Welcome to FENG’s Terms and Conditions of Use (these “Terms”). This is a contract between you and the FENG Group (as defined further below). It is important that we both know yours and our rights before you use the FENG application (“FENG” or the “App”). Before enjoying the App, please take a few moments to read these Terms, this is best because once you use, view or access the App, you are going to be legally bound by these Terms!

PLEASE BE AWARE: If you subscribe to services for a term (the “Initial Term”), then unless you cancel your subscription in accordance with Section 5 below, the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at FENG’s then-current fee for such services.

FENG RULES

Before you can use the App, you will need to register for an account (“Account”). In order to create an Account, you must:

• Be at least 18 years old; and
• Be legally permitted to use the App by the laws of your home country.

You can create an Account via manual registration, signing in with Google, Apple or by using your Facebook login details. If you create an Account using your Facebook login details, you authorise us to access, display and use certain information from your Facebook account (such as profile pictures, location, relationship status and information about your Facebook friends). For further information about the information we use and how we use it, please refer to our Privacy Policy .

Please note, we cannot allow you to share your Account with any other person or use another person’s Account without permission.

FENG is great fun and we guarantee you will love it! But if you ever wish to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the App. Your profile information will be treated in accordance with our Privacy Policy. If you try to create a new account after deleting your account within this time period using the same credentials, we will re-activate your Account for you.

FENG uses a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms as well as a combination of automated systems. We reserve the right at our sole discretion to suspend or terminate any Account, restrict access to the App, or make use of any technological, legal, operational, or any other means available to enforce the Terms (including but without limitation, blocking specific IP addresses), at any time without liability and without the need to give you any prior notice. Without limiting the foregoing in any way, we expressly reserve the right to suspend or terminate your Account without notice:

• For violating these terms
• Due to your conduct on FENG App, or your conduct with other users of the FENG App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper,
• If we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper,
• For any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.

You may not access, use non-public areas or tamper with any areas of the FENG App or our systems. If you have not registered an account, certain portions of the FENG App may not be accessible.

TYPES OF CONTENT

You will be able to access three types of content on the FENG App:

• Content that you provide and upload (“Your Content”);
• Content that members provide (“Member Content”); and
• Content that the FENG provides (“Our Content”).

Content Not Allowed on FENG App:

We encourage users to express themselves as creatively, and fashionably as possible and post all sorts of fun and fashionable things on FENG, but we must impose restrictions on certain content which:

• Contains imagery or language which could be seen or deemed offensive, or is likely to upset, embarrass, harass, annoy or alarm any other person (including but not limited to, language that could be deemed discriminatory towards an individual’s colour, national origin, race, religion, disability, ethnicity, sexual orientation, gender identity, gender expression or physical appearance);
• Is pornographic, violent, obscene, or otherwise may be offensive towards human dignity (including but not limited to, language that could be deemed discriminatory towards an individual’s colour, national origin, race, religion, disability, ethnicity, sexual orientation, gender identity, gender expression or physical appearance);
• Is insulting, threatening, or abusive, or discriminatory or which encourages or promotes sexism, hatred, racism, or bigotry (including but not limited to, language that could be deemed discriminatory towards an individual’s colour, national origin, race, religion, disability, ethnicity, sexual orientation, gender identity, gender expression or physical appearance);
• Encourages any type of illegal activity including but not limited to, inciting racial hatred, terrorism or the submission of which in itself constitutes committing a criminal offence;
• Is libellous or defamatory;
• Relates to commercial activities (including but not limited to, competitions and advertising, sales, links to premium line telephone numbers or other websites);
• Involves the transmission of “spam” or “junk mail”;
• Contains any viruses, spyware, adware, corrupt files, worm programmes or other malicious code designed to interrupt, limit or damage the functionality of or disrupt any telecommunications, software, hardware, servers, networks or other equipment, Trojan horse or any other material designed to interfere with, damage, wrongly intercept or expropriate any data or personal information whether from FENG or otherwise;
• Itself, or the posting of which, infringes any third party’s rights (including but not limited to, privacy rights and intellectual property rights);
• Shows another person which was distributed or created without that person’s consent;
• Is harmful to minors; or
• Impersonates any other person, including but not limited to, falsely stating your name.

FENG operates a zero-tolerance policy for this type of content.

Your Content

You agree that Your Content must comply with our Guidelines at  https://www.feng-app.io/guidelines, and as updated from time to time. As Your Content is unique, you are both responsible and liable for Your Content and will defend, release, indemnify and hold us harmless from any claims made in connection with Your Content.

You may not display sensitive information such as banking information or personal contact details on your individual profile page whether in relation to you or another person (for example, names, home addresses or postcodes, email addresses, mobile numbers and home telephone numbers, credit/debit card, URLS*(exclusive of a FENG Business Mode User if they wish to add their Linked In profile URL to their ‘STYLE IT OUT’ section – see FENG-app.io/features/) , or other banking details). If you do choose to display any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to adapt the same caution in disclosing personal details about yourself to third parties online as you would under any other circumstances.

FENG is a public community therefore Your Content will be visible to other users of the App globally and instantly – so please make sure that you are comfortable sharing Your Content before you post it. Once posted, you agree that Your Content may be viewed by other users and any person participating in, visiting, or who is sent a link to the App (Such as individuals who receive a link to a User’s profile or shared content from other FENG Users). By uploading Your Content on FENG, you both represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including but not limited to, copying, modifying, editing, adapting, reformatting, translating, incorporating into other works, creating derivative works from, distributing, advertising, and otherwise making available to the general public such Content, whether in whole or in part, and in any medium or format currently known or developed in the future).

FENG may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.

We do not have any obligation to store Your Content – if it’s important to you, we advise that you make a copy of Your Content.

Member Content

Other Users/ members of FENG will also share content via the FENG App. Member Content belongs to the User who posted the content. It is stored on our servers and displayed via the FENG App at the direction of the User providing the Member Content.

You do not have any rights in relation to other Users’ Member Content, and you may only use other FENG Users’/Member’s personal information to the extent that your use of it matches FENG’s purpose of allowing people to meet and fashion match one another. You may not use other Users’ information for commercial purposes, to harass, stalk, spam or to make unlawful threats. If you misuse other Users’ information, we reserve the right to terminate your Account

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

Our Content

As for what happens to the rest of the Content on FENG, it belongs to us. Any other content, graphics, text, user interfaces, logos, trademarks, artwork, sounds and other intellectual property appearing on FENG are controlled, owned, or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All title, right and interest in and to Our Content remains with us at all times.

FENG grants you a limited, non-exclusive, personal, revocable, non-transferable licence to access and use Our Content, without the right to sublicense, under the following conditions:

1. a) You shall not sell, modify, use or distribute Our Content (except as permitted by the functionality of the FENG App);
2. b) You shall not use our name in keywords, meta tags and/or hidden text;
3. c) You shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
4. d) You shall use Our Content for lawful purposes only.

FENG reserves all other rights.

Pre-Screening Content.

We are an online community, so try to take a step back and have a non-obligation to pre-screen any of Your Content or any Member Content. This said, sometimes we need to step in, and this is when we reserve the right to pre-screen, review refuse and/or remove any Member Content and Your Content, which includes but is not limited to content exchanged between users in direct messages.

RESTRICTIONS ON THE FENG APP

By using the App, you agree to:

• Comply with all applicable laws, including but not limited to, intellectual property laws, privacy laws, equal opportunity laws, anti-spam laws, and regulatory requirements;
• Use the services in a professional manner
• Use your real name on your profile

You agree that you will NOT:

• Act in unprofessional or unlawful manner including being abusive, discriminatory or dishonest;
• Misrepresent your identity, qualifications or affiliations with a person or entity;
• Your current or previous positions,
• Disclose information that you do not have consent to disclose;
• Harass or stalk any other user of the FENG App; or
• Create fraud or other similar practice.
• Create or operate a pyramid scheme,

FENG is an online community where we do not tolerate Users who misbehave. You can complain about Member Content or report abuse by contacting us, outlining complaint or the abuse. A User can be reported directly from a profile or in chat by clicking the ‘Block & Report’ link. FENG reserves the right to launch an investigation into any possible violations of these Terms, and as set out further in Section 1 above, we may, in our sole discretion, immediately terminate any User’s right to use of the App without prior notice.

Please note, we do not control anything a User says or does, so as a Member of FENG, you are solely responsible for your interactions with other Users of the FENG App.

Warning: You understand fully that FENG does not currently conduct criminal background checks on its users. FENG does not attempt to verify the statements of its users nor does FENG inquire into the backgrounds of its users. FENG makes no representations nor warranties as to the conduct of any users, or their compatibility with any current or future users. FENG reserves the right to conduct any criminal background check or other screenings (such as sex offender registration searches) at any time and to use available public records for any purpose.

PAYMENT TERMS

General: FENG may offer services and products for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorise us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Free Trials: If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial.

Subscriptions and Auto-Renewal: FENG may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). If you purchase an automatically renewing subscription, your subscription will renew at the end of the period, unless you cancel, at FENG’s then-current price for such subscriptions. In order to avoid charges for a new subscription period, you must cancel (as described below) before the end of the then-current subscription period. Deleting the application or your account from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and will have an opportunity to cancel. If FENG changes these prices and you do not cancel your subscription, you agree that you will be charged at FENG’s then-current pricing for the subscription.

You agree to, and hereby do, release FENG and its successors from any demands, losses, claims, rights, damages, and actions of any kind, including personal injuries, property damage and death, that either directly or indirectly arises from either your interactions with or conduct of other users of the FENG App.

Replicating or scraping any part of the FENG App without our prior consent is expressly prohibited. This includes but is not limited to, (automated or otherwise) other than through our currently available, published interfaces – unless you have a separate agreement with us and are specifically allowed to do so.

PRIVACY

For more information about how FENG collects, uses, and shares your personal data, please see our Privacy Policy. By using FENG, you acknowledge that we may use such data in accordance with our Privacy Policy.

Cancelling subscriptions: If you purchased a subscription directly from FENG, you may cancel or change your payment method via the payment settings option under your profile. If you purchased a subscription through a third-party store, such as the Apple App Store or the Google Play Store, you will need to access your account with that third-party store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires, and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.

Refunds: Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods.

If you wish to request a refund: For all other purchases: please contact customer support with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are cancelling this agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: FENG, Attn.: Cancellations, 85 Great Portland Street, London, W1W, 7LT, United Kingdom.

In addition to cancelling, you must request a refund to receive one. If you subscribed using your Apple ID, refunds are handled by Apple, not FENG. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

Taxes: The payments required under this Section 5 do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If FENG determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, FENG will collect such Sales Tax in addition to the payments required under this Section 5. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to FENG, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

LOCATION-BASED FEATURES & PUSH NOTIFICATIONS

FENG Terms and Conditions of Use

Welcome to FENG’s Terms and Conditions of Use (these “Terms”). This is a contract between you and the FENG Group (as defined further below). It is important that we both know yours and our rights before you use the FENG application (“FENG” or the “App”). Before enjoying the App, please take a few moments to read these Terms, this is best because once you use, view or access the App, you are going to be legally bound by these Terms!

PLEASE BE AWARE: If you subscribe to services for a term (the “Initial Term”), then unless you cancel your subscription in accordance with Section 5 below, the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at FENG’s then-current fee for such services.

Please note that Section 12 of these Terms contains provisions governing how any claims are resolved that you and FENG have against each other.In particular, it contains an arbitration agreement that will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration.

FENG RULES

Before you can use the App, you will need to register for an account (“Account”). In order to create an Account, you must:

1. be at least 18 years old; and
2. be legally permitted to use the App by the laws of your home country.

You can create an Account via manual registration, signing in with Google, Apple or by using your Facebook login details. If you create an Account using your Facebook login details, you authorise us to access, display and use certain information from your Facebook account (such as profile pictures, location, relationship status and information about your Facebook friends). For further information about the information we use and how we use it, please refer to our Privacy Policy.

Please note, we cannot allow you to share your Account with any other person or use another person’s Account without permission.

FENG is great fun and we guarantee you will love it! But if you ever wish to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the App. Your profile information will be treated in accordance with our Privacy Policy. If you try to create a new account after deleting your account within this time period using the same credentials, we will re-activate your Account for you.

FENG uses a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms as well as a combination of automated systems. We reserve the right at our sole discretion to suspend or terminate any Account, restrict access to the App, or make use of any technological, legal, operational, or any other means available to enforce the Terms (including but without limitation, blocking specific IP addresses), at any time without liability and without the need to give you any prior notice. Without limiting the foregoing in any way, we expressly reserve the right to suspend or terminate your Account without notice:

(1)    for violating these terms

(2)   due to your conduct on FENG App, or your conduct with other users of the FENG App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper,

(3)   if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper,

(4)   for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.

You may not access, use non-public areas or tamper with any areas of the FENG App or our systems. If you have not registered an account, certain portions of the FENG App may not be accessible.

TYPES OF CONTENT

You will be able to access three types of content on the FENG App:

1. content that you provide and upload (“Your Content”);
2. content that members provide (“Member Content”); and
3. content that the FENG provides (“Our Content”).

Content Not Allowed on FENG App:

We encourage users to express themselves as creatively, and fashionably as possible and post all sorts of fun and fashionable things on FENG, but we must impose restrictions on certain content which:

• contains imagery or language which could be seen or deemed offensive, or is likely to upset, embarrass, harass, annoy or alarm any other person (including but not limited to, language that could be deemed discriminatory towards an individual’s colour, national origin, race, religion, disability, ethnicity, sexual orientation, gender identity, gender expression or physical appearance);
• is pornographic, violent, obscene, or otherwise may be offensive towards human dignity (including but not limited to, language that could be deemed discriminatory towards an individual’s colour, national origin, race, religion, disability, ethnicity, sexual orientation, gender identity, gender expression or physical appearance);

• is insulting, threatening, or abusive, or discriminatory or which encourages or promotes sexism, hatred, racism, or bigotry (including but not limited to, language that could be deemed discriminatory towards an individual’s colour, national origin, race, religion, disability, ethnicity, sexual orientation, gender identity, gender expression or physical appearance);
• encourages any type of illegal activity including but not limited to, inciting racial hatred, terrorism or the submission of which in itself constitutes committing a criminal offence;
• is libellous or defamatory;
• relates to commercial activities (including but not limited to, competitions and advertising, sales, links to premium line telephone numbers or other websites);
• involves the transmission of “spam” or “junk mail”;
• contains any viruses, spyware, adware, corrupt files, worm programmes or other malicious code designed to interrupt, limit or damage the functionality of or disrupt any telecommunications, software, hardware, servers, networks or other equipment, Trojan horse or any other material designed to interfere with, damage, wrongly intercept or expropriate any data or personal information whether from FENG or otherwise;
• itself, or the posting of which, infringes any third party’s rights (including but not limited to, privacy rights and intellectual property rights);
• shows another person which was distributed or created without that person’s consent;
• is harmful to minors; or
• impersonates any other person, including but not limited to, falsely stating your name.

FENG operates a zero-tolerance policy for this type of content.

Your Content

You agree that Your Content must comply with our Guidelines at https://www.feng-app.io/guidelines, and as updated from time to time. As Your Content is unique, you are both responsible and liable for Your Content and will defend, release, indemnify and hold us harmless from any claims made in connection with Your Content.

You may not display sensitive information such as banking information or personal contact details on your individual profile page whether in relation to you or another person (for example, names, home addresses or postcodes, email addresses, mobile numbers and home telephone numbers, credit/debit card, URLS*(exclusive of a FENG Business Mode User if they wish to add their Linked In profile URL to their ‘STYLE IT OUT’ section – see https://FENG-social.com/features), or other banking details). If you do choose to display any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to adapt the same caution in disclosing personal details about yourself to third parties online as you would under any other circumstances.

FENG is a public community therefore Your Content will be visible to other users of the App globally and instantly – so please make sure that you are comfortable sharing Your Content before you post it. Once posted, you agree that Your Content may be viewed by other users and any person participating in, visiting, or who is sent a link to the App (Such as individuals who receive a link to a User’s profile or shared content from other FENG Users). By uploading Your Content on FENG, you both represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including but not limited to, copying, modifying, editing, adapting, reformatting, translating, incorporating into other works, creating derivative works from, distributing, advertising, and otherwise making available to the general public such Content, whether in whole or in part, and in any medium or format currently known or developed in the future).

FENG may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.

We do not have any obligation to store Your Content – if it’s important to you, we advise that you make a copy of Your Content.

Member Content

Other Users/ members of FENG will also share content via the FENG App. Member Content belongs to the User who posted the content. It is stored on our servers and displayed via the FENG App at the direction of the User providing the Member Content.

You do not have any rights in relation to other Users’ Member Content, and you may only use other FENG Users’/Member’s personal information to the extent that your use of it matches FENG’s purpose of allowing people to meet and fashion match one another. You may not use other Users’ information for commercial purposes, to harass, stalk, spam or to make unlawful threats. If you misuse other Users’ information, we reserve the right to terminate your Account

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

Our Content

As for what happens to the rest of the Content on FENG, it belongs to us. Any other content, graphics, text, user interfaces, logos, trademarks, artwork, sounds and other intellectual property appearing on FENG are controlled, owned, or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All title, right and interest in and to Our Content remains with us at all times.

FENG grants you a limited, non-exclusive, personal, revocable, non-transferable licence to access and use Our Content, without the right to sublicense, under the following conditions:

1. a) you shall not sell, modify, use or distribute Our Content (except as permitted by the functionality of the FENG App);
2. b) you shall not use our name in keywords, meta tags and/or hidden text;
3. c) you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
4. d) you shall use Our Content for lawful purposes only.

FENG reserves all other rights.

Pre-Screening Content.

We are an online community, so try to take a step back and have a non-obligation to pre-screen any of Your Content or any Member Content. This said, sometimes we need to step in, and this is when we reserve the right to pre-screen, review refuse and/or remove any Member Content and Your Content, which includes but is not limited to content exchanged between users in direct messages.

RESTRICTIONS ON THE FENG APP

By using the App, you agree to:

• comply with all applicable laws, including but not limited to, intellectual property laws, privacy laws, equal opportunity laws, anti-spam laws, and regulatory requirements;
• use the services in a professional manner
• use your real name on your profile

You agree that you will NOT:

• act in unprofessional or unlawful manner including being abusive, discriminatory or dishonest;
• misrepresent your identity, qualifications or affiliations with a person or entity;
• your current or previous positions,
• disclose information that you do not have consent to disclose;
• harass or stalk any other user of the FENG App; or
• create fraud or other similar practice.
• Create or operate a pyramid scheme,

FENG is an online community where we do not tolerate Users who misbehave. You can complain about Member Content or report abuse by contacting us, outlining complaint or the abuse. A User can be reported directly from a profile or in chat by clicking the ‘Block & Report’ link. FENG reserves the right to launch an investigation into any possible violations of these Terms, and as set out further in Section 1 above, we may, in our sole discretion, immediately terminate any User’s right to use of the App without prior notice.

Please note, we do not control anything a User says or does, so as a Member of FENG, you are solely responsible for your interactions with other Users of the FENG App.

Warning: You understand fully that FENG does not currently conduct criminal background checks on its users. FENG does not attempt to verify the statements of its users nor does FENG inquire into the backgrounds of its users. FENG makes no representations nor warranties as to the conduct of any users, or their compatibility with any current or future users. FENG reserves the right to conduct any criminal background check or other screenings (such as sex offender registration searches) at any time and to use available public records for any purpose.

You agree to, and hereby do, release FENG and its successors from any demands, losses, claims, rights, damages, and actions of any kind, including personal injuries, property damage and death, that either directly or indirectly arises from either your interactions with or conduct of other users of the FENG App.

Replicating or scraping any part of the FENG App without our prior consent is expressly prohibited. This includes but is not limited to, (automated or otherwise) other than through our currently available, published interfaces – unless you have a separate agreement with us and are specifically allowed to do so.

PRIVACY

For more information about how FENG collects, uses, and shares your personal data, please see our  Privacy Policy. By using FENG, you acknowledge that we may use such data in accordance with our Privacy Policy.

PAYMENT TERMS

General: FENG may offer services and products for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorise us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Free Trials:If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial.

Subscriptions and Auto-Renewal: FENG may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT FENG’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. In order to avoid charges for a new subscription period, you must cancel, (as described below), before the end of the then-current subscription period. Deleting the application or your account, from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and will have an opportunity to cancel. If FENG changes these prices and you do not cancel your subscription, you agree that you will be charged at FENG’s then-current pricing for subscription.

Cancelling Subscriptions: If you purchased a subscription directly from FENG, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.

Refunds. Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods.

IF you wish to request a refund: For all other purchases: please contact customer support customer support with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are cancelling this agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: FENG, Attn.: Cancellations, 85 Great Portland Street, London, W1W, 7LT, United Kingdom.

In addition to cancelling, you must request a refund to receive one. If you subscribed using your Apple ID, refunds are handled by Apple, not FENG. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com https://getsupport.apple.com.

Taxes: The payments required under this Section 5 do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If FENG determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, FENG will collect such Sales Tax in addition to the payments required under this Section 5. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to FENG, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

LOCATION-BASED FEATURES & PUSH NOTIFICATIONS

FENG provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the FENG services, such as offers, products, enhancement, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at hello@feng-app.io.

The FENG App make available opportunities for you or may allow access to to view certain content and receive other services and products /or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as Bluetooth, GPS and/or software within your mobile device. If you do not authorize the App to access your location data or have set your mobile device to disable Bluetooth, GPS or other location determining software or, you will not be able to access such location-specific products, services, materials and content. For more about how the App retains and uses your information, please read the  Privacy Policy.

DISCLAIMER

Our content, member content, our app, and site are all provided to you “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, non-infringement, or title. We do not guarantee the compatibility of any matches without limiting the foregoing.

Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. Whether oral or written, no advice or information shall create any representation, warranty, or guarantee not expressly stated in this section.

Additionally, we do not make any warranties that the app or site will be secure, uninterrupted, or error-free, nor that your use of the app or site will meet your expectations, or that the site, app, any member content, our content, or any portion thereof, is accurate, reliable, or correct. You are solely responsible for your interactions with other members. Your use of the app or site is at your own risk. FENG does not conduct criminal background checks on its members. FENG is not responsible for the conduct of any user.

LIMITATION OF LIABILITY

FENG nor any owner will be liable for any damages, incidental, consequential, direct, indirect, special, or punitive, including but not limited to loss of income, profit, or goodwill, loss of data, or damage to property and third-party claims arising out of your access to or use of our content, the FENG site, app, or any member content, however caused, whether based on tort (including negligence), breach of contract, product liability, proprietary rights infringement, or otherwise.

Even if we were advised of the possibility of such damages, the foregoing shall apply. If you become dissatisfied in any way with the FENG site or app, to stop your use of the app and site is your sole and exclusive remedy.

Any and all claims arising out of your use of the app or site, you hereby waive. These provisions may not apply to you because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages. If any portion of this limitation on liability is found unenforceable or invalid for any reason, then our aggregate liability shall not exceed one hundred pounds (£100).

Herein, the limitation of liability is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The FENG site and app would not be provided without such limitations, and you agree that even if found to have failed in their essential purpose, exclusions of liability and the limitations, exclusive remedies, and disclaimers specified herein will survive. The foregoing does not apply to liability arising from any fraudulent misrepresentations or fraud or any other liability that cannot be limited by applicable law.

INDEMNITY

All information you post on FENG and all actions you make remain your responsibility. Therefore, you agree to defend, release, indemnify, and hold us, and our partners, affiliates licensors, directors, contractors, officers, employees, agents and representatives, harmless, from and against any third party claims, actions, proceedings, demands, losses, damages (actual and/or consequential), liabilities, expenses (including reasonable legal fees) and costs reasonably incurred or suffered by us arising as a result of, or in connection with:

1. Any omissions, negligent acts, or wilful misconduct by you;
2. Your use of the FENG App and access to the FENG App;
3. The submission of Content or uploading of content by you to the App;
4. Any breach of these Terms by you; and/or
5. Your violation of any rights of any third party, of any law.

Without any prior consent from yourself, we retain the exclusive right to compromise, settle and pay any and all claims or causes of action which are brought against us. In the defence of any relevant claim, if we ask you, you will co-operate reasonably and fully as required.

The foregoing provision does not require you to indemnify FENG for any fraud, deception, unconscionable commercial practice, false promise, concealment or misrepresentation, omission or suppression of any material fact in connection with the FENG App.

DIGITAL MILLENNIUM COPYRIGHT ACT

In accordance with the Digital Millennium Copyright Act (the “DMCA”), the FENG Group has adopted the following policy towards copyright infringement. Please submit a notification alleging such infringement (“DMCA Takedown Notice”) to FENG’s Copyright Agent as identified below if you believe any Member Content infringes upon your intellectual property rights, including the following:

• Identification of the copyrighted work (or multiple copyrighted works if at a single online site are covered by a single notification) work claimed to have been infringed, or, a representative list of such works;
• Identification of the material to be the subject of infringing activity or claimed to be infringing and that is to be have access removed or disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as telephone number, an address, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, the law or its agent; and
• A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to FENG’s Copyright Agent at: hello@feng-app.io

THIRD PARTY APP STORE

If you download the FENG App from a Third Party Store, the following additional terms and conditions apply to you. To the extent that the other terms and conditions of these Terms otherwise conflict with or are less restrictive than, the terms and conditions of this Section, the more conflicting or restrictive terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree the following:

• These Terms are concluded solely between you and FENG and not with the providers of the Third Party Store, and FENG (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App are in conflict with or are less restrictive, the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will apply and take precedence.
• The Third Party Store provider has no obligation whatsoever to provide any support or maintenance services with respect to the App. FENG is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other losses, liabilities, damages, costs, claims, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of FENG.
• FENG (not the Third Party Provider), is solely responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement (ii) product liability claims; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
• The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

In the event of a conflict between a mobile carrier’s or Third party store, applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. FENG is not responsible nor has any liability whatsoever for third-party services or goods you obtain through a mobile carried or Third Party Store. Before proceeding with any online transaction with any of these third parties, we encourage you to make whatever investigation you feel necessary or appropriate.

DISPUTE RESOLUTION.

These Terms of Use are governed, interpreted, and applied in accordance with the laws of England and Wales, subject to mandatory laws and regulations in force in the country of residence of the Member or Subscriber. The language of interpretation is English.

Members may make claims on the European Commission’s online dispute resolution platform at: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the Member’s claim to the competent national mediators.

In accordance with the rules applicable to mediation, prior to any request for mediation, the Member or Subscriber must first raise any dispute with FENG in writing in order to attempt an amicable resolution.

In the event that an amicable solution cannot be reached regarding a dispute relating to the Terms of Use, the competent authorities will be the courts of the country of residence of the consumer located in one of the member States of the European Economic Area or Switzerland.

USE OF THIRD PARTY INTEGRATIONS

If you use the Snap Lenses feature offered in our App or any other AR features provided by Snap similar to Snap Lenses, you will be subject to the Snap Inc. Terms of Service, which contain an arbitration clause including a waiver of any right to participate in a class-action lawsuit or class-wide arbitration. If you do not agree to be subject to the Snap Inc. Terms of Service, you should not use the Snap-provided AR camera features within our App.

TERMINATION AND REMEDIES

These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.

If you want to terminate these Terms, you may do so by (a) notifying FENG at any time, and (b) closing your Account. Your notice should be sent to FENG’s address below:

85, Great Portland Place, London, W1W 7LT.

Your subscription will continue until the end of the subscription period regardless of terminating these terms, for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 5.

FENG may terminate or suspend these Terms, including your Account, if you breach these Terms or if FENG is required to do so by applicable law. You agree that that FENG shall not be liable to you or any third party for any termination of your Account, and all terminations for cause shall be made in FENG’s sole discretion.

In its sole discretion, in the event that FENG determines that you have otherwise demonstrated that you have breached any portion of these Terms, or conducted anything inappropriate for the App, FENG reserves the right to: (a) warn you via email (to any email addresses you have provided to FENG) that you have violated the Terms; (b): discontinue your Account; (c) discontinue your subscription(s); (d) delete your User Content (e) notify and/or send your User Content to and/or cooperate fully with the proper law enforcement authorities for further action; and/or (f) pursue any other action which FENG deems to be appropriate.

Termination of these Terms or your Account includes all related information and content associated with or inside your Account, and ultimately the removal of access to your Account.

All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including but not limited to, ownership provisions, warranty disclaimers, limitation of liability and the Arbitration Agreement.

MISCELLANEOUS

Before you can use FENG we must also mention the following:

Whilst we may amend these terms from time to time, these terms constitute the entire agreement between you and FENG. The Terms supersede all previous representations, arrangements and agreements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall exclude or limit any liability for fraudulent misrepresentation.

FENG has taken appropriate steps to ensure the availability, correctness, currency and completeness of the information contained on FENG and provides that information on an “as is”, “as available” basis. Use of FENG and the materials available on it is at your sole risk. FENG does make any warranty or give any representation of any kind about the information contained on FENG, whether express or implied. FENG is not responsible for any loss arising from inaccurate Member Content or the transmission and use of data.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from FENG is free of any harmful components and viruses. You accept that FENG will not be provided error free or uninterrupted, that defects might not be corrected or that the server that makes it available, or FENG are free of bugs, viruses, spyware, Trojan horse or any similar malicious software. FENG is not responsible for any damage to your computer software, computer hardware, or other technology or equipment including, but not limited to, damage from any security breach or from any tampering, fraud, error, omission, interruption, defect, bugs, viruses, delay in transmission or operation, network failure or computer line failure, or other malfunction, technical or otherwise.

The communications between you and FENG may take place via electronic means, whether you send FENG emails, or use the App; or whether FENG communicates with you via email or posts notices through the App. For contractual purposes, you (a) agree that all terms and conditions, notices, disclosures, agreements and other communications that FENG provides to you electronically satisfy if it were to be in writing. (b) consent to receive communications from FENG in electronic form. The foregoing does not affect your statutory rights.

We may have to change our terms now and again

As FENG evolves, we might have to make changes to these Terms from time to time, so we reserve the right to amend, modify or change the Terms at any time (a “Change”). Changes will be posted on this page if we do this, and at the bottom of the Terms, we will indicate the Effective Date of the updates. In certain circumstances, we may send an email to you notifying you of a Change. We might ask you to agree to our Changes, but in this event we will let you know. We want our users to be as informed as possible so you should regularly check this page for changes.

If you do not accept any Changes to the Terms, you should stop using FENG immediately as your continued use of FENG following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.

Additional items:

If, for whatever reason, any of the Terms are declared invalid, illegal, or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is invalid, illegal or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full effect and force and continue to be enforceable and legally binding.

No delay or failure in exercising any right, privilege or power, under the Terms shall operate as a waiver of such acceptance or right of any variation of the Terms and nor shall any partial or single exercise by either party of any right, privilege or power preclude any further exercise of the right or the exercise of any other right, privilege or power.

By using the FENG App, you both acknowledge and agree that FENG is a global app operating through servers located in a number of countries around the world, including the United Kingdom, EU and United States. The storage of your personal data may not provide you with the same protections as you enjoy in your country of residence if you live in a country with data protection laws. By submitting your personal information, or by making use of the applications available on FENG or by choosing to upgrade the services you use, you agree to the transfer of your personal information to, and processing and storage of your personal information in, any such destinations and countries.

The FENG App may contain links to third-party resources or websites. In such cases, you acknowledge and agree that we are not liable or responsible for:

• The content, services or products on or available from such websites or resources: or
• The accuracy or availability of such websites or resources.

You acknowledge sole responsibility for and assume all risk arising from your use of any such resources or websites. Links to such resources or websites do not imply any endorsement. Without first obtaining our prior written approval, in-line linking, framing or other methods of association with the FENG App are expressly prohibited.

These Terms, and any licences and rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. If you have any questions, claims or complaints with respect to the FENG App, please contact us at hello@feng-app.io.

GOVERNING LAW AND FORUM.

Your access to the FENG App, Our Content, and any Member Content, any claims arising from or related to your relationship with FENG, and these Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English court.

Effective date

The Terms were last updated on: 8^th August, 2023.