Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Floating Head Studios, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your FriendOrFollow.com Account and Site. If you login or create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Floating Head Studios may change or remove any account that it considers inappropriate or unlawful, or otherwise likely to cause Floating Head Studios liability. You must immediately notify Floating Head Studios of any unauthorized uses of your account, or any other breaches of security. Floating Head Studios will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Follow Churn. Repeatedly following and unfollowing a large number of Twitter users using FriendOrFollow.com is strictly prohibited. Such activity is likely to get your Twitter.com account suspended or terminated by Twitter, Inc. Floating Head Studios will not be held liable for your account being suspended or terminated by Twitter, Inc. Floating Head Studios reserves the right to suspend or terminate any acount suspected of Follow Churn.
- Accidental Unfollows/Follows. FriendOrFollow strives to display accurate data, however Floating Head Studios will not be held liable for accidental unfollows or follows due to incorrect data results, or any other reason. You are responsible for verifing you're are unfollowing or following the correct users.
- Payment and Renewal.
- General Terms.
Optional paid services such as Pro accounts are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Floating Head Studios the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable. Floating Head Studios reserves the right to change the payment terms.
- Automatic Renewal.
Unless you notify Floating Head Studios before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the "My Account" section of your account.
- General Terms.
- Responsibility of Website Visitors. Floating Head Studios has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Floating Head Studios does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Floating Head Studios disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FriendOrFollow.com links, and that link to FriendOrFollow.com. Floating Head Studios does not have any control over those non-FriendOrFollow.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-FriendOrFollow.com website or webpage, Floating Head Studios does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Floating Head Studios disclaims any responsibility for any harm resulting from your use of non-FriendOrFollow.com websites and webpages.
- Intellectual Property. This Agreement does not transfer from Floating Head Studios to you any Floating Head Studios or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Floating Head Studios. Floating Head Studios, FriendOrFollow.com, the FriendOrFollow.com logo, and all other trademarks, service marks, graphics and logos used in connection with FriendOrFollow.com, or the Website are trademarks or registered trademarks of Floating Head Studios or Floating Head Studios’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Floating Head Studios or third-party trademarks.
- Association With Twitter. FriendOrFollow.com is not affiliated with Twitter, Inc. (twitter.com) and does not claim ownership of the Twitter trademark.
- Advertisements. Floating Head Studios reserves the right to display advertisements on your account unless you have purchased an Ad-free Upgrade.
- Changes. Floating Head Studios reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Floating Head Studios may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Floating Head Studios may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FriendOrFollow.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Pro Services account, such account can only be terminated by Floating Head Studios if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Floating Head Studios’s notice to you thereof; provided that, Floating Head Studios can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Floating Head Studios and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Floating Head Studios nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you follow and unfollow Twitter users, download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Floating Head Studios, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Floating Head Studios under this agreement during the twelve (12) month period prior to the cause of action. Floating Head Studios shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Floating Head Studios, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Floating Head Studios and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Floating Head Studios, or by the posting by Floating Head Studios of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Floating Head Studios may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.