Users of the Services offered by Foof acknowledge and accept these terms and conditions.
Owner of Foof and related Services
131 Spirea Ct.
Cle Elum, Washington98922
E-mail: [email protected]
This document is a legal agreement between you, the User, and Foof, LLC, which owns and runs Foof for your use of it and, in any case, for the use of the Services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms.
For simplicity, “User,” “you,” “your” and like terms, either in singular or plural form, refer to you, the User. “Owner,” “we,” “our,” “us” and like terms refer to Foof LLC, which owns and manages Foof as outlined in this document. “Foof” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
Acceptance of this Agreement
In order to use Foof, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please Contact Us or send a letter and self-addressed stamped envelope with sufficient postage to the address above. If you don’t accept this Agreement you cannot use the Service.
Information about Foof
Foof is a mobile application that allows Users to create a personal profile and share it in order to find matches based on the mood or on the emotional state published. Foof also allows Users to communicate via chat and to publish and share photos and video within the Foof community.
Eligibility, Registration, Termination, Content on Foof and prohibited use of Foof; Interactions with Others
You must be at least 18 years of age to access and use the Service. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you: (i) have the right, authority and capacity to enter into this Agreementand to abide by all of the terms and conditions of this Agreement; (ii) have never been convicted of a felony and that you are not required to register as a sex offender with any government entity; (iii) are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition, and you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface on Foof or by directly contacting us.In case of breach of the Terms by the User, the Owner reserves the right to suspend or terminate the User's account at any time and without notice.
The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:
Content available on Foof
Owner owns and retains all proprietary rights in Foof and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Foof Service contains the copyrighted material, trademarks, and other proprietary information of the Owner and its licensors. Unless otherwise stated, use of Owner’s content is permitted exclusively within the limits set forth below. .
The Owner grants the User, for the entire duration of the Agreement, a
personal, non-assignable and non-exclusive license for the use of such
content. Such license is solely intended for personal use of any such
content and never for its commercial use and is limited to the User's
device. Thus, the User may not use the Service in connection with any
commercial endeavors, such as advertising or soliciting any other user to
buy or sell any products or services. Users of the Service may not use any
information obtained from the Service to contact, advertise to, solicit, or
sell to any other user without his or her prior explicit consent.
Therefore, User may not copy and/or download and/or share (beyond the
limits set forth below), modify, publish, transmit, sell, sublicense, edit,
transfer/assign to third parties or create derivative works from the
content, even of third parties, available on Foof, nor allow any third
party to do so through the User or its device, even without User's
knowledge.The Ownershall at its discretion have the right to take any
available legal action in response to illegal and/or unauthorized uses of
Where explicitly stated on Foof, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Foof, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through Foof, that they upload and post on or through Foof, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service. Usersmay not post on Foof or transmit to the Owner or any other person (either on or off of Foof), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). User represents and warrants that all information that User submits upon registration is accurate and truthful and that you will promptly update any information provided by User that subsequently becomes inaccurate, misleading orfalse.
In addition to the types of Content described in Section above, the following is a list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:
The Owner does not operate any kind of moderation on the content published by the User or by third parties, but may decide to suspend or interrupt the visualization of said content in the event that:
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Foof.
By submitting, posting or displaying content on or through Foof, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
Content provided by third parties; Links
The Owner does not moderate the content or links provided by third parties before their publication on Foof. The Owner is not responsible for the content provided by third parties or for its availability.The Foof Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Owner is not responsible for the availability of such external websites or resources, and does not endorse and is notresponsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your communications to or business dealings with, or participation in promotions of, third parties found on or through the Foof or the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website orresource.
Services provided by third parties
Users may use third-party services or content included in Foof, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
Forbidden use or Activities
The Service shall be used only in accordance with these Terms.
Users may not:
Interaction with Others
YOU ARE ALONE RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU AGREE THAT THE OWNER DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. THE OWNER ALSO DOES NOT VERIFY THE STATEMENTS OF ITS USERS. THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE OWNER RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
The Owner is not responsible for the conduct of any user. In no event shall the Owner, its affiliates, members, officers, managers or its partners be directly or indirectly liable for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. In addition, you agree to review and follow the Owner’s Safety Tips, located in the Service, prior to using the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
Warranties, Indemnification and Limitation of Liability
Disclaimer of Warranties
THE OWNER PROVIDES THE SERVICES TO YOU STRICTLY ON AN "AS IS" BASIS. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE OWNER EXPRESSLY DISCLAIMS
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. THE OWNER MAKES NO WARRANTIES OR REPRESENTATIONS AS
TO THE ACCURACY OR COMPLETENESS OF ANY “CONTENT” AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY: (I) ERRORS, OMISSIONS OR INACCURACIES IN ANY
“CONTENT” ON FOOF, INCLUDING THIRD-PARTY CONTENT, OR ADOPT, ENDORSE OR
ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE FOOF SERVICE;
(II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING
FROM YOUR ACCESS TO AND USE OF THE “SERVICES” AND “Foof”; (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS AND/OR ANY INFORMATION
ACCESSIBLE THROUGH SUCH SYSTEMS; (IV) ANY INTERRUPTION OF THE “SERVICES”;
(IV) ANY VIRUSES, TROJAN HORSES, BUGS, MALWARE OR THE LIKE IN OR
TRANSFERRED THROUGH THE “SERVICES” OR THROUGH THE ACTIONS OF ANY THIRD
PARTY; (V) ANY ACCESS TO YOUR DEVICE AND/OR INFORMATION AVAILABLE THROUGH
SUCH ACCESS; AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF THE “SERVICES.”
THE OWNER DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY EVENT, PRODUCT OR SERVICE AVAILABLE THROUGH THE “SERVICES” OR ANY WEBSITE ACCESSIBLE THROUGH THE “SERVICES.”
NO ACTION FROM OR ON BEHALF OF THE OWNER OR ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Liability
IN NO EVENT WILL THE OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO
THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF CUSTOMER DATA OR OTHER INTANGIBLE
PROPERTY, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.
Except in the event of Owner’s gross negligence or willful misconduct, you agree to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, members, managers, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from: (i) your use of the Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
Under the Digital Millennium Copyright Act (“DMCA”), you can request that
Foof remove material that infringes a copyright. To do so you must file a
document that is known as a DMCA “takedown notice,” which must comply with
the requirements specified by the law. (If you have any questions on these
requirements that are not answered by this section of the Agreement, please
see Section 512(c)(3) of the Digital Millennium Copyright Act).
Your “takedown notice” must include:
You must send this takedown notice in physical form to Foof as follows:
131 Spirea Ct.
You can also send a copy by email to [email protected] but you must send the physical version described above to the physical mail address specified.
Term and Termination
This Agreement shall continue in effect until it is terminated by either the Owner or you. Upon termination, certain provisions of this Agreement shall survive as follows: your grant of licenses under this Agreement shall survive indefinitely; your indemnification obligations shall survive for a period of five years from the date of termination; the Owner’s disclaimer of warranties and representations and the provisions under the section called “General Terms” shall survive indefinitely.
Changes to this Agreement
Foof reserves the right to amend or otherwise modify this Agreement at any
time, informing you by email at the address you provided. Your continued
use of the Services after such changes will signify your agreement with and
acceptance of this Agreement with its revised terms. If you do not wish to
be bound by the changes, then your only recourse is to discontinue the use
of the Services.
This Agreement shall continue in effect until it is terminated by either Foof or yourself. Upon termination, certain provisions of this Agreement shall survive as follows: your grant of licenses under this Agreement shall survive indefinitely; your indemnification obligations shall survive for a period of five years from the date of termination; Foof’s disclaimer of warranties and representations and the provisions under the section called “General Terms” shall survive indefinitely.
This Agreement, and any rights and licenses granted in this Agreement, cannot be transferred or assigned by you without the Owner’s prior written permission, but may be assigned by Foof without restriction.
You consent to Foof contacting you by your email address. All communications relating to Foof must be sent using the contacts stated in this document. If you send a communication by email you must have valid confirmation of receipt to provide promptly to the Owner if requested.
The Owner may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on Foof. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The Owner’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.
Governing Law and Jurisdiction
This Agreement and the relationship between Foof and you and any dispute between the two of us, whether concerning the implementation, interpretation and validity of this Agreement or any other dispute based in tort, contract or other basis shall be governed by the laws of the State of Washington, USA, without regard to its conflict of laws principles.
Arbitration; Dispute Resolution .
Except for users residing within the European Union, Norway and elsewhere where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Owner in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Owner any class action, class arbitration, or other representative action or proceeding.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Owner (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Owner (except for small-claims court actions) may be commenced only in the federal or state courts located in King County, Washington. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Owner, shall be governed by the laws of the state of Washington without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
For users residing in the European Union, Norway or elsewhere where this arbitration agreement is prohibited by law, the laws of Washington, U.S.A., excluding Washington’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of King County, Washington, USA, and you and Foof consent to personal jurisdiction in those courts.
Service or Services
The service provided by Foof as described in these Terms and in Foof.
Any user of the Service, whether a human being or legal entity.
Terms and Conditions (or Terms)
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Order Processing Receipt
Indicates the email that the Owner sends upon receipt of the Order.
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
Example withdrawal form
131 Spirea Ct.
I/We hereby give notice that I/we withdraw from my/our contract of sale
of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
(sign if this form is notified on paper)
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin or any other State that adopts similar laws:
You may cancel and terminate this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice which states that you, as the consumer, are canceling this Agreement, or words of similar effect. This notice shall be sent to: Foof, Attn: Cancellations at the above address. Please include your Foof username and email address in any correspondence or your refund (if any) may be delayed. If you cancel, Foof will return, within ten days of the date on which you give notice of cancellation, any payments, if any, you have made. If you send or deliver the notice to cancel this Agreement within such three day period,wewillrefundthefullamount ofany payments made, if any, for yoursubscription.In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Foof) before the end of your subscription period, you shall be entitled to a refund of that portion ofany payment you had made for your subscription which is allocable to the period after your disability by providing the Owner notice at the same address as listed above.
Latest update: February 01, 2017