Terms & Conditions simon July 3, 2023

Terms & Conditions

More fine print

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the feetpics.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and MareaLABS SL. (“MareaLABS SL.”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and MareaLABS SL., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Table of contents

  1. Accounts and membership
  2. Cancellation
  3. Refunds & money-back guarantee
  4. Complaints policy
  5. User content
  6. Content removal
  7. Billing and payments
  8. Accuracy of information
  9. Backups
  10. Links to other resources
  11. Prohibited uses
  12. Intellectual property rights
  13. Limitation of liability
  14. Indemnification
  15. Severability
  16. Dispute resolution
  17. Changes and amendments
  18. Acceptance of these terms
  19. Website owner
  20. Contacting us

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Cancellation

To maintain an active membership on FeetPics.com, a monthly payment of $9 is necessary. You have the flexibility to cancel your subscription at any time through your user dashboard (Navigate to “Subscriptions” and then click on the red cross “Cancel”). You can also reach out to our Customer Support at support@feetpics.com for assistance.

Refunds & money-back guarantee

This Refund Policy applies to purchases made on FeetPics.com website or through any affiliated platform.

Money-Back Guarantee:

We are committed to ensuring your satisfaction with our products and services. If you are not satisfied with your purchase, we offer a money-back guarantee for a period of 60 days from the date of purchase. Only the last payment made will be eligible for a refund.

Refund Process:

To initiate a refund, please follow the steps outlined below:

  1. Contact Customer Support: Send an email to our Customer Support at support@feetpics.com stating your request for a refund. Include your order number, date of purchase, and the reason for the refund request.
  2. Verification: Our customer support team will review your request and verify the eligibility for a refund based on our money-back guarantee policy.
  3. Confirmation and Processing: If your request is approved, we will send you a confirmation email, and the refund will be processed using the same method of payment used for the last payment made, up to a maximum of [number of days, e.g., 60 days] from the date of the last payment.

Contact Information: If you have any questions or concerns regarding this Refund Policy, please contact our Customer Support at support@feetpics.com.

Complaints policy

This Complaints Policy outlines the procedure for reporting content that may be illegal or violates the Standards established by FeetPics.com. All reported complaints will be reviewed and resolved within seven business days in a fair and timely manner. This policy aims to ensure a transparent and efficient process for addressing concerns raised by individuals regarding content posted on our website.

Reporting Process

  • Reporting Content: Any individual who believes they have encountered content that may be illegal or violates the Standards set by FeetPics.com is encouraged to report the concern promptly. Reports can be submitted via the report from on every profile page or to our Customer Support at support@feetpics.com.
  • Information Required: When reporting, please provide detailed information about the content, including specific instances, dates, and any supporting evidence or documentation that can aid in the investigation.

Review Process

  • Receipt of Complaints: Upon receipt of a complaint, FeetPics.com will acknowledge the receipt of the complaint within one business day.
  • Initial Review: An initial review will be conducted to assess the validity and relevance of the complaint. This review will take place within three business days of receiving the complaint.
  • Investigation: If necessary, a thorough investigation will be conducted by designated personnel of FeetPics.com to determine the accuracy of the complaint and whether the reported content violates the Standards.

Appeals Process

  • Appeal Submission: In the event that the complainant disagrees with the outcome of the investigation, they may submit an appeal providing additional information or reasons for reconsideration.
  • Appeal Review: The appeal will be reviewed by an independent committee or designated individuals not involved in the initial investigation. This review will be completed within five business days.
  • Final Decision: The decision made during the appeal review is final and will be communicated to the complainant within two business days after the completion of the appeal review.

Potential Outcomes

  • Content Removal or Modification: If the investigation concludes that the reported content violates the Standards, appropriate action will be taken, which may include content removal, modification, or any other necessary action to address the violation.
  • No Violation Found: If the investigation determines that the reported content does not violate the Standards, no further action will be taken, and the complainant will be informed of the decision.

Contact Information: If you have any questions or concerns regarding this Complaints Policy, please contact our Customer Support at support@feetpics.com.

User content

We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Unless specifically permitted by you, your use of the Website and Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Content agreement

This Content Provider Agreement (“Agreement”) is entered into between FeetPics.com, hereinafter referred to as the “Merchant,” and the content provider, hereinafter referred to as the “Provider.” By accepting the terms and conditions, the Provider acknowledges and agrees to comply with this Content Provider Agreement.

Agreement Overview

This Agreement outlines the terms and conditions that govern the submission and usage of content by the Provider on the Merchant’s platform. The Provider agrees to comply with the guidelines and standards set forth in this Agreement.

Prohibited Activities

The Provider shall not engage in any activity that is illegal or violates the standards set by the Merchant, including but not limited to activities that infringe upon intellectual property rights, involve hate speech, harassment, or explicit content.

Consent for Depiction and Distribution

  • Consent to Depiction: The Provider affirms that they have obtained written consent from all individuals depicted in the content, confirming their willingness to be depicted in the content.
  • Consent to Public Distribution and Website Upload: The Provider affirms that they have obtained written consent from all individuals depicted in the content to allow for public distribution and uploading of the content on the Merchant’s website.
  • Consent for Content Downloading: The Provider affirms that they have obtained written consent from all individuals depicted in the content if the content will be made available for downloading by other users.

Verification of Identity and Age

The Provider shall verify the identity and age of all individuals depicted in the content, ensuring that they are adults. The Provider agrees to maintain records of this verification process and provide supporting documents upon request by the Merchant.

Representations and Warranties

  • The Provider represents and warrants that they have the right, authority, and consent to submit the content to the Merchant for usage as per this Agreement.
  • The Provider represents and warrants that the content does not violate any third-party rights, including but not limited to copyright, trademark, or privacy rights.

Indemnification

The Provider agrees to indemnify and hold harmless the Merchant, its officers, directors, employees, and agents from any claims, damages, liabilities, or expenses arising out of the Provider’s breach of this Agreement or any violation of applicable laws or regulations.

Term and Termination

This Agreement shall commence on the user registration date and remain in effect until terminated by either party with written notice. Upon termination, the Provider shall cease submitting any further content to the Merchant.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of laws principles.

Content removal

This Content Removal Policy outlines the procedure for the removal of content on FeetPics.com that involves individuals who have not given consent or whose consent is void under applicable law. We prioritize the rights and privacy of individuals depicted in our content and offer an appeals process for them to request the removal of such content.

Consent and Appeals

  • Consent Requirement: All merchants are required to obtain consent from individuals depicted in the content before publishing it on FeetPics.com. Consent must be given willingly and in accordance with applicable laws and regulations.
  • Appeal Process: Any individual depicted in the content has the right to appeal for the removal of the content if they believe their consent was not given or is void under applicable law. The appeal process allows individuals to request the removal of content that violates their rights or privacy.

Appeal Procedure

  • Submission of Appeal: To initiate an appeal, the individual depicted in the content or their authorized representative may submit a written appeal to Customer Support at support@feetpics.com.
  • Information Required: The appeal should include detailed information regarding the content, reasons for the appeal, and any supporting evidence or documentation that supports the claim that consent was not given or is void.
  • Appeal Review: An independent and neutral body will conduct a thorough review of the appeal, considering all provided information and relevant factors. This review will be completed within 7 business days from the date of appeal submission.
  • Decision and Content Removal: If the appeal is successful, and it is determined that consent was not given or is void under applicable law, the content will be promptly removed from FeetPics.com.

Disagreements Resolution

In the event of a disagreement regarding the appeal decision, a neutral body will be engaged to facilitate a fair resolution. The decision of this neutral body will be final and binding.

Contact Information: For any inquiries or concerns regarding this Content Removal Policy and the appeal procedure, please contact our Customer Support at support@feetpics.com.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Backups

We are not responsible for the Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, MareaLABS SL. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by MareaLABS SL. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with MareaLABS SL. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of MareaLABS SL. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of MareaLABS SL. or third party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will MareaLABS SL., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of MareaLABS SL. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to MareaLABS SL. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold MareaLABS SL. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Spain without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Spain. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Spain, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Website owner

The website is owned and operated by FeetPics.com (MareaLABS), Avda. de Europa 26 ATICA 5, 2ª planta, 28224 Pozuelo de Alarcón, Madrid, Spain. All abuse notices should be directed to support@feetpics.com. Direct other feedback, support requests, comments and other communications relating to the website to us at support@feetpics.com.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

https://feetpics.com/contact/

This document was last updated on October 03, 2023

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