Fondly is a social networking service that allows members to create unique personal profiles online to find and communicate with old and new friends and take them on a distance date. Fondly allows for two types of profiles “Looking for a date” (“Member A”) and “Want to be dated” (“Member B”). Both profile types will be addressed as “Member” hereafter when the text is applicable to both profile types. After registration Members can express interest in each other through “Liking” each other or by sending a chat message. After a match between members has been taken place (i.e., both parties have liked each other), Member A can take Member B on a date by requesting a date according to Member B’s schedule and predefined date activity. Upon the time and day of the date, a video connection will be established between the Members of the date.
The service is operated by Fondly, which is part of Wabi-Sabi Tech Limited. By using the Fondly application you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a Member. If you wish to become a Member, communicate with other Members and make use of Fondly services, including the application (the “Service”), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
This Agreement sets out the legally binding terms for your use of the Service and your Membership in the Service.
Fondly may modify this Agreement from time to time and such modification shall be effective upon posting by Fondly on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Fondly’s policy for acceptable use and content posted in the Service, your rights, obligations and restrictions regarding your use of the Service and Fondly’s Privacy Policy.
Please choose carefully the information you post on Fondly and that you provide to other Members. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other Fondly Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and Fondly assumes no responsibility nor liability for this material.
Fondly reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
Fondly does not vet/screen or recommend any members and is not an introduction agency. We do not verify members backgrounds or make any warrant that profile information is accurate. By using this service you agree to take responsibility for your own actions if you choose to meet anyone from this site.
By participating in any offline Fondly event, you agree to release and hold Fondly harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Fondly event.
Terms of Use
1) Your Interactions.
You are solely responsible for your interactions and communication with other Members. You understand that Fondly does not in any way screen its Members, nor does Fondly inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Fondly makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. We do however recommend that if you choose to meet or exchange personal information with any member of Fondly then you should take it upon yourself to do a background check on said person.
In no event shall Fondly be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.
2) Eligibility.
Membership in the Service where void is prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of Fondly shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.
3) Agreeing on Dates.
A date request can only take place after Members have received a mutual like or have initiated an initial chat with each other. Member B has created a schedule with available timeslots as well as activities that Member B wants to partake during these timeslots. After a mutual like between Members, Member A can request Member B for a date (free-of-charge) by sending out a date request for an activity on a time and day that is predefined by Member B. Once a date request has been put in by Member A, Member B will receive a notification in which Member B can accept or reject the date request by Member A.
After a match between Members, there is a possibility to limitedly chat with each other on details of the date. Member B can also request for additional services and extras prior and before the date (“Extras”) that are only added to the estimated costs of the date if Member A accepts the request.
Either Member can cancel an accepted date free-of-charge only for a maximum time before the date is supposed to take place. If the maximum free-of-charge time for cancellation has exceeded, a fine will be charged on the cancelling Member.
4) Free and Paid Services.
Fondly offers Members various paid-for services alongside its free options. Registration free-of-charge for all Member types. Member B types can make use of Fondly and its Services completely free-of-charge. Member A is exposed to paid services that are paid during so-called “Fondly Credits” (“Credits”), which Member A needs to purchase beforehand to make use of the paid services. These Credits can be used for services such as chatting, pay for a timeslot, pay for (non-sexual) dates (e.g., dinners, outdoor activities, lunch) and Extras (i.e., additional costs related to the date that has not been agreed on before the start of the date).
The contractual basis for these paid services is also these General Terms of Use. Before concluding a paid-for contract, Member A needs to have sufficient credits to cover the date. Insufficient can be topped-up. Upon concluding a paid-for contract, Member A is informed specifically of the content of the paid service in question, the prices, and the payment terms for the purchase of the Credits. By pressing the “I Confirm the Date” button, Member A declares the wish to conclude a contract concerning the paid services they have selected. The contractual relationship relating to this arises once the order is confirmed by Fondly in the form of a corresponding notice.
Once a paid-for contract has been concluded by accepting of the terms of the date by Member A, the respective amount of Credits are put on hold from Member A’s account and Member A’s accounts is charged when the date has finalized. Any excess of credits that have been put on hold will be returned to Member A’s account after the final costs at the end of the date have been confirmed. In the case of cancellation, Members are provided with a certain amount of time before the date starts to cancel the date free-of-charge. Once the free-of-charge period has exceeded, a fine is charged of the Member that has cancelled the date. Credits that were put on hold for the respective date will be unlocked and become available for use again. Cancelling a date too often after the free-of-charge period may result in a suspension of the account.
Timeslots are subject to a fixed base rate that is set by Fondly. However, the rate for a date and its Extras are completely set by Member B and is subject to the estimated costs (bounded by predefined ranges) of the planned activity of the date. Hence, not in control of Fondly. Upon sending a date request, Member A agrees to all the costs that are set at that point in the date overview. Any Extras to the date that Member B request are subject to acceptance of Member A. Any costs made by Member B that are not agreed on by Member A (e.g., proceeding with Extras that are not approved or rejected, or exceeding the agreed estimated costs of the date) are on the own expenses of Member B.
Fondly is not responsible for the quality of the date between Members. The quality and success of the date is completely the responsibility of the involved Members. Fondly solely acts as an intermediary that provides a video-stream connection in support of the date between Members. Hence, Fondly is under no circumstances obligated to refund any costs related to the dating activity as the costs are a result of an agreement between the dating Members to finance the date activity.
5) Commissions.
To promote finding dates and going on dates, Member B is eligible to commissions. These commissions include a fixed percentage from the base rate and the included Extras. Commissions will be added to Member B’s balance after the date and upon approval of the date end.
6) Non Commercial Use by Members.
Fondly is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Fondly. Illegal and/or unauthorized use of the Service, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Fondly for any illegal or unauthorized use of the Website.
7) Proprietary Rights in Content on Fondly.
Fondly owns and retains all proprietary rights in the Service. Fondly contains copyrighted material, trademarks, and other proprietary information of Fondly and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
8) User content
a. You understand and agree that Fondly may review and delete all content, messages, photos or profiles (collectively, “Content”) that in the sole judgment of Fondly violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Members.
c. By posting any Content to the public areas of the Service, you hereby grant to Fondly the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content. This license will terminate at the time you remove such Content from the Service or notify us by email.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Service. Fondly reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii) harasses or advocates harassment of another person;
iii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
v) promotes an illegal or unauthorized copy of another persons copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
vii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
x) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Fondly cannot monitor the conduct of its Members off any of the Services, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Fondly reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Fondly deems appropriate in its sole discretion.
g. Any automated use of the system, such as using scripts to add friends, is prohibited.
h. You may not attempt to impersonate another user or person who is not a member of Fondly.
i. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
j. You may not sell or otherwise transfer your profile.
9) Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Fondly to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Fondly by the copyright owner or the copyright owners legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf. Fondly’s Copyright Agent for notice of claims of copyright infringement can be reached via email address.
10) Member Disputes.
You are solely responsible for your interactions with other Fondly Members. Fondly reserves the right, but has no obligation, to monitor disputes between you and other Members.
11) Disclaimers.
Fondly is not responsible for any incorrect or inaccurate content posted in connection with the Service provided, whether caused by Members or by any of the equipment or programming associated with or utilized in the Service. Fondly is not responsible for the conduct, whether online or offline, of any Member of the Service. Fondly assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member communication. Fondly is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Service or combination thereof, including any injury or damage to users and/or Members or to any persons computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Fondly be responsible for any loss or damage, including personal injury or death, resulting from use of the Service or from any Content posted on the Service or transmitted to Members, or any interactions between users of the Service, whether online or offline. The Service are provided “AS-IS” and Fondly expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fondly cannot guarantee and does not promise any specific results from use of the Service.
12) Limitation on Liability.
IN NO EVENT SHALL Fondly BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF Fondly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Fondly’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Fondly FOR THE SERVICE DURING THE PERIOD OF A DATE.
13) Disputes.
If there is any dispute about or involving the Service, by using the Service, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.
14) Indemnity.
You agree to indemnify and hold Wabi-Sabi Tech Limited, Fondly, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
15) Other.
This Agreement is accepted upon your use of the Service and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Fondly regarding the use of the Service. The failure of Fondly to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
16) Data security
Fondly cannot be held reliable for loss of your personal data and is not responsible for backing up any of your personal data including text/images/video or other. Fondly makes no claim that your account data is stored securely and should data or personal information be leaked either through a user problems or server problems Fondly cannot be held responsible.