to you as a convenience, and you agree to use these links at your own risk. These other sites and services are not bound by our Privacy Policy, and we are not responsible for the privacy practices or content of such third party websites or services. If you disclose your information to others in connection with your use of our Services, you are subject to the privacy policies that they apply. The privacy policies of other organizations may differ from ours, for example, with respect to the level of security, use of cookies, and collection, use and disclosure of Personal Information. If you would like information on any other party’s privacy policy, you should contact that party directly, and we encourage you to do so.
Some of the Services use third party operating systems, platforms, communication services, devices, and software elements (such as mobile device operating systems, wireless services, mobile phone and tablet devices), and some of the Services are provided by third party distributors, device makers, device operators, platform operators, and communication services. We do not control these third party entities, products and services, and they may collect, use, process, transmit and disclose your information. For example, these third party entities, products and services may gather information from the Services in a manner that overrides your settings and preferences in the Services. As we do not control these third-parties’ data handling practices, we recommend that you review their privacy policies, terms of service and license agreements (if any).
8. Audience Measurement Providers
Some of the Services contain Nielsen’s proprietary measurement software which will allow you to contribute to market research, like Nielsen’s TV ratings.
9. Platforms and Devices
The Services operate on platforms and devices not controlled by us. Those platforms and devices may use, collect and disclose information, including your Personal Information, subject to their own privacy policies.
10. Security
We have put in place procedures intended to protect your data. Please understand, despite these efforts, we cannot guarantee the security of your information given the current state of the Internet. Any transmission of information is at your own risk. We cannot guarantee protection of all electronic information from interception, misappropriation, misuse or alteration. We cannot guarantee that your information will not be disclosed or accessed by accidental circumstances or the unauthorized acts of third parties.
11. Children
Our Services are not intended for children, and we will not knowingly collect information from children under the age of 13.
We encourage parents to talk to their children about their use of the Internet and the information they disclose online. If we learn that we have collected the Personal Information of a child under 13 without verifiable consent, then we will use reasonable efforts to delete the child’s information from our databases. If you become aware that we have collected Personal Information from a child without parental consent, please email us at [email protected] promptly.
If you are a California resident under age 18 and are a registered user of any of the Services, then you may request that we remove any submissions that you publicly posted on or in the Services. To request removal of a submission, please Contact Us and send a detailed description of the specific submission. We reserve the right to request that you provide information that will enable us to confirm that the submission that you want removed was created and posted by you. We will make a good faith effort to delete or remove your submission from public view as soon as reasonably practicable. Please note, however, that your request that we delete your submission does not ensure complete or comprehensive removal of your submission. Your submission may remain on backup media, cached or otherwise retained by us for administrative or legal purposes or your submission may remain publicly available if you or someone else has forwarded or re-posted your submission on another website or service prior to its deletion. We may be required by law to not remove or allow removal of your submission.
12. Notice to Non-United States Users
Frndly TV, Inc. is a Delaware corporation and the products and services available on the Services are provided by or on behalf of Frndly TV based in the United States. If you are located outside of the United States, be advised that the Personal Information that you provide will be transferred to and maintained inside and outside the United States, and these jurisdictions’ data protection and privacy laws may not offer the same level of protection as those of the country where you reside or are a citizen. If you do not consent to this transfer, do not accept this Privacy Policy or otherwise use the Services. By using our Services and providing us with your information, you are consenting to the transfer and processing of such information in the United States and other countries.
13. Your California Privacy Rights
The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), gives California consumers the right to know what categories of personal information are collected about them, and how it will be used, disclosed, and sold or shared. Please review our “Privacy Notice for California Residents” under the “CCPA” tab of this web page for a description of our practices regarding the collection, use, disclosure, correction, deletion, and sale or sharing of personal information.
14. Local Laws
Your local laws (such as those in California, Colorado, Connecticut, Virginia, or Utah) may permit you to exercise certain rights with respect to the information we collect from and about you. Please note that your rights vary depending upon your location, and that we may request you provide us with information necessary to confirm your identity and verify your request before responding to your request as required or permitted by applicable law. Certain information may be exempt from such requests under applicable law. For example, we may need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances, if you still ask us to delete your information, you may no longer be able to access or use our Services.
Depending on your location, local law may allow you to make certain requests related to your personal information, including that we:
Applicable law may provide you with the right not to be discriminated for exercising your rights.
If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, please contact us at helpcenter.frndlytv.com or email us at [email protected].
Local laws (such as those in California, Colorado, Connecticut, Nevada, Utah, and Virginia) may permit you to opt out of the “sale” of your personal information or to opt out of the sharing or processing of your personal information for targeted advertising to you. Certain applicable laws broadly define sale to include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior in order to enable us to market our Services to you on other websites or apps or to serve you targeted advertisements on the services.
If you would like to opt out of our sale or sharing or processing of personal information for such purposes, you may do so by contacting us at helpcenter.frndlytv.com or email us at [email protected].
15. Changes to This Policy
We reserve the right to modify this Privacy Policy at any time. Material changes will be posted on the Website or the Services. If you have registered with the Service, we may also provide you with email notification of such material changes. Your continued use of our Services following any changes constitutes your acceptance of the changes.
16. Contact Information
Frndly TV, Inc.
1777 S Harrison St
Suite 405
Denver, CO 80210
[email protected]
Privacy Notice for California Residents
February 7, 2024
This Privacy Notice for California Residents (“Notice”) supplements the information contained in the FrndlyTV Privacy Policy, and applies solely to visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.
Collection and Use of Personal Information
The list below describes the categories of personal information we collected from consumers and used for business or commercial purposes within the last twelve (12) months:
We obtain and use the categories of personal information listed above as further described in our Privacy Policy. We will not collect additional categories of personal information or use the personal information we’ve collected for materially different purposes without providing you notice.
Disclosure and Sale of Personal Information
We may disclose and/or sell your personal information to certain third parties, such as our content programmers, service providers and advertising partners for business or commercial purposes as described in our Privacy Policy.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has disclosed the following categories of personal information to its service providers and other third parties for a business purpose:
Sales of Personal Information
In the preceding twelve (12) months, we may have disclosed information about you for purposes that may be considered a “sale” under the CCPA. For example, we may disclose information to our advertising partners and companies that provide advertising-related technology and services and data collection services in order to serve you with more relevant advertising tailored to your interests. We may also disclose information about you to our content programmers to help personalize the content and ads you see on the Services. This information may include the following:
Because we may disclose certain information about you for purposes that may be considered a “sale” under the CCPA, you have the right to opt-out of the sale of your personal information. You may exercise this right, subject to a verifiable consumer request, by emailing us at [email protected] and putting "Do Not Sell My Info" in the subject line.
Your Rights and Choices
Consumer Rights
Request to Know. As a California resident, you have the right to request that we disclose to you (i) the categories of personal information we collected about you and the categories of sources from which we collected such information; (ii) the specific pieces of personal information we collected about you; (iii) the business or commercial purpose for collecting personal information about you; and (iv) the categories of personal information about you that we disclosed and the categories of third parties with whom we disclosed such information in the preceding 12 months.
Request to Delete. You also have the right to request that we delete personal information collected from you subject to certain exceptions.
Non-Discrimination. In addition, you have the right to not be discriminated against in pricing and services because you exercise any of your rights under the CCPA. We will not discriminate against you if you exercise your CCPA rights.
Right to Opt-Out. You have the right to opt-out of the sale or sharing of your personal information, or of targeted advertising.
Right to Correct. You have the right to correct inaccurate personal information that a business has about you.
Right to Limit. You have the right to limit the use and disclosure of sensitive personal information collected about you.
How to Make a Request
To exercise the rights described above, please submit your request to us by either:
In order for us to process a CCPA request, you must submit proof of your identity to ensure the request is a verifiable consumer request. We may not be able to comply with your request if we cannot either confirm your identity or connect the information you submit in your request with personal information in our possession. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. If we cannot comply with your request, we will notify you in accordance with the CCPA.
We will work to process all verified requests within 45 days. If we need an extension for up to an additional 45 days in order to process your request, we will provide you with an explanation for the delay.
Changes to this Notice
We will update this CCPA Notice from time to time in accordance with our Privacy Policy. Any changes will be posted on this page with an updated effective date. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.
