Last revised December 21st, 2016
This Mobile App (hereinafter the “App”) is operated by Telcovision Group S.A.L. Offshore, (hereinafter the “Telcovision”).
Telcovision reserves the right, at its sole discretion, to:
Change the terms and conditions of this Agreement;
Change the App, including eliminating or discontinuing any content on or feature of the App;
Refuse service to anyone and/or delete user accounts if we feel they are disrupting the community; or
Change any fees or charges for use of the App.
This App is not intended for users under 18 years of age. If you are under 18, you are not authorized to use this App and will not be afforded access to any features of this App that allow for you to provide information to us or to share information with other users of this App.
Your safety and security are very important to us. The nature of this App promotes the sharing of personal information by users with other users. Telcovision cannot and does not assure that it is safe for you to have direct contact with other users of this App. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person’s home solely using that person’s correct name. If you believe that any user of this App is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us on firstname.lastname@example.org or email@example.com so that we may take Appropriate action to block further use of the App by any user who is using this App and information obtained from it for improper purposes.
By accessing this App, you agree to use any personal information provided to you by other users of this App in a lawful and responsible manner. You further agree that you will not use personal information about other users of this App for any reason without the express prior consent of the user that has provided such information to you.
TELCOVISION STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THIS App. Telcovision DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OR SCREENINGS OF ITS USERS. telcovision ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS BUT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. YOU REPRESENT THAT YOU HAVE NEVER BEEN CONVICTED OF A FELONY AND THAT YOU ARE NOT REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENT ENTITY.
Your Interactions with Other Members
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT TELCOVISION CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. TELCOVISION ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. TELCOVISION MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. TELCOVISION RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
Telcovision is not responsible for the conduct of any Member. In no event shall Telcovision, its affiliates or its partners be liable (directly or indirectly) for any losses or 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 App or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the App or meet in person, or if you decide to send money to another Member. You understand that Telcovision makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.
Social Conduct – Profile setup and Profile Picture
You are in no way to use foul language, cursing, profanity or any type of language that is deemed improper in your public profile.
PICTURE: The use of a profile picture is prohibiting showing pictures with FULL NUDITY; PARTIAL NUDITY; SHOWING ANY PARTS OF GENITAL (MALE AND FEMALE); SADISTIC PICTURES; DISTURBING PICTURES FOR THE GENERAL PUBLIC. We reserve the right to delete any picture that has such a nature and a notification by email and/or by in-app notification will be sent to the user as a final warning. In case of repetition the account will be suspended without any prior notice.
We will use the email address that is in your profile. If the email address is fake or incorrect or if it bounces back for any reason, we consider that the user was served. It is your own responsibility to provide us with the correct email address to be able to communicate with you as needed.
Billing and Payment
FROGO is free, but if you would like to upgrade to a Premium membership or any other paid features (the “Service”), the following terms Apply.
Telcovision bills you through an online account for use of the Service. You agree to pay Telcovision all charges you subscribe for on the App using this online account. Telcovision may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This paragraph includes any agreements you make on the App when you purchase the Service. You agree to maintain current, complete and accurate information for your billing account at any time you have a subscription. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
(a) Your subscription for the Service will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the Change / Cancel Membership page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
(b) By subscribing, you authorize Telcovision to charge your credit card, debit card or other payment method at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon the renewal of your subscription, if Telcovision does not receive payment, you agree that Telcovision may either terminate or suspend your subscription and continue to attempt to charge your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). If you do not terminate your subscription and/or if you continue to use the Service, you agree that Telcovision is authorized to charge the payment method in your online account. Telcovision may also seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.
(c) When you purchase features on the App for a fee, some purchases grant you an unlimited license to use a feature during a set time period.
(d) You understand and agree that while License Triggers may be described as being “purchased”, “bought”, “redeemed” or “spent”, the License Triggers themselves are not real world or virtual currency and do not refer to any credit balance of real currency or its equivalent. Rather, you receive a limited license to use certain features we offer and the License Triggers are for use only to organize how that license may be used. The purchase and sale of this limited license is a completed transaction upon receipt of your payment and is not refundable regardless of the extent to which you use the license. Your ability to use any License Triggers related a license is effective immediately once they are placed in your Account. If you choose to not use the license to its fullest extent, and let License Triggers expire or allow us to redeem them for you, if applicable, you may do so. Any License Trigger balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead only constitutes a measurement of the extent of your license. We may redeem any unused License Triggers for you promptly after their expiration date if we choose. If you delete your account, we are entitled to redeem all your unused License Triggers on the date of deletion.
(e) The terms of any purchase will be explained on the purchase page on our App, where you will provide your billing information and confirm the particulars of your purchase. If you purchase a license that uses License Triggers, your order will represent an offer to us to purchase a license for the relevant feature(s) which will be accepted by us when we make the License Triggers available in your Account or debit your credit card, whichever comes first, and you can then use the feature(s) immediately. Some purchases will automatically renew. If a purchase that automatically renews involves License Triggers, we will charge your payment method upon the expiration of the license you purchased and the number of License Triggers you originally purchased will be added to your Account to allow you to continue to use the licensed feature(s). Any additional terms of any purchase including an automatic renewal will be explained on the purchase page, which are incorporated herein.
Unique and bona fide profile
You agree to create only one unique profile. In addition, in order to maintain the integrity of the App, by joining, you agree that your use of the App shall be for bona fide relationship-seeking purposes (for example, you may not use the App solely to compile a report of compatible singles in your area, or to write a school research paper). From time to time, we may create test profiles in order to monitor the operation of our services.
Compliance with Law. You represent and warrant that, when using the App and Services, You will obey the law and respect the intellectual property rights of others. Your use of the App and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE APP AND SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS RESTS SOLELY WITH YOU.
2. Trademarks. Telcovision is a trademark or registered trademark of Telcovision other trademarks, service marks, graphics, logos and domain names Appearing on the App may be the trademarks of third-parties. Neither Your use of the App and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the Telcovision Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Telcovision Marks generated as a result of Your use of the App and Services will inure to the benefit of Telcovision, and You agree to assign, and hereby do assign, all such goodwill to Telcovision. You shall not at any time, nor shall You assist others to, challenge Telcovision.’s right, title, or interest in or to, or the validity of, the Telcovision Marks.
3. Copyrighted Materials; Copyright Notice. All content and other materials, with the exception of User Content, available through the App and Services, including without limitation the Telcovision logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Telcovision or are the property of Telcovision’s licensors and suppliers. Except as explicitly provided, neither Your use of the App and Services nor this Agreement grant You any right, title or interest in or to any such materials.
4. DMCA Policy. As Telcovision asks others to respect Telcovision’s intellectual property rights, Telcovision respects the intellectual property rights of others. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Telcovision to delete, edit, or disable the material in question, you must provide Telcovision with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed 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 Telcovision to locate the material;
(d) information reasonably sufficient to permit Telcovision to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) 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
(f) 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. For this notification to be effective, you must provide it to Telcovision:
You should receive an acknowledgement back from Telcovision Group so that your claim will be deemed officially received. We will do our best to respond within 24 hours.
This App may contain links to other Apps that are not operated or controlled by Telcovision. Use of these links to access other Internet sites is at your own risk. Telcovision is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. Telcovision establishes links to other Apps for the convenience of its users; however, such links are not intended to be an endorsement of the other App.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TELCOVISION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) TELCOVISION MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TELCOVISION OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. TELCOVISION DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, TELCOVISION SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
Commercial use prohibited
The App is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the App for any purpose. Illegal and/or unauthorized uses of the App, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the App, or unauthorized framing may be investigated and Appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the App is with our permission, which may be revoked at any time, for any reason, in our sole discretion.
(a) By Telcovision. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, CDFF RESERVES THE RIGHT TO, IN CDFF’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE APP AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b) Automatic Termination Upon Breach By You. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by Telcovision.
(c) By You. You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to Telcovision notice of Your intention to do so, in the manner required by this Agreement.
(d) Effect of Termination. Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the App and Services. Upon termination, Telcovision may, but has no obligation to, in Telcovision’s sole discretion, delete from Telcovision’s systems all User Content, Your Personal Information and any other files or information that You made available to Telcovision or that otherwise relate to Your use of the App or Services. Subsequent to termination, Telcovision reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the App and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider.
(e) Legal Action. If Telcovision, in Telcovision’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, Telcovision will be entitled to recover from You as part of such legal action, and You agree to pay, Telcovision’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The Telcovision Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TELCOVISION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TELCOVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
You agree and consent to receive email messages and in App messages from us. These emails and messages may be transactional or relationship communications relating to the App, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
Indemnity by Registered User
You agree to indemnify and hold Telcovision, its subsidiaries, affiliates, officers, directors, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s 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.
Arbitration and Governing Law
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the App shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Telcovision in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Telcovision any class action, class arbitration, or other representative action or proceeding.
By using the App or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Telcovision (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Telcovision (except for small-claims court actions) may be commenced only in the federal or state courts located in the state of California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Special State Terms
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: firstname.lastname@example.org or email@example.com. Please include your username and email address in any correspondence or your refund may be delayed. If you cancel, Telcovision will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing Telcovision notice at the same address as listed above.
This Agreement contains the entire agreement between you and Telcovision regarding the use of the App and/or the Service. Unless otherwise explicitly stated, the terms will survive termination of your registration to the Service.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.