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TERMS OF USE
Last updated
June 07, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Team Feed ("Company," "we," "us," "our").
We operate the website https://app.teamfeed.space (the "Site"),
as well as any other related products and services that refer or link
to these legal terms (the "Legal Terms") (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and Team Feed, concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Services from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and
you waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Legal Terms to stay informed
of updates. You will be subject to, and will be deemed to have been made
aware of and to have accepted, the changes in any revised Legal Terms by
your continued use of the Services after the date such revised Legal Terms
are posted.
The Services are intended for users who are at least 13
years of age. All users who are minors in the jurisdiction
in which they reside (generally under the age of 18) must
have the permission of, and be directly supervised by,
their parent or guardian to use the Services. If you are a
minor, you must have your parent or guardian read and
agree to these Legal Terms prior to you using the
Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to
any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the
Services from other locations do so on their own initiative and
are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use the Services. You may not use the Services in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights
and unfair competition laws) and treaties in the United States
and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use
or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including
the "PROHIBITED ACTIVITIES" section below, we grant
you a non-exclusive, non-transferable, revocable license to:
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access the Services; and
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download or print a copy of any portion of the Content to
which you have properly gained access.
solely for your personal,
non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in
our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or
publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or
displaying our Content.
We reserve all rights not expressly granted to you in and to
the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right
to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior
to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content
through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about
the Services ("Submissions"), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content
and materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music, graphics,
comments, reviews, rating suggestions, personal information, or
other material ("Contributions"). Any Submission that is publicly posted shall also be
treated as a Contribution.
You understand that Contributions may be viewable by other
users of the Services.
When you post Contributions, you grant us a license (including use of
your name, trademarks, and logos):
By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license
to: use, copy, reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions (including,
without limitation, your image, name, and voice) for any purpose,
commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to
sublicense the licenses granted in this section.
Our use and distribution may occur in any media formats and through
any media channels.
This license includes our use of
your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions
and/or posting Contributions through any part of
the Services or making Contributions
accessible through the Services by linking your account through
the Services to any of your social networking accounts, you:
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confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post,
send, publish, upload, or transmit through the Services any Submission nor post any Contribution
that is illegal, harassing, hateful, harmful, defamatory, obscene,
bullying, abusive, discriminatory, threatening to any person
or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
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to the extent permissible by applicable law, waive any and
all moral rights to any such Submission and/or Contribution;
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warrant that any such Submission and/or Contributions are original to you
or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have
full authority to grant us the above-mentioned rights in relation
to your Submissions and/or
Contributions;
and
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warrant and represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree
to reimburse us for any and all losses that we may suffer because
of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit your Content: Although we
have no obligation to monitor any Contributions, we shall have the
right to remove or edit any Contributions at any time without notice
if in our reasonable opinion we consider such Contributions harmful
or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report
you to the authorities.
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as
necessary;
(3) you have the legal capacity and you agree to comply with
these Legal Terms;
(4) you are not under the age of 13;
(5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission
to use the Services; (6) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable
law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right
to suspend or terminate your account and refuse any and
all current or future use of the Services (or any portion
thereof).
You may be required to register to use the Services.
You agree to keep your password confidential and will
be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our
sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase
and account information for all purchases made via the
Services. You further agree to promptly update account and
payment information, including email address, payment method,
and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be
added to the price of purchases as deemed required by us. We
may change prices at any time. All payments shall be
in __________.
You agree to pay all charges at the prices then in effect for
your purchases and any applicable shipping fees, and you authorize us to charge your chosen
payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the
same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will
continue and automatically renew unless canceled. You consent to
our charging your payment method on a recurring basis without
requiring your prior approval for each recurring charge, until
such time as you cancel the applicable order. The length of your billing cycle
will depend on the type of
subscription plan you choose when you subscribed to the
Services.
Cancellation
You can cancel your
subscription at any time by logging into your account. Your cancellation will take effect
at the end of the current paid term. If you have any questions
or are unsatisfied with our Services, please email us at [email protected].
Fee Changes
We may, from time to time, make changes to the subscription
fee and will communicate any price changes to you in
accordance with applicable law.
You may not access or use the Services for any purpose
other than that for which we make the Services available.
The Services may not be used in connection with any
commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
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Systematically retrieve data or other content from
the Services to create or compile, directly or
indirectly, a collection, compilation, database, or
directory without written permission from us.
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Trick, defraud, or mislead us and other
users, especially in any attempt to learn
sensitive account information such as user
passwords.
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Circumvent, disable, or otherwise interfere
with security-related features of the
Services, including features that prevent or
restrict the use or copying of any Content or
enforce limitations on the use of the Services
and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Services.
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Use any information obtained from the
Services in order to harass, abuse, or harm
another person.
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Make improper use of our support services or
submit false reports of abuse or misconduct.
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Use the Services in a manner inconsistent
with any applicable laws or regulations.
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Engage in unauthorized framing
of or linking to the Services.
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Upload or transmit (or attempt to upload or
to transmit) viruses, Trojan horses, or other
material, including excessive use of capital
letters and spamming (continuous posting of
repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts,
alters, or interferes with the use, features,
functions, operation, or maintenance of the
Services.
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Engage in any automated use of the system,
such as using scripts to send comments or
messages, or using any data mining, robots, or
similar data gathering and extraction tools.
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Delete the copyright or other proprietary
rights notice from any Content.
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Attempt to impersonate another user or person
or use the username of another user.
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Upload or transmit (or attempt to upload or
to transmit) any material that acts as a
passive or active information collection or
transmission mechanism, including without
limitation, clear graphics interchange formats
("gifs"),
1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms").
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Interfere with, disrupt, or create an undue
burden on the Services or the networks or
services connected to the Services.
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Harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing
any portion of the Services to you.
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Attempt to bypass any measures of the
Services designed to prevent or restrict
access to the Services, or any portion of the
Services.
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Copy or adapt the Services' software,
including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
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Except as permitted by applicable law,
decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in
any way making up a part of the Services.
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Except as may be the result of standard
search engine or Internet browser usage, use,
launch, develop, or distribute any automated
system, including without limitation, any
spider, robot, cheat utility, scraper, or
offline reader that accesses the Services, or
use or launch any unauthorized script
or other software.
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Use a buying agent or purchasing agent to
make purchases on the Services.
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Make any unauthorized use
of the Services, including collecting usernames
and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited
email, or creating user accounts by automated means
or under false
pretenses.
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Use the Services as part of any effort to
compete with us or otherwise use the Services
and/or the Content for any revenue-generating endeavor or
commercial enterprise.
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Use the Services to advertise or offer to sell
goods and services.
Sell or otherwise transfer your profile.
8.
USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and
other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not
limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information
or other material (collectively, "Contributions").
Contributions may be viewable by other users of the
Services and through third-party websites. As such, any
Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or
make available any Contributions, you thereby represent
and warrant that:
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The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
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You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Services, and
other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal Terms.
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You have the written consent, release, and/or permission of
each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Services
and these Legal Terms.
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Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
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Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
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Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
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Your Contributions are not used to harass or threaten (in the
legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
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Your Contributions do not violate any applicable law,
regulation, or rule.
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Your Contributions do not violate the privacy or publicity
rights of any third party.
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Your Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health
or well-being of minors.
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Your Contributions do not include any offensive comments that
are connected to race, national origin, gender, sexual
preference, or physical handicap.
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Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Legal Terms, or
any applicable law or regulation.
Any use of the Services in violation of the foregoing violates
these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services
or making Contributions accessible to the Services by
linking your account from the Services to any of your social
networking accounts, you automatically grant, and you represent and warrant that you
have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice)
for any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions,
and grant and authorize
sublicenses of the foregoing.
The use and distribution may occur in any media formats and through
any media channels.
This license will apply to any form,
media, or technology now known or hereafter developed, and includes
our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place
them in more appropriate locations on the Services; and (3) to pre-screen
or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
10.
SOCIAL MEDIA
As part of the functionality of the Services, you may link your
account with online accounts you have with third-party service
providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions
that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose
your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that
govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject
to any usage limitations imposed by the third-party service provider
of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and
store (if applicable) any content that you have provided to and stored
in your Third-Party Account
(the "Social Network Content") so that it is available
on and through the Services via your account, including without
limitation any friend lists and (2) we may submit to and receive
from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have
set in such Third-Party Accounts,
personally identifiable information that you post to your
Third-Party Accounts may be
available on and through your account on the Services. Please note that
if a Third-Party Account or
associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the Services.
You will have the ability to disable the connection between your account
on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or non-infringement,
and we are not responsible for any Social Network Content. You acknowledge
and agree that we may access your email address book associated with
a Third-Party Account and
your contacts list stored on your mobile device or tablet computer solely
for purposes of identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate the connection
between the Services and your Third-Party Account by contacting us using the contact information below or through
your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated
with your account.
11.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
12.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy:
https://teamfeed.space/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the
Services are hosted in the United States.
If you access the Services from any other region of the world with laws
or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the United States, then through your continued use of
the Services, you are transferring your data to the United States, and you expressly consent to have
your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy
Protection Act, if we receive actual knowledge that anyone under
the age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that
information from the Services as quickly as is reasonably
practical.
13.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even if
you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
14.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on
our Services. We will not be liable
to you or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services
at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in
connection therewith.
15.
GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws
of Poland, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally
possess the protection provided to you by obligatory provisions of the
law in your country to residence. Team Feed and yourself both agree to submit to the non-exclusive jurisdiction of
the courts of __________, which means that
you may make a claim to defend your consumer protection rights in
regards to these Legal Terms in Poland, or in the EU country in which you reside.
16.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by
either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these
Legal Terms shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court
of Arbitration being part of the European Centre of Arbitration having its
seat in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Warsaw, Poland.
The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Poland.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following
Disputes are not subject to the above provisions concerning informal
negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations
of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
17.
CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
20.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these
Legal Terms; (5) your violation
of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt
harmful act toward any other user of the Services with whom you connected
via the Services. 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, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
21.
USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services. You
agree that we shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
22.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
23.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
24.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Legal Terms and does not affect
the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the Services.
You agree that these Legal Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties hereto to execute
these Legal Terms.
25.
CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us at:
Team Feed
Poland