Please carefully review this End User License Agreement and Terms of Service Agreement ("Agreement"), Privacy Policy, Cookie Policy, and Community Guidelines. By registering, visiting, accessing, downloading or using our Services you are agreeing to a legally binding contract.
This Agreement governs your activity using the Services and is effective immediately upon your access to the Services. Favorite Things may terminate your use of the Services with or without cause or notice in its sole discretion. By using the Services, you understand and agree to all terms and conditions of this Agreement.
Favorite Things may modify the Agreement at any time. If you have registered as a user with an account and an email address, Favorite Things will notify you of any material changes prior to those changes taking effect. The Agreement and any accompanying or incorporated terms are effective immediately upon posting. You should review all applicable terms regularly.
Favorite Things will also post the terms at favoritethingsofficial.com/terms-of-service. Where translations are provided, these are for convenience only; the English version is controlling in all cases.
JR Collective, Inc. d/b/a Favorite Things provides mobile tools which allow you to view content, and operates various platforms, applications, and online websites including all domains and subdomains at favoritethingsofficial.com. Our Services allow you to share your favorite products and services with your community and provide reviews of products and services. Our Services create technological and commercial relationships between third-party retailers, brands, advertisers and other businesses ("Merchants") and shoppers. Our Services allow for real recommendations by friends and your community, and may include paid advertising links or commissions from partner advertisers or Merchants.
We may change, suspend, or terminate your use of the Services at our discretion, including associated linking technologies and Third Party Apps. Favorite Things may change, suspend or terminate your use of the Services with or without cause or notice to you. In the event of termination, all your representations, warranties, indemnifications, and promises shall survive. We may, but do not promise to, store or keep any content that you have provided, liked or posted. Favorite Things shall not be liable for any loss or damage caused by or arising from any such discontinuation of services.
Favorite Things reserves the right to discontinue the Services or to change the content or any component of the Services in any way and at any time, with or without notice, and without liability. All features may not be available to all users.
Eligibility. To use our Services, you must (1) be at least 16 years of age and (2) be either old enough to lawfully enter into this Agreement yourself or have your parent or legal guardian do so. If you are 16 or older but under the applicable age of majority in your jurisdiction, you agree to review this Agreement with a parent or legal guardian. Favorite Things does not encourage, solicit, or permit visitors to the Services who are under the age of 16.
Registration. As part of the registration process, you will select a username and password. You agree to protect your password and not share your account with others. You are solely responsible for maintaining the confidentiality of your username and password and for all activities conducted through your account. You agree to notify Favorite Things immediately of any unauthorized use of your account.
Updates. Favorite Things shall have the right in its sole discretion to substitute, replace, modify, update or upgrade the Services as it deems advisable. You will be required to utilize the most current version provided. Depending on the update, you may not be able to use the Services until you have downloaded the latest version and accepted any new terms that may apply.
Messages. You agree to receive messages from us, including marketing materials, through the Services or through your contact information such as email. Any notice sent to you via such email address by Favorite Things shall be deemed given, received, and read by you, whether or not it actually is received.
Favorite Things Limited License to You. Subject to your acceptance of this Agreement, Favorite Things grants to you a personal, non-exclusive, non-transferable, revocable limited license to download, access and use the Services and related software for your non-commercial, personal use on a device of which you are the primary user. You may not copy, rent, lease, lend, sell, assign, transfer, distribute, sublicense or prepare derivative works of any of the Services.
Posting Content. Our Services include the ability to upload or post content including text through the Services or making contact with other users. You warrant that any such content complies with this Agreement and the Community Guidelines. You further agree and represent that you own any content that you publish or transmit and that you have received all necessary permissions. Favorite Things has the right to remove, disallow, block, or delete any posting you make on our Services if, in our sole discretion, your post does not comply with this Agreement or the Community Guidelines.
Restrictions on Your Use. You agree that systematic retrieval of data from the Services to create or compile a collection, compilation, database or directory without the express written permission of Favorite Things is strictly prohibited. You may not use any robot, spider, or other automatic device to monitor or copy web pages or content. You agree that you will not use the Services for any unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.
Your License to Favorite Things. You grant to Favorite Things a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, publicly display, archive, and otherwise use and exploit your data, in whole or in part, in any manner, medium, or form, as Favorite Things sees fit in its sole discretion, including without limitation use for the purpose of operating, promoting, and improving the Services.
If you choose to share content through the Services in areas that others can view, copy, and use, then you do so at your own risk. FAVORITE THINGS IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, THE USE OR DISCLOSURE OF ANY INFORMATION, COMMUNICATION, OR CONTENT THAT YOU VOLUNTARILY SUBMIT THROUGH THE SERVICES IN AREAS THAT OTHERS CAN VIEW, COPY AND USE.
You agree not to behave inappropriately or harass other users. Favorite Things reserves the right to determine if an act is offensive. Inappropriate content includes anything Favorite Things determines to be offensive, including content that:
Violating this Agreement may lead to you being immediately and permanently banned from the Services.
Your decision to access Linked Technologies and Third Party Applications is at your own risk. The Services may contain links to Third Party sites, networks, platforms or apps. Favorite Things is not responsible for and cannot control the terms of service or privacy policies of such linked technologies. Inclusion of any Linked Technologies in the Services does not imply approval or endorsement by Favorite Things.
Unless otherwise specified, all materials that are part of the Services are owned, controlled, or licensed by Favorite Things and are protected by law from unauthorized use. The entire contents of the Services are protected under copyright, patent, trademark, and/or other intellectual property laws. Favorite Things, the FT logos, and all designs are trademarks and/or trade dress of Favorite Things and may not be used without the express written permission of Favorite Things. You do not acquire any ownership rights by using the Services. Rights not expressly granted herein are reserved by Favorite Things.
You agree to comply with all U.S. and foreign export laws regarding the importation and exportation of goods and services. You represent and warrant that you are not located in any country to which the United States has embargoed goods or that has been designated as a "terrorist supporting" country, and that you are not listed on any United States list of prohibited or restricted parties.
The content contained in the Services, and the terms, conditions, and descriptions that appear, are subject to change. Not all Products or Services may be available in all geographic areas or to all users.
Favorite Things may assign its rights and obligations under this Agreement freely. You may not assign any rights or obligations under this Agreement without Favorite Things's written consent.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT ALLOWED BY LAW, FAVORITE THINGS AND ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, AND ACCURACY OF INFORMATIONAL CONTENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
WHEN PERMITTED BY LAW, FAVORITE THINGS PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, FAVORITE THINGS PARTIES' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS FAVORITE THINGS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, ATTORNEYS' FEES, EXPENSES, AND SETTLEMENTS, WHETHER GROUNDED IN CONTRACT, TORT, STATUTE, LAW OR EQUITY, INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, THE MATERIALS THE SERVICES CONTAIN, ANY SITES OR APPLICATIONS LINKED TO THE SERVICES, ANY ALLEGED VIOLATION OF THE AGREEMENT, AND ANY ALLEGED VIOLATION OF THE RIGHTS OF A THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN INDEMNIFICATIONS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AND WE AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS AGREEMENT OR THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THIS AGREEMENT ALSO INCLUDES A TRIAL BY JURY WAIVER AND CLASS ACTION WAIVER.
Any and all claims, grievances, demands, controversies, causes of action, or disputes of any nature, that cannot be settled by mutual agreement, will be finally settled by binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce ("ICC"). The arbitration will be conducted in English before a panel of three arbitrators seated in Delaware or California.
Claim Resolution. Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against Favorite Things.
Choice of Law, Venue. For any matters not subject to mandatory binding arbitration, the laws of the State of Delaware or California (USA), without application of conflict of law provisions, will apply. All claims arising out of or relating to this Agreement will be litigated exclusively in the federal or state courts of Delaware or California, to be chosen by Favorite Things Parties.
If you downloaded the Apps from Apple's App Store, the following additional terms apply. This Agreement is between you and Favorite Things only, and not with Apple. Apple is not responsible for the Sites, the Apps, or the content thereof, and has no obligation to furnish any maintenance and support services with respect to the Apps. Apple has no warranty obligations. Apple is not responsible for addressing any claims you or any third party have relating to the Apps. Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right to enforce this Agreement against you as a third-party beneficiary.
Force Majeure. Favorite Things Parties shall not have any liability for any failure to perform obligations under this Agreement if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, war, terrorism, failure of utilities or telecommunications, failure of third party software, or other cause beyond the reasonable control of Favorite Things Parties.
Waiver / Severability. If any provision of the Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired. Favorite Things's failure to require or enforce strict performance of any provision shall not be construed as a waiver of any such provision or right.
Any notices or communications pursuant to this Agreement must be sent to:
ATTN: Legal — Favorite Things
32701 Bigstone Place, Westlake Village, CA 91361