Thank you for using IFeelX. IFeelX provides content through our website(s) (the “Site”) and mobile application(s) (together with the Site, the “Services”). The Services are operated by IFeelX d/b/a IFeelX (together with its successors and assigns, “IFeelX”).

These Terms of Service (“Terms”) govern your access to and use of the Services, so please read them carefully before using the Services. As our business grows and we add new functionality to the Services, we may revise these Terms periodically. If we do, we will post the changes here. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms.

The Services

Your Use of Services:

In order to access or use the Services, you may be required to provide current, accurate, identification, contact and other information. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password, so please notify IFeelX immediately of any unauthorized use of your account or any other breach of security.

Modifications to Services and Data:

The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. Please backup your data as IFeelX has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services. IFeelX reserves the right to terminate accounts.

Age:

You must be 13 years of age to use the Services, with or without registering.

Conditions of Use

You are solely responsible for all information, data, text, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (“post”) or email or otherwise transmit or use via the Services. You agree to not use the Services to post, email or otherwise transmit any content that is unlawful, threatening, unsolicited “junk mail” or spam, contains software viruses or, in the sole judgment of IFeelX, restricts or inhibits any other person from using or enjoying the Services, or which may expose IFeelX or its users to any harm or liability of any type. You also agree to provide accurate, up-to-date information.

Intellectual Property Rights

Services Content, Software and Trademarks:

The Services may contain content (“Services Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by IFeelX, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part. If you are eligible to use the Services, you are granted a limited license to access and use the Services and the Services Content and to download or print a copy of the Services Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Services Content other than as authorized by these Terms is strictly prohibited and will terminate the license granted here. The technology and software underlying the Services is the property of IFeelX, our affiliates and our partners (the “Software”). You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any source code version of the Software. We reserve all right, title and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.

IFeelX names and logos are trademarks and service marks of IFeelX (collectively the “Infatuation Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to IFeelX. You may not use any of Infatuation Trademarks without our prior written permission.

Third Party Material:

IFeelX will not be liable for any content posted by third parties or at the direction of users; you must evaluate the accuracy and usefulness of this content. IFeelX does not pre-screen content, but IFeelX and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Services, including the right to remove any content that violates the Terms or is deemed by IFeelX to be objectionable.

User Content Posted on or through the Services:

You are solely responsible for the content and other materials you upload, post on or through the Services or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant IFeelX and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation, advertising or marketing of the Services, in any form now known or later developed.

We welcome your comments, questions, suggestions and feedback about the Site or the Services (“Submissions”)! But be aware that any comments or suggestions you make to IFeelX are non-confidential and become the property of IFeelX, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright Complaints:

IFeelX respects the intellectual property of others, and we ask our users to do the same. IFeelX will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

IFeelX’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent
IFeelX
Andrew Steinthal
[email protected]

Repeat Infringer Policy:

In accordance with the DMCA and other applicable law, IFeelX has adopted a policy of terminating, in appropriate circumstances and at IFeelX’s sole discretion, members who are deemed to be repeat infringers. IFeelX may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Links and Content

The Services may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. IFeelX has no control over such sites and resources and IFeelX is not responsible for and does not endorse such sites and resources. IFeelX will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource.

Release

By using the Services you agree to release, discharge and hold harmless IFeelX and its subsidiaries and affiliates (the “Infatuation Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

Indemnity

You agree to indemnify and hold IFeelX and IFeelX Entities harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Services, or publicly distributed on the web, your use of the Services, your connection to the Services, your violation of the Terms or your violation of any rights of another.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IFEELX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IFEELX AND IFEELX ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IFEELX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL IFEELX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Termination

You agree that IFeelX, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. IFeelX will not be liable to you or any third-party for any termination of your access to the Services.

General

The Terms constitute the entire agreement between you and IFeelX and govern your use of the Services, superseding any prior agreements between you and IFeelX with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and IFeelX agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of IFeelX to enforce any provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

Our Policy

Welcome to the website (the “Site”, which includes any mobile applications, mobile sites and tablet applications) of IFeelX Inc., d/b/a IFeelX (together with its successors and assigns, “IFeelX”, “we”, “us” and/or “our”). This Site is operated by IFeelX and has been created to provide information about our company, our mobile application and to provide content to our Site visitors (“you”, “your”). This Privacy Policy sets forth IFeelX’s policy with respect to information including personally identifiable data (“Personal Data“) and other information that is collected from Site visitors and users.

Information We Collect

When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Site:

We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, post information or comments, respond to one of our surveys, register for access to the IFeelX Services, allow us to access your location information (such as by using the GPS on your mobile device) or use certain IFeelX Services. Wherever IFeelX collects Personal Data we make an effort to provide a link to this Privacy Policy.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to this Site, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of The IFeelX and the authorized third parties referred to herein located in the United States.

Other Information:

Non-Identifiable Data:

When you interact with The IFeelX through the Site, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Consequently, we do not adjust or alter our Site’s automatic tracking and data collection in response to a Do Not Track signal or request. The IFeelX may store such non-identifiable information itself or such information may be included in databases owned and maintained by The IFeelX affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process.

In operating this Site, we may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.

This Site may enable the use of the Adobe Flash Player. Adobe’s Flash Player is used by the vast majority of websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above. You can disable, delete and control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located here. If you do not allow flash cookies to take any disc space on your computer, you may not be able to take advantage of or participate in certain features on this Site.

Aggregated Personal Data:

In an ongoing effort to better understand and serve the users of the IFeelX Services, The IFeelX may conduct research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and The IFeelX may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. The IFeelX may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Location Information:

Our Service may collect and use your location information (for example, by requesting your location in your profile or by using the GPS on your mobile device) to provide certain functionality of our Service. We may use your location information in conjunction with your Personal Data or in an aggregate way, as described above in the “Aggregated Personal Data” section.

Our Use of Your Personal Data and Other Information

The IFeelX uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the IFeelX Services, we will use your Personal Data to provide you with access to such services, in conjunction with such services and to monitor your use of such services. The IFeelX and its subsidiaries and affiliates (the “IFeelX Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the Site to help us improve the content and functionality of the Site, to better understand our users and to improve the IFeelX Services. The IFeelX and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

If The IFeelX intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Information

The IFeelX is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers:

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies:

We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties:

The IFeelX, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements:

The IFeelX may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of The IFeelX, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

Your Choices

You can use the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain IFeelX Services.

Exclusions

This Privacy Policy does not apply to any Personal Data collected by The IFeelX other than Personal Data collected through the Site. This Privacy Policy shall not apply to any unsolicited information you provide to The IFeelX through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and The IFeelX shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Children

The IFeelX does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to The IFeelX through this Site, please contact us, and we will endeavor to delete that information from our databases.

Third Parties and Links to Other Web Sites

This Privacy Policy applies only to the Site. We do not permit third parties to collect Personal Data on our Site, but our Site may contain links to other web sites not operated or controlled by The IFeelX (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that The IFeelX endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Social Media

The IFeelX may allow you to choose to access certain social media websites and services that are owned and/or controlled by third parties (like Facebook and Twitter) (such websites and services, collectively, the “Social Media Services”) through the Site. If you elect to access and use the Social Media Services, you will be sharing your information (which will include personal information if you elect to share such information) with those Social Media Services. As with other Third Party Sites, the information that you share with the Social Media Services will be governed by the privacy policies and terms of service of the providers of such Social Media Services and not by the polices and procedures we describe here. When you add Social Media Service accounts to the IFeelX Services or log into the Site using your Social Media Services account, we will collect relevant information necessary to enable the Site to access that Social Media Service. As part of such integration, the Social Media Service will provide The IFeelX with access to certain information that you have provided to such Social Media Service, and we will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which Social Media Services use, store and disclose your information is governed by the policies of the applicable Social Media Services provider, and, as a result, The IFeelX shall not have any liability or responsibility for the privacy practices or other actions of Social Media Services that may be enabled within and/or otherwise accessible through the Site.

You may also have the option of posting your Services activities to Social Media Services when you access content through the Services (for example, you may post to Facebook that you performed an activity on the Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any Social Media Services you have enabled will be able to view such activity.

Security

The IFeelX takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to The IFeelX via the Internet.

Other Terms and Conditions

Your access to and use of this Site is subject to the Terms of Service.

Changes to The IFeelX’s Privacy Policy

The Site and our business may change from time to time. As a result, at times it may be necessary for The IFeelX to make changes to this Privacy Policy. The IFeelX reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information; Contacting The IFeelX

You may change or update information in your profile, or delete your account entirely. To keep your Personal Data accurate, current, and complete, please update your profile or contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this Site.

Please also feel free to contact us if you have any questions about The IFeelX’s Privacy Policy or the information practices of this Site.