Ifeelgoods

Ifeelgoods Terms of Use

The following terms and conditions (the “Agreement”) govern all use of the “IFeelGoods” application (“Application”). The Application is owned and operated by IFeelGoods, Inc. (“IFeelGoods”). The Application is subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE APPLICATION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

IFeelGoods reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. User's continued use of the Application following the posting of any changes to this Agreement constitutes acceptance of those changes.

This Agreement is void where prohibited by law, and the right to access and use the Application is revoked in such jurisdictions.

1. AGE RESTRICTION.
The Application is available only to individuals who are at least 13 years old. User represents and warrants that if User an individual, User is at least 13 years old, User is of legal age to agree to these terms and conditions or User has his/her parents permission to do so, and that all registration information User submits is accurate and truthful. IFeelGoods may, in its sole discretion, refuse to offer the Application to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Application is revoked in such jurisdictions.

2. LICENSE.
Subject to the terms and conditions of this Agreement, User shall have a non-exclusive, non-transferrable, non-sublicensable to access the Application remotely from User's computer solely for the purposes for which the Application is provided. This license is personal to User and User will not use the Application for any commercial purpose.

3. RESTRICTIONS.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or Application bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, IFeelGoods shall own all title, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof.

User shall not (i) submit false information to the Application, or (ii) use the Application for any purpose that is unlawful or prohibited by this Agreement.

User shall not use the Application on behalf of (or per the request or instruction of) any third party.

In the event User submits any information to the Application, User represents and warrants that User the full right and authority to do so (without any infringement of, or conflict with, the rights of any third party).

4. FACEBOOK CREDITS.
Any Facebook, Inc., credits (“Facebook Credits”) that are supplied to User by IFeelGoods (or any of its merchant partners in connection with IFeelGoods) are subject to: (i) this Agreement, (ii) IFeelGoods' Privacy Policy, (iii) all terms and conditions provided User to by FaceBook, and (iv) any other terms and conditions provided by the applicable IFeelGoods' merchant partner.

To the extent your FaceBook Credits are provided with an expiration date or other temporal limitation, such limitation shall apply. For example, if you receive FaceBook Credits that expire in five (5) days from the date of purchase, such credits will not longer be useable after such period.

IFeelGoods and its merchant partners are not responsible for the acts or omissions of FaceBook, Inc. or any of its partners with respect to FaceBook Credits (e.g. FaceBook voids all FaceBook Credits).

FaceBook Credits have no monetary value and are not redeemable.

IFeelGoods and its merchant partners reserve the right to void or otherwise “take back” Facebook Credits that User received in connection with a merchant partner purchase that User later returned to the merchant partner.

Your use of FaceBook credits is at your own risk.

5. MEMBER DISPUTES.
User is solely responsible for your interactions with other Application users. IFeelGoods reserves the right, but has no obligation, to monitor disputes between User and other Application users. If User has a dispute with one or more users of the Application, User shall and hereby does release IFeelGoods (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

6. INDEMNIFICATION.
User is responsible for all of his/her activity in connection with the Application. User shall defend, indemnify, and hold harmless IFeelGoods, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User's (i) access to or use of any of the Application, or (ii) violation of this Agreement.

7. WARRANTY DISCLAIMERS.
THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IFEELGOODS MAKES NO WARRANTY THAT (I) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE APPLICATION WILL MEET USER'S REQUIREMENTS.

IFEELGOODS MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF FACEBOOK, INC.

THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8. LIMITATION OF LIABILITY.
IN NO EVENT SHALL IFEELGOODS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.), OR (IV) ANY MATTER BEYOND OUR REASONABLE CONTROL (INCLUDING, WITHOUT LIMITATION, THE ACTS OR OMISSIONS OF FACEBOOK, INC.).

FACEBOOK, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR ANY OF THE ACTS OR OMISSIONS OF IFEELGOODS IN CONNECTION HEREWITH.

THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. TERMINATION.
IFeelGoods may terminate User's access to the Application at any time, with or without cause. Upon termination, User will no longer access (or attempt to access) the Application. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.

10. PRIVACY.
IFeelGoods' current Privacy Policy is incorporated by this reference.

11. WALL POSTING AUTHORIZATION.
User hereby authorizes IFeelGoods to make Facebook wall postings on User's Facebook page(s)

12. MISCELLANEOUS.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. IFeelGoods shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond IFeelGoods' reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with IFeelGoods' prior written consent. IFeelGoods may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind IFeelGoods in any respect whatsoever.