1.1 This Agreement is a legal document which sets out your rights and obligations, and those of Extrafriends (UK) Limited, a company registered in England under registration no. 08479875 (“Extrafriends”, “we” or “us”), in relation to the Extrafriends website (the “Site”) and the services offered by Extrafriends through it (the “Extrafriends Service”)
1.3 You must take the time to read and understand this Agreement before registering for the Extrafriends Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. If you are a visitor to the Site and do not register, you similarly affirm that you are bound by this Agreement each time you access the Site. Please note that you are also responsible for ensuring that all persons who access the Site and Extrafriends Service through your internet connection are aware of, and abide by, the terms of this Agreement.
1.4 Extrafriends reserves the right to change this Agreement from time to time, and post the new version of this Agreement on the Extrafriends Service (“New Agreement”). When we do so, we will notify you of the fact that there are changed terms on the main screen of the Site at www.extrfriends.co.uk and post a link to the New Agreement there. This Agreement, and any new version of it in the future, takes effect immediately. Your continued use of the Extrafriends Service after Extrafriends posts any New Agreement constitutes your acceptance of the terms of the New Agreement. If you do not agree to be bound by the terms of the New Agreement, do not continue to use or access the Extrafriends Service.
2. Accessing the Extrafriends Service
2.1 To use the Extrafriends Service, you must be at least 18 years of age. By using the Extrafriends Service, you represent and warrant that you are 18 years or older. Any use of the Extrafriends Service by anyone under the age of 18 is strictly prohibited and is in violation of this Agreement.
2.2 Please note that we are not an internet service provider. In order to avail yourself of the Extrafriends Service, you must have internet access and all the software (and skills) required for email and web usage.
2.3 The Site and the Extrafriends Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any omission, interruption, error, delay, deletion, or defect in operation of the Site or Extrafriends Service. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players resulting from or in connection with any technical problems or traffic congestion on the Internet, including injury or damage to your or to any other person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Extrafriends Service or any Platform Applications (defined in clause 11.2 below).
3.1 In consideration of your use of the Extrafriends Service, you undertake to:-
(a) register for the Extrafriends Service using true, accurate and current information about yourself – including your correct name, address and any other requested details (“Your Details”);
(b) maintain the accuracy of Your Details by promptly notify us when there is a change to Your Details by making the necessary amendments to “Your Details” on your “My Profile” page. It is particularly important that the email address we hold for you is kept up-to-date and that you have full access to it as we will be sending you important messages to your email address;
(c) maintain at all times the confidentiality of your password and not disclose your password to any third party. Please note that for security or other reasons, we may require you to change your password or other information which facilitates access to the Extrafriends Service;
(d) be responsible for the use of your Member account including all actions that take place using your account; and
(e) notify us immediately if you suspect there has been unauthorised use of your Member account.
3.2 Users who are eligible to register and are registered in accordance with the terms of this Agreement on the Extrafriends Service are known as “Members”.
3.3 As part of the registration process for the Extrafriends Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
4. Intellectual Property Rights
4.1 We do not claim ownership rights in the content, information, pictures, images, sounds, videos, graphics, software, files, or any item whatsoever that you or any other Member posts on the Site or otherwise makes available or accessible to other Members or users of the Site and Extrafriends Service (“Content”). If you post Content in accordance with the terms of this Agreement, you will retain all intellectual property rights in that Content subject to the licence granted by you to us pursuant to clause 4.2 below;
4.2 By submitting Content, you:
(a) are representing and warranting that:-
(i) you are fully entitled to do so;
(ii) you are the sole owner of the Content or are otherwise authorised by the owner of the Content to post the Content on the Extrafriends Service;
(iii) the posting of the Content on the Extrafriends Service will not violate the rights (including intellectual property rights) of any third party or any applicable laws, whether criminal, tortious or otherwise;
(iv) the Content will comply with this Agreement, including the Extrafriends Acceptable Use Policy;
(b) grant us and our affiliates a non-exclusive, royalty-free, sublicensable, non-terminable, worldwide licence to copy, modify, distribute, show in public and create derivative works from the Content in any form, for any purpose, anywhere; and
(c) authorise us to adapt the Content at our discretion, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the Content in question.
4.3 You agree to pay for all fees, royalties or any other payments owing to any third party by reason of your posting of the Content.
4.4 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Extrafriends Service and Site (including but not limited to the Extrafriends designs, text, graphics, pictures, information, applications, software and other files, and their selection and arrangement), save in respect of the Content, are owned by us and/or our licensors (the “Extrafriends Material”). It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, you may not copy, distribute, show in public or create any derivative work from or use the Extrafriends Material, or any other material which is found on the Extrafriends Service unless strictly in accordance with the licence granted to you in clause 4.5.
4.5 Provided you are eligible to use the Extrafriends Service as a Member, you are granted a limited licence to download or print a copy of the Extrafriends Material solely for your own personal, non-commercial use provided that you acknowledge that the copied material is the property of Extrafriends. You must not modify, distribute, republish, display, post, transmit, sell, or incorporate into other databases or compilations the copies of the Extrafriends Material you have made, in whole or in part. If you use the Extrafriends Material in breach of this limited licence, this limited licence will immediately terminate, your right to use the Extrafriends Service will cease immediately and you must return or destroy any copies of the Extrafriends Material you have made.
5. Trade Marks
Extrafriends and its accompanying logo are registered trademarks in the United Kingdom and elsewhere around the world (the “Extrafriends Trade Mark”). You must not copy or otherwise use the Extrafriends Trade Mark without the prior written approval of Extrafriends.
6. Member Conduct and Termination
6.1 You agree to use the Extrafriends Service only for your personal non-commercial use.
6.2 The Extrafriends Service is intended to be used by its Members for the purposes referred to in this Agreement. Accordingly, you must not use the Extrafriends Service or the Site generally in an unlawful manner or in a manner that breaches this Agreement (including the Extrafriends Acceptable Use Policy).
6.3 Without prejudice to the generality of clause 6.4(a) below, if you breach any clause of this Agreement we may terminate your Membership with or without notice to you.
6.4 We reserve the right in our sole discretion:
(a) to suspend or terminate your or any Member’s access to the Extrafriends Service, or parts of it; and/or
(b) to remove, or require you or any other Member to remove Content, if you or the relevant Member or Content appears to us, or to a complainant, to be in breach of any provision of this Agreement.
6.5 If your access has been suspended or terminated you must not re-register for, or re-access, the Extrafriends Service without our prior consent.
6.6 You are responsible for everything which is done on or through the Extrafriends Service while your Membership account is logged on to the Extrafriends Service, or through your email address(es).
6.7 Where we reserve a right in this Agreement, it does not mean we are obliged to exercise it. Also, you acknowledge that given the open-access nature of the Extrafriends Service, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under this Agreement.
7. Creating a Member Account
7.1 You may create, manage, operate and maintain your Member account by:-
(a) finding and adding friends from your email address book;
(b) requesting to add other Members as friends and accepting friend requests from other Members;
(c) managing the privacy of your profile page by classifying your friends as “Friends and Family” or “Acquaintances”;
(d) posting your name, profile notes, photos, videos, messages, material and commentary on your profile page;
(e) accessing the profile pages of your friends;
(f) posting comments and buzzes on your friends’ Member profile pages;
(g) receiving emailed messages, which will be stored in your Extrafriends inbox. Notification of receiving a message will be sent to the email address contained in Members’ “My account” page;
(h) opening and reading messages received into your Extrafriends inbox;
(i) sending emails to other Members;
(j) constructing a timeline of your life and linking your timeline to the timelines of your friends; and
(k) posting updates of your activities on your profile homepage or profile newsflash section.
7.2 The above list of functions is not exhaustive and there may be additional functions available on the Extrafriends Service. Extrafriends does not represent that the functions listed will always be available and reserves the right to remove functions in its sole discretion at any time.
7.3 From time to time, Extrafriends or its affiliates may offer new or additional services through the Extrafriends Service. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.
8. Joining a Place
8.1 A “Place Page” is a publicly available place on the Site dedicated to an organisation, school club, workplace, team, street, award, armed forces or interest group (“Place”). You may join a Place Page for a Place in which you have an interest, provided however that you may only join the Place Page of a Place to which you belong, or once belonged, at the relevant time. For example, you should not join the Place Page for the 1992 class of Blackwood High School unless you left Blackwood High School in 1992.
8.2 Once you have joined a Place Page, you become a Place Member and:-
(a) may post your name, profile notes, photos, videos, messages and material on the Place Page;
(b) an update notification is sent to all other Place Members of that Place Page notifying them of your joining;
(c) may receive by email a notification when a new person has registered on a Place Page. Please note each email will give the Place Member an opportunity to opt-out of receiving future emails of that type;
(d) may send and receive emails from other Place Members; and
(e) may become a “Reunion Organiser”. Please note that there is a fee for this service of £10 per reunion and in consideration of this fee, Reunion Organisers will be given access to a group email feature and reunion message board. If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.
9. Your Privacy
9.2 You have the ability to control which other Members have greater access to your Member profile page than others. Any Member can view the elements of your Member profile pages that you do not select to be accessible only by “Friends and Family” contacts as explained further in the clauses below (“Standard Access”).;
9.3 Where you wish to add or accept another Member as your friend and want that Member to have the highest level of access to your profile page (save for your inbox and sent items), designate that Member as a “Friends and Family” contact in the settings when you add them as a friend or accept their friend request;
9.4 It is open to you at any time to delete your Friends and Family contacts, in which case those Members will immediately have no more than Standard Access to your Member Profile Page.
10. Alerting Us and Removal of Content
10.1 You acknowledge that we are not and cannot be responsible for the Content or behaviour of other Members – whether on the Extrafriends Service or outside of it. We only provide a venue where the Extrafriends Service may be accessed.
10.2 If you see anything on the Extrafriends Service which appears to breach any clause of this Agreement, then please contact us to inform us of it by using the “Report” function, or by emailing us at firstname.lastname@example.org
10.3 You acknowledge that we do not monitor or approve Content, and so we are reliant upon users to point out any which breaches this Agreement. Although we provide rules for Members’ conduct and Content postings, we do not approve or control and are not responsible for what Members post, transmit or share on the Site and are not responsible for any inappropriate, obscene, offensive, unlawful or otherwise objectionable Content you may come across on the Site or in connection with any third party Platform Applications, software or Content.
10.4 You acknowledge that we may delete or remove any Content, or move any Content from a place on the Site which all Members can access to a place that is only accessible by your Friends and Family contacts, without notice and in our sole discretion, for any reason, including Content that we decide in our sole discretion breaches this Agreement including the Extrafriends Acceptable Use Policy, or which might be inconsistent with the Extrafriends brand values (which we determine from time to time in our sole discretion) or bring the Extrafriends Service into disrepute. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Site or provide to us.
11. Third Parties
11.1 The Extrafriends Service contains links to third party websites (“Third Party Sites”).We have no control over the content of Third Party Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge that you access and use Third Party Sites from the Extrafriends Service at your own risk.
11.2 From time to time we enter into platform services agreements with third parties. These are agreements that allow third parties to install third party software, content, material or applications on the Extrafriends Service that retrieves data made available by Members and/or to install applications on third party websites that retrieve data made available on third party sites for use by Members on the Extrafriends Service (“Platform Applications”).
11.3 You may elect whether or not to use Platform Applications. When using a Platform Application, the third party provider may require you to agree to its own terms and conditions before proceeding. If you do not wish to be bound by such terms and conditions, do not agree to them and cease your installation of the relevant Platform Application. We accept no responsibility for Platform Applications or for any loss or damage that may arise from your use of them. You acknowledge that you install Platform Applications at your own risk.
12. Disclaimer and Release
12.1 The Site, the Extrafriends Service, any Platform Applications and the Content are provided “as-is” and we disclaim any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Site and/or the Extrafriends Service, and/or any Platform Applications. We do not represent or warrant that software, Content or materials on the Site, the Extrafriends Service, or any Platform Applications are accurate, complete, reliable, current or error-free or that the Site or Extrafriends Service its servers, or any Platform Applications are free of viruses or other harmful components. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the Extrafriends Service and any Platform Applications at your own risk and that you will be solely responsible for your use of them and any damages to your computer system, loss of data or other harm of any kind that may result.
12.2 We accept no responsibility for the truth or accuracy of any material available on the Extrafriends Service and Site, whether provided by Members or others. Content and any other information and material available on the Extrafriends Service and Site is not intended to amount to advice on which anyone should place any reliance. We disclaim all liability arising from any reliance placed by any person (whether or not a Member) on material available on the Extrafriends Service and Site.
12.3 You should exercise no lesser degree of caution in appraising what you see on the Extrafriends Service than you do offline.
12.4 You acknowledge that even though Members are prohibited from doing so, they may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you acknowledge that people may not necessarily be who they say they are.
13. Excluded loss
13.1 In no event will we, or our directors, employees or agents be liable to you or any third party for any direct, indirect, special, consequential, exemplary or incidental loss or damage, or for any loss of data, profit, revenue or business, arising from your use of the Site or the Extrafriends Service, any Platform Applications, or Content, information or other materials on the Site, even if we have been advised of the possibility of such loss or damages.
13.2 We will also not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control.
14. Maximum liability
Without limiting the preceding clause, our aggregate liability under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed one thousand pounds sterling (£1000).
You agree to indemnify and hold Extrafriends and its affiliates harmless from all loss, liabilities, claims, demands and expenses (including reasonable legal fees) made by any third party that may arise from any breach of this Agreement by you or through a machine on which you access the Extrafriends Service or otherwise in relation to any software, Platform Application or Content you post or share on the Site or via the Extrafriends Service.
16.1 We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement.
16.2 You may not without the written consent of Extrafriends assign or dispose of this Agreement or any of your rights or obligations under it.
17. Entire Agreement
17.2 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
20. Keeping this Agreement
We don’t separately file the individual Agreements entered into by members when they register for the Extrafriends Service. You can access it at www.extrfriends.co.uk .
21. Statutory Information
You can contact us by post at 16 Aylmer House, Eastney Street, London, SE10 9NU.