Last updated: June 18, 2024
General
This document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of FeatsClub.
The domain name featsclub.com (hereinafter referred to as "Website") & FeatsClub mobile application on all platforms (hereinafter referred to as “App”) is owned by
FeatsClub Inc., a Delaware corporation (Hereinafter referred to as “Company/FeatsClub” ), having its registered office at: 16948 BottleBrush Ct, Chesterfield, Missouri, 63005.
The use of this Website and App, and any other mode used by you to access our services are governed by this policy and any policy so mentioned by terms of reference. Moving past home page, downloading our App or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding on You and that You are contracting with the Company and have undertaken binding obligations with the Company
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person utilizing any service made available through the Website and apps delivered on all mobile devices. The term "We" , "Us" , "Our" shall mean FeatsClub.
You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website & app, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.
We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the Website or apps on all mobile devices, following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website or App and the services offered therein.
By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia Privacy Policy, which would be amended from time to time.
About FeatsClub:
FeatsClub is a platform designed to streamline the management of activities and operations for various organizations. It caters to a diverse range of entities, including schools, clubs, academies, nonprofits, cultural groups, and other extracurricular service providers. FeatsClub also supports students and individuals who participate in these services, focusing on skill development and practice. The platform aims to facilitate efficient organization, communication, and engagement within these communities.
Membership
The membership of this Website and App is available only to those who are not covered under ‘Incompetent to Contract’ under the United States contract law, which inter alia include insolvents. If you are a minor, you may use the services through your legal guardian and we reserve all rights to terminate your membership / account on knowledge of you being a minor.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder
Communications
BY using this Website or Apps, it is deemed that you have consented to receive calls, messages and emails through provided contact information at any time in future. You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website or App.
Charges
FeatsClub provides a free tier with basic features. For access to the next level of features, users need to complete a one-time verification by paying a fee. Higher-tier features are available through a monthly subscription or custom payment terms as mutually agreed between FeatsClub and the user of FeatsClub services. Any changes to the pricing are effective as soon as they are posted on the Site or App.
User Obligations
You are a restricted user of this Website and App on all devices.
5.1 You are bound not to modify, recreate, reverse engineer, publish or create derivative works from, transfer, or sell any software obtained from the Website and app. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and App is not permitted.
5.2 You agree not to access (or attempt to access) the Website and App and/or the materials or Services by any means other than through the interface that is provided by the Website and app. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and App is specifically prohibited.
5.3 In places where this Website and App allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of other users;
- Engage in any activity that interferes with or disrupts access to the Website or App or the Services (or the servers and networks which are connected to the Website and App);
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website and App, or any other customer of the Website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the websites or any affiliated or linked sites;
- Use the Website, App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website, App or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside United States;
- Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Threatens the unity, integrity, defence, security or sovereignty of United States, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website and App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation, to monitor the materials posted on the Website and App. We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.
Changes to our Terms and Termination of the Services
We reserve the right, in our sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of our Services and Materials, and will post updates to these Terms on this webpage with a new effective date. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, we are under no obligation to update Materials. We may also make changes in the products, services, programs, or prices (if any) described in our Services at any time without notice. Your continued use of our Services after any change we make to our Services will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because your use of our Services will be governed by the then-current Terms and Privacy Notice.
These Terms will remain in full force and effect so long as you continue to access or use our Services, or until terminated in accordance with the provisions of these Terms. At any time, we may: (i) suspend, withdraw, discontinue, change, or terminate either our Services in general or (ii) suspend, withdraw, discontinue, change, or terminate these Terms and your rights to access or use our Services for any reason, particularly if we believe that you have restricted or inhibited any other user from using or enjoying our Services or in any other way have used our Services in violation of these Terms. Upon termination of these Terms, your authorization to use our Services automatically terminates and you must immediately destroy any downloaded or printed Materials.
Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, APP, SERVICES AND ALL INFORMATION PROVIDED ARE PROVIDED BY THIS WEBSITE AND APP IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, APP SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR INFORMATION OBTAINED THROUGH THE WEBSITE AND APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY FOR THE SAME. WE ARE NOT RESPONSIBLE FOR ANY ERRORS WHILE DISPLAYING THE INFORMATION PROVIDED TO US THROUGH VARIOUS THIRD PARTIES OR THEIR API’S. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. ANY ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE OR APP OR SMS WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY AND WE HOLD NO LIABILITY FOR SUCH INFORMATION OR YOUR ACTIONS UPON BECOMING AWARE OF SUCH INFORMATION.
Indemnification and Limitation of Liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE AND APP INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE OR YOUR USE OF OUR SERVICES.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE TELECOM COMPANIES OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, APP, SERVICES OR CONTENT
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
User Data
We will maintain certain that you transmit to the services for the purpose of managing the performance of the Services, as well as data relating to your use of the services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communication, Transactions
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Disputes and Jurisdiction
These Terms shall be governed by the laws of the State of Delaware, U.S.A., without giving effect to any principles of conflicts of law or the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any claim or dispute between you and FeatsClub that arises in whole or in part from our Services shall be decided exclusively through binding, individual arbitration in the State of Delaware, U.S.A. You agree that disputes between you and FeatsClub will be resolved by binding arbitration and you waive your right to participate in class action lawsuits or class-wide arbitration. In the event that binding arbitration is not enforceable, you consent to the exclusive jurisdiction of the State of Delaware, U.S.A. for the resolution any disputes. Any cause of action you may have with respect to your use of our Services must be commenced within six (6) months after the claim or cause of action arises.
Copyright Infringement
We will investigate any allegations of copyright infringement brought to our attention. If you have evidence of, know of, or have a good faith belief that your rights or the rights of a third party have been violated and you want FeatsClub to review, delete, edit, or disable the material in question, you must provide FeatsClub with all of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on our websites or mobile applications of the material that you claim is infringing;
- Your address, telephone number and email address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
For this notification to be effective, you must direct your correspondence to FeatsClub’s designated agent at contact@featsclub.com.
Entire Agreement and Void Where Prohibited
These Terms constitute the entire agreement between FeatsClub and you with respect to your use of our Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Our obligations and responsibilities regarding our products and services are governed solely by our terms and conditions of sale or license under which such products and services are sold or licensed.
We make no representation that the Materials in our Services are appropriate or available for use at other locations, and access to them from territories where their content is illegal is prohibited. If you access our Services from a location outside of the State of Delaware, you are responsible for compliance with all applicable local laws. You may not use our Services or export information and materials in violation of the export laws of the United States or any other country. Materials published on a website, or otherwise included in our Services, may refer to products, programs, or services that are not available in your country.
Contact Us
If you have any questions about the Terms, please write to us by mail at FeatsClub Inc, Attn: 16948, Bottlebrush Ct, Chesterfield, MO 63005, or email us at contact@featsclub.com.