Please read these Terms of Service carefully (the “Terms”) as they contain important information about your rights and obligations, as well as legal remedies. By using or accessing the Feelmingo Platform, you agree to abide by these Terms.
Please note that Section 19 of these Terms contains an arbitration clause and a class action clause that applies to all Feelmingo Users. Reservations regulate dispute resolution with Feelmingo. By accepting these Terms, you agree to abide by the indicated arbitration clause and the clause on the class action. Please read these reservations carefully.
Thank you for choosing Feelmingo!
These Terms constitute the agreement between you and Feelmingo (see definition below), which is legally binding (“Agreement”) and govern your use of the Feelmingo site, including all of its subdomains, as well as other sites through which Feelmingo provides its services (hereinafter collectively referred to as “Website”), our applications for mobile phones, tablets, and other devices, as well as application program interfaces (hereinafter collectively referred to as “Application”), as well as all related Services (hereinafter collectively referred to as “Us Feelmingo meadows “). Feelmingo Website, Application and Services are hereinafter collectively referred to as “Feelmingo Platform”. Our Policies, applicable to your use of the Feelmingo Platform, are incorporated into this Agreement by reference to them.
By the terms “Feelmingo”, “website”, “we”, “us” or “our” as used in these Terms and Conditions means the company Feelmingo with which you enter into a contractual relationship.
Feelmingo doesn’t have an office yet, so we’ll refer to all emails to email@example.com
Partners are solely responsible for studying, understanding, and complying with all laws, rules, and regulations applicable to their Ads and Services (as defined below). In most countries, the Partner needs to register, obtain permission or license to provide the Services. Partners are solely responsible for collecting the necessary information and obtaining all licenses, permits, or registrations required to provide the Services. Some types of Partner Services may be prohibited under the threat of fines and other coercive measures. Penalties can be either in cash or in the form of other mandatory measures. If you have questions about the application of local law to your service on the Feelmingo platform, seek legal advice.
1.1. The Feelmingo platform is an online platform that allows registered users (“Users”) and certain third parties to offer services (Users and third parties offering services are referred to as “Service Providers”, and the services they offer - “Supplier Services”), publish announcements offering Feelmingo Platform Provider Services (“Ads”), as well as communicate and perform operations directly with Users who wish to book these Supplier Services (Users using the Services These suppliers are referred to as “Customers”). Vendor services may include leasing of air, water, and ground transportation, entertainment, and sports venues, organizing single, group, or multi-day entertainment events in various categories (“Entertainment”), access to unique events and territories (“Events”), as well as other services, related or not related to entertainment and tourism.
1.2. Feelmingo provides the Feelmingo Platform and does not own, does not create, does not control, does not rent, does not offer, does not provide or does not provide any entertainment or Provider Services, and does not manage them. Feelmingo is also not a travel organizer or seller of travel packages within the meaning of EU Directive 2015 / 2302. The service provider is solely responsible for its Ads and Services. By accepting or creating a reservation, Users enter into a contractual relationship directly with each other. Feelmingo is not a party or other party to any contractual relationship between Users and is not an insurer. Feelmingo does not act as a User-Agent.
1.3. Although we can assist in the resolution of disputes, Feelmingo does not control and does not guarantee:
Feelmingo does not recommend any Service Provider, Ad or Service Provider. Any indication that the Service Provider is “confirmed” (or other similar definitions) means only that the Service Provider has passed the appropriate verification or verification procedure. Any such definitions do not constitute Feelmingo’s recommendation or guarantee in relation to any Service Provider, including with respect to the accuracy of information about him or the absence of any wrongdoing, his reliability, safety or compliance. When deciding to rent vehicles or entertainment venues, take part in an Entertainment or Event, as well as use other Service Providers, accepting a booking request from a Customer, as well as communicating and interacting with other Users, both online and personally, you should exercise due diligence and attention. Proven images (see definition below) are intended solely for the photographic representation of services, facilities, or vehicles at the time of taking a photo, and are not Feelmingo’s recommendation for any Service Provider or Ad.
1.4. If you decide to use the Feelmingo Platform as a Service Provider, then your relationship with Feelmingo is limited to independent third-party contractors. In this case, you are not an employee, agent, participant in a joint venture, a representative or partner of Feelmingo, but act solely on your own behalf and in your own interests, but in no case on behalf of or in the interests of Feelmingo. Feelmingo does not control or control you or your activities under this Agreement, including when you provide the Services, and should not be considered as such. You acknowledge that you offer the Services and participate in other business or labor relations on your own initiative.
1.5. To promote the Feelmingo Platform and increase ad views by potential Customers, Announcements and other Custom Content can be displayed on other sites, in applications, in emails, as well as in online and offline advertising. To help users who speak different languages, Ads and other User Content can be fully or partially translated into other languages. Feelmingo cannot guarantee the accuracy or quality of such translations, and Users are solely responsible for viewing and verifying them. Feelmingo Platform may display translations created by Google. Google disclaims any express or implied warranties with respect to these translations, including any warranties of accuracy and correctness, as well as any implied warranties of merchantability, fitness for any purpose or rights.
1.6. The Feelmingo platform may contain links to third-party sites and resources (“Third-party services”). The use of Third Party Services may be subject to other terms and conditions, including terms of confidentiality. Feelmingo is not responsible for the availability or accuracy of Third Party Services, nor for the content, products or services of Third Party services. The presence of references to Third-Party Services does not imply any warranty regarding Third Party Services by Feelmingo.
1.7. Due to the nature of the Internet, Feelmingo cannot guarantee the continuous and continuous availability of the Feelmingo Platform. Feelmingo may limit the availability of the Feelmingo Platform, its sections, or functions if it is necessary to maintain the proper throughput, security, or integrity of our servers, as well as to carry out technical activities that ensure the proper or improved operation of the Feelmingo Platform. Feelmingo can improve, expand, and modify the Feelmingo Platform, as well as introduce new Feelmingo Services.
2.1. To access and use the Feelmingo Platform, as well as to register a Feelmingo Account, you must be at least 18 years old, or you must be established in the prescribed manner, legally existing under the laws of the country where the activity is registered locations that have the ability and authority to enter into legally binding agreements.
2.2. You agree to comply with all applicable local export control laws. You also warrant that:
2.3. Feelmingo may condition access to certain sections and functions of the Feelmingo Platform, as well as their use of certain conditions, such as requiring verification or meeting certain criteria, achieving certain Rating or Review values, as well as User history and cancellation options.
2.4. Verification of users or service provider companies on the Internet is a difficult task, and we are not responsible for confirming the identity of Users or the Legal activities of Service Providers. Notwithstanding the foregoing, in order to ensure transparency of operations and prevent fraud, we may, but are not obliged to, take the following measures within the framework of current legislation:
2.5. Access to the Feelmingo Platform or the use of its specific sections and functions may be governed by separate rules, standards, and guidelines or may require additional conditions to be accepted before you can access the relevant sections or functions of the Feelmingo Platform. Unless otherwise indicated, in the event of a conflict between these Terms and Conditions applicable to specific sections or functions of the Feelmingo Platform, the latter shall prevail in connection with the use of or access to these sections and functions.
Feelmingo reserves the right to amend these Terms at any time in accordance with this regulation. If changes are made to these Terms, the updated Terms are published on the Feelmingo Platform with the date of the last update at the top of the first page of the Terms. We will also notify you of the changes made by e-mail at least 30 (thirty) days before the changes take effect. In case of disagreement with the updated Terms and Conditions, you may terminate this Agreement with immediate effect from the termination. We will inform you of the right to refuse and terminate the Agreement in a notice sent by email. By not terminating the Agreement prior to the effective date of the changes and continuing to use the Feelmingo Platform, you hereby acknowledge the acceptance of the updated Terms.
4.1. To use certain functions of the Feelmingo Platform, including to publish an Ad or to book transport, playground, or entertainment, you must register an account (“Feelmingo Account”). If you register a Feelmingo Account on behalf of an organization, company, or other legal entity, you warrant that you have the authority to incur obligations on behalf of this company or legal entity and grant us all the permissions and licenses provided for in these Terms.
4.2. To register a Feelmingo Account, you can use your mobile number
4.3. You are required to provide accurate, valid, and complete information during registration, as well as to keep up to date with your Feelmingo Account and Feelmingo Account Open Profile.
4.4. You cannot register more than 1 (one) Feelmingo Account without the permission of Feelmingo. You may not assign or otherwise transfer your Feelmingo Account to third parties.
4.5. You are responsible for maintaining the confidentiality and security of Feelmingo Account credentials and cannot disclose your credentials to third parties. You must immediately notify Feelmingo if you become aware or have reason to believe that your credentials have been lost, stolen, misappropriated, or otherwise compromised, and also in the event of unauthorized use or suspicion of such use. You are responsible for all actions carried out through your Feelmingo Account, except in cases where such actions were not authorized by you and are not the result of your negligence.
4.6. Feelmingo can activate features that allow you to allow other Users or certain third parties to perform certain actions in relation to your Feelmingo Account. Feelmingo never authorizes any third parties to request your credentials, and you agree to never request the credentials of other Users.
5.1. Feelmingo may, at its discretion, provide Users with the opportunity to:
5.2. Feelmingo Platform, Feelmingo Content, and User Content may be fully or partially protected by copyright laws, trademarks, and/or other laws of the countries. You agree that Feelmingo Platform and Feelmingo Content, including all related intellectual property rights, belong exclusively to Feelmingo and / or its licensors or third-party owners. You may not remove, alter, or hide any copyright, trademark, service mark, or other proprietary rights notices that are part of or associated with Feelmingo Platform, Feelmingo Content or User Content. All trademarks, service marks, logos, commercial and other Feelmingo protected designations used on the Feelmingo Platform, in or related to Feelmingo Content are trademarks or registered trademarks in the European Union and other countries. Trademarks, service marks, logos, commercial designations, and any other third-party protected designations used on the Feelmingo Platform, Feelmingo Content and/or Collective Content, or associated with them, are used for identification purposes only and may be the property of their respective owners.
5.3. You may not copy, adapt, modify, distribute, sell, assign, publicly display, publicly perform, broadcast, transmit or otherwise use the Feelmingo Platform or Collective Content, or develop derivative works based on them or provide licenses to them, except in ways expressly provided for in these Terms or in the event that you are the legal owner of certain User Content. No licenses or rights are granted to you, indirectly or otherwise, in accordance with intellectual property rights owned or controlled by Feelmingo or its licensors, with the exception of licenses and rights specifically provided for in these Terms.
5.4. Subject to your compliance with these Terms, Feelmingo grants you a limited, non-exclusive and non-sublicensed license with the option of revocation and no right of transfer:
5.6. Feelmingo may offer service providers to take a professional photo of their Services so that Partners can add the pictures they received from the photographer to the Ads labeled “Verified Feelmingo.com photos” or similar wording (“Verified Images”) or without such marks. You are solely responsible for the accuracy of displaying your Services on the Verified Images and agree to stop using the Verified Images on or through the Feelmingo Platform if they no longer reflect the real state or entertainment process in the Ad, if you have stopped providing the Services depicted or if your Feelmingo Account was For any reason, deleted or suspended. You agree that Feelmingo has the right to use any Verified Images in accordance with Section 5.5 for promotional, marketing, and/or other commercial purposes, on any media and platforms, either in connection with your Ad or in any other context, without additional notifications and any compensation. If Feelmingo is not the exclusive owner of the Verified Images, then using similar Verified Images on or through the Feelmingo Platform, you provide Feelmingo with a non-exclusive, worldwide, royalty-free, perpetual (or for the term of the grant of protection) and an irrevocable license with the right to sublicense to use the Verified Images in advertising, marketing and/or other commercial purposes, on any media and platforms, both in connection with your Ad and in a different context, without further notice and any compensation. Feelmingo, in turn, grants you a limited, non-exclusive and non-sublicensable license with the option of revocation and without the right to transfer to the Use of Verified Images outside of the Feelmingo Platform solely for your personal and non-commercial use.
5.7. You are solely responsible for all User Content that you post on or through the Feelmingo Platform. Accordingly, you represent and warrant that:
5.8. You agree not to publish, download, post, or transmit User Content that:
Feelmingo may, without prior notice, remove any User Content or terminate access to any User Content that Feelmingo believes is in violation of applicable law, these Terms or existing Terms and Conditions or Community Standards, or otherwise may be detrimental to Feelmingo and its Users, third parties or property.
5.9. Feelmingo complies with copyright laws and expects the same from its Users. If you believe that any content on the Feelmingo Platform infringes on your copyrights, please let us know in accordance with the Intellectual Property Policy.
6.1. Feelmingo may charge fees to service providers (“Supplier Charges”) and / or Customers (“Customer Charges”; collectively referred to as “Service Charges “) For using the Platform. Information on when to apply and how the Service Charge is calculated is provided on the Service Collection Information Page.
6.2. All applicable Service Charges, including Taxes, will be shown to the Service Provider or the Client prior to the publication of the Announcement or booking of entertainment, transport, and the sites for the Announcement. Feelmingo reserves the right to change the Service Fees at any time by notifying the Users in advance before the changes take effect. Changes in fees will not affect reservations made prior to the entry into force of a change in fee.
6.3. You are responsible for transferring Feelmingo Fee Charges. Applicable Service Fees, together with all Taxes, are collected by Feelmingo. Feelmingo deducts Provider’s Charges from the Tariff on the ad before transferring the payment to the Service Provider. All Customer Fees are included in the Total Fees charged by Feelmingo. Service charges are non-refundable unless otherwise indicated on the Feelmingo Platform.
7.1.1. When you create an Ad using the Feelmingo Platform, you must:
You are responsible for maintaining the relevance of the information specified in your Ad (including information about free dates).
7.1.2. You are solely responsible for setting the price for rental sites, transport, or for organizing entertainment (including all applicable taxes or additional expenses, such as inventory fees, insurance, and other expenses) for the Announcement ( “Ad Rate”). After the Client has submitted a reservation request for your Ad, you cannot request the Guest to pay more than indicated in the reservation request.
7.1.3. Photographs, animated images, or videos (“Images”) used in your Advertisement must accurately reflect the quality and condition of your Services. Feelmingo reserves the right to set the minimum number of Images for a particular format, size, and resolution in the Advertisement.
7.1.4. The placement and position of Ads in the search results on the Feelmingo Platform may vary and depends on many factors, including the search parameters and preferences of the User, Partner’s requirements, price and calendar availability, quantity and quality of Images, history customer interactions and cancellations of Reservations, Ratings and Ratings, such as providing services and/or ease of booking. You can learn more about the factors that determine how your ad appears in search results at Help Center.
7.1.5. By accepting or pre-approving the Client’s request for a reservation, you enter into a legally binding agreement with him and undertake to provide him with your Services in accordance with the description that was present in your Advertisement at the time of sending the request for reservation. In addition, you agree to pay the Supplier Collection and all applicable Taxes.
7.2.1. In one ad, you can specify only one entertainment, platform or unit of transport, unless otherwise expressly authorized by Feelmingo.
8.1.1. Using the appropriate booking procedure, you can book an entertainment or sports ground, transport, or entertainment on an Ad hosted on the Feelmingo Platform, subject to compliance with all requirements established by Feelmingo and / or the Service Provider (including requirements for the verification process). All applicable fees, including the Ad Tariff, Customer Fees, and all applicable Taxes (collectively referred to as “Total Cost”) will be brought to your attention before booking on the Announcement. You agree to pay the Total Cost of any bookings made using your Feelmingo Account.
8.1.2. At the time of receiving the booking confirmation from Feelmingo, you enter into a legally binding contractual relationship with the Service Provider, which may be subject to additional terms and conditions on the part of the Partner, including the current cancellation rules and rules and restrictions specified in the ad.
8.1.3. If you book the Provider Services on behalf of other customers, you must ensure that all additional customers comply with the requirements of the service provider, familiarize them with these Terms and Conditions, requirements, rules, and restrictions of the Service Provider, and also obtain their acceptance of these conditions. If you make a reservation for a minor child, you warrant that you have the legal authority to act on behalf of this minor child. Minors may participate in Amusements and Events, as well as use other Suppliers’ Services, exclusively if accompanied by an adult who is responsible for them.
8.2.1. You understand that the confirmed booking of the Entertainment and / or Sports grounds (“Reservation”) is a limited permission to enter, stay, and use it, provided to you by the Landlord for the term of your stay During this period, the Landlord retains the right to visit the Entertainment and / or Playground in accordance with the requirements of current legislation and by agreement with you if allowed by applicable law.
8.2.2. You agree to release the Entertainment and / or Sports Venue no later than the end time of the lease specified by the Lessor in the Announcement, or other time agreed by you with the Lessor. If you stay on the site after the agreed departure time without the Partner’s consent (“Exceeding the period of stay”), you lose your residence permit, and the Landlord has the right to force you to release the site by any means provided for by the current legislation.
8.3.1. You must carefully read the description of the booked Entertainment, Event, or other Provider Services and make sure that you (as well as all other clients for whom you are booking) meet the requirements for the minimum age, skills, and fitness level. as well as other requirements specified by the Supplier in the Announcement. You may, at your own discretion, notify the Service Provider of medical and physical features or other circumstances that may affect your ability to participate in an Entertainment, Event, or other Provider Services, as well as the possibility of other customers participating. At the venue of the Entertainment or Event or the provision of other Supplier Services, certain laws may apply, including the age limit for alcohol consumption. You are solely responsible for studying and complying with all laws, rules, and regulations applicable to your participation in the Impression, Event, or other Supplier Services.
8.3.2. Before and during participation in an Entertainment, Event, or other Provider Services, you must follow the instructions of the service provider.
8.3.3. You cannot bring additional persons for Entertainment, Event, or other Provider Services if you have not indicated these persons as additional clients when booking on the Feelmingo Platform.
9.1. Service providers and Clients are responsible for any changes made to the booking directly through the Feelmingo Platform or with the help of Feelmingo support staff (”Reservation Changes”), and undertake to pay any additional fees similar booking changes, including ad rates, charges from the service provider or customer and / or taxes.
9.2. Customers can at any time cancel a confirmed reservation in accordance with the cancellation policy established by the Service Provider, and Feelmingo will transfer the refund amount to the Customer in accordance with the cancellation policy. In the absence of valid reasons, all amounts payable to the service provider in accordance with the applicable cancellation policy will be transferred to the service provider by Feelmingo in accordance with the Terms of Payment Services.
9.3. If the confirmed reservation is canceled by the Service Provider, the Client will receive a full refund of the Total Booking Cost. Feelmingo may allow the Customer to apply the refund amount to a new reservation. In this case, Feelmingo will credit the refund amount to the payment of a new reservation created by the Client. Feelmingo may also publish an automatic review in the Partner Advertisement that the Service Provider has canceled the reservation. In addition, if the Service Provider did not have valid reasons for cancellation of the reservation in accordance with the Regulations Feelmingo for Applying Reasonable Causes or well-founded concerns caused by the Client’s behavior, Feelmingo may:
9.4. If conducting Entertainment and Events or providing other Provider Services turns out to be unsafe for the Client due to the weather, or if they interfere with the Provider to provide the Provider Service, rendered mainly outdoors, Providers may cancel their provision. Feelmingo may also cancel the Provider Services if other conditions exist that do not allow the Provider to safely provide the Provider Services by the Service Provider.
9.5. In certain circumstances, Feelmingo may, at its discretion, cancel a pending confirmation or confirmed reservation and initiate a refund or payment of the relevant funds. Such a decision may be made for the reasons stated in the Regulations Feelmingo for Applying Reasonable Causes, either:
9.6. If the Customer or Feelmingo cancels the confirmed reservation, the customer will be refunded to the Customer in accordance with the Terms of Compensation, Regulations Feelmingo for Applying Reasonable Causes or other cancellation policy specified by the Service Provider and mentioned in the Announcement after the Service Provider has already received payment, Feelmingo will be eligible for refund amounts from the Service Provider, including by withholding this amount from future payments to the Service Provider.
9.7. Users may use the Feed-back form to send or request refunds, additional Supplier Services or Claims for damages in connection with the reservation unless these Terms and Conditions indicated otherwise. You agree to pay all amounts sent through the Problem Resolution Center for your Feelmingo Account. These payments will be processed by Feelmingo.
10.1. Within a certain time after completion of the reservation, Customers can leave a public review (“Reviews”) and rate (”Rating”) the Service Provider. Ratings and Reviews reflect the subjective opinion of Users and do not reflect the opinions of Feelmingo. Feelmingo does not verify the accuracy of Reviews and Ratings, which may be incorrect or misleading.
10.2. Ratings and User Reviews must be accurate and may not contain offensive or libelous statements. Ratings and Reviews must comply with the requirements of Section 5, as well as the Feelmingo Information Statement and Feelmingo Anti-Extortion Policy .
10.3. Users are prohibited from interfering in any way with the system of Ratings and Reviews, including asking third parties to write positive or negative Feedback about another User or Service Provider.
10.4. Ratings and Reviews are part of the public profile of the User and may be displayed in other sections of the Feelmingo Platform (for example, on the Announcement page) along with other relevant information, including the number of bookings and cancellations, average response time and other information.
11.1. The client undertakes to leave the site, transport, and/or equipment in the same condition as at the time of arrival. The Client is responsible for his own actions and omissions, as well as for the actions and omissions of the persons invited by him and the persons to whom he granted access to the site, transport or inventory, excluding the Service Provider, as well as any persons representing or acting in the interests of the service provider.
11.2. Users agree to cooperate in good faith with Feelmingo, provide information to Feelmingo and carry out actions that may reasonably be requested by Feelmingo in connection with the Claims for Indemnification, other complaints or claims of the Users regarding:
Subject to a reasonable request from Feelmingo, the User agrees to participate free of charge in mediation or similar dispute resolution procedures with other Users conducted by Feelmingo or a third party at the choice of Feelmingo or its insurer, due to losses that the User requires compensation from Feelmingo.
When transferring funds by Customers or Service Providers, Feelmingo supports any amount with fractionality up to the minimum existing currency in the payment currency (i.e., to US cents). In cases where the third-party payment operator Feelmingo does not support the transfer of amounts with fractionality to the minimum existing currency in the payment currency, Feelmingo has the right, at its discretion, to round the displayed amounts paid by Customers or Partners to the nearest whole payment currency unit ( that is, to the nearest dollar, euro, ruble, or other supported currency); for example, Feelmingo can round up $ 101.50 up to $ 102, and $ 101.49 down to $ 101.
13.1. The service provider is solely responsible for determining its obligations to collect, transfer or include in the Tariff for the declaration of applicable VAT or other indirect sales taxes, service taxes, tourist or income tax (”Taxes” ), as well as responsibilities for the delivery of the necessary tax reports.
13.2. Tax legislation may require us to collect relevant tax information from the Service Provider and / or deduct Taxes from payments to the Service Provider. If the Landlord does not provide us with the documentation obligatory under applicable law (for example, tax number) sufficient to fulfill our tax obligations to withhold taxes from the payment amount, we reserve the right, at our own discretion, to delay the payment of these amounts in the amount corresponding to the tax amount, in accordance with the law until the situation is resolved.
13.3. You understand that the competent state agencies, services, and/or departments (“Tax authorities”) at the location of your organization may require from Clients or the Supplier tax collection services depending on the Ad Tariff and transfer of these amounts to the relevant tax authorities. Depending on the current legislation, the tax amount may be expressed as a percentage of the Tariff of the advertisement set by the Service Provider, have a fixed rate per day of residence, or otherwise be calculated. Such Taxes may be referred to as “city taxes”, “tourist taxes” (”Entertainment Taxes”).
14.1. You are solely responsible for compliance with all laws, regulations, by-laws, and tax obligations that may apply or arise in connection with your use of the Feelmingo Platform. Using the Feelmingo Platform, you agree not to do it yourself, and not to help or allow other people to do the following:
14.2. You acknowledge that Feelmingo is not obliged to monitor access to the Feelmingo Platform or its use by Users, to check or edit any User Content or to terminate access to it, but has the right to:
14.3. If you consider that the User, with whom you interact personally or on the Internet, behaves in an inappropriate manner, including:
then you should immediately report this to the competent authorities, and then notify Feelmingo, telling us the number of your police station or other competent state authority and the number of the application (if any). You agree that your notice does not oblige us to take any action beyond those stipulated by law (if any).
15.1. This Agreement is valid for 30 days, after which it is automatically extended for the next 30 days until terminated by you and Feelmingo in accordance with this provision.
15.2. You can terminate this Agreement at any time by sending us a notification email. If you delete your Feelmingo Account as a Service Provider, all confirmed reservations will be automatically canceled, and your customers will receive a full refund. If you delete your Feelmingo Account as a Customer, all confirmed bookings will be automatically canceled, and the refund will be made in accordance with the cancellation rules specified in the Announcement.
15.3. Feelmingo may, at its sole discretion, terminate this Agreement at any time, sending you a corresponding e-mail notification 30 (thirty) days in advance, which does not limit Feelmingo’s rights below.
15.4. Feelmingo may immediately and without prior notice terminate this Agreement and / or deny access to the Feelmingo Platform in the following cases:
15.5. In addition, Feelmingo can take any of the following measures:
15.6. If any measures mentioned above were applied to you, then:
15.7. In the event of termination of this Agreement, you are not entitled to reinstate your Feelmingo Account or User Content. If your access to the Feelmingo Platform is limited, your Feelmingo Account is suspended or this Agreement is terminated by our initiative, then you have no right to register a new Feelmingo Account, attempt to access or use the Feelmingo Platform through another Feelmingo Account.
15.8. In the event of termination and expiration of this Agreement ** Section 5 ** and ** Sections 16 to 22 ** of the Terms remain valid.
You use the Feelmingo Platform and Collective Content voluntarily and at your own risk. Feelmingo Platform and Collective Content are provided on an “as is” basis, without any express or implied warranties.
You acknowledge that you have all the necessary facilities and means to study the Feelmingo Services, laws, rules, and regulations that may apply to your Advertisements and / or Supplier Services that you receive. You also acknowledge that you do not rely on any statements by Feelmingo for legal and other matters regarding any Advertisement.
The fact that we carry out verification of the identity or trustworthiness of any User to the extent permitted by applicable law does not entail the provision of express or implied guarantees that as a result of the inspection all facts of offenses committed by Users in the past will be established, and their offenses will be excluded in the future.
You agree that certain Entertainment, Events, other Provider Services may be associated with certain risks. By using these Provider Services, you voluntarily assume these risks. For example, some Provider Services may involve the risks of illness, injury, physical injury or death, and using the Provider Services you voluntarily and consciously accept these risks. You assume full responsibility for actions performed before, during, and after the use of the Provider Services. You are solely responsible for minor children when using the Provider Services. You agree to indemnify and hold Feelmingo free from any liability and claims arising in the event of injury, death, damage, or harm to such minors during the use of or in connection with the Services of the providers, to the maximum extent permitted by law.
The foregoing disclaimer applies to the extent permitted by applicable law. You may have other rights provided by law. At the same time, the scope of the granted mandatory rights and guarantees (if any) will be limited to the maximum extent permitted by law.
You agree that, to the maximum extent permitted by law, you take all the risk arising from your access to the Feelmingo Platform and Collective Content or their use, publication or booking of Ads via the Feelmingo Platform, your location on the sites, participation in Entertainment or Events, in connection with the use of other Suppliers Services or other interaction with other Users both on the Internet and in person. Neither Feelmingo nor any other person participating in the provision of the Feelmingo Platform or Collective Content shall be liable for incidental damages, damages determined by the special circumstances of the case, as well as for punitive damages or incidental damages, including lost profits, lost data or damage to business reputation, service interruptions, damage to the computer or system malfunction, the cost of replacing products or services, for any damages due to personal injury, for personal injury or moral any damage arising from:
To the maximum extent permitted by applicable law, you agree to indemnify, protect (at Feelmingo’s sole discretion), pay damages, and protect Feelmingo, its affiliates, subsidiaries, and their officers, including directors, employees, and agents, from any claims, liability, damages, losses, and expenses, including reasonable legal and accounting expenses, in any way related to:
19.1. Overview of the dispute resolution procedure. Feelmingo makes every effort to ensure that the dispute resolution procedure is convenient for consumers. In this regard, the dispute resolution process established by these Terms and Conditions for individuals, to which clause 19.1 applies, involves two stages:
19.3. Arbitration Agreement. Both you and Feelmingo agree that any dispute, claim or controversy arises in connection with these Terms or their applicability, violation, termination, validity, performance or interpretation, as well as in connection with the use of the Feelmingo Platform, Suppliers Services, Service group payment or Collective Content (hereinafter - “Disputes”) will be resolved through individual arbitration, binding on the parties (“Arbitration Agreement”). In the event of a disagreement about the possibility of the execution or application of this Arbitration Agreement to the Dispute, you and Feelmingo agree to submit the decision of this question to the arbitrator.
19.4. Exceptions to the Arbitration Agreement. You and Feelmingo agree that the following requirements are excluded from the Arbitration Agreement and are subject to review in a court of competent jurisdiction:
19.5. Refusal to consider lawsuits by a jury. Both you and Feelmingo waive the right to a jury for all Disputes that are subject to arbitration.
19.6. Refusal to participate in group or class actions. Both you and Feelmingo refuse to the extent permitted by the applicable law to participate in class actions, collective arbitration, and collective administrative proceedings as a plaintiff or participant. In addition, in the absence of any other written agreements between you and Feelmingo, the arbitrator cannot pool the claims of various persons and hold court hearings in collective proceedings. If the refusal of a “class action” or a “group appeal to arbitration” under this section 19.6 is deemed to be unenforceable under any Dispute, then the Arbitration Agreement will not be applied to this Dispute, and the Dispute must be submitted to the court. If the waiver of “collective administrative processes” or “representative action” under this clause 19.6 is deemed to be unenforceable in any Dispute, these waivers may be separated from the Arbitration Agreement, and you and Feelmingo agree that any general and representative claims by the attorneys in the Dispute will be separated and suspended until individual arbitration resolves any claims in this Dispute subject to arbitration.
19.7. Separate action. Except as provided for in clause 19.6, if any part of this Arbitration Agreement is deemed illegal or unenforceable, this part will be considered excluded, and all other provisions of the Arbitration Agreement will remain in force.
19.8. Changes. If Feelmingo makes a change to Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date of your first acceptance of these Terms or acceptance of subsequent changes to these Terms, you can refuse to accept these changes by sending us a written notice (including email) ) within 30 (thirty) days from the effective date of these changes, indicated at the top of the page, or from the date of the email in which Feelmingo notified you of this change, even if the provisions of section and 3 ( “Changes in these Terms and Conditions”) to the contrary. Your rejection of the new change does not revoke or modify your consent given earlier, and previous arbitration agreements. A dispute between you and Feelmingo (or your previously given consent to its subsequent changes) that will remain valid and will apply to any Dispute between you and feelmingo.
19.9. Continuation. Except as provided for in clause 19.7, and subject to the provisions of clause 15.8, section 19 of this Agreement remains in force after termination of the Terms and applies even after you discontinue using the Feelmingo Platform or delete your Feelmingo Account.
We welcome and encourage any feedback, comments, and suggestions for improving the Feelmingo Platform (“Suggestions”). You can send us your offers by email, using the “Contact Us” of the Feelmingo Platform or in any other way. All Proposals you send are not treated as confidential and are not considered your property. By submitting to us the Offer, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license with the right to sublicense the use and publication of ideas and materials for any purpose and without paying you compensation.
21.1. These Terms constitute an exhaustive Agreement between Feelmingo and you regarding the use of and access to the Feelmingo Platform, canceling and replacing all oral and written agreements and agreements that previously existed in this regard, except for the addition of additional rules, standards, regulations or conditions.
21.2. This Agreement or your use of the Feelmingo Platform does not imply the creation of any joint venture or partnership between you and Feelmingo, as well as the establishment of labor or agency relationships.
21.3. These Terms do not imply and cannot be interpreted as giving any rights or remedies to any person other than the parties to the contract.
21.4. If any of the provisions of these Terms is deemed invalid or unenforceable, this provision will be considered deleted and will not affect the validity and enforceability of the remaining provisions.
21.5. The enforcement of any right or provision of these Terms and Conditions by Feelmingo does not imply its refusal to enforce this right or provision in the future. Except as expressly provided in these Terms, the use of any of the parties to any of the remedies in its possession provided for in these Terms will not restrict the use of other remedies at its disposal provided for in these Terms or permitted by law.
21.6. You may not assign, transfer or delegate this Agreement, or your rights and obligations under this Agreement, without the prior written consent of Feelmingo. Feelmingo may, without limitation and at its discretion, assign, transfer or delegate this Agreement, as well as its rights and obligations under this Agreement, by sending you a notification within 30 days. You have the right to terminate this Agreement at any time.
21.7. Unless otherwise specified, all notifications or other messages sent by Users to this Agreement are either required or required by this Agreement in electronic form and sent by Feelmingo by email, by posting on the Feelmingo Platform or by sending messages (including SMS and other ways).
21.8. If you have any questions regarding these Terms, please contact us at firstname.lastname@example.org.