Please note: Section 11 of the Terms of Service listed below contains a binding arbitration agreement and class action waiver for users in North and South America. By agreeing to the Terms, you and Feather agree to submit any disputes between us exclusively to individual arbitration and not to sue in court, except in the limited circumstances described in section 11.
Terms of Service
1. Accepting These TOS
This document (including any linked or referenced documents) represent our TOS of Use (the “TOS” for short).
The TOS are a legally binding contract between you and Feather.rsvp (currently incorporated in Delaware as Vianiko inc).
Please note that Section 11 contains an arbitration clause and class action waiver, and explains how to opt out of arbitration. Unless you validly opt out, you agree to resolve any disputes with FEATHER exclusively through binding individual arbitration, with limited exceptions (discussed below). This means you and FEATHER are waiving the right to sue in court, have a trial by jury, or participate in a class or representative action. Please read this Section carefully, as it affects your rights.
This contract sets out your rights and responsibilities when you use FEATHER.rsvp, any FEATHER apps, or other services provided by VIANIICO (our “Services”). By using any of our Services (even just browsing one of our websites or apps), you’re agreeing to the TOS. If you don’t agree with the TOS, you may not use our Services.
3. Your Privacy
We value your privacy. Our Privacy Policy details how your information is collected, used and shared when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy.
Both FEATHER and hosts process members’ personal information (for example, name, email address, home address and phone number) and are therefore considered separate and independent data controllers of user’s personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a host accidentally discloses a buyer’s name and email address during the sign-in process of an event, the host, not FEATHER, will be responsible for that unauthorised disclosure.
If, however, you (as a host) and FEATHER are found to be joint data controllers of buyers’ personal information, and if FEATHER is sued, fined, or otherwise incurs expenses because of something that you did (or failed to do) as a joint data controller of buyer personal information, then you agree to defend and indemnify FEATHER in accordance with Section 9 below.
4. Your Account with FEATHER
You’ll need to create an account with FEATHER to use some of our Services. Here are a few rules about accounts with FEATHER:
A. You must be 16 years or older to use our Services. Minors under 16 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use FEATHER or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.
B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
C. Use your real name. FEATHER requires you to use your full, real name since we want you to meet people in person.
D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the TOS on behalf of the business. Accounts are generally not transferable.
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F. These TOS don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and FEATHER.
5. Your Content
Content that you post using our Services is your content (“Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like the name of your community, profile pictures, descriptions of classes etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Rights You Grant FEATHER. (Here’s the legalese version of the last section). By posting Your Content, you grant FEATHER and, as authorised by FEATHER in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote FEATHER, your FEATHER account, other accounts, or the Services in general, in any formats and through any channels, including across any FEATHER Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
E. Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, or defamatory.
F. Incomplete content When you use our services in relation to an event, you agree to provide complete and accurate information about that event, including any information that is required (by you or by FEATHER) to be provided under any applicable laws. FEATHER will not be liable for your failure to do any of the requirements listed in 5E or 5F.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the TOS and the following restrictions in particular:
A. Don’t violate the law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences for any events promoted, sold or organised through FEATHER, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of any items or services, such as age verification and responsible service of alcohol, where required by law. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against FEATHER, another FEATHER user, or a third party.
B. Payment of fees. You are responsible for paying all fees that you owe to FEATHER. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, FEATHER will calculate, collect and remit value-added tax or VAT and sales tax. Some countries may refer to VAT using other TOS, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT”. We do not collect sales tax on behalf of you unless you direct us to or it is required by law. Where law requires sales tax collection we require you to inform us of the sales tax applicable to any good or service you make available on the platform.
If FEATHER is found to be a ‘‘Marketplace Facilitator’ under Applicable Law, hosts must promptly reimburse FEATHER for any and all such taxes paid by FEATHER on the host’s behalf. The host also must reimburse FEATHER for any and all expenses incurred with respect to the host’s failure to pay applicable taxes, including reasonable collection fees, or damages.
C. No web scrapers You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both FEATHER Intellectual Property and host Content) without our express permission.
D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
E. Follow Our Trademark Policy. The name "FEATHER" and the other FEATHER marks, phrases, logos, and designs that we use in connection with our Services (the FEATHER Trademarks), are trademarks, service marks, or trade dress of FEATHER in the US and other countries.
F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to FEATHER (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
G. Talk to Us Online. From time to time, FEATHER will provide you with certain legal information in writing. We can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and your electronic agreement is the same as your signature on paper.
FEATHER will sometimes need to send you important messages about your use of FEATHER’s website, mobile apps, or other services (collectively, our “Services”). This policy covers all of those messages, including the terms, policies and user agreements applicable to your use of the Services, billing statements, transaction information, privacy disclosures, tax statements, and other legal documents that will be provided to you electronically (collectively, the “Electronic Communications”).
Under this policy, you give your consent for FEATHER to provide you with the Electronic Communications (including all legal terms and legally-required disclosures) electronically. You also agree that your agreement with electronic terms and disclosures has the same legal effect as if you had signed an agreement on paper. For example, if language appearing next to a button on FEATHER's website informs you that you will agree to certain terms by clicking the button, then your click of the button will have the same legal effect as signing an agreement on paper.
FEATHER may provide you with Electronic Communications by (a) emailing them to you at the email address listed in your FEATHER account, (b) posting them on the FEATHER website or mobile applications, or (c) making them available via a website designated in an email notice to you. (d) any of a to d via text message.
In order to receive Electronic Communications, you must have the following:
A computer or mobile device;
A connection to the internet;
An internet browser that supports 128-bit encryption, with cookies enabled;
An active email address or phone number; and
Sufficient electronic storage space on your computer's hard drive or other data storage unit and/or an installed printer to print disclosures.
You may withdraw your consent to receive Electronic Communications at any time in your account or by submitting a request to us at contact@feather.rsvp
Note that if you withdraw your consent to receive Electronic Communications, such withdrawal will only be effective after FEATHER has had a reasonable period of time to process your withdrawal (usually 3 months). Additionally, if you withdraw your consent to receive Electronic Communications, and FEATHER is required to send you paper copies of communications, FEATHER may cancel your access to the Services.
In order for FEATHER to send you paper copies, you must have a current mailing address on file in your FEATHER account. FEATHER reserves the right to charge you reasonable fees to cover the costs of sending you paper copies of Electronic Communications.
H) Liability for refunds FEATHER is not liable to any Customer or third party for any Losses, demands, costs or expenses for any cancellation, postponement, delay or changes to an event, refusal of admission, or due to an inaccurate description of an event on the platform.
I) Chargeback While we will undergo reasonable effort to ensure there are no illegitimate credit card charge-backs relates to your account, you also agree to be 100% liable for any credit card charge-backs or other refunds that relate to payments received by you, including any fees levied by credit card operators or related entities.
J) 2.2 Third Party Offerings. FEATHER may from time to time allow you to use our services to access products made by other people (“Third Party Offerings”). These are not “Services” under this Agreement and are not subject to any of the warranties, service commitments or other obligations with respect to Services in this agreement. These Third Party Offerings could be dangerous and should be used at your own risk. Despite making a Third Party offering available, FEATHER does not give any endorsement of or affiliation with the Third Party Offering provider. FEATHER does not control Third Party Offerings and will have no liability to you with any Third Party Offerings. Mindbody has no obligation to monitor or maintain Third Party Offerings, and may disable or restrict access to any Third Party Offerings at any time. By using or enabling any Third Party Offering, you are expressly permitting FEATHER to disclose Your Data or other information to the extent necessary to enable the Third Party Offering. You agree to abide by the terms of conditions of those third party offerings.
7. Termination
Termination By You. You may terminate your account with FEATHER at any time by emailing contact@feather.rsvp.
Termination By FEATHER. We may terminate or suspend your account (and any accounts FEATHER determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our TOS. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, FEATHER will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our TOS or we have legal or regulatory reasons preventing us from notifying you.
If you or FEATHER terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services FEATHER reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in FEATHER’s policies under these TOS of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The TOS will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase and events you attend. You understand that FEATHER does not manufacture, store, organize, or inspect any of the items or events sold through our Services. We provide the marketplace; the items and events in our marketplaces are produced, listed, and sold directly by independent hosts, so FEATHER cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase or event you attend must be brought directly against the host of the item or event. You release FEATHER from any claims related to items or events sold through our Services, including for defective items, misrepresentations by hosts as to event quality, items that caused physical injury (like product liability claims), or any claims related to the conduct of an event.
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. FEATHER is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person.
Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own TOS of use. FEATHER is not a party to those agreements; they are solely between you and the third party.
Gift Cards and Promotions. You acknowledge that FEATHER does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
WARRANTIES. FEATHER IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FEATHER (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TOS. IN NO EVENT SHALL FEATHER’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100, (B) ANY AMOUNTS DUE UNDER THE FEATHER PURCHASE PROTECTION PROGRAMME UP TO THE PRICE YOU PAID FOR AN ITEM SOLD BY A THIRD PARTY ON FEATHER (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL POSTAGE COSTS, OR (C) THE AMOUNT YOU PAID FEATHER IN FEES IN THE PAST 12 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification (and What Happens If You Get Us Sued)
We hope this never happens, but if FEATHER gets sued or receives a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold FEATHER (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the TOS, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of FEATHER’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. FEATHER has no obligation to resolve, or to assist in resolving, any disputes.
Release of FEATHER. You release FEATHER from any claims, demands, and damages arising out of disputes with other users or third parties.
11. Arbitration Agreement and Class Action Waiver
We’re here to help you resolve any issues you might have with our service. If we can’t solve your problem though, you and FEATHER (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury, except in the limited circumstances described below.
This Section 11 (which we’ll also refer to as the “Arbitration Agreement” or “Agreement”) applies only if you are a user in North or South America, and applies to the fullest extent allowable by law.
Please read this Section carefully, as it affects your rights.
A. Disputes that We’ll Arbitrate. You and FEATHER agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the TOS, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by FEATHER or its users, in each case including disputes that arose before the effective date of these TOS (each, a “Dispute”). The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). All other Disputes must be arbitrated, which means you and FEATHER are each waiving your right to sue in court and have a court or jury trial.
B. Class and Representative Action Waiver. You and FEATHER agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualised relief, and, except as provided in Section 11.F (Batch Arbitration), disputes between us cannot be arbitrated or consolidated with those of any other person or entity. If a court (after exhaustion of all appeals) decides that any part of this Section 11.B is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).
C. Informal Dispute Resolution. Before filing an arbitration, you and FEATHER will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualised written notice (“Notice of Dispute”) to contact@feather.rsvp that includes (1) your name, phone number, username and shop name (if applicable), and email address for your account, and (2) a description of the Dispute and how you’d like it resolved. If FEATHER has a Dispute with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and FEATHER must cooperate to schedule that meeting by phone or videoconference. You and FEATHER each will personally participate and can each bring counsel, but the conference must be individualised, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
D. Arbitration Rules and Procedures. To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). You may serve FEATHER with any arbitration demand by post to: FEATHER, Inc. c/o The Corporation Trust Company, 1209 Orange Street, Wilmington, DE 19801. If FEATHER has a dispute with you, we will send an arbitration demand to the email address for your account. If the AAA cannot or will not administer the arbitration in accordance with Section 11, you and we will select another provider (and if we can’t agree, a court will choose the provider).
The arbitration will be conducted in the English language by a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. If an in-person hearing is required, it will be held in the county where you live (for US residents), New York County, New York (for non-US residents), or as determined by the arbitrator (in the case of Batch Arbitration).
The arbitration will be decided under AAA’s Consumer Arbitration Rules, as modified by this Agreement. But if you are using the Services as a business and either your or FEATHER’s claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by this Agreement. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defences, offers of judgement/compromise and fee-shifting rules in the same way as a court would.
The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section 11 (Arbitration and Dispute Resolution Agreement), and either party’s compliance with Section 11.C (Informal Dispute Resolution). Except as provided in Section 11.F (Batch Arbitration), the arbitrator can award damages and other relief only in favour of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and FEATHER. Judgement on the award may be entered in any court with jurisdiction.
E. Arbitration Fees. Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules and fee schedules, unless otherwise stated in this Arbitration Agreement. If you are a consumer and your share of Arbitration Fees is more than you’d otherwise pay in court, let us know, and FEATHER will pay the difference on your behalf.
F. Batch Arbitration. To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 50 claimants each (“Batch”). Specifically, upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-50 claimants), or (2) Batches of 50 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 50 claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimise the time and costs of arbitration. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this Section 11.F is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.
G. Opt out. You have a limited right to opt out of this Arbitration Agreement (excluding Section 11.I). Specifically, iIf you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the TOS. If you are an existing user of our Services, you can opt out within 30 days after the effective date (listed above). To opt out, you must send a timely email to contact@feather.rsvp with your name, the email address for your account, your username and your shop name (if applicable), and a request to opt out of arbitration. If you validly opt out, neither FEATHER nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the TOS (and any other agreements between us) will otherwise apply to you. If we update the TOS after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.
H. Future Changes to the Arbitration Agreement. FEATHER will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing contact@feather.rsvp within 30 days after you receive notice, including your name, email address associated with your account, and your FEATHER account(s). Otherwise, you’ll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you and FEATHER, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you’ll be bound by the most recent version of the Arbitration Agreement before the change you rejected.
I. Choice of Law and Forum. FEATHER is based in Delaware, so if there are claims between you and FEATHER that aren’t subject to arbitration, you and FEATHER each agree to litigate those claims exclusively in state or federal court in Delaware, and to submit to the personal jurisdiction of those courts. The exception is if you file in small claims court – you can do that in the county of your residence. Except as prohibited by law, these TOS, and all disputes between us, shall be governed exclusively by New York law, without regard to conflict-of-law rules, and U.S. federal law (including the Federal Arbitration Act). For clarity, this Section 11.I will continue to apply even if you validly opt out of arbitration under Section 11.G.
12. Dispute Resolution (Rest of World)
This Section 12 applies if your country of principal residence or establishment is within Europe (including the European Economic Area, Switzerland, and the United Kingdom), Asia, Australia, or Africa. Because your contract is with FEATHER Ireland, we each agree that the TOS and any disputes between us will be exclusively governed by Irish law, and exclusively decided in the courts of Ireland, except to the extent prohibited by law. If you are an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If FEATHER needs to enforce its rights against you as an individual consumer, we will do so only in your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
If a dispute arises between you and FEATHER, we encourage you to contact us to seek a resolution, and/or to follow the Informal Dispute Resolution process outlined in Section 11.C above. For EU hosts, you or FEATHER also may refer qualifying disputes to mediation before the Centre for Effective Dispute Resolution or resolution through the European Commission's online dispute resolution platform.
14. Contact by Feather and hosts
By joining a Feather and or an event, you are consenting to be contacted by that Feather or hosts by email, text message, SMS and/or MMS message for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Feather or its affiliates or partners. In the event you no longer wish to receive such text messages from a host, you can reply to any text, SMS or MMS message you receive from a host by texting “STOP” to cancel or “HELP” for customer support information. You can unsubscribe to any emails by clicking “unsubscribe” in the email body.
Feather uses third party SMS providers to ensure that hosts can contact event attendees. Hosts agree to abide by the any laws or policies governing the sending of SMS messages in the region that a message is being sent.
14. Contact by Feather and hosts
Feather uses payment processors to securely process payments for paid events. By using Feather, you agree to abide by any payment processessors’ terms and conditions.
15. Refunds
Hosts are solely responsible for refunding customers, and no refunds may be sought from Feather.rsvp. Where an event is canceled or where your country’s consumer law requires it, refunds can be sought by contacting the event organizer.
If you have any questions about payments you can contact us on contact@feather.rsvp. Or, you can call the co-founders on 201 503-4712. You can also mail us at 227 Wyckoff Avenue 3L Brooklyn 11237
16. Security
Feather’s website is extremely secure, and we abide by all of PCI’s security standards available here.
17. Changes to the TOS
We may update these TOS from time to time, including by adding entirely new TOS and deleting existing TOS. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated TOS. If you do not agree with the changes, you may close your account.
18. Some Legal Points
The TOS, including all of the policies that make up the TOS, supersede any other agreement between you and FEATHER regarding the Services. Except as provided in Section 11, if any part of the TOS is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the TOS will otherwise remain in full force and effect. Our failure to enforce any part of the TOS is not a waiver of our right to later enforce that or any other part of the TOS. We may assign any of our rights and obligations under the TOS.
19. Contact Information
If you have any questions about the TOS, please email us at contact@feather.rsvp.