Last Updated 1 January 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and (“we,” “us” or “our”), concerning your access to and use of the mobile application FeelAgain (the “the mobile application”). You agree that by using the mobile application, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE MOBILE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you of any changes by updating the “Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Mobile application after the date such revised Terms are posted.
The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the mobile application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Mobile application is intended for users who are at least 18 years old.
USER REGISTRATION
You may be required to register with the mobile application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username or whole account if we determine, at our sole discretion, that such username or account is inappropriate, obscene, or otherwise objectionable.
You can access the Services in the following ways:
By registering for the Services as a non-paying member ("Gratis Member"); or
By registering for the Services as a member and purchasing a subscription package ("Paid Member"). Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for automatic card payments in accordance with these Terms.
There is no fee payable to access the Services as a Gratis Member.
However, please note that accessing the Services as a Gratis Member will only give you limited access to features and areas of the Services. Full access will require you to upgrade to Paid Membership by paying for a subscription package.
USER REPRESENTATIONS
By using the Mobile application, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the mobile application through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the mobile application for any illegal or unauthorized purpose; and (8) your use of the mobile application will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the mobile application (or any portion thereof).
ENDORSEMENT
The Company does not represent or endorse the accuracy or reliability of any Content posted and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed online by users are the views of the user posting the statement and do not represent the views of The Company.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the mobile application is our proprietary property, and all source code, databases, functionality, software, mobile application designs, audio, video, text, photographs, and graphics in the mobile application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of foreign jurisdictions, and international conventions. The Content and the Marks are provided in the mobile application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the mobile application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the mobile application, you are granted a limited license to access and use the mobile application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the mobile application, Content and the Marks.
USAGE OF YOUR CONTENT FOR OUR OWN PURPOSES
By posting information or content including but not limited to copyrighted content, name and likeness and photographs to your profile pages or any public area of the mobile application, you automatically grant, and you represent and warrant that you have the right to grant to us, our Partner Services, a non-exclusive, royalty free, worldwide license to use, copy, publish, display, reformat, translate and distribute, and broadcast such information or content and to grant and authorize sub-licenses of the same. You further waive any moral or potential infringements rights you may have in any such information or content. We may assign or sublicense the above license to our affiliates and successors without any further approval by you.
PROHIBITED ACTIVITIES
You may not access or use the mobile application for any purpose other than that for which we make the mobile application available. The mobile application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the mobile application, you agree not to:
1. systematically retrieve data or other content from the mobile application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the mobile application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. use a buying agent or purchasing agent to make purchases in the mobile application.
4. use the Mobile application to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of the mobile application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the mobile application and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the mobile application.
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden in the mobile application or the networks or services connected to the mobile application.
11. attempt to impersonate another user or person or use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the mobile application in order to harass, abuse, or harm another person.
14. use the mobile application as part of any effort to compete with us or otherwise use the mobile application and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the mobile application.
16. attempt to bypass any measures of the mobile application designed to prevent or restrict access to the mobile application or any portion of the mobile application.
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the mobile application to you.
18. delete the copyright or other proprietary rights notice from any Content.
19. copy or adapt the mobile application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the mobile application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the mobile application.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the mobile application, or using or launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the mobile application.
24. use the mobile application in a manner inconsistent with any applicable laws or regulations.
MOBILE APPLICATION LICENSE
When you access the mobile application we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms of Use of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any other mobile application or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Android Devices
The following terms apply when you use a mobile application obtained from Google Play (an “App Distributor”) to access the Mobile application: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the Terms of Use of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the Terms of Use in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
THIRD-PARTY MOBILE APPLICATIONS AND CONTENT
The Mobile application may contain (or you may be sent via the Mobile application) links to other mobile applications ("Third-Party mobile applications") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party mobile applications and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party mobile applications accessed through the Mobile application or any Third-Party Content posted on, available through, or installed from the Mobile application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party mobile applications or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party mobile applications or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Mobile application and access the Third-Party mobile applications or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any mobile application to which you navigate from the Mobile application or relating to any applications you use or install from the Mobile application. Any purchases you make through Third-Party mobile applications will be through other mobile applications and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party mobile applications and you shall not hold us responsible for any harm caused by your purchase of such products or services. Additionally, you shall not hold us responsible for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party mobile applications.
MOBILE APPLICATION MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the mobile application for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the mobile application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Mobile application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Mobile application.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Mobile application infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Mobile application infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Mobile application are covered by the Notification, a representative list of such works on the Mobile application; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the mobile application as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Attn: Copyright
dpo@newstilevolution.com
TERM AND TERMINATION
You may terminate your account at any time, for any reason, by emailing EMAIL. When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorized to amend the account.
These Terms of Use shall remain in full force and effect while you use the Mobile application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE MOBILE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE MOBILE APPLICATION OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
YOUR RIGHTS TO CANCEL AT ANY TIME
You may cancel your subscription and membership (free and paid) by visiting the "Billing/Payment history" section of the app and following the relevant steps to Remove Your Account.
Alternatively, you may cancel your registration or subscription at any time by giving us notice of your wish to cancel by email:
tel: SWE - 020-075 34 96, NOR - 800 25 237
email: support@tofeelagain.com
When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorized to amend the account.
Our postal address is:
Please be aware that any notice of intention to cancel shall take effect upon receipt by us. It is a breach of these Terms of Use to provide your account details to any other person or third-party company. Therefore, only cancellations requested by you as a genuine user of the Services will be effective. A cancellation initiated by any other party or entity, will not be considered a valid cancellation and you will continue to be charged.
14 DAY CANCELLATION RIGHT (FOR EU RESIDENTS)
In accordance with Directive 2011/83/EU you can cancel the agreement created through your acceptance of these terms of use within 14 days after the confirmation of your subscription to any Services and you will receive a pro-rated refund based on the usage you have made of the Service.
By making any purchase, you expressly agree to us providing the Services to you immediately upon payment by you. Any use of the service thereafter by you would limit the amount you will be entitled to later receive should you cancel within 14 days.
You can contact us through your Account, by email or by telephone to cancel on the basis of this statutory right.
3 DAY RIGHT TO CANCEL - CALIFORNIA, USA RESIDENTS ONLY
In accordance with 2005 California Civil Code Sections 1694-1694.4 CHAPTER 2.1. DATING SERVICE CONTRACTS if you are a user resident in California, USA, you may cancel our dating service without any penalty or obligation, at any time prior to midnight on the third business day following the date you sign up to a paid for service (excluding Sundays and holidays).
To cancel, please contact customer support by email support@tofeelagain.com or send a written notice to
Refunds will be processed within ten days of receipt of a notice to cancel.
If you subscribed using your Apple ID, refunds are handled by Apple, not us. If you wish to request a refund, please visit https://reportaproblem.apple.com/. If you subscribed using your Google Play Store account you should contact our customer support@tofeelagain.com
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the mobile application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in our mobile application. We also reserve the right to modify or discontinue all or part of the mobile application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the mobile application.
We cannot guarantee the mobile application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the mobile application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the mobile application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the mobile application during any downtime or discontinuance of the mobile application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Mobile application or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Mobile application are governed by and construed in accordance with the laws of Cyprus, applicable to agreements made and to be entirely performed within Cyprus, without regard to its conflict of law principles.
CORRECTIONS
There may be information on the mobile application that contains typographical errors, inaccuracies, or omissions that may relate to the mobile application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information in the mobile application at any time, without prior notice.
DISCLAIMER
THE MOBILE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE MOBILE APPLICATION SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOBILE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MOBILE’S APPLICATION CONTENT OR THE CONTENT OF ANY WEBMOBILE APPLICATIONS LINKED TO THIS MOBILE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOBILE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOBILE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOBILE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBILE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOBILE APPLICATION, ANY HYPERLINKED WEBMOBILE APPLICATION, OR ANY WEBMOBILE APPLICATION OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO:
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Mobile application; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the mobile application with whom you connected via the mobile application. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Mobile application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Mobile application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE MOBILE APPLICATION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Mobile application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Mobile application. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Mobile application or to receive further information regarding use of the Mobile application, please contact us at:
SWE - 020-075 34 96, NOR - 800 25 237
support@tofeelagain.com
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and (“we,” “us” or “our”), concerning your access to and use of the mobile application FeelAgain (the “the mobile application”). You agree that by using the mobile application, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE MOBILE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you of any changes by updating the “Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Mobile application after the date such revised Terms are posted.
The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the mobile application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Mobile application is intended for users who are at least 18 years old.
USER REGISTRATION
You may be required to register with the mobile application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username or whole account if we determine, at our sole discretion, that such username or account is inappropriate, obscene, or otherwise objectionable.
You can access the Services in the following ways:
By registering for the Services as a non-paying member ("Gratis Member"); or
By registering for the Services as a member and purchasing a subscription package ("Paid Member"). Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for automatic card payments in accordance with these Terms.
There is no fee payable to access the Services as a Gratis Member.
However, please note that accessing the Services as a Gratis Member will only give you limited access to features and areas of the Services. Full access will require you to upgrade to Paid Membership by paying for a subscription package.
USER REPRESENTATIONS
By using the Mobile application, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the mobile application through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the mobile application for any illegal or unauthorized purpose; and (8) your use of the mobile application will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the mobile application (or any portion thereof).
ENDORSEMENT
The Company does not represent or endorse the accuracy or reliability of any Content posted and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed online by users are the views of the user posting the statement and do not represent the views of The Company.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the mobile application is our proprietary property, and all source code, databases, functionality, software, mobile application designs, audio, video, text, photographs, and graphics in the mobile application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of foreign jurisdictions, and international conventions. The Content and the Marks are provided in the mobile application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the mobile application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the mobile application, you are granted a limited license to access and use the mobile application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the mobile application, Content and the Marks.
USAGE OF YOUR CONTENT FOR OUR OWN PURPOSES
By posting information or content including but not limited to copyrighted content, name and likeness and photographs to your profile pages or any public area of the mobile application, you automatically grant, and you represent and warrant that you have the right to grant to us, our Partner Services, a non-exclusive, royalty free, worldwide license to use, copy, publish, display, reformat, translate and distribute, and broadcast such information or content and to grant and authorize sub-licenses of the same. You further waive any moral or potential infringements rights you may have in any such information or content. We may assign or sublicense the above license to our affiliates and successors without any further approval by you.
PROHIBITED ACTIVITIES
You may not access or use the mobile application for any purpose other than that for which we make the mobile application available. The mobile application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the mobile application, you agree not to:
1. systematically retrieve data or other content from the mobile application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the mobile application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. use a buying agent or purchasing agent to make purchases in the mobile application.
4. use the Mobile application to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of the mobile application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the mobile application and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the mobile application.
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden in the mobile application or the networks or services connected to the mobile application.
11. attempt to impersonate another user or person or use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the mobile application in order to harass, abuse, or harm another person.
14. use the mobile application as part of any effort to compete with us or otherwise use the mobile application and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the mobile application.
16. attempt to bypass any measures of the mobile application designed to prevent or restrict access to the mobile application or any portion of the mobile application.
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the mobile application to you.
18. delete the copyright or other proprietary rights notice from any Content.
19. copy or adapt the mobile application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the mobile application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the mobile application.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the mobile application, or using or launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the mobile application.
24. use the mobile application in a manner inconsistent with any applicable laws or regulations.
MOBILE APPLICATION LICENSE
When you access the mobile application we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms of Use of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any other mobile application or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Android Devices
The following terms apply when you use a mobile application obtained from Google Play (an “App Distributor”) to access the Mobile application: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the Terms of Use of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the Terms of Use in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
THIRD-PARTY MOBILE APPLICATIONS AND CONTENT
The Mobile application may contain (or you may be sent via the Mobile application) links to other mobile applications ("Third-Party mobile applications") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party mobile applications and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party mobile applications accessed through the Mobile application or any Third-Party Content posted on, available through, or installed from the Mobile application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party mobile applications or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party mobile applications or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Mobile application and access the Third-Party mobile applications or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any mobile application to which you navigate from the Mobile application or relating to any applications you use or install from the Mobile application. Any purchases you make through Third-Party mobile applications will be through other mobile applications and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party mobile applications and you shall not hold us responsible for any harm caused by your purchase of such products or services. Additionally, you shall not hold us responsible for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party mobile applications.
MOBILE APPLICATION MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the mobile application for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the mobile application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Mobile application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Mobile application.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Mobile application infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Mobile application infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Mobile application are covered by the Notification, a representative list of such works on the Mobile application; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the mobile application as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Attn: Copyright
dpo@newstilevolution.com
TERM AND TERMINATION
You may terminate your account at any time, for any reason, by emailing EMAIL. When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorized to amend the account.
These Terms of Use shall remain in full force and effect while you use the Mobile application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE MOBILE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE MOBILE APPLICATION OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
YOUR RIGHTS TO CANCEL AT ANY TIME
You may cancel your subscription and membership (free and paid) by visiting the "Billing/Payment history" section of the app and following the relevant steps to Remove Your Account.
Alternatively, you may cancel your registration or subscription at any time by giving us notice of your wish to cancel by email:
tel: SWE - 020-075 34 96, NOR - 800 25 237
email: support@tofeelagain.com
When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorized to amend the account.
Our postal address is:
Please be aware that any notice of intention to cancel shall take effect upon receipt by us. It is a breach of these Terms of Use to provide your account details to any other person or third-party company. Therefore, only cancellations requested by you as a genuine user of the Services will be effective. A cancellation initiated by any other party or entity, will not be considered a valid cancellation and you will continue to be charged.
14 DAY CANCELLATION RIGHT (FOR EU RESIDENTS)
In accordance with Directive 2011/83/EU you can cancel the agreement created through your acceptance of these terms of use within 14 days after the confirmation of your subscription to any Services and you will receive a pro-rated refund based on the usage you have made of the Service.
By making any purchase, you expressly agree to us providing the Services to you immediately upon payment by you. Any use of the service thereafter by you would limit the amount you will be entitled to later receive should you cancel within 14 days.
You can contact us through your Account, by email or by telephone to cancel on the basis of this statutory right.
3 DAY RIGHT TO CANCEL - CALIFORNIA, USA RESIDENTS ONLY
In accordance with 2005 California Civil Code Sections 1694-1694.4 CHAPTER 2.1. DATING SERVICE CONTRACTS if you are a user resident in California, USA, you may cancel our dating service without any penalty or obligation, at any time prior to midnight on the third business day following the date you sign up to a paid for service (excluding Sundays and holidays).
To cancel, please contact customer support by email support@tofeelagain.com or send a written notice to
Refunds will be processed within ten days of receipt of a notice to cancel.
If you subscribed using your Apple ID, refunds are handled by Apple, not us. If you wish to request a refund, please visit https://reportaproblem.apple.com/. If you subscribed using your Google Play Store account you should contact our customer support@tofeelagain.com
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the mobile application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in our mobile application. We also reserve the right to modify or discontinue all or part of the mobile application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the mobile application.
We cannot guarantee the mobile application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the mobile application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the mobile application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the mobile application during any downtime or discontinuance of the mobile application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Mobile application or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Mobile application are governed by and construed in accordance with the laws of Cyprus, applicable to agreements made and to be entirely performed within Cyprus, without regard to its conflict of law principles.
CORRECTIONS
There may be information on the mobile application that contains typographical errors, inaccuracies, or omissions that may relate to the mobile application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information in the mobile application at any time, without prior notice.
DISCLAIMER
THE MOBILE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE MOBILE APPLICATION SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOBILE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MOBILE’S APPLICATION CONTENT OR THE CONTENT OF ANY WEBMOBILE APPLICATIONS LINKED TO THIS MOBILE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOBILE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOBILE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOBILE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBILE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOBILE APPLICATION, ANY HYPERLINKED WEBMOBILE APPLICATION, OR ANY WEBMOBILE APPLICATION OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO:
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Mobile application; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the mobile application with whom you connected via the mobile application. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Mobile application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Mobile application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE MOBILE APPLICATION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Mobile application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Mobile application. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Mobile application or to receive further information regarding use of the Mobile application, please contact us at:
SWE - 020-075 34 96, NOR - 800 25 237
support@tofeelagain.com