Terms of Service
Last update: 2011-09-16 05:43:43

SPECIAL NOTE FOR PEOPLE UNDER EIGHTEEN (18) YEARS OF AGE:
If you are under eighteen, you must have your parent or guardian review and agree to this Agreement on your behalf.
Users under thirteen (13) may not use the Service

FriendsChip reserves the right to change this Agreement from time to time, for any reason, which changes FriendsChip may provide to you by any reasonable means, including without limitation by posting the new version of this Agreement on the Service. We encourage you to

bookmark this page and to periodically review it to ensure familiarity with the most current version of this Agreement. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement.

When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference into this Agreement.



Our Relationship With You
FriendsChip helps you send payments to and accept payments from third parties across social networks. We do not guarantee the identity of any User or ensure that a User will complete a transaction.

Intellectual Property
The FriendsChip logo, “friendschip.com” are trademarks of Friendschip Inc. And all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of FriendsChip or the owner of such trademark, service mark or trade name.

Identity Authentication.
You authorize FriendsChip directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your Information against third party databases or through other sources.

Notice
FriendsChip may provide you with notices and communications by email, regular mail or postings on the FriendsChip website or by any other reasonable means. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice indicating the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent.

Assignment
You may not transfer or assign any rights or obligations you have under this Agreement without FriendsChip’s prior written consent. FriendsChip reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

Credit or Debit Card Processing.
FriendsChip will process your debit card funded transactions through either the ATM debit network or the Visa/MasterCard network. Once a card has been authorized, it goes through Risk Review. If the payment goes to Extended Review, it may take longer to process, but you will be contacted and informed of this promptly. Upon successful completion of the Risk Review or Extended Review, the card will be charged for the amount of the payment and the recipient’s Prepaid Account is promptly credited.

Adding Credit Cards, Debit Cards and Bank Accounts to your Profile
You can link most credit cards, debit cards and checking accounts to your User Profile. Linking an eligible credit card, debit card or checking account (a "Gifting Source") allows you to use the FriendsChip Services (1) to make payments with a Gifting Source, (2) to transfer funds from an Account to a Gifting Source, or (3) to receive funds that are sent to you by an Account. Eligible credit cards and debit cards can be used as a Gifting Source.

FriendsChip does not have liability for your credit cards, debit cards or checking accounts.

All payments are in U.S. dollars. FriendsChip reserves the right to refuse payments from you, or payments to any or all of your recipients for any reason, including your failure to provide FriendsChip with adequate or accurate identity verification information.

FriendsChip may set limits on the type, amount, and frequency of requests. Once you reach a particular limit, your ability to make additional requests may be suspended. FriendsChip may increase applicable limits in its discretion as you continue to use the FriendsChip Services. The limits are for the protection of our users. When you link a Gifting Source with FriendsChip, you are affirming that you have all necessary right and authority to obtain funds from it. Each time you initiate or accept a payment using the FriendsChip Service you also are providing your authorization for FriendsChip to debit or credit the accounts involved to complete the payment, to correct any errors in the payment and to resubmit any payment that is rejected by the financial institution that holds the Gifting Source. All payments must comply with U.S. law.

Payments
Once you send a payment, you may not change or cancel that payment. FRIENDSCHIP IS NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS BETWEEN YOU AND ANY OTHER PARTY TO A PAYMENT. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PERSON/PARTY, AND AGREE NOT TO INVOLVE FRIENDSCHIP IN SUCH DISPUTES.

Merchant Processing Delay
Payments made from a Bank Account or Credit or Debit Card may not be available immediately. These payments, along with affected balances, will appear as "Pending" until they are available.

Similarly, due to the nature of the ACH network, it make take several business days before you receive the funds you withdraw to a Bank Account, though FriendsChip instructs your bank to credit your account at the soonest possible time.

Negative Balances
If the Balance in your Account is negative due to reversals or other causes, you hereby authorize FriendsChip to obtain funds to correct a negative Balance by deducting amounts you owe Friendschip from money you receive into your Account, or money you attempt to withdraw or send from your Account.

Refused and Refunded Transactions
When you send money, the recipient is not required to accept it. You agree that you will not hold FriendsChip liable for any damages resulting from a recipient’s decision not to accept a payment made through the Service. We will return any unclaimed, refunded or denied payment within 30 Days of the date you initiate payment. If a payment is unclaimed, denied or refunded for any reason, we will return the money to your Balance or to the original Gifting source.

Account Receiving Limit
There is no monthly receiving limit.

Extended Review Process
Extended review is a process by which FriendsChip reviews certain potentially high-risk transactions. If a payment is subject to Extended Review, FriendsChip will place a hold on the payment and provide notice to the sender. FriendsChip will conduct a review and either clear or cancel the payment. If the payment is cleared, FriendsChip will provide notice to the sender. Otherwise, FriendsChip will cancel the payment and the funds will be returned to the sender. FriendsChip will provide notices to you by email and/or in the Transaction History tab of your FriendsChip account.

Chargebacks
Chargebacks are prohibited. Payments sent are irreversible (See “Payments” above)

Fees for Sending and Receiving Money.
A small service fee of $0.45 may apply per transaction to receive

Unauthorized Transactions
If you believe your password has been lost or stolen, email FriendsChip IMMEDIATELY at support@friendschip.com.

Also, if your Account history shows unauthorized transactions, email FriendsChip immediately. If you do not tell FriendsChip within 90 days of this activity, FriendsChip will not be obligated to reverse any transactions.

How to Close Your Account
You may close your Account at any time by logging in to your Account, clicking on the “Account Settings” tab, clicking on the “Close Account” link, and then following the instructions. Upon Account closure, we will cancel any pending transactions and you will forfeit any outstanding Balances. Unless otherwise legally prohibited, you must withdraw your Balance prior to closing your Account. This action cannot be undone.

Restraint on Closing Your Account
You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect FriendsChip or a third party against the risk of Reversals, penalties, claims, fees, and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.

Restricted Activities

The following uses are prohibited by the FriendsChip Terms of Service. Any Account found to be created for the following uses will be closed.

  • Using the FriendsChip service while impersonating any person or entity, falsely claiming an affiliation with any person or entity.
  • Using the FriendsChip service to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, and petitions for signature.
  • Using the FriendsChip Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy.
  • Using the FriendsChip service to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about Users, Registered Recipients, or third parties without their consent.
  • Using the FriendsChip services to collect alimony payments, child support payments or any other payments relating to a court settlement.
  • Using the FriendsChip service to collect legal fees.
  • Using the FriendsChip services in order to act as a private banking institution.
  • Using the FriendsChip Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the FriendsChip Service in an automated manner.
  • Using FriendsChip to intentionally interfere with User's or Registered Recipient's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
  • Using FriendsChip that in any way assists you in violating any law, statute or ordinance.
  • Using FriendsChip to send or receive what FriendsChip reasonably believes to be potentially fraudulent funds.
  • Using Your Account or the FriendsChip Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to FriendsChip, a User, a third party or you.
  • Using Your Account or the FriendsChip Services in a manner that FriendsChip or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
  • Using FriendsChip to provide yourself with a cash advance from your credit card (or help others to do so).
  • Using FriendsChip as a means of transfer between bank accounts held in the same name.
  • Using the FriendsChip services to collect or contribute money for something that may be deemed harmful, false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or racially or ethnically offensive.
  • Using FriendsChip to control an Account that is linked to another Account that has engaged in any of the foregoing activities. FriendsChip may use evidence other than your Account information to determine whether you control an Account in someone else's name, including but not limited to Internet Protocol addresses, common business names, phone numbers, and mailing addresses.
  • Using FriendsChip to collect payments that support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs.
  • Using FriendsChip to sell:
  • items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
  • items that encourage, promote, facilitate or instruct others to engage in illegal activity;
  • items that may be counterfeit including but not limited to: designer handbags, clothing and accessories and consumer electronics;
  • items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
  • items that require a license, resellers permit or franchise agreement to sell;
  • items that promote, support or glorify acts of violence or harm towards self or others;
  • drugs, alcohol or drug paraphernalia;
  • live animals;
  • real estate or motor vehicles;
  • digital goods;
  • items that are obscene or pornographic

Restricted Activity Violations
If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect FriendsChip, a User, a third party, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following: We may close, suspend, or limit your access to your Account or the Services (such as limiting access to any of your Gifting Sources, and your ability to send money or make withdrawals)

We may contact recipients who have received payments from you, contact your bank or credit card issuer, and warn other Users, law enforcement, or impacted third parties of your actions;

We may update inaccurate Information you provided us;

We may refuse to provide our Services to you in the future;

We may hold your funds for up to 180 Days if reasonably needed to protect against the risk of liability; and We may take legal action against you.

FriendsChip, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.

Termination of Service, or Limited Account Access.
If we close your Account or terminate your use of our Services for any reason, we will provide you with notice of our actions. If we limit access to your Account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate.

Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in Harris County, Houston, Texas.

Dispute with FriendsChip
If a dispute arises between you and FriendsChip, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and FriendsChip regarding our Services may be reported by emailing us

Arbitration.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Severability
If any provision of this Agreement or any Guidelines is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Waiver
The failure of FriendsChip to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by FriendsChip.

Survival
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

FriendsChip Storefront.
FriendsChip Storefront is part of the FriendsChip website that features vendors offers and enables product search. FriendsChip does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content on FriendsChip Storefront is accurate, complete, reliable or current. FriendsChip Storefront is provided for informational purposes only and does not constitute an endorsement by FriendsChip of any product, service or vendor.

Limitations of Liability.
IN NO EVENT SHALL WE, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

Indemnification
You agree to defend, indemnify and hold FriendsChip, its parent, officers, directors and employees harmless from any claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.