Feelic Terms of Service
These Terms of Service ("Terms") govern your access to and use of Feelic, including any Feelic mobile applications and websites (the " Services"), and any information, text, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You must be at least 13 years old to use the Service.
You may not post violent, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive text or photos or other content via the Service.
You are responsible for safeguarding the password or credentials that you use to access the Services
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license any account rights without explicit written authroization from Feelic.
The form and nature of the Services that Feelic provides may change from time to time without prior notice to you.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We do not guarantee the reliability of any Content posted via the Services or endorse any opinions expressed via the Services.
Feelic is currently ad-free but in consideration for Feelic granting you access to and use of the Services, you agree that Feelic and its parent, third party providers and partners may place advertising on the Services at any given time in the future.
You retain your rights to any Content you post on or through the Services. In order to make the Services available to you and other users, Feelic needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods.
Feelic gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Feelic as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Feelic, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Feelic and its licensors. The Services are protected by copyright, trademark, and other international laws.
We respect the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. We reserve the right to terminate a user's account if the user is determined to be a repeat infringer and to remove Content alleged to be infringing without prior notice.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for those links.
Ending These Terms
The Terms will continue to apply until terminated by either you or Feelic as follows.
You may end your legal agreement with Feelic at any time for any reason by deleting your accounts and discontinuing your use of the Services.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FEELIC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FEELIC ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FEELIC, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE FEELIC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
A. Waiver and Severability
The failure of Feelic to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Entire Agreement
Effective: September 15, 2014