Terms of use - US

Terms of Use (US)

Last Modified: 14/11/2023

Intro

Welcome to Feeld, a [dating app for the curious]. These terms of use (the “Terms of Use”) tell you the terms on which you may use the Feeld website at https://feeld.co/ (the “Website”), the Feeld app (the “App”) and the products, services and content available from them. They also apply to any purchases you make on our Webite or App. In these Terms we refer collectively to the Site, the App and the content, products and services available from them as “Feeld”.

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Feeld. Through our Website or App and the products, services, and content available from them. The conditions also apply to purchases made on our Site or App.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to Feeld, including any content, functionality, and services offered on or through the Website or App, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use Feeld. By using Feeld or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [LINK], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Feeld.

Feeld is offered and available to users who 18 years of age or older. By using Feeld, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements including device requirements for mobile devices found here [link]. If you do not meet all of these requirements, you must not access or use Feeld.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Feeld thereafter. We will notify you at least 30 days prior through our app or via email.

Your continued use of Feeld following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing Feeld and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Feeld, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Feeld is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Feeld, or the entire Feeld services, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to Feeld.
Ensuring that all persons who access Feeld through your internet connection are aware of these Terms of Use and comply with them.

To access the Feeld or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Feeld that all the information you provide on Feeld is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on Feeld, is governed by our Privacy Policy [LINK], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

Feeld and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use Feeld for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Feeld.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of Feeld or any services or materials available through Feeld.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Feeld in breach of the Terms of Use, your right to use Feeld will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to Feeld or any content on Feeld is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of Feeld not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms Feeld, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use Feeld only for lawful purposes and in accordance with these Terms of Use.

You agree to:

Follow our Community Guidelines
Insure that any information you post complies with all applicable laws, including privacy laws, pornography and obscene publications laws, intellectual property laws, anti-spam laws, and regulatory requirements.
Always provide accurate information to us and keep it updated
use a legitimate third party account to sign up, including using your real name; or use a legitimate email account to sign up, and a real mobile phone number;
Not use terms in your descriptions / profile that are offensive, obscene, pornographic, indecent, malicious, threatening, abusive, depicting harm to humans or animals, defamatory or otherwise unlawful; and
Use Feeld in a responsible manner.

You agree not to use Feeld:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Feeld, or which, as determined by us, may harm the Company or users of Feeld, or expose them to liability.

Additionally, you agree not to:

Use Feeld in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of Feeld, including their ability to engage in real time activities through Feeld.
Use any robot, spider, or other automatic device, process, or means to access Feeld for any purpose, including monitoring or copying any of the material on Feeld.
Use any manual process to monitor or copy any of the material on Feeld, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Feeld.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Feeld, the server on which Feeld is stored, or any server, computer, or database connected to Feeld.
Attack Feeld via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of Feeld.
Add information that is not intended for, or inaccurate for, a designated field.
Misrepresent your affiliations with a person or entity, past or present.
Use any Content in any manner that may infringe any of our rights or the rights of a third party.
Misrepresent your identity, including but not limited to the use of a pseudonym on your third-party account.
Create an Account for anyone other than yourself (a real person).
Use or attempt to use another member’s Account.
harass, abuse or harm another person.

User Contributions

Feeld may contain bios, profiles, chats, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through Feeld.

All User Contributions must comply with the Content Standards set out in these Terms of Use and the Community Guidelines.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on Feeld, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material [for any purpose/according to your account settings].

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use and Community Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of Feeld.

You can remove User Content by specifically deleting it. You should know that in certain instances, some of Your Content may not be completely removed and copies of User Content may continue to exist on Feeld even after you’ve deleted it.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Feeld or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Feeld.
Terminate or suspend your access to all or part of Feeld for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Feeld. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS]FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY [THE COMPANY/ANY OF THE FOREGOING PARTIES] DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER [THE COMPANY/SUCH PARTIES] OR LAW ENFORCEMENT AUTHORITIES.

However, we reserve the right to review material before it is posted on Feeld, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Violate our Community Guidelines [Link]
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [LINK].
Deceive any person.
Promote any illegal activity, or incite, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy [LINK TO COPYRIGHT POLICY] for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through Feeld is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Feeld, or by anyone who may be informed of any of its contents.

This Website [may include/includes] content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to Services

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on Feeld may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to Feeld

All information we collect on this Website is subject to our Privacy Policy [LINK]. By using Feeld, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

We may make products and services available through Feeld for a fee (a “Feeld Product”). They may be available as a one-off purchase or on a subscription-basis.

Order process. To make a purchase, you must click on the [Purchase] button to place an order. Confirmation that your order has been successfully submitted does not mean that your order has been accepted by us. Your order is an offer to buy the Feeld Product on these Terms. Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract for the purchase is formed between you and us on these Terms.

Rejecting your order. If we do not accept your order, for example because we have been unable to take payment, the Feeld Product is unavailable, you are under 18 or there has been a mistake regarding the pricing or description of the Feeld Product, we will email you and provide you with a refund if payment has already been taken. We have the right to reject any order for any reason.

Prices. Prices for Feeld Products will be set out on our Site and App. All prices are in dollars for members in the United States Union. Prices may change at any time. Such changes will not affect existing orders unless there is a pricing error (see paragraph above).

By purchasing a subscription, you authorise us to take recurring payments from your card. Your subscription continues until cancelled by you or we terminate your access to or use of Feeld or your subscription in accordance with these Terms. We will remind you that your subscription is coming up to renewal on or around 3 days before the renewal date. The reminder will also contain details of the price payable for the renewal. You will then have until the date of your renewal to cancel your subscription in order to stop it renewing.

Cancelling a subscription. You may cancel your subscription at any time, but please note that cancellation will only take effect at the end of the then-current subscription period and you will receive a refund for the subscription fee paid for that period for the unused amount of the subscription. To cancel, you can send an email to [email protected] and you also must cancel your subscription in the settings of the App.

Additional terms and conditions may also apply to specific portions, services, or features of Feeld. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to Feeld and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us ,and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

Feeld from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from Feeld

If Feeld contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Feeld will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF FEELD OR ANY SERVICES OR ITEMS OBTAINED THROUGH FEELD OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF FEELD, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH FEELD IS AT YOUR OWN RISK. FEELD, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH FEELD ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF FEELD. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT FEELD, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH FEELD WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT FEELD OR ANY SERVICES OR ITEMS OBTAINED THROUGH FEELD WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, FEELD, ANY WEBSITES LINKED TO IT, ANY CONTENT ON FEELD OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of Feeld, including, but not limited to, your User Contributions, any use of Feeld's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from Feeld.

Governing Law and Jurisdiction

All matters relating to Feeld and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or Feeld shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of [RELEVANT COUNTY]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of Feeld, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR FEELD MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and Community Guidelines [link] constitute the sole and entire agreement between you and Feeld regarding Feeld and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Feeld.

Your Comments and Concerns

This website is operated by Feeld:

James Watson House Montgomery Way, Rosehill Industrial Estate, Carlisle, England, CA1 2UU.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy [LINK TO COPYRIGHT POLICY] in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to Feeld should be directed to: [email protected]