Terms & Condition
Effective date: 1 April 2019
These Terms of Service (the "Terms of Service") govern your use of FEETS Standard websites, apps and online services that we operate and that link to these Terms of Service (the "Services"). By using the Services, you accept and agree to be bound by this Agreement.
Please remember that Services are intended for your own business purposes only.
Please ensure that you have all necessary consents and permissions before you post any information about other users of the Services or your Business on FEETS.
1. Agreement
1.1 Your agreement with us incorporates these Terms of Service, and FEETS Standard Privacy Policy ("Agreement"). The provisions of this Agreement will control over any directly conflicting provisions of FEETS Standard Privacy Policy.
1.2 You represent and warrant that you have the capacity to enter into this Agreement relating to the Services.
2. Your Business Community and Groups
2.1 In order to create a FEETS account, you must either sign up with:
(a) an email address provided to you by your employer or other professional association or
organisation (the "Business") using their email business domain ("Business Email Domain”); or
(b) a personal email address, phone number or other credential that is not owned by a Business, you
will not have the opportunity to automatically join an existing FEETS community, unless you have been invited to it.
Any users within the same community can see other users in their community, create groups or join existing groups.
2.2 You acknowledge that you are solely responsible for the purposes for which you use the Services and for Your Content (defined below)
2.3 You acknowledge and agree that, at any time, if you have created a FEETS account:
(a) with a Business Email Domain, the Business may elect to assume and have full control over
(including the ability to delete): (i) the Business community; (ii) your FEETS account; (iii) any groups
that you create or join within a Business community; and (iv) all existing and future Content (defined
below); or
(b) with a personal email address, phone number or other credential that is not owned by a
Business, and have shared content within a Business group or community (or communities) which
were created or administered by users who have joined with a Business Email Domain, the Business
may elect to assume and have full control over (including the ability to delete): (i) the Business
community or communities; (ii) any groups that you create or join within that Business community;
and (iii) all existing and future Content shared within that Business community, including all FEETS
Chat content with members of that Business community.
3. Your Content
3.1 In this Agreement, "Your Content" means the content, materials and information, including without limitation, information, audio recordings, photographs, videos, documents or other materials that you create, send, submit, upload, publish, display, link or customise, store or transmit in connection with the Services.
3.2 You represent and warrant that you have or have secured all necessary rights (including intellectual property rights) and permissions to share, distribute, publish and make available Your Content and licence Your Content, and that Your Content will not infringe the rights of any third party. We do not claim ownership to Your Content, except for Our Content (defined below) that we license to you, which may be incorporated into Your Content.
3.3 Certain features of the Services enable you to submit or share Your Content to the Services or with other users. You understand that if you do this, Your Content will be visible to others and you agree that they may freely view, use, distribute, reproduce, display, adapt and transmit Your Content in connection with their use of the Services.
3.4 You are solely responsible for Your Content. We accept no responsibility for the accuracy or otherwise of Your Content that we store and process on your behalf. During the period in which you have a FEETS user account, you may delete Your Content stored on the Services. The creation of backup copies of Your Content is your sole responsibility, and we are not liable for any loss of or damage to Your Content.
3.5 In consideration of your access and use of the Services, you grant us, for the duration of your use of the Services, a worldwide, non-exclusive, unlimited, non- transferable, sub-licensable, fully paid-up, royalty-free licence to use/store Your Content, as required or permitted by this Agreement; or as otherwise agreed with you in writing. This licence ends on the earliest of the dates when Your Content or user account is deleted. However, you understand that removed content may persist in backup copies for a reasonable period of time.
4. Your Use of FEETS
4.1 In this Agreement, "Our Content" means the Services and the content information, materials, computer code and software that are part of the Services, including, without limitation, software, its "look and feel", images, text, graphics, illustrations, trademarks, photographs, audio, videos and sound, but excluding Your Content.
4.2 Subject to the terms and conditions of this Agreement, during the Term, you have a non-exclusive, non-transferable, non-sublicensable right to access and use Our Content for your own internal business purposes within your Business in accordance with this Agreement. No ownership rights are conveyed to you. FEETS and its licensors retain all right, title and interest (including all intellectual property rights) in and to the Services and any and all related and underlying technology, and any derivative works. No rights are granted to you, except as expressly set forth in this Agreement.
5. Acceptable Use and Your Content
5.1 Hate Speech: We do not allow hate speech on FEETS because it creates an environment of intimidation and exclusion and in some cases may promote real-world violence. We define hate speech as a direct attack on people based on what we call protected characteristics – race, ethnicity, national origin, religious affiliation, sexual orientation, caste, sex, gender, gender identity and serious disease or disability. We also provide some protections for immigration status. We define "attack" as violent or dehumanising speech, statements of inferiority, or calls for exclusion or segregation.
5.2 Do not post: Imagery or video of violence committed against people or animals with comments or captions by the poster that contains: enjoyment of suffering, enjoyment of humiliation, erotic response to suffering, remarks that speak positively of the violence; or remarks indicating that the poster is sharing footage for sensational viewing pleasure.
5.3 We may deploy automated technologies to detect child pornography or other abusive material that may harm our Services, users or others. We reserve the right, but, to the maximum extent allowable by law, disclaim any obligation to edit, suspend access to, limit distribution of or remove any of Your Content that we determine to be in breach of this Agreement.
6. Privacy Policy and Security
6.1 You should refer to the FEETS Privacy Policy for more details on how Your Content and data submitted to us or created as part of your use of the Services is managed.
6.2 We will take appropriate technical and organisational security measures against unauthorised or unlawful access to, use of or processing of your Content.
7. Third-party Websites
7.1 Our Content may contain links to third-party websites. This does not imply our endorsement of any website, and we are not responsible for the actions, content, information or data of third-party websites or actions or any links contained in them, or any changes or updates to them. Third-party websites will likely provide their own terms and conditions of use and privacy policies that may apply to you.
8. Suspension and Termination
8.1 We may terminate your account or this Agreement (in whole or in part) for any reason at any time.
8.2 We reserve the right to limit your access to, change, withdraw, suspend or discontinue the Services (or a part of them) at any time, at our sole discretion, without providing notice to you. We may do so, for example, if we are no longer able to provide a Service, if user feedback suggests that we need to make a change, due to technology improvements, or if our third-party service providers stop permitting us to use or provide access to their resources.
8.3 If your FEETS user account or the Services are terminated, your right to access and use the Services and Your Content immediately ends and any licences granted under this Agreement shall terminate.
9. Warranties and Limitation of Liability
9.1 You will resolve any claim, cause of action or dispute (claim) that you have with us, which arises out of or relates to this Agreement or FEETS application exclusively in Malaysia, and you agree to submit to the jurisdiction of the Malaysian law and courts for the purpose of litigating all such claims. The laws of Malaysia will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
9.2 If anyone brings a claim against us in relation to your actions, content or information on FEETS, you will indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on FEETS and are not responsible for the content or information that users transmit or share on FEETS. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that you may encounter on FEETS. We are not responsible for the conduct, whether online or offline, of any user of FEETS.
9.3 WE TRY TO KEEP FEETS UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FEETS AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FEETS WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT FEETS WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. FEETS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES; AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FEETS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Some Final Terms
10.1 This Agreement is written in English. To the extent that any translated version of this Agreement conflicts with the English version, the English version controls.
10.2 This Agreement makes up the entire agreement between you and us, regarding the Services, and supersedes any prior representations or agreements for the Services. You confirm that you have not relied on any prior representations or agreements. Headings are for reference purposes only and do not form part of this Agreement.
10.3 We may revise these Agreement from time to time. The current version of the Terms and Agreement will govern our relationship with you. We will try to notify you of material amendment, for example via a notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.