If you have come to this page from any website other than www.fuzz.com, the music on the website you just arrived from is powered by Feed Media Inc.
Last updated August 7, 2013.
THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND FEED, THE OWNER AND OPERATOR OF THE SERVICE. BY USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE - AND ARE NOT AUTHORIZED TO USE - ALL OR ANY PORTION OF THE SERVICE.
The preceding paragraphs are an integral part of these Terms and are hereby incorporated by reference into the Terms. You understand and agree that these Terms are entered into in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
1.2. Changes to these Terms
We reserve the right to revise these Terms at any time and without prior notice to you other than by posting the revised Terms on the Service. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of the Service after any revision to these Terms constitutes your binding acceptance of the revised Terms. Notwithstanding the preceding sentences of this Section 1.2, no revisions to these Terms will apply to any dispute between you and us that arose prior to the date of such revision.
1.3. Evolving Nature of the Service
The Service is evolving. We are continually looking to improve the Service but if you are at any time dissatisfied with the Service, then your sole remedy is to discontinue use of the Service. However, we do want to hear from our Users (as defined below) so do not hesitate to send us an e-mail at firstname.lastname@example.org to let us know what you think.
1.4. Entity Subscribers
Presently, accounts on the Service (each, an “Account”) are limited to individual users (“Users”), with a limit of one Account per User. If you desire to open an Account on behalf of a company, entity or organization (each a “Subscribing Entity”), you should send a request to email@example.com. By making such a request (or creating an Account without making such a request), you represent and warrant that you: (a) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms and (b) agree to be bound by these Terms on behalf of such Subscribing Entity and any additional terms (“Ancillary Terms”) we may impose. Any decision to grant such a request shall be made in our sole discretion. Ancillary Terms may not be the same for all Subscribing Entities.
2. Use of the Service
The Service is not intended for children under the age of 13. If you are under the age of 13, then you must not use or access the Service.
4. Service Security
4.1. Personal Security
4.2. Service Security
You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. In addition, we may, in our sole discretion, terminate your privilege to use the Service. We reserve the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.
5. Content Submitted To The Service
You may associate text, video, audio, images, messages, comments or other content (collectively, but excluding Internet Radio Content, “User Content”) with your Account by uploading, posting or transmitting it to the Service (collectively, “Posting”). Posting includes indirectly Posting to the Service via a Third-Party Site, or indirectly posting to a Third-Party Site via the Service.
Sound recordings Posted by you for use by you and/or other Users in stations, playlists or other collections of sound recordings for playback by Users in a manner compliant with the terms applicable to webcasting under the Digital Millennium Copyright Act (“DMCA”) is referred to as “Internet Radio Content.”
5.2. User Content
5.3. Internet Radio Content Responsibility
5.4. Special Indemnification
In addition to and without limiting any of our rights and remedies in Section 14 below, you represent, warrant and agree that, in the case of a violation by you (whether acting directly or through your agents or representatives) of any of the provisions of this Section 5, and notwithstanding any other provisions of these Terms, you represent and warrant that you shall advance all Expenses (as defined in Section 14 below) incurred by or on our behalf in connection with any proceeding arising in whole or in part from such violation (including, without limitation, a proceeding brought or joined by you) within 21 days after the receipt by you of a statement or statements from us requesting such advance or advances from time to time, whether prior to or after final disposition of such proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by us and shall include or be preceded or accompanied by a written undertaking by or on behalf of us to repay any Expenses advanced if it shall ultimately be determined that we are not entitled to be indemnified against such Expenses. You agree that any advances and undertakings to repay pursuant to this Section 5.4 shall be unsecured and interest free. You represent, warrant and agree that you shall not seek from a court, or otherwise agree to, a “bar order” which would have the effect of prohibiting or limiting our rights to receive advancement of expenses under this Section 5.4.
6.1. Log In Credentials
In order to use certain functionalities of the Service, such as Posting comments or creating your own playlist, you will have to register for an Account or log in using your Facebook credentials. You are only permitted to have one account on the Service. If you are suspected of having created two accounts on the Service, then Feed may immediately terminate both accounts without notice and without any liability to you, and may permanently bar you from use of the Service. You are responsible for maintaining the confidentiality of your log-in credentials in order to use the Service, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. We will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying us of such unauthorized use or loss of your credentials.
6.2. Accuracy of Information
You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by us. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an e-mail address provided by you are returned as undeliverable, we reserve the right to terminate your account immediately with or without notice to you and without any liability to you or any third party. If you impersonate any other person while using the Service, including through the user of another person's name or persona, then Feed reserves the right, in its sole discretion to terminate your right to use your name or selected user name and without any liability to you.
7. User-to-User Communication Services; Sharing of Listening Habits; Sharing of Content of Stations and Dedications
7.1. Chats on Facebook
7.2. Sharing of Listening Habits
By connecting your Account with a Third Party Site such as Facebook you may choose to make your listening habits and music likes and dislikes available through such Third Party Sites. By sharing your listening information you will be making such information available to anyone who has access to your profile on a Third Party Site (e.g., your friends on Facebook or every other user of the Third Party Site). The information you choose to share through a Third Party Site shall be controlled through such Third Party Site and subject to such Third Party Site’s terms and policies. We are not responsible, and shall have no liability to you, for any information you choose to make available through a Third Party Site or for any failure of such Third Party Site to protect the confidentiality of any information you share through such Third Party Site. Notwithstanding the foregoing, we reserve the right to terminate your use of the Service if you engage in any activities on a Third Party Site that reflects poorly on the Service, including, but not limited to, through offensive, disparaging, hateful or harmful comments about other Users or the posting of infringing, defamatory, or obscene content or comments.
7.3. Responsibility for Postings
You should exercise caution, good sense and sound judgment in submitting messages to be posted through a Third Party Site such as Facebook. Think and read twice before you post anything. Once something is posted online it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. You are responsible for any comments or materials you post on or through any Third Party Sites, and assume all liability arising out of a post. We make no representations and warranties with respect to the confidentiality of any posts you make through the Service or on a Third Party Site.
8. Disputes Between and Among Users
You agree that all disputes between you and any other User(s) of the Service arising out of use of the Service, shall be resolved between you and such other User(s) directly. You are solely responsible for your interactions with other Users of the Service. By using the Service, you do not surrender any of the rights or causes of action you may have against any other User(s) of the Service; provided, however, that any disputes you have with Feed are subject to the dispute resolution provisions of these Terms.
Feed, including Feed’s employees, representatives and agents, are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to, any communications, transactions, interactions, disputes or any relations whatsoever between Users. Feed does not guarantee the accuracy of messages or User communications offered on or through the Service.
9. Other Inventions and Concepts; Feedback
To the extent you disclose any inventions or concepts to Feed or provide us with any feedback, suggestions or ideas (collectively, “Ideas”), by any manner of communication or in any form, you hereby grant Feed a perpetual, irrevocable, assignable, sublicensable (through multiple tiers), and royalty-free license throughout the universe to Use those Ideas for any and all purposes in Feed’s sole discretion, without any obligation of payment or recognition to you or any other third party.
10. Other Prohibited Activities
10.1. In using the Service, you agree not to:
YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU MAY BE EXPOSED TO PRODUCTS, PHOTOGRAPHS, ARTWORK, MESSAGES, USER CONTENT, AND INTERNET RADIO CONTENT FROM A VARIETY OF SOURCES, AND THAT WE ARE NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO PRODUCTS, PHOTOGRAPHS, ARTWORK, MESSAGES, USER CONTENT, AND INTERNET RADIO CONTENT THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT THERETO. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY PRODUCTS, PHOTOGRAPHS, ALBUM ARTWORK, MESSAGES, USER CONTENT, AND INTERNET RADIO CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY OF THE FOREGOING, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCTS, PHOTOGRAPHS, ALBUM ARTWORK, MESSAGES, USER CONTENT, AND INTERNET RADIO CONTENT POSTED, E-MAILED, UPLOADED OR OTHERWISE DISPLAYED, PERFORMED OR TRANSMITTED ON OR THROUGH THE SERVICE. BY ACCESSING OR USING ANY PRODUCTS, PHOTOGRAPHS, SKETCHES, ARTWORK, MESSAGES, USER CONTENT, AND INTERNET RADIO CONTENT TRANSMITTED ON OR THROUGH THE SERVICE, YOU WAIVE ANY AND ALL CLAIMS AGAINST US THAT YOU MAY HAVE ARISING OUT OF THE FOREGOING.
12. Intellectual Property Rights
The content made available on or through the Service, including, without limitation, any text, software, graphics, photos, sounds, music, videos and interactive features, but excluding User Content and Internet Radio Content (“Feed Content”), may be protected by copyright or other intellectual property rights and owned by us or our third party licensors. Feed Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner thereof. Modification of Feed Content, Internet Radio Content or User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of our copyrights and other proprietary rights or those of our licensors, unless you have obtained express written authorization to the contrary. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to us.
All trademarks, service marks, logos and trade names on the Service (“Feed Marks”), whether registered or unregistered, are proprietary to us or to other companies where so indicated. You may not reproduce, download or otherwise use any Feed Marks without the prior written consent of the appropriate owner thereof.
12.3. No Implied Rights
There are no implied licenses granted in these Terms.
13. Links to Third Party Sites
As you use the Service you may notice links to Third-Party Sites. These links are for convenience only. If you use these links, you will leave the Service. Certain of these Third-Party Sites may make use of our proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from us. We are not responsible for the availability or content of these Third-Party Sites or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not we are affiliated with the owners of such Third-Party Sites. In addition, the provisioning of these links to Third-Party Sites is not an endorsement or approval by us of the organizations sponsoring such Third-Party Sites or their products or services. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY ADVERTISING ON THE SERVICE.
You agree to indemnify, defend, and hold us (and our parent, subsidiaries, affiliates, investors, sublicensees or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, contractors, and assigns) and other Users who may access or use any User Content you upload to or make available on the Service, harmless from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (1) your use or misuse of the Service; (2) your User Content, including our or any user’s Use of your User Content consistent with these Terms; (3) your breach or other violation of these Terms, including any representations, warranties and covenants herein; or (4) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Content infringes or violates any third-party intellectual property rights or other proprietary rights (collectively, all such fees and expenses, “Expenses”). Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us if we, in our reasonable discretion, conclude that you are not adequately protecting our interests or are incapable of protecting our interests, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SERVICE, USER CONTENT, AND ANY THIRD PARTY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH OR IN RELATION TO THE SERVICE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU MAY BE EXPOSED TO MESSAGES, USER CONTENT, AND THIRD PARTY ADVERTISING FROM A VARIETY OF SOURCES, AND THAT FEED IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING THERETO. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO MESSAGES, USER CONTENT, AND THIRD PARTY ADVERTISING THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST FEED WITH RESPECT THERETO. UNDER NO CIRCUMSTANCES WILL FEED BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY MESSAGES, USER CONTENT, AND THIRD PARTY ADVERTISING, INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING ACCESSIBLE ON OR THROUGH THE SERVICE. BY ACCESSING OR USING ANY USER MESSAGES, USER CONTENT, OR THIRD PARTY ADVERTISING TRANSMITTED ON OR THROUGH THE SERVICE, YOU WAIVE ANY AND ALL CLAIMS AGAINST FEED THAT YOU MAY HAVE ARISING OUT OF OR RELATING THERETO.
NON-RELIANCE OF USER. YOU ACKNOWLEDGE THAT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FEED AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT NO OFFICER, EMPLOYEE, REPRESENTATIVE, OR AGENT OF FEED OR ANY OF ITS SUBSIDIARIES HAS ANY AUTHORITY, EXPRESS OR IMPLIED, TO MAKE ANY REPRESENTATIONS, WARRANTIES OR AGREEMENTS NOT SPECIFICALLY SET FORTH IN THESE TERMS AND SUBJECT TO THE LIMITED REMEDIES HEREIN PROVIDED. YOU SPECIFICALLY DISCLAIM THAT YOU ARE RELYING UPON OR HAVE RELIED UPON ANY SUCH OTHER REPRESENTATIONS, ADVICE, OR WARRANTIES, WHETHER ORAL OR WRITTEN, THAT MAY HAVE BEEN MADE BY AN OFFICER, EMPLOYEE, REPRESENTATIVE OR AGENT OF FEED, THROUGH THE SERVICES OR BY ANY PERSON, AND ACKNOWLEDGE AND AGREE THAT FEED HAS SPECIFICALLY DISCLAIMED AND DOES HEREBY SPECIFICALLY DISCLAIM ANY SUCH OTHER REPRESENTATION, ADVICE OR WARRANTY MADE BY AN OFFICER, EMPLOYEE, REPRESENTATIVE OR AGENT OF FEED, THROUGH THE SERVICE OR ANY PERSON NOT EXPRESSLY STATED HEREIN.
YOU ACKNOWLEDGE THAT FEED AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, PRODUCTS, USER CONTENT, MERCHANDISE, OR DATA THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY OF THE FOREGOING. YOU SPECIFICALLY DISCLAIM ANY OBLIGATION OR DUTY BY FEED TO MAKE ANY DISCLOSURES OF FACT NOT REQUIRED TO BE DISCLOSED PURSUANT TO THE SPECIFIC REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS. YOU AGREE THAT YOU ARE USING THE SERVICE SUBJECT ONLY TO THE SPECIFIC REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS AS FURTHER LIMITED BY THE SPECIFICALLY BARGAINED-FOR EXCLUSIVE REMEDIES AS SET FORTH BELOW.
16. Limitation of Liability
IN NO EVENT WILL WE (OR OUR OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE; (2) ANY PRODUCTS ADVERTISED, PROMOTED OR DISPLAYED ON THE SERVICE; AND (3) CONTENT (INCLUDING USER CONTENT, INTERNET RADIO CONTENT AND FEED CONTENT) MADE AVAILABLE THROUGH FEED, IN EACH INSTANCE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF WE OR OUR LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE OR OUR LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
17. Limitations; Basis of the Bargain
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, INCLUDING OUR ABILITY TO OFFER THE SERVICE TO YOU WITHOUT CHARGE, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT WE WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
18. Term and Termination
These Terms, as amended, will be effective commencing with your first use or registration for the Service and will remain in full force and effect throughout your use of the Service.
18.2 Termination by Us
We may terminate your use of the Service or any of our features or services at any time and for any reason, with or without notice, including, but not limited to, the ability of Users to program Internet Radio Content, for conduct violating these Terms or upon our sole determination, without liability to you. You hereby agree to our broad right of termination. You agree that if your use of the Service is terminated pursuant to these Terms, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. Upon our termination of your use of the Service, we may, but shall not be required to, delete any of your User Content and/or Internet Radio Content available on or through Feed and terminate your access to such content if those materials remain on Feed, without any liability to you.
18.3 Termination by You
You are free to terminate your use of the Service at anytime. You can simply choose to stop visiting or using any aspect of the Service. If you wish to terminate your account on the Service, you may do so by sending an e-mail to firstname.lastname@example.org or using any other account termination functionality that maybe offered through the Service. You should include your user name and registered e-mail address when requesting account termination. You acknowledge that we may send you a confirmatory e-mail notification to the registered address prior to the termination of your account.
19. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
We respect the intellectual property of others and take the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
Our intellectual property policy is to (a) remove material that we believe in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (b) remove any User Content posted to the Service by “repeat infringers.” We consider a “repeat infringer” to be any user that has uploaded User Content to Feed and for whom we have received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. We have discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon our own determination.
19.2 Procedure for Reporting Claimed Infringement.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
We reserve the right to share and publicly disclose any notifications of claimed infringement received by us, including through posting on Third Party Sites such as www.chillingeffects.org.
19.3 Designated Agent Contact Information
Our Designated Agent for Notifications of Claimed Infringement can be contacted at:
Via U.S. Mail:
Feed Media Inc.
Mission Tower Two
3945 Freedom Circle, Suite 540
Santa Clara, CA 95054
Attn: Copyright Agent
19.4 Counter Notification
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
19.5 False Notifications of Claimed Infringement or Counter Notifications.
The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2)that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [our] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f).
We reserve the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance of doubt, only notices submitted under the DMCA and the procedures set forth in this Section 19 should be sent to the Designated Agent at email@example.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about the Site, the operation of the Service or any other matter should be sent to firstname.lastname@example.org.
21. Jurisdictional Issues
The Service is controlled and operated by us from our offices within the State of California. We make no representation that materials on the Service is appropriate or available for use in other locations. Those who choose to access or use the Service from other locations, including from outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
22. Dispute Resolution
22.1 Mandatory Arbitration
Please read this carefully. It affects your rights. YOU AND US, AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
22.2 Choice of Law; Choice of Forum
These Terms and your use of the Service shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and us under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the San Francisco, California, and you, and we, hereby submit to the personal jurisdiction and venue of these courts, and you waive any claim of inconvenient forum.
22.3 Equitable Relief
The foregoing provisions of this Dispute Resolution section do not apply to any claim in which we seek equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by us or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against us, including with respect to any User Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
You agree, and we agree, that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
22.5 Improperly Filed Claims
All claims you bring against us must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, we may recover attorneys’ fees and costs up to $5,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
23.4 No Agency
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these Terms.
The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms, including, but not limited to, Sections 4 (Service Security), 5 (Content Submitted to the Service), 8 (Disputes Between and Among Users), 9 (Other Inventions and Concepts; Feedback), 10 (Other Prohibited Activities), 11 (Disclaimer), 12 (Intellectual Property Rights), 13 (Links to Third-Party Sites), 14 (Indemnity), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Limitations; Basis of the Bargain), 20 (Privacy), 22 (Dispute Resolution), and 23 (Miscellaneous).
The heading references in these Terms are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
23.7 Entire Agreement
This is the entire agreement between you and us relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by us as authorized in these Terms.
The services hereunder are offered by Feed Media Inc., located at Mission Tower Two, 3979 Freedom Circle, Suite 610, Santa Clara 95054. You may contact us by sending correspondence to the foregoing address or by e-mailing us at email@example.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your email address and a request for these Terms.