Terms of Use
Terms of Use
Welcome to the website of Lollipop™. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
The Feature, Inc. a Delaware corporation doing business as “Feature” (“Feature”, “us” or “we”) owns and operates this website and any other web services or products offered by us now or in the future. By accessing, using, downloading, viewing this website through any of the URLs, the Ethereum blockchain network, one of our smart contracts, API, ERC-721 tokens, NFTs, or any of its services, or Content (defined below) (collectively, the “Site”), you hereby consent and agree to these terms and conditions (“Terms of Use”). The Terms of Use and Privacy Policy (collectively, the “Terms”) govern your use of the Site, use and access of other materials, tools, markets, opportunities and resources provided by the Site, and any other services or Products we make available on this Site (collectively, the “Services”). These Terms constitute a legally binding agreement made by and between Feature and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).
You must accept and abide by these terms as presented to you, and Feature reserves the right to change, add, or remove portions of these Terms of Use at anytime and for any reason. It is your responsibility to check the Terms of Use each time before using the website, and your continued use of the website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the website or Content (defined below).
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND TO FOLLOW ALL APPLICABLE LAWS, THEN PLEASE CEASE ACCESS OR USE OF THE SITE AND SERVICES IMMEDIATELY.
If you have any questions about these Terms, please contact us by email at info@thefeature.io
If you access the Site on a social media network (such as, without limitation, Facebook, Twitter, Instagram, or Pinterest, or any other social media network now in existence or developed in the future), you also consent to and agree to abide by the terms and conditions of that social media network.
Welcome to the website of Lollipop™. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
The Feature, Inc. a Delaware corporation doing business as “Feature” (“Feature”, “us” or “we”) owns and operates this website and any other web services or products offered by us now or in the future. By accessing, using, downloading, viewing this website through any of the URLs, the Ethereum blockchain network, one of our smart contracts, API, ERC-721 tokens, NFTs, or any of its services, or Content (defined below) (collectively, the “Site”), you hereby consent and agree to these terms and conditions (“Terms of Use”). The Terms of Use and Privacy Policy (collectively, the “Terms”) govern your use of the Site, use and access of other materials, tools, markets, opportunities and resources provided by the Site, and any other services or Products we make available on this Site (collectively, the “Services”). These Terms constitute a legally binding agreement made by and between Feature and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).
You must accept and abide by these terms as presented to you, and Feature reserves the right to change, add, or remove portions of these Terms of Use at anytime and for any reason. It is your responsibility to check the Terms of Use each time before using the website, and your continued use of the website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the website or Content (defined below).
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND TO FOLLOW ALL APPLICABLE LAWS, THEN PLEASE CEASE ACCESS OR USE OF THE SITE AND SERVICES IMMEDIATELY.
If you have any questions about these Terms, please contact us by email at info@thefeature.io
If you access the Site on a social media network (such as, without limitation, Facebook, Twitter, Instagram, or Pinterest, or any other social media network now in existence or developed in the future), you also consent to and agree to abide by the terms and conditions of that social media network.
1. Content on Our Site
1. Content on Our Site
Intellectual Property Rights
Intellectual Property Rights
You agree that the Site itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, webinars, training materials, products, services and/or other information and materials, and selection and arrangements thereof is copyrighted work under the United States and other copyright laws, and is the property of Feature, the property of Feature, or property licensed to Feature, made available on the Site or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively the “Content”). All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to Feature or other respective owners that have granted Feature the right to use such Marks. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable, and revocable right to access, view, and use the Site solely for your personal purposes and non-commercial use, and as we otherwise intend. Feature reserves the right to monitor the Services and Content for the purpose of determining that your usage complies with these Terms.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on our Site in whole or in part, other that as necessary for your own personal non-commercial use, without our written consent. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Feature, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
You agree that the Site itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, webinars, training materials, products, services and/or other information and materials, and selection and arrangements thereof is copyrighted work under the United States and other copyright laws, and is the property of Feature, the property of Feature, or property licensed to Feature, made available on the Site or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively the “Content”). All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to Feature or other respective owners that have granted Feature the right to use such Marks. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable, and revocable right to access, view, and use the Site solely for your personal purposes and non-commercial use, and as we otherwise intend. Feature reserves the right to monitor the Services and Content for the purpose of determining that your usage complies with these Terms.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on our Site in whole or in part, other that as necessary for your own personal non-commercial use, without our written consent. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Feature, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
Third-Party Content
Third-Party Content
Our Site contains Content that we create and also Content provided by third parties. We do not monitor, we do not endorse, and we are not liable for any third-party content. There may be some inadvertent accuracies or errors in the content and we do not guarantee the accuracy, integrity, completeness or quality of the content on our Site or located at third party URLs that may be posted on our Site. Feature is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept responsibility for the content of such third-party sites.
Our Site contains Content that we create and also Content provided by third parties. We do not monitor, we do not endorse, and we are not liable for any third-party content. There may be some inadvertent accuracies or errors in the content and we do not guarantee the accuracy, integrity, completeness or quality of the content on our Site or located at third party URLs that may be posted on our Site. Feature is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept responsibility for the content of such third-party sites.
Third-Party Services
Third-Party Services
You may need to use a third-party service to access or in connection with the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Feature or will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy or its failure to adhere to its terms of services or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products. You further acknowledge sole responsibility for complying with any and all terms of use arising from your use of any third-party websites or resources.
You may need to use a third-party service to access or in connection with the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Feature or will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy or its failure to adhere to its terms of services or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products. You further acknowledge sole responsibility for complying with any and all terms of use arising from your use of any third-party websites or resources.
Loss of Rights
Loss of Rights
Feature may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the website.
Feature may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the website.
2. Your Conduct on Our Site
2. Your Conduct on Our Site
Eligibility
Eligibility
To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of Feature’s affiliates, you are not permitted to access the Site.
To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of Feature’s affiliates, you are not permitted to access the Site.
Account Information
Account Information
While we don’t anticipate having accounts on our site, we reserve the right to require creation of an account to use the Site. In such an event, if you create an account, any information that you choose to provide us must be true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including, without limitation, failure to maintain updated and correct information about your account or cause your account to fall out of good standing and we may cancel your account in our sole discretion. When you register with Feature and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Feature.
While we don’t anticipate having accounts on our site, we reserve the right to require creation of an account to use the Site. In such an event, if you create an account, any information that you choose to provide us must be true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including, without limitation, failure to maintain updated and correct information about your account or cause your account to fall out of good standing and we may cancel your account in our sole discretion. When you register with Feature and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Feature.
Third-Party Services
Third-Party Services
You may need to use a third-party service to access or in connection with the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Feature or will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy or its failure to adhere to its terms of services or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products. You further acknowledge sole responsibility for complying with any and all terms of use arising from your use of any third-party websites or resources.
You may need to use a third-party service to access or in connection with the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Feature or will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy or its failure to adhere to its terms of services or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products. You further acknowledge sole responsibility for complying with any and all terms of use arising from your use of any third-party websites or resources.
Feedback
Feedback
If you send comments or suggestions about the Site to Feature, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Feature. No submission shall be subject to any obligation of confidence on the part of Feature. Feature and shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
If you send comments or suggestions about the Site to Feature, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Feature. No submission shall be subject to any obligation of confidence on the part of Feature. Feature and shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
Prohibited Conduct
Prohibited Conduct
You agree not to copy or imitate the appearance, design or style of our Site or any Content. The technology and software underlying our Site and the Services are the property of Feature, our affiliates and/or our business partners. You agree that you will not use our Site or its Content to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Feature or any other person or entity;
Use the Service or Site commercially;
Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
Interfere with or damage the Services, Site, or underlying any technology;
Impersonate or misrepresent your identity or affiliation;
Attempt to obtain unauthorized access to the Services or Site;
Violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms;
Violate any law, rule, or regulation;
Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, Easter eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Site, software or hardware, third party websites or telecommunications equipment;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material; or
Engage in any illegal activities.
Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.
You agree not to copy or imitate the appearance, design or style of our Site or any Content. The technology and software underlying our Site and the Services are the property of Feature, our affiliates and/or our business partners. You agree that you will not use our Site or its Content to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Feature or any other person or entity;
Use the Service or Site commercially;
Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
Interfere with or damage the Services, Site, or underlying any technology;
Impersonate or misrepresent your identity or affiliation;
Attempt to obtain unauthorized access to the Services or Site;
Violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms;
Violate any law, rule, or regulation;
Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, Easter eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Site, software or hardware, third party websites or telecommunications equipment;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material; or
Engage in any illegal activities.
Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.
3. License
3. License
License Grant
License Grant
So long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Services, including any Content, for your personal entertainment purposes, leveraging only the functionality of the Site and Services. We and our licensors reserve all rights not granted to you in these Terms. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, NFTs (see below), and any other content within the Services.
So long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Services, including any Content, for your personal entertainment purposes, leveraging only the functionality of the Site and Services. We and our licensors reserve all rights not granted to you in these Terms. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, NFTs (see below), and any other content within the Services.
User Generated Content
User Generated Content
“User Generated Content” means any Content that you post or otherwise make available while accessing or using the Services (e.g., any text in communications with others, or audio, or any image you use as your profile image or emote, including the art associated with your NFT (see below) contained in any wallet(s) that you connect to the Site). By making any User Generated Content available while accessing or using the Services, you hereby grant to us a non-exclusive, transferable, worldwide, royalty-free, irrevocable, perpetual license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Generated Content in connection with operating and providing the Services to you and to other users of the Services and otherwise as necessary to comply with applicable laws. You are solely responsible for all your User Generated Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Generated Content under these Terms. We may, in our sole discretion, remove, edit, or disable any User Generated Content from the Services at any time and for any reason, including if we determine that the User Generated Content violates these Terms. We do not assume any responsibility or liability for User Generated Content, for removing it, or not removing it or any other Content, whether such liability arises from removing such Content, failing to remove such Content or any other act or omission regarding such Content. We do not pre-screen or review any User Generated Content, and do not approve or endorse any User Generated Content that may be available on the Services or our other services.
“User Generated Content” means any Content that you post or otherwise make available while accessing or using the Services (e.g., any text in communications with others, or audio, or any image you use as your profile image or emote, including the art associated with your NFT (see below) contained in any wallet(s) that you connect to the Site). By making any User Generated Content available while accessing or using the Services, you hereby grant to us a non-exclusive, transferable, worldwide, royalty-free, irrevocable, perpetual license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Generated Content in connection with operating and providing the Services to you and to other users of the Services and otherwise as necessary to comply with applicable laws. You are solely responsible for all your User Generated Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Generated Content under these Terms. We may, in our sole discretion, remove, edit, or disable any User Generated Content from the Services at any time and for any reason, including if we determine that the User Generated Content violates these Terms. We do not assume any responsibility or liability for User Generated Content, for removing it, or not removing it or any other Content, whether such liability arises from removing such Content, failing to remove such Content or any other act or omission regarding such Content. We do not pre-screen or review any User Generated Content, and do not approve or endorse any User Generated Content that may be available on the Services or our other services.
Service Limits Based on Where You Live
Service Limits Based on Where You Live
We may restrict, modify, or limit your access to any or all of the Services, depending on the territory in which you are located. Without limiting the foregoing, the Services may not be available (in whole or in part) where you are located.
We may restrict, modify, or limit your access to any or all of the Services, depending on the territory in which you are located. Without limiting the foregoing, the Services may not be available (in whole or in part) where you are located.
Minimum Requirements
Minimum Requirements
The Site may have minimum requirements for the devices and systems on which you wish to access the Site. We may publish these minimum requirements on the Site and/or otherwise notify you in writing. For optimal access and use of the Site and Services, please ensure that your devices and systems will meet these requirements before accessing the Site and Services.
The Site may have minimum requirements for the devices and systems on which you wish to access the Site. We may publish these minimum requirements on the Site and/or otherwise notify you in writing. For optimal access and use of the Site and Services, please ensure that your devices and systems will meet these requirements before accessing the Site and Services.
Links
Links
You may link to the page of the Site and Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out in these Terms. We reserve the right to withdraw linking permission without notice.
You may link to the page of the Site and Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out in these Terms. We reserve the right to withdraw linking permission without notice.
Health Warning
Health Warning
The Site may contain flashing lights, images, other luminous stimulations and/or loud noises which may induce epileptic seizures or result in other adverse physical, mental or emotional results in certain individuals. If you or anyone in your household has any condition that may be triggered or otherwise impacted by any of the foregoing, including but not limited to epilepsy, please consult your doctor before accessing the Site. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue accessing the Site and consult your doctor.
The Site may contain flashing lights, images, other luminous stimulations and/or loud noises which may induce epileptic seizures or result in other adverse physical, mental or emotional results in certain individuals. If you or anyone in your household has any condition that may be triggered or otherwise impacted by any of the foregoing, including but not limited to epilepsy, please consult your doctor before accessing the Site. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue accessing the Site and consult your doctor.
4. License Restrictions
4. License Restrictions
By accessing and using the Site, you agree not do any of the following with respect to the Services, as determined by us in our sole discretion, as applicable:
(a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by these Terms;
(b) use, or provide, any unauthorized third-party programs that intercept, emulate, or redirect any communication between the Services and Feature that collect information about the Services;
(c) use, or provide ancillary offerings to anyone, that are not offered within the Services by us, such as hosting, “leveling” or “farming” services, mirroring our servers (or those operated on our behalf), matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third party program add-ons, and any interference with online or network play, or any other action, whether direct or indirect, whether carried out automatically or manually, that is substantially similar to the intent, effect or purpose of any of the foregoing;
(d) access or use them on more than one device simultaneously in violation of these Terms;
(e) copy, reproduce, distribute, display, mirror, frame or use them (or any of our other materials, intellectual property, or proprietary information) in a way that is not authorized by Feature;
(f) sell, rent, lease, license, distribute, or otherwise transfer, in whole or in part, the Services
(g) attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decompile, or disassemble or make derivative works based upon, in whole or in part, the Services;
(h) remove, disable, circumvent, or modify any technological measure implemented to protect them or any of their associated intellectual property;
(i) attempt to probe, scan or test its vulnerability or breach any security or authentication measures;
(k) behave in a manner which is detrimental to the enjoyment of the Services by other users as intended by us, in our sole judgment, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming, or contrary to public morals or public policy;
(l) engage in any behavior, or upload, publish, submit or transmit any User Generated Content, that actually or allegedly: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive, including “trolling;” (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence, money laundering or gambling, terrorism, or actions that are threatening or disrespectful to any person or entity; or (vii) promotes illegal or harmful activities or substances; provided, the determination of whether such behavior causes any of the foregoing, shall be made in our sole discretion, which shall be final, binding and non-appealable;
(m) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users;
(n) collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;
(o) trespass, or attempt to gain access to a property or location where you do not have permission to be or engage in any activity that may result in injury, death, property damage (including any damage to data or technology systems), nuisance or other liability;
(p) impersonate or misrepresent your affiliation with any person or entity, or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(q) use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;
(r) use the Services in any way that would affect us adversely or reflect negatively on us or the Services or Feature; or
(s) directly or indirectly encourage, promote, take part in or enable anyone else to do any of the foregoing.
If you encounter another user who is violating any of these rules, please report this activity to us using any “Report Abuse” function in the Services, if available, or contact us at info@feature.io.
By accessing and using the Site, you agree not do any of the following with respect to the Services, as determined by us in our sole discretion, as applicable:
(a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by these Terms;
(b) use, or provide, any unauthorized third-party programs that intercept, emulate, or redirect any communication between the Services and Feature that collect information about the Services;
(c) use, or provide ancillary offerings to anyone, that are not offered within the Services by us, such as hosting, “leveling” or “farming” services, mirroring our servers (or those operated on our behalf), matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third party program add-ons, and any interference with online or network play, or any other action, whether direct or indirect, whether carried out automatically or manually, that is substantially similar to the intent, effect or purpose of any of the foregoing;
(d) access or use them on more than one device simultaneously in violation of these Terms;
(e) copy, reproduce, distribute, display, mirror, frame or use them (or any of our other materials, intellectual property, or proprietary information) in a way that is not authorized by Feature;
(f) sell, rent, lease, license, distribute, or otherwise transfer, in whole or in part, the Services
(g) attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decompile, or disassemble or make derivative works based upon, in whole or in part, the Services;
(h) remove, disable, circumvent, or modify any technological measure implemented to protect them or any of their associated intellectual property;
(i) attempt to probe, scan or test its vulnerability or breach any security or authentication measures;
(k) behave in a manner which is detrimental to the enjoyment of the Services by other users as intended by us, in our sole judgment, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming, or contrary to public morals or public policy;
(l) engage in any behavior, or upload, publish, submit or transmit any User Generated Content, that actually or allegedly: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive, including “trolling;” (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence, money laundering or gambling, terrorism, or actions that are threatening or disrespectful to any person or entity; or (vii) promotes illegal or harmful activities or substances; provided, the determination of whether such behavior causes any of the foregoing, shall be made in our sole discretion, which shall be final, binding and non-appealable;
(m) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users;
(n) collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;
(o) trespass, or attempt to gain access to a property or location where you do not have permission to be or engage in any activity that may result in injury, death, property damage (including any damage to data or technology systems), nuisance or other liability;
(p) impersonate or misrepresent your affiliation with any person or entity, or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(q) use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;
(r) use the Services in any way that would affect us adversely or reflect negatively on us or the Services or Feature; or
(s) directly or indirectly encourage, promote, take part in or enable anyone else to do any of the foregoing.
If you encounter another user who is violating any of these rules, please report this activity to us using any “Report Abuse” function in the Services, if available, or contact us at info@feature.io.
5. Ownership
5. Ownership
We and our affiliates and licensors own all title, ownership and intellectual property rights in the Services. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services.
Subject to applicable privacy laws, although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with these Terms, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law and for any other reason set forth or contemplated in the Privacy Policy. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of these Terms or conduct that affects the Services.
We and our affiliates and licensors own all title, ownership and intellectual property rights in the Services. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services.
Subject to applicable privacy laws, although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with these Terms, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law and for any other reason set forth or contemplated in the Privacy Policy. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of these Terms or conduct that affects the Services.
6. Terms of Sale For All Products
6. Terms of Sale For All Products
The following terms apply to your purchase of one or more products, including one or more non-fungible token, semi-fungible token, or other cryptographically backed assets (each an “NFT”) or the physical products ownership of the Token might entitle you to, (“Physical Goods”) offered on the Site (collectively the NFTs and Physical Goods will be known as the “Products”).
The following terms apply to your purchase of one or more products, including one or more non-fungible token, semi-fungible token, or other cryptographically backed assets (each an “NFT”) or the physical products ownership of the Token might entitle you to, (“Physical Goods”) offered on the Site (collectively the NFTs and Physical Goods will be known as the “Products”).
Product Descriptions
Product Descriptions
We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
Availability and Pricing
Availability and Pricing
Feature reserves the right to change the prices and available Products at any time. Quantities of some Products may be limited and stock cannot always be guaranteed. Inventory of NFTs will be managed on our own smart contract, the public Ethereum blockchain, and/or any other public blockchains we reasonably determine. We cannot guarantee that the public ledgers we rely upon will remain operational, accessible, or bug free. Products offered for sale on this Site are for sale globally and all prices are quoted in ETH (Ethereum) and/or USD, and/or any other cryptographic currency we determine is appropriate. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
Feature reserves the right to change the prices and available Products at any time. Quantities of some Products may be limited and stock cannot always be guaranteed. Inventory of NFTs will be managed on our own smart contract, the public Ethereum blockchain, and/or any other public blockchains we reasonably determine. We cannot guarantee that the public ledgers we rely upon will remain operational, accessible, or bug free. Products offered for sale on this Site are for sale globally and all prices are quoted in ETH (Ethereum) and/or USD, and/or any other cryptographic currency we determine is appropriate. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
Purchasing Products
Purchasing Products
The display of Products on the Site invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
The display of Products on the Site invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
Ownership
Ownership
What you own is the NFT you purchase, and the subsidiary rights ownership of such NFT might provide for. What you explicitly do not own is the underlying intellectual property rights in any creative work, incorporated into, or underlying any NFT, except as specifically provided for herein, or elsewhere on the Site.
What you own is the NFT you purchase, and the subsidiary rights ownership of such NFT might provide for. What you explicitly do not own is the underlying intellectual property rights in any creative work, incorporated into, or underlying any NFT, except as specifically provided for herein, or elsewhere on the Site.
Returns
Returns
We do not allow returns or substitutions of Products. All sales are final and cannot be reversed.
We do not allow returns or substitutions of Products. All sales are final and cannot be reversed.
Damaged or Incomplete Shipment
Damaged or Incomplete Shipment
If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please e-mail info@thefeature.io. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.
If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please e-mail info@thefeature.io. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.
Transfer of Title and Risk of Loss/Damage
Transfer of Title and Risk of Loss/Damage
Title to and the risk of loss/damage of an NFT passes when you initial a transaction on our smart contract to purchase an NFT. You understand that once initiated, a transaction cannot be undone, recalled, or unwound, and otherwise considered final. Therefore, you agree to assume all risks associated with such transactions, and understand that your NFTs are subject to full and total loss.
Title to and the risk of loss/damage of all Physical Goods Products passes from us to you at the time we deliver the Physical Goods to the common carrier for shipment. By purchasing or claiming your Physical Goods for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Physical Goods. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
Title to and the risk of loss/damage of an NFT passes when you initial a transaction on our smart contract to purchase an NFT. You understand that once initiated, a transaction cannot be undone, recalled, or unwound, and otherwise considered final. Therefore, you agree to assume all risks associated with such transactions, and understand that your NFTs are subject to full and total loss.
Title to and the risk of loss/damage of all Physical Goods Products passes from us to you at the time we deliver the Physical Goods to the common carrier for shipment. By purchasing or claiming your Physical Goods for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Physical Goods. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
Taxes
Taxes
Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
Reselling
Reselling
You are entitled to sell, trade, swap, or otherwise transfer ownership of your NFT. If you do so on Opensea, or such other third-party trading site we engage with, you agree that our smart contract will be entitled to a royalty on such transfer.
You are entitled to sell, trade, swap, or otherwise transfer ownership of your NFT. If you do so on Opensea, or such other third-party trading site we engage with, you agree that our smart contract will be entitled to a royalty on such transfer.
Not An Investment
Not An Investment
Your purchase of the Products does NOT CONSTITUTE AN INVESTMENT. Purchase of the NFT and the subsidiary rights associated therewith, is meant for entertainment, enjoyment, and personal subjective appreciation purposes only. We make no warranties regarding future value, express or implied, to the public or to buyers. There is no entitled future interest or value to those who buy or own an NFT or Physical Good. No warranties or promises of future value are being made in any way by us. In no way are we guaranteeing any level of success at this endeavor. Only purchase if you wish to own the NFT or Physical Good and nothing else.
Your purchase of the Products does NOT CONSTITUTE AN INVESTMENT. Purchase of the NFT and the subsidiary rights associated therewith, is meant for entertainment, enjoyment, and personal subjective appreciation purposes only. We make no warranties regarding future value, express or implied, to the public or to buyers. There is no entitled future interest or value to those who buy or own an NFT or Physical Good. No warranties or promises of future value are being made in any way by us. In no way are we guaranteeing any level of success at this endeavor. Only purchase if you wish to own the NFT or Physical Good and nothing else.
No Expectation of Profit
No Expectation of Profit
You may lose all monies spent purchasing our Products, NFTs or Physical Good. There is no guarantee that the utility of the NFTs on this site or in public statements will be delivered. There is no guarantee you’ll be able to sell your NFTs if you so choose. If you are uncertain as to anything described by us or on the Site any detail regarding the project, or you are not prepared to lose all monies spent purchasing our Products, we strongly urge you not to purchase any products. We recommend you consult legal, financial, tax and other professional advisors or experts for further guidance before participating in any purchase on the Site. You are strongly advised to take independent legal advice in respect of the legality of your participation in this project in your jurisdiction.
You may lose all monies spent purchasing our Products, NFTs or Physical Good. There is no guarantee that the utility of the NFTs on this site or in public statements will be delivered. There is no guarantee you’ll be able to sell your NFTs if you so choose. If you are uncertain as to anything described by us or on the Site any detail regarding the project, or you are not prepared to lose all monies spent purchasing our Products, we strongly urge you not to purchase any products. We recommend you consult legal, financial, tax and other professional advisors or experts for further guidance before participating in any purchase on the Site. You are strongly advised to take independent legal advice in respect of the legality of your participation in this project in your jurisdiction.
Not Securities
Not Securities
Our tokens are not securities of any type. Holding an NFT does not entitle the holder to any expectation of profit, or monetary benefit in any way. Our NFTs are merely a means by which you may be able to utilize certain services on a platform that is yet to be developed. There is no guarantee that the platform will actually be developed.
Questions? If you have questions, please contact us at: info@thefeature.io
Our tokens are not securities of any type. Holding an NFT does not entitle the holder to any expectation of profit, or monetary benefit in any way. Our NFTs are merely a means by which you may be able to utilize certain services on a platform that is yet to be developed. There is no guarantee that the platform will actually be developed.
Questions? If you have questions, please contact us at: info@thefeature.io
7. Privacy Policy
7. Privacy Policy
All of the information that we collect from you, is subject to our privacy policy. Feature’s privacy policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms.
All of the information that we collect from you, is subject to our privacy policy. Feature’s privacy policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms.
8. Security and the Transmission of Payment Details
8. Security and the Transmission of Payment Details
We are committed to ensuring the secure transmission and processing of payment card details when you make transactions on our Site. To protect your payment card information, we have implemented the following security capabilities and policies:
a) Data encryption: We use industry standard Secure Socket Layer (SSL) or Transport Layer Security (TLS) encryption technology to protect the transmission of your payment card details. This ensures that your sensitive information, such as card numbers and personal details, is encrypted and transmitted securely over the internet. Card details are not stored beyond the ephemeral storage required to transmit to our payment partners.
b) Payment processing partners: We have partnered with reputable and trusted payment processing companies that comply with the Payment Card Industry Data Security Standard (PCI DSS) to handle payment transactions on our behalf. These companies are responsible for securely storing and processing your payment card details in accordance with industry standards and regulations.
c) Tokenization: To further enhance the security of your payment card information, we may use tokenization. This process replaces sensitive card data with a unique and non-sensitive identifier, known as a token. The token can only be used to complete transactions on our website, reducing the risk of unauthorized access to your payment card details.
d) Access control: Access to payment card details is strictly limited to authorized personnel who require this information to process transactions. These individuals are subject to strict confidentiality obligations and are trained in handling sensitive data securely.
e) Regular monitoring and audits: We regularly review and update our security policies, processes, and systems to ensure that we maintain a high level of security for your payment card details. We also undergo periodic security audits and assessments by third-party experts to verify our compliance with industry standards and best practices.
By using our Site and submitting your payment card details, you acknowledge and agree to our security capabilities and policies for the transmission of payment card details as outlined in this section. If you have any concerns or questions about the security of your payment card information, please contact us at info@thefeature.io.
We are committed to ensuring the secure transmission and processing of payment card details when you make transactions on our Site. To protect your payment card information, we have implemented the following security capabilities and policies:
a) Data encryption: We use industry standard Secure Socket Layer (SSL) or Transport Layer Security (TLS) encryption technology to protect the transmission of your payment card details. This ensures that your sensitive information, such as card numbers and personal details, is encrypted and transmitted securely over the internet. Card details are not stored beyond the ephemeral storage required to transmit to our payment partners.
b) Payment processing partners: We have partnered with reputable and trusted payment processing companies that comply with the Payment Card Industry Data Security Standard (PCI DSS) to handle payment transactions on our behalf. These companies are responsible for securely storing and processing your payment card details in accordance with industry standards and regulations.
c) Tokenization: To further enhance the security of your payment card information, we may use tokenization. This process replaces sensitive card data with a unique and non-sensitive identifier, known as a token. The token can only be used to complete transactions on our website, reducing the risk of unauthorized access to your payment card details.
d) Access control: Access to payment card details is strictly limited to authorized personnel who require this information to process transactions. These individuals are subject to strict confidentiality obligations and are trained in handling sensitive data securely.
e) Regular monitoring and audits: We regularly review and update our security policies, processes, and systems to ensure that we maintain a high level of security for your payment card details. We also undergo periodic security audits and assessments by third-party experts to verify our compliance with industry standards and best practices.
By using our Site and submitting your payment card details, you acknowledge and agree to our security capabilities and policies for the transmission of payment card details as outlined in this section. If you have any concerns or questions about the security of your payment card information, please contact us at info@thefeature.io.
9. DMCA Copyright Infringement Takedown Policy
9. DMCA Copyright Infringement Takedown Policy
Infringement Notification
Infringement Notification
Feature respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
Feature respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification
How to File an Infringement Notification
If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to Feature: info@thefeature.io.
Send such notice with the information that sets forth the items specified below:
Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Feature to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
Include details of your claim to the material, or your relationship to the material’s copyright holder.
Provide your full name, address, and telephone number should we need to clarify your claim.
Provide a working email address where we can contact you to confirm your claim.
If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Sign the document, physically or electronically.
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, Feature may terminate access to the user’s account.
If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to Feature: info@thefeature.io.
Send such notice with the information that sets forth the items specified below:
Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Feature to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
Include details of your claim to the material, or your relationship to the material’s copyright holder.
Provide your full name, address, and telephone number should we need to clarify your claim.
Provide a working email address where we can contact you to confirm your claim.
If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Sign the document, physically or electronically.
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, Feature may terminate access to the user’s account.
10. Disputes
10. Disputes
Subject to applicable law, you and Feature agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating to Feature in any way will be resolved in accordance with the provisions set forth in this Section.
Subject to applicable law, you and Feature agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating to Feature in any way will be resolved in accordance with the provisions set forth in this Section.
Informal Resolution
Informal Resolution
If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@thefeature.io, provide a brief, written description of the dispute and your contact information and allow sixty (60) days to pass, during which period we will attempt to contact you in order to reach an amicable resolution of any issue .
If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@thefeature.io, provide a brief, written description of the dispute and your contact information and allow sixty (60) days to pass, during which period we will attempt to contact you in order to reach an amicable resolution of any issue .
Arbitration
Arbitration
These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Award
Award
For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Feature user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Feature user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions
Exceptions
There are only two exceptions to this arbitration agreement:
First, if a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
There are only two exceptions to this arbitration agreement:
First, if a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Costs of Arbitration
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Feature will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Feature is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Feature will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Feature is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Future Amendments to the Agreement to Arbitrate
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Feature prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Feature. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Feature prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Feature. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes
Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Feature must be resolved exclusively by a state or federal court located in Delaware. You and Feature agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes.
Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Feature must be resolved exclusively by a state or federal court located in Delaware. You and Feature agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes.
OPT-OUT
OPT-OUT
IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO [EMAIL ADDRESS] ("OPT-OUT NOTICE"): Feature. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME. IF YOU ARE NOT A NEW Feature USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS OF SERVICE TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO [EMAIL ADDRESS] ("OPT-OUT NOTICE"): Feature. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME. IF YOU ARE NOT A NEW Feature USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS OF SERVICE TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
Procedure
Procedure
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: info@thefeature.io.
This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: info@thefeature.io.
This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
WAIVER
WAIVER
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
11. Indemnification
11. Indemnification
You hereby agree to indemnify, defend and hold Feature and all of our officers, directors, mangers, members, employees, agents, information providers, affiliates, partners, and licensors, including without limitation Feature and any of Feature’s affiliates(“Feature Party,” or collectively, the “Feature Parties”) harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, incurred by any Feature Party arising from, related to, or in connection with (a) a violation of any provision of these Terms by you; or (b) arising from, related to, or connected with your violation of the rights of Feature or any other person or entity. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Site.
You hereby agree to indemnify, defend and hold Feature and all of our officers, directors, mangers, members, employees, agents, information providers, affiliates, partners, and licensors, including without limitation Feature and any of Feature’s affiliates(“Feature Party,” or collectively, the “Feature Parties”) harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, incurred by any Feature Party arising from, related to, or in connection with (a) a violation of any provision of these Terms by you; or (b) arising from, related to, or connected with your violation of the rights of Feature or any other person or entity. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Site.
12. Warranties and Disclaimers
12. Warranties and Disclaimers
Service Outages and Force Majeure
Service Outages and Force Majeure
Unless you have greater rights in a separate signed agreement with us, we disclaim to the fullest extent permitted by law any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Under no circumstances shall Feature or its licensor or service providers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. This provision is not intended to disclaim liability that Feature may not disclaim under law.
USE OF SITE AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE, AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS. NEITHER WE NOR OUR AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.
NO RESPONSIBILITY FOR THIRD-PARTY SERVICES AND MATERIALS. Feature DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
Unless you have greater rights in a separate signed agreement with us, we disclaim to the fullest extent permitted by law any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Under no circumstances shall Feature or its licensor or service providers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. This provision is not intended to disclaim liability that Feature may not disclaim under law.
USE OF SITE AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE, AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS. NEITHER WE NOR OUR AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.
NO RESPONSIBILITY FOR THIRD-PARTY SERVICES AND MATERIALS. Feature DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
13. Limitation of Liability
13. Limitation of Liability
NO CONSEQUENTIAL DAMAGES
NO CONSEQUENTIAL DAMAGES
IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL FEATURE, AND FEATURE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES, CONTENT OR PRODUCTS, EVEN IF WE ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL FEATURE, AND FEATURE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES, CONTENT OR PRODUCTS, EVEN IF WE ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
OUR LIABILITY IS LIMITED
OUR LIABILITY IS LIMITED
IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCTS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCTS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
NEW JERSEY RESIDENTS
NEW JERSEY RESIDENTS
TO NEW JERSEY RESIDENTS, THE PROVISIONS OF THIS PARAGRAPH 9 ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
TO NEW JERSEY RESIDENTS, THE PROVISIONS OF THIS PARAGRAPH 9 ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
14. Termination; Survival
14. Termination; Survival
Term
Term
These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
Suspension and Termination
Suspension and Termination
We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.
We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.
Survival
Survival
If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The following provisions will survive termination: Intellectual Property, Indemnification, Payment Obligations, Warranties and Disclaimers, Limitations of Liability, Dispute and any and all others that by their sense and context are intended to survive the termination or expiration of the Agreement shall survive.
If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The following provisions will survive termination: Intellectual Property, Indemnification, Payment Obligations, Warranties and Disclaimers, Limitations of Liability, Dispute and any and all others that by their sense and context are intended to survive the termination or expiration of the Agreement shall survive.
15. Service and Terms Modifications
15. Service and Terms Modifications
We may update the Terms from time to time in our sole discretion. If we do, posting the updated Terms on the Site shall serve as notice to you of any update to the Terms. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to access or use the Services after we have posted updated Terms it means that you accept and agree to the changes. If at any time you don’t agree to be bound by the changes, you may not access or use the Services thereafter. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time. Subject to applicable law, you acknowledge that any character data, game progress, game customization or other data related to your use of the Site and other elements unique to the Services may cease to be available to you at any time without notice from us. You agree that we do not have any maintenance or support obligations with respect to the Services.
Subject to applicable law, we may change the Services at any time, for any reason, without notice or liability to you.
We may update the Terms from time to time in our sole discretion. If we do, posting the updated Terms on the Site shall serve as notice to you of any update to the Terms. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to access or use the Services after we have posted updated Terms it means that you accept and agree to the changes. If at any time you don’t agree to be bound by the changes, you may not access or use the Services thereafter. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time. Subject to applicable law, you acknowledge that any character data, game progress, game customization or other data related to your use of the Site and other elements unique to the Services may cease to be available to you at any time without notice from us. You agree that we do not have any maintenance or support obligations with respect to the Services.
Subject to applicable law, we may change the Services at any time, for any reason, without notice or liability to you.
16. General Terms
16. General Terms
No Waiver; Severability
No Waiver; Severability
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. The provisions of these terms are intended to extend to the fullest extent permitted by law. No waiver of any term of these Terms will be binding unless in writing.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. The provisions of these terms are intended to extend to the fullest extent permitted by law. No waiver of any term of these Terms will be binding unless in writing.
Statute of Limitations
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Applicable Law
Applicable Law
These Terms will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of Delaware, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Delaware if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
These Terms will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of Delaware, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Delaware if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Headings
Headings
The provision titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed against the drafter.
The provision titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed against the drafter.
Notice
Notice
You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: info@thefeature.io
You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: info@thefeature.io
Entire Agreement
Entire Agreement
These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Feature and govern your use of the Site and Services and supersede any prior agreements between you and Feature on the subject matter. You may also be subject to additional terms when you use certain Feature third party software, content, links, or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Feature without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Feature. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Feature and govern your use of the Site and Services and supersede any prior agreements between you and Feature on the subject matter. You may also be subject to additional terms when you use certain Feature third party software, content, links, or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Feature without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Feature. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
Notice to California Users
Notice to California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice to Users Outside the United States of America
Notice to Users Outside the United States of America
The Site is controlled and offered by Feature from the United States of America. Feature makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.
The Site is controlled and offered by Feature from the United States of America. Feature makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.
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