1. **Preamble**:
- These are official terms and conditions and form a legally binding agreement between you and IP SHCHERBA SERGEI SERGEEVICH, located at 141530, Russia, Moscow Oblast, Solnechnogorsk-30, Tsentralnaya str., 3/16., ("we", "us", "our", or any other first-person plural pronouns; or "Feeluck-Games"), the operator of the website located at Feeluck-Games.com (the "Website") here and in future Feeluck games.
- By accessing the Website, you agree to these Terms of Service. By accessing the Website, you acknowledge that you have read and accepted these Terms of Service.
- Please read each term carefully and abide by all of them.
2. **Access**:
- The Website contains content intended for mature audiences and restricts access to individuals under the age of 18 or the age of majority in their jurisdiction.
- Information is provided on parental control tools for restricting access to minors.
- Users accessing the website certify their legal age and acknowledge the nature of the content.
3. **Child Sexual Abuse or Non-Consensual Sexual Acts**:
- The commitment is expressed to protect children from all forms of abuse and prevent underage access to the platform.
- Procedures for reporting suspicious content involving minors or non-consensual acts are outlined.
4. **Terrorism and Physical Harm Violence**:
- Any use of the platform and services to promote or depict terrorism and physical harm violence is expressly prohibited.
- Detailed examples of prohibited content and actions are provided.
- A reporting mechanism for users to report such content is established.
- A contact point is mentioned for official removal orders concerning terrorist content.
5. **Intellectual Property Rights**
Except for user Submissions as defined below, the Website, including without limitation, all content, media and materials, all Website software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively (" Content") and the trademarks, service marks and logos, whether or not registered, contained therein (" Marks"), are owned by or licensed by WebGroup and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under the relevant governing laws and conventions. You may not copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any purpose without the prior written consent of the respective owners. For purposes of this section, Content does not include any content uploaded to the Website by a user of the Website or of the Website's services.
6. **User Submissions**
6.A. We allow our users to submit videos or other material and to share and publish such submissions for display in the free areas of the Website (" Submissions"). You shall be solely responsible for your Submissions including those made through your account and the consequences of posting or publishing them. In connection with your Submissions, you affirm and warrant that:
- you have the written consent, written release, and/or written permission of each and every identifiable person in the Submissions to use his or her name and/or likeness in the manner contemplated by these Terms of Service; AND
- no one in the Submissions is under the age of 18; AND
- your Submission is compliant with all laws, including, but not limited to, 18 U.S.C. § 2257 and 28 C.F.R Pt. 75; AND
- you are 18 years of age or older and retain all of your ownership rights in your Submissions, although by submitting the material to us, you grant us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, modify, adapt, transmit, translate, distribute, promote, exhibit, prepare derivative works of, publicly display, and publicly perform the Submission. This license ends when your Submission is deleted from our systems; AND
- the posting of your Submissions on or through the Website does not, directly or indirectly, violate any laws prohibiting or otherwise depict child sexual abuse material or non-consensual sexual activity of any kind and does not, directly or indirectly, violate the legal rights of any person or entity, including without limitation any privacy or publicity rights, copyrights, trademark rights, trade secret rights or contractual rights; AND
- by posting your Submissions you allow us to share any content and any of your user related information with law enforcement authorities in connection with any investigation related to Child Sexual Abuse Material (" CSAM"), and/or any other non-consensual activity; AND
- to the extent permitted by applicable law, you will defend, indemnify, and hold harmless IP Shcherba Sergei Sergeevich and feeluck-games.com, including our affiliates, officers, agents, and employees, from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys' fees) arising from or related to: (i) your use of and access to the Website, (ii) your violation of these Terms of Service, (iii) your violation of any third-party right including, but not limited to, any copyright, property, publicity, or privacy right, (iv) any claim that your Submission caused damage to a third party, or (v) any claim that you engaged in reprehensible or culpable conduct. You acknowledge that you are solely responsible for any offensive, inappropriate, obscene, unlawful, unauthorized or otherwise objectionable content or information you upload and that we shall have no liability for such content or information. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including, but not limited to, the right to select counsel and to compromise or settle any such claims, demands, or litigation; AND
- if anyone brings a claim against us related to your actions, uploaded content, or any information obtained from or through you, and that claim is related to a fault, violation of these Terms of Service, or any other reprehensible or culpable behavior on your part, or is intended to remedy the consequences of any such fault, violation or behavior, you will indemnify and hold us including our affiliates, officers, agents, and employees harmless from any such claim, including for any and all liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees. You acknowledge that you are solely responsible for any offensive, inappropriate, obscene, unlawful, unauthorized or otherwise objectionable content or information you upload and that we shall have no liability for such content or information; AND
- you have paid or shall pay any and all residuals, reuse and other fees, compensation or payments of any kind, however denominated, which are due or may become due in relation with your Submissions.
6.B. Content on the Website is provided to you AS IS for your information and personal and non-commercial use only. You further agree that you will not :
- submit material that depicts any person under 18 years of age(or the age of majority under the laws of your state or jurisdiction where the age of majority is set above 18), whether real or simulated; NOR
- submit material without written documentation confirming that all subjects depicted are, in fact, over 18 years of age (or the age of majority under the laws of your state or jurisdiction where the age of majority is set above 18**)**; NOR
- submit material depicting child sexual abuse, non-consensual sexual acts, rape, bestiality, death, or use of controlled substances, whether implied, staged, simulated, artificial or cartoon/drawn/art; NOR
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WebGroup all of the license rights granted herein; NOR
- allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform,
publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party including, without limitation, on or via a third-party website or otherwise exploit, any content, including member Submissions, without our express prior written consent; NOR
- publish falsehoods or misrepresentations that could damage WebGroup or any third party; NOR
- submit material that is unlawful, threatening, harassing or hateful, constitutes "revenge porn", contain incitement to violence or hatred directed against a group of persons or a member of a group on the grounds of sex, race, colour, ethnic or social origin, genetic features, nationality, language, religion or belief, political or other opinion, membership of a national minority, property, birth, birthplace, disability, age or sexual orientation or encourages, depicts or constitutes conduct that is a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; NOR
- submit material depicting violence or abuse actual harm to another living thing, including animals; and submit material that depicts or promotes incest; NOR
- submit material that depicts or promotes coprophilia, also known as "fecophilia" or "scat"; and use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any content from the Website, unless you are expressly authorized in writing to do so by us; NOR
- use or launch any automated system that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser; NOR
- collect or harvest any personally identifiable information, including account names, from the Website; NOR
- solicit, for commercial purposes, any users of the Website with respect to their Submissions; NOR
- post any form of advertisement, commercial communication or solicitations of business; NOR
- impersonate another person.
6.C. We do not endorse any user Submission and expressly disclaim any and all liability in connection with user Submissions, except in the cases strictly defined by the provisions of applicable law in the event of prior notification of inappropriate content of a user Submission.
Additionally, we do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any user Submission uploaded by you (" Third Party Personal Data**"),** and disclaim any and all liability in connection with the Third Party Personal Data.
6.D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that WebGroup is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WebGroup with respect thereto, except in the cases strictly defined by applicable law. You also understand and acknowledge that your user information as well as your Submission(s) may be shared with law enforcement as part of our efforts to fight CSAM. You agree to indemnify and hold WebGroup and its owners, affiliates, officers, agents, employees, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your unauthorized use of the Website.
7. **Content Moderation**
A. Feeluck-Games.com and IP Shcherba Sergei Sergeevich are dedicated to creating a safe and secure online environment for users of the website. We have a zero-tolerance policy for any Submissions that violate applicable laws or our Terms of Service, such as child sexual abuse material, non-consensual sexual acts, privacy violations, abuse, harassment, etc. Upon identification of such illegal Submissions, Feeluck Games will promptly remove or disable access to them.
In addition to our notice and action procedure (as described below), Feeluck Games conducts proactive investigations to detect, identify, and remove or disable access to illegal Submissions. These efforts include utilizing cutting-edge automated detection technologies capable of identifying various types of illegal content, complemented by manual review conducted by our team of trained human content moderators. Furthermore, Submissions undergo thorough checks for malware, viruses, or other malicious software before uploading. Ultimately, the decision to remove a Submission rests with the human content moderator. Feeluck Games does not employ algorithmic decision-making for content moderation.
Recognizing the importance of responsible content moderation, Feeluck Games is prepared to collaborate closely with certified Trusted Flaggers from the European Economic Area ("EEA") to promptly identify and address any Submissions that violate our Terms of Service or applicable laws. This collaborative effort reflects our commitment to maintaining the highest standards of user safety and fostering a positive online experience for all. Through this partnership, we strive to continuously enhance our content moderation processes and uphold a platform that prioritizes the well-being of our users and the integrity of our online community. Trusted Flaggers from the EEA who have been certified by the relevant Digital Services Coordinator, and have their notices and complaints prioritized.
**Notice and Action Procedure (Non-Copyrighted Content)**
B. If you encounter any Submission on our website that you believe to be illegal or in violation of our Terms of Service for any reason other than copyright infringement, we encourage you to report it by submitting a takedown notice through email to email address feeluck91@gmail.com and you must provide at least the following information in the reporting form:
- A substantiated explanation of why you believe the Submission in question constitutes illegal content.
- Clear indication of the exact electronic location of the Submission, such as the URL(s), along with any additional information necessary to identify the Submission.
- Your name and email address, except in cases involving sexual abuse, exploitation, child pornography, solicitation of children, or incitement to such offenses.
- A statement confirming the accuracy and completeness of the information and allegations contained in the notice.
Failure to comply with all requirements may invalidate or delay the processing of your takedown notice.
Upon receiving the takedown notice, the reported Submission is temporarily suspended pending review by Feeluck Games' human content moderators. If you provided your email address, we will send you a confirmation of receipt without undue delay. The notice is then reviewed and validated by our team. All notices are processed in a timely, diligent, and objective manner. If there are doubts during the review process, the uploader may be given an opportunity to respond. If the reported Submission is deemed illegal or in violation of our Terms of Service, it is deleted, and the uploader, if located in the EEA, is provided with a statement of reasons. If no violation is found, the visibility of the Submission is restored. Regardless of the outcome, we inform the person who reported the Submission about the resolution. Recipients in the EEA have the right to appeal by using Feeluck Games' internal complaint-handling system as described in Article 13.1 of our Terms of Service.
Illegal Submissions, such as CSAM, Non-Consensual Intimate Imagery ("NCII"), or terrorist content, will be reported to the appropriate authorities and promptly deleted, with the associated user account banned.
Please note that we do not consider ourselves joint controllers of any Third Party Personal Data included in submissions or reports.
**Notice and Action Process (Copyrighted Content)**
C. Feeluck Games prohibits copyright infringement on its website and will promptly remove infringing content upon receiving a valid takedown request.
- Electronic or physical signature of the copyright owner or authorized representative.
- Description of the infringing material and its location.
- Contact information for communication.
- Statement affirming that the use of the material is not authorized.
- Statement confirming the accuracy of the notification under penalty of perjury.
Failure to comply with all requirements may invalidate or delay the processing of your takedown request.
To review and process your claim, we may need to process your personal data and provide it to the uploader of the material. Your consent is required for this process. If the uploader resides outside the EEA, your data may be transferred accordingly. We undertake to transmit your data solely for the purpose of assessing your request.
You consent to the transmission of your personal data to the uploader in line with our Privacy Policy.
Upon removal of a Submission, the uploader will be notified and given an opportunity to submit a counter-notification within five days. The counter-notification must include specific elements to be considered valid. Failure to comply may render the counter-notification ineffective.
Please note that we do not accept any liability for breaches related to the use of your personal data by the recipient.
**Repeat Infringers Policy**
D. For Submissions not involving illegal content, we have established a policy for addressing repeat infringers. Users found repeatedly uploading illegal Submissions will receive a "strike." After accumulating three strikes, the user's account will be deleted, and access to the website terminated.
8. **Recommender System Transparency**
The criteria determining the display of videos on Feeluck Games' website vary depending on the specific section visited by the user. On the main page, key factors include:
(i) The user's selected location (country).
(ii) The video's popularity, gauged by the total number of clicks from viewers.
Users can easily adjust these parameters by selecting a different location through the website's online interface. Beyond the main page, suggested video selection is influenced by chosen 'categories' (sub-genres) or specific content creators. Users can impact this by selecting a different category or choosing another content creator within the website's online interface.
Users may also search for specific content using keywords. In this case, the decisive criterion is the match between entered keyword(s) and the video's title or 'tags', along with the popularity of such searched videos. Tags provide more detailed textual specifications of the video, such as specific sub-categories or featured models.
The website also offers a feature suggesting 'related' videos based on the viewing history of all users. When 'view history' is enabled, the system suggests more relevant videos based on criteria such as 'popularity', 'categories', or 'tags'.
9.**Availability of Services; Warranty Disclaimer**
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
FEELUCK GAMES PROVIDES ITS SERVICES "AS IS" AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING. FEELUCK GAMES WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, FEELUCK GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO PROMISES OR GUARANTEES THAT THE WEBSITE AND/OR ITS CONTENT, AND/OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE. WE MAY SUSPEND, WITHDRAW, OR RESTRICT AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS OR OPERATIONAL REASONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, FEELUCK GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FEELUCK GAMES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
- ERRORS OR OMISSIONS IN ANY CONTENT, AND/OR
- ANY LOSS AND/OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, AND/OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
IF YOUR STATE OR COUNTRY REQUIRES A CERTAIN PERIOD FOR WHICH A WARRANTY APPLIES, IT WILL BE EITHER THE SHORTER OF 30 DAYS FROM YOUR FIRST USE OF THE WEBSITE OR THE SHORTEST PERIOD REQUIRED BY LAW.
10. **Limitation of Liability**
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FEELUCK GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS OF SERVICE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
AS A HOST, FEELUCK GAMES IS UNDER NO OBLIGATION TO MONITOR THE SERVICES FOR INAPPROPRIATE OR ILLEGAL USER CONTENT OR THE CONDUCT OF OTHER USERS. WE TAKE NO RESPONSIBILITY FOR SUCH CONDUCT. WE ARE ALSO NOT RESPONSIBLE FOR INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED BY OTHER USERS OR THIRD PARTIES. USER CONTENT IS NOT APPROVED BY US. BY USING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE EXPOSED TO CONDUCT THAT YOU MIGHT FIND OFFENSIVE OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY USER CONTENT POSTED ON THE SERVICES AND ARE NOT OBLIGATED TO ACTIVELY SEARCH FOR ILLEGAL CONTENT.
NONETHELESS, FEELUCK GAMES WILL REMOVE AND PROHIBIT ACCESS TO THE WEBSITE FOR ANY USER WHO UPLOADS MANIFESTLY ILLEGAL CONTENT AS SOON AS NOTIFIED OR OTHERWISE BECOMES AWARE OF ITS EXISTENCE.
YOU ACKNOWLEDGE THAT FEELUCK GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, ARE NOT LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, ARISING OUT OF THE USE OF, AND/OR INABILITY TO USE, AND/OR MISUSE OF THE SERVICES,
- LOSS OR DAMAGE WHICH, AT THE TIME THAT THIS AGREEMENT BETWEEN YOU AND FEELUCK GAMES COMES INTO FORCE, DOES NOT CONSTITUTE REASONABLY FORESEEABLE CONSEQUENCES OF ANY BREACH BY FEELUCK GAMES OF THE TERMS OF USE,
- ANY CONTENT SUBMITTED BY A USER, OR ANY OTHER CONDUCT OF A USER OR THIRD PARTY OF A DEFAMATORY, INJURIOUS, OR ILLEGAL NATURE, SUBJECT TO APPLICABLE LAW RELATING TO THE WITHDRAWAL OF CONTENT,
- YOUR CONDUCT OR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES WHO CONTRAVENE THESE TERMS OF SERVICE.
THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES.
IN
NO EVENT SHALL FEELUCK GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, OR INCIDENTAL LOST PROFITS, REVENUES, DATA, OR FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:
- ERRORS, OMISSIONS, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
- BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
- USE BY ANYONE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION. YOU ACKNOWLEDGE THAT FEELUCK GAMES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
FEELUCK GAMES SHALL NOT BE LIABLE FOR SHARING USER'S INFORMATION OR INFORMATION PERTAINING TO SUBMISSIONS WITH LAW ENFORCEMENT AUTHORITIES AS PART OF ITS EFFORT IN THE FIGHT AGAINST CHILD SEXUAL ABUSE MATERIAL.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY IN THESE TERMS OF SERVICE APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES OR RELATED TO USE OF, AND/OR INABILITY TO USE, AND/OR MISUSE OF THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).
THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. NONE OF THE TERMS OF SERVICE HEREIN SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE PARTIES FOR LOSSES THAT COULD NOT LEGALLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN ALL CASES, FEELUCK GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION/EXCLUSIONS OF CERTAIN LIABILITIES DESCRIBED ABOVE, WHICH MEANS THESE LIMITATIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN ONE OF THOSE STATES OR COUNTRIES. FOR THOSE USERS, IF FEELUCK GAMES FAILS TO COMPLY WITH THESE TERMS OF SERVICE, FEELUCK GAMES IS RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF FEELUCK GAMES'S BREACH OF THESE TERMS OF SERVICE OR IS A RESULT OF FEELUCK GAMES'S NEGLIGENCE. HOWEVER, FEELUCK GAMES IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE ONLY IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND FEELUCK GAMES AT THE TIME WE ENTERED INTO THESE TERMS OF SERVICE.
11. Notices to Feeluck Games
General inquiries regarding the Feeluck Games website and the services provided by Feeluck Games may be directed through the online form available at
http://feeluck-games.com/termsofservice. Feeluck Games will address your inquiries promptly, with attention to detail, and not solely relying on automated means.
Feeluck Games respects the intellectual property rights of third parties. If you need to submit a copyright infringement request, please follow our procedures and submit a copyright infringement takedown request using the form available at
http://feeluck-games.com/termsofservice. Failure to utilize Feeluck Games' online form for alleged copyright violations may result in delays or prevention of our review and/or removal of any infringing materials. For other content-related issues, such as reporting inappropriate content, please contact us at http://feeluck-games.com/termsofservice.
If you choose to send Feeluck Games a Notice of Dispute in accordance with the provisions outlined in Section 13 of these Terms of Service, the notice must be in writing, sent by registered mail, and addressed to Feeluck Games at IP SHCHERBA SERGEI SERGEEVICH, located at 141530, Russia, Moscow Oblast, Solnechnogorsk-30, Tsentralnaya str., 3/16., Attn: Dispute Resolution, Subject: Notice of Dispute. Failure to adhere to this procedure may impede our review of your Notice of Dispute.
12. Internal Complaint-Handling System, Dispute Resolution, Agreement to Arbitrate, Class Action Waiver, Venue, and Forum
12.1 Handling complaints internally
Upon a decision from Feeluck Games:
about whether to remove or restrict access to information that is the subject of a complaint, or
about whether to suspend or terminate the provision of the service, in whole or in part, to one or more recipient(s), or
about whether to suspend or terminate the account of the recipient(s), or
about whether to suspend, terminate, or otherwise restrict the ability to monetize information provided by the recipients,
on the grounds that the information provided by the recipients constitutes illegal content or is incompatible with Feeluck Games' Terms of Service, recipients of the service shall have the right to lodge complaints against Feeluck Games' decision electronically and free of charge. Recipients shall have the right to lodge such complaints for 6 months from the date they are informed of the relevant decision. Recipients may submit a complaint through their user account interface or through the designated link provided by Feeluck Games.
Feeluck Games shall handle such complaints submitted through its internal complaint-handling system promptly, diligently, without discrimination, and without arbitrariness, under the supervision of qualified content moderators, and not solely relying on automated means. Where appropriate, Feeluck Games shall reconsider its decisions as a result of the complaints. Recipients located in the EEA shall be provided with a reasoned decision regarding the information subject to the complaint and the possibility of out-of-court dispute settlement (as described in Section 13.2 of these Terms of Service) and other available avenues for redress.
12.2 Out-of-court dispute settlement bodies available to recipients located in the EEA
In addition to the other dispute resolution mechanisms outlined in this Clause, recipients located in the EEA (European Economic Area) may refer any and all claims relating to, arising out of, or in connection with content that is, or has been alleged to be, illegal or incompatible with Feeluck Games' Terms of Service to any of the out-of-court dispute settlement bodies certified in accordance with Art. 21 of the Digital Services Act.
12.3 Arbitration
Either Party may refer any and all claims relating to, arising out of, or in connection with your use of the Website or with the Terms of Service to arbitration.
Before initiating formal legal proceedings in arbitration, you must send a written notice of dispute ("Notice of Dispute") via registered mail to "Feeluck Games and/or IP SHCHERBA SERGEI SERGEEVICH, located at 141530, Russia, Moscow Oblast, Solnechnogorsk-30, Tsentralnaya str., 3/16, Attn: Dispute Resolution, Subject: Notice of Dispute" to give Feeluck Games the opportunity to resolve the dispute with you informally, as also indicated in Section 12 of these Terms of Service. Similarly, before initiating formal legal proceedings in arbitration against a counterparty, Feeluck Games will send a Notice of Dispute to the counterparty's registered address.
The Notice of Dispute must contain sufficient information to identify the claiming Party ("Claimant") and the basis of its claim. Amicable consultations will commence upon Feeluck Games' or the counterparty's receipt of a Notice of Dispute.
You and Feeluck Games agree to negotiate the dispute in good faith for no less than 30 days after a valid Notice of Dispute is provided. If the dispute cannot be resolved through amicable consultations within 30 days after receipt of a Notice of Dispute, you agree that ANY and all existing and/or future controversy and/or claim between you and Feeluck Games shall be resolved as follows:
No Class Actions
Neither you nor Feeluck Games may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim or dispute. Claims or disputes may not be arbitrated or resolved on a class or representative basis.
You and Feeluck Games Agree to Arbitrate
You and Feeluck Games agree to the fullest extent permitted by law to resolve any claims arising out of, relating in any manner to, or in connection with the Website, the Terms of Service, your relationship with us, or Feeluck Games' services, including but not limited to your use of the Website and information provided via the Website, through final and binding arbitration.
An arbitration proceeding is before neutral arbitrators instead of a judge and jury, so by voluntarily accepting these Terms of Service, you and Feeluck Games agree to waive the right to a trial before a judge and jury with respect to any and all claims relating to, arising out of, or in connection with your use of the Website or with the Terms of Service referred to arbitration.
This agreement applies to all claims except those identified in Section 13(v). This agreement applies even after you stop using or choose to delete your feeluck-games.com account.
The Arbitration Process
The Arbitration Court attached to the Arbitration of Moscow will conduct any arbitration between you and Feeluck Games(IP SHCHERBA SERGEI SERGEEVICH, located at 141530, Russia, Moscow Oblast, Solnechnogorsk-30, Tsentralnaya str., 3/16), except for disputes in which the Russian Federation courts have exclusive jurisdiction under Russian law. The parties agree that the Rules of the Arbitration Court are applicable and will govern. Disputes shall be resolved by a panel of three arbitrators ("Arbitrators") in accordance with the Arbitration Rules of the Arbitration Court in effect at the time the Notice of Dispute was filed or received by Feeluck Games. The resulting award shall be final, conclusive, and binding on the parties. The seat of the arbitration shall be Russian Federation, Moscow; the proceedings shall take place in Moscow, Russian Federation; and the language of arbitration shall be Russian, unless the parties agree otherwise or unless any applicable local laws dictate a particular language for the arbitration. The parties agree that any disputes concerning the enforceability, validity, or scope of the arbitration agreement in this Section 13 (or any portion of it) shall be resolved by the Arbitration Court, which will have sole authority
to decide those issues. The parties further agree not to pursue injunctive relief (i.e., an order that the other party do or not to do something, apart from paying damages) in arbitration. Such relief must be sought in court instead. If a party has a dispute for which they seek to obtain both injunctive and other forms of relief, the party must go to court to seek the injunctive relief and must arbitrate to seek the other forms of relief.
Arbitration Fees and Costs
If you start an arbitration in accordance with the Terms of Service, you will be required to pay the Arbitration Court's initial filing fees. If you are a non-EEA Claimant, you will not be responsible for paying any other fees of the Arbitrators, since all other fees and expenses charged by the Arbitrators will be paid by Feeluck Games. Additionally, if the Arbitrators determine that you are unable to pay all or any part of the filing fee, Feeluck Games will pay that too. If you are an EEA Claimant, you and Feeluck Games will be responsible for paying the respective fees of the Arbitrators, and Feeluck Games won't pay but for its fair shares of the Arbitrators fees. Similarly, if you are an EEA Claimant, if the Arbitrators determine that you are unable to pay all or any part of the filing fee, Feeluck Games will not pay that. Based on the ultimate outcome of the arbitration, the Arbitrators may decide in accordance with, and to the extent permitted by applicable law, to award attorneys' fees and costs to the prevailing party or parties in the arbitration.
Exceptions to Agreement to Arbitrate
You and Feeluck Games further agree that the Czech District Courts in [Insert Location], Czech Republic (and not an arbitral tribunal), will have exclusive jurisdiction to resolve disputes:
relating to non-EEA Claimant's or Feeluck Games' intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents) ("IP"); if you are an EEA Claimant you will still be required to arbitrate IP disputes, OR
regardless of whether you are an EEA or a non-EEA Claimant, where the sole form of relief sought is injunctive relief, including where a party seeks other forms of relief but is bound, as per Section 13(ii), to seek those other forms of relief through arbitration; OR
regardless of whether you are an EEA or a non-EEA Claimant, any other judicial proceedings which by law is not subject to arbitration.
12.4 Other dispute resolution alternatives
Alternatively, if either you or Feeluck Games do not wish to pursue arbitration, you agree, to the fullest extent permitted by applicable law, that either of you may commence proceedings before the Russian Federation general courts, which shall have exclusive jurisdiction over disputes in which at least one of the parties to the dispute is a consumer, unless mandatory statutory consumer protection regulations in your country provide as a further alternative that a dispute or controversy arising out of, relating to, or in connection with these Terms of Service be handled by the court of the jurisdiction where you reside or are domiciled. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence or domicile contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Russian Federation law or of Russian Federation courts. Should an election be made in favor of the Russian Federation or other national courts, arbitration will no longer be available under Section 13 of these Terms of Service.
Section 12 of these Terms of Service will survive the termination of your relationship with Feeluck Games.
13. Governing Law
You agree that the Feeluck Games website, the Terms of Service, your relationship with us, Feeluck Games' services, and any claims or disputes arising out of, relating in any manner to or in connection with the Feeluck Games website, the Terms of Service, your relationship with us, or Feeluck Games' services, including but not limited to your use of the Feeluck Games website and information provided via the Feeluck Games website, shall be governed by the laws of the Europ Union and Russian Federation, except for the laws of theEurop Union and Russian Federation that govern conflict- or choice-of-law. The substantive law of the Europ Union and Russian Federation shall control, to the fullest extent permitted by law. The laws of the Europ Union and Russian Federation shall also govern any matters relating to the arbitration agreement between you and Feeluck Games, including that arbitration agreement's validity, scope, and interpretation.
14. Separation of Terms
Each paragraph of these Terms of Service operates separately. If any part of these Terms of Service is deemed invalid or unenforceable by a court or arbitrator of competent jurisdiction, the invalidity of any such provision shall not affect the validity of any of the remaining provisions of these Terms of Service, which shall still apply and be binding. Any unenforceable term will be substituted with a term that comes as close to the unlawful or unenforceable term as possible.
15. General
These Terms of Service, the privacy policy, the rules as written on the upload form, and any other legal notices published on the Feeluck Games website, shall constitute the entire agreement between you and Feeluck Games. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such Term or any other Term, and Feeluck Games' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of any such right or provision.
We may amend, and reserve the right to amend, these Terms of Service at any time and for any reason by posting updated Terms of Service on our website. We will notify you of major changes made to these Terms of Service, such as those relating to the characteristics of the service provided, or when we modify the rules on information that is permitted on the website, or other such changes which could directly impact your ability to make use of the website. You are advised to periodically review the most up-to-date version of our Terms of Service, so that you are aware of any changes. Once we make new Terms of Service available, any changes become effective immediately and by using the website, you agree to the Terms of Service as amended. By continuing to use our website and services after the changes take effect, you agree to be bound by the revised policy.
