Terms and Conditions

Effective (May 22nd, 2024)

The following terms and conditions (the “Agreement”) govern all use of the Fillaneed website and any applications (such as mobile applications) (together with the Site, the “Service”) provided to you by “Fillaneed”. The Service is subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. Fillaneed reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement is void where prohibited by law, and the right to access and use the Service is revoked in such jurisdictions.

Scope.

The Service is a collaboration and social networking service. The Service allows users to save and share wishlists, images, products, and other information and content.

Age Restriction

User certifies to Fillaneed that if User is an individual (i.e., not a corporation) User is at least 13 years of age (provided that, if User is located in a state in which 13 is under the age of majority, then User represents he/she has the legal consent of a legal guardian to enter this Agreement). User also certifies that he/she is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

License.

Subject to the terms and conditions of this Agreement, User shall have a non-exclusive, non-transferrable, non-sublicensable access to the Service from User’s computer or mobile device solely for the purposes for which the Service is provided. This license is personal to User and User will not use the Service for any direct commercial purpose (such as, charging other users for access to (or use of) the Service or access to (or use of) any of User’s information.).

Restrictions

User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Fillaneed shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.

In the event User submits any information to the Service, User represents and warrants that User has the full right and authority to do so (without any infringement of, or conflict with, the rights of any third party).

Data Collection and Access

Data collection activities are subject to restriction by Fillaneed. Fillaneed reserves the right to impose limitations, including the complete denial of access, to any User or third party engaging in data collection activities from the Service. Such activities may include but are not limited to:

  1. API Calls: Unauthorized, excessive, or abusive use of Fillaneed’s Application Programming Interface (API).
  2. Scraping: Automated data scraping or crawling of content from the Service.
  3. Bulk and Automated Downloads: Mass downloading or automated retrieval of content from any part of the Service without prior authorization.

The determination of what constitutes unauthorized, excessive, or abusive data collection practices will be made by Fillaneed, in their sole discretion.

Special Permissions

Fillaneed may grant special permissions for data collection activities on a one-to-one basis. If you wish to seek special permissions or inquire about data access rights, please contact us at info@Fillaneed.

User Content.

The Service permits User to post/publish and products, links, images, and other information and content (“User Submissions”). User understands that their User Submissions may be made accessible to other Service Users or the general public – all as authorized (or permitted) by User.

By submitting the User Submissions, or displaying, publishing, or otherwise posting any content on or through the Service, User hereby does and shall grant Fillaneed a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to reproduce, distribute, display, and perform such User Submissions in connection with providing the Service to User. For clarity, the foregoing license grant to Fillaneed does not affect User’s other ownership or license rights in User’s User Submissions(s), including the right to grant additional licenses to the material in such User Submissions(s).

User shall be solely responsible for User’s own User Submissions and the consequences of posting or publishing it. User agrees that Fillaneed has no liability with respect to any User Submissions, including, without limitation, User’s own User Submissions, and User hereby irrevocably releases Fillaneed and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.

In connection with User’s User Submissions, User affirms, represents, and warrants that (and that User can and will demonstrate to Fillaneed’s full satisfaction upon its request): (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize Fillaneed to use each and every image and sound contained in each such User Submissions and to enable inclusion and use of such User Submissions in the manner contemplated by the Service and this Agreement; (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site, the Service and this Agreement; and (iii) the posting/publishing of User’s User Submissions on or through the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. User agrees to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by User to or through the Service.

In connection with User Submissions, User further agrees that User will not: (i) publish falsehoods or misrepresentations that could damage Fillaneed or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Fillaneed all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country. Fillaneed does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Fillaneed expressly disclaims any and all responsibility or liability in connection with User Submissions.

Fillaneed reserves the right to decide whether a User’s Submission is inappropriate or violates this Agreement, including but not limited to: copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length or storage size. Fillaneed also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by User, or to restrict, suspend or terminate User’s access to all or any part of the Site or the Service at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, Fillaneed assumes no responsibility for monitoring the Service for inappropriate content, or modifying or removing such content from the Service.

Application Content

User agrees that the Service contains content, information and materials specifically provided by Fillaneed or its partners or providers and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Fillaneed in writing, User shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. However, Fillaneed hereby grants User a limited, revocable, non-sublicensable license to view such content (excluding any software code) for User’s own, personal, non-commercial purposes; provided, that User retains all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any such content for any other purpose is strictly prohibited without the express prior written permission of Fillaneed. For clarity, User will not provide (including by display) such content in a public manner or otherwise to any third party.

MEMBER DISPUTES.

User is solely responsible for their interactions with other Service users. Fillaneed reserves the right, but has no obligation, to monitor disputes between User and other Service users. If User has a dispute with one or more users of the Service, User shall and hereby does release Fillaneed (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

INDEMNIFICATION.

User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless Fillaneed, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from User’s (i) access to or use of any of the Services, (ii) User Submission(s), (iii) violation of any law or regulation, (iv) negligence or willful misconduct or other fault, or (v) violation of this Agreement.

WARRANTY DISCLAIMER.

THE SERVICE AND ALL CONTENT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Fillaneed MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (II) THE RESULTS OF USING THE APPLICATION WILL MEET USER’S REQUIREMENTS, OR (III) THE SERVICE WILL NOT BE UNAVAILABLE FROM TIME TO TIME DUE TO MAINTENANCE OR CIRCUMSTANCES OUTSIDE Fillaneed’S CONTROL. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL Fillaneed, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.) (PROVIDED THAT, IF USER IS A PAYING SUBSCRIBER OF Fillaneed, SUCH CAP SHALL BE SET AT AN AMOUNT EQUAL TO THE FEES PAID BY USER TO Fillaneed FOR THE THEN-CURRENT SUBSCRIPTION PERIOD). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

TERMINATION.

Fillaneed may terminate User’s access to the Service at any time, with or without cause (and without penalty or liability). Upon termination, User will no longer access (or attempt to access) the Service. After termination, Fillaneed will delete the User’s data in a timely manner, if it is not needed for archival or other purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.

PRIVACY.

Fillaneed’s current privacy policy is (the “Privacy Policy”) is incorporated by this reference.

GUIDELINES.

Fillaneed’s current community guidelines (the “Guidelines”) are incorporated by this reference.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:

  1. Identification of the work or material being infringed.
  2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Fillaneed is capable of finding it and verifying its existence.
  3. Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
  4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Email: fillaneed.contact@gmail.com