As a parent or guardian of a minor, by agreeing to the following terms and conditions of service and by downloading the App, you are giving your express consent to the child under your care using the My Friend FREDDY App.
Thank you for purchasing My Friend Freddy (“Freddy”). We really hope that you enjoy playing with him.
Operating system requirements: The App requires a Google mobile or tablet device with a minimum of 250 MB of memory, Internet access and the Android operating system. The My Friend Freddy App requires users of Android devices to run Android version 4.0,3 or higher.
These Terms are applicable to all services provided by or connected to Freddy, including the App and all updates or supplements to the App unless they come with separate terms, in which case those terms will apply (each a “Service” and, together, the “Services”). If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the provisions of these Terms. We licence use of the App to you on the basis of these Terms and subject to any rules or policies applied by any app store provider (the “Appstore Rules”). We do not sell the App to you. We remain the owners of the App at all times.
WE SUGGEST THAT YOU PLEASE PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.
You may not use our Services for any commercial purposes unless you have our prior written permission. You may not copy, modify, distribute, sell or lease any part of our Services or included platform or software, nor may you reverse engineer or attempt to extract the source code of that platform or software, unless laws prohibit those restrictions or you have our written permission.
It’s important that you follow a few rules when you sign up to using our Services, so please read this part:
We may close your account and suspend or stop providing our Services to you if you do not comply with our Terms or if we are investigating suspected misconduct.
Any and all branding, patents, trade-marks, service marks, logos and content used in our Services that are registered trademarks of Genesis and its subsidiaries are the property of Genesis. By agreeing to these Terms, you acknowledge and agree not to use any trademarks, intellectual property or registered copyright of Genesis and its subsidiaries without the express written consent of Genesis. You also agree that these Terms do not grant you the right to use any and all intellectual property, copyrights and trademarks of Genesis in a manner outside their intended use. You agree not to copy, reproduce, duplicate, reverse engineer, sublicense or disclose any and all Genesis intellectual property, trademarks or copyrights that are contained within Freddy or the App.
Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Services are the trademarks or registered trademarks of their respective owners, and the use of such trademarks shall belong to the trademark owner. The use of all third-party trademarks is done so with the permission of their respective trademark owners. The use of the Trademarks is intended to denote the interoperability and does not constitute (i) an affiliation by Genesis and its Licensors with such company, or (ii) an endorsement or approval of such company by Genesis and its Licensors. Using our Services does not give you ownership of any intellectual property rights in our Services, software or the content (other than content that belongs to you) that you access.
Users agree that Nuance and Google retain all right, title and interest in and to the original and any copies of their respective software(s) that are incorporated in Freddy or the App. You agree not to (a) submit any automated or recorded requests to either Nuance or Google unless approved by Genesis; (b) reproduce, distribute or in any manner duplicate any of the software used in Freddy or the App; access the services of either Nuance or Google or any other software within Freddy in a manner that is outside these Terms ; (c) copy, license, sublicense, distribute, assign, transfer or otherwise grant any right of use of the software of the App or any accompanying software that comes from Google, Nuance or any other third party software provider; (d) modify, port, translate or create derivative works of the software used in the App, including those software programs provided by Google, Nuance, Genesis or any other software programs that are contained within the App; (e) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas or algorithms of any software used in the creation of the App, including but not limited to the software provided by Google and Nuance; (f) remove any proprietary notices, labels or marks from the Freddy software, including but not limited to the Google and Nuance software components of the App; (g) use the Freddy software or its component parts for purposes of comparison with or benchmarking against products or services made available by third parties; or (h) knowingly take any action that would cause any Genesis product or software to be placed in the public domain.
The Software and Services may contain a copy of the Speex codec in executable form. You acknowledge that use of the Speex codec is subject to the conditions and disclaimers listed in revised BSD license found at http://www.xiph.org/licenses/bsd/speex/. © 2002-2003, Jean-Marc Valin/Xiph.Org Foundation.
“Interactive Area(s)” shall mean but is not limited to forums, mailing lists, request information forms, etc. offered as part of the Services including the App and any other forms of group electronic communications which may be made available through the Services including App from time to time.
If you participate in Interactive Areas you are responsible for the posted contents and the consequences related to posting them. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (i) is defamatory, obscene, violates social norms or constitutes harassment or encourages conduct that would constitute a criminal offence, give rise to civil liability or violates any applicable laws; (ii) infringes on the copyright or other proprietary right of any third-party; (iii) would invade the privacy of a person; (iv) contains a virus, worm, Trojan horse, time bomb, or a harmful program or component; or (v) is otherwise unlawful.
You also expressly agree that you will not: (a) after receiving a warning, continue to post material which we have advised you not to post; (b) attempt to gain unauthorized access to restricted areas of our web site, other accounts, computer systems or networks connected to our web site, through password mining or any other means; (c) create a false identity or a forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (d) post, generate or disseminate the so-called “spam” or mass-mailings; (e) harvest or otherwise collect information about others, including email addresses, without their consent.
Genesis is not and shall not be responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. Genesis reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise breaches these Terms.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT AND DO NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. WE ALSO DO NOT ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.
The above provisions, to the extent to which they exclude or limit Genesis’ liability for the failure to perform or duly perform its obligations, will not apply in relation to consumers if they contradict legal regulations in the jurisdiction where the consumer resides.
You can only use the Interactive Areas in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material within the App for any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other users of the Services including the App to join or become members of any commercial online or offline service or other organization is expressly prohibited.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services. Unfortunately, we cannot guarantee that our Services will never be faulty. We provide the Services “as is”. Other than as expressly set out in these Terms, neither Genesis, our subsidiaries, affiliates or our distribution partners make any specific promises about the Services. For example, we do not make any commitments about the content within our Services, the specific functions of our Services or their reliability, availability or ability to meet your needs.
Some states provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
When permitted by law, we have no responsibility to pay you compensation for financial loss, indirect loss, any information which is lost or corrupted, or any loss that could not have been reasonably expected. We will not be liable to you for any losses that you may suffer if you have used our Services for business purposes. To the extent permitted by law, the total liability of Genesis, our subsidiaries, affiliates and distribution partners for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid for Freddy.
We recognise that in some countries, you may have legal rights as a consumer. Please note, however, that we are providing the Services under the laws of the United States. If you are using the Services for a personal purpose, then nothing in these Terms limits any consumers’ legal rights which may not be waived by contract.
The App contains links to outside services and resources. Genesis does not control the availability and content of links. Any concerns regarding any such service or resource, or any link to them, should be directed to such service or resource provider.
Some of the materials in the Services including the App may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are their own and do not necessarily state or reflect those of Genesis.
Any and all information that you provide will remain confidential and may only be disclosed by Genesis and its Licensors, if so required, to meet legal or regulatory requirements, such as under a court order or to a government institution if required or authorized by law, or in the event of a sale, merger or acquisition to another entity by Genesis or its Licensors.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
Sometimes we may choose to ignore it if you break one of our Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.
If any part of these Terms is found to be unenforceable, the remaining part will remain in full force and effect. Sometimes we may not be able to provide you with the Services because of something beyond our reasonable control, which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by government or other competent authority, or industrial disputes. There may be other reasons too.
These Terms make up the entire agreement between us relating to our Services, and override any prior agreements. Please note that these Terms are governed by laws of the State of California. You and we both agree that the courts Los Angeles County, State of California will have exclusive jurisdiction over any and all disputes between you and Genesis.
My Friend Freddy is the property of Genesis Industries Limited. Genesis reserves all rights in connection to My Friend Freddy, the My Friend Freddy Application and all other intellectual property associated with My Friend Freddy, except as otherwise indicated.