Terms and Conditions - Feeyd.com
Summary
The following is a summary of the key terms and conditions under which we offer and you agree to use the Feeyd.com web site (the "Site"). However, both parties are obligated to adhere to the full agreement which is set forth below under Terms of Usage ("Terms").
Feeyd.com ("Feeyd" or "we") operates a social networking platform at Feeyd.com that allows users, members and visitors to create profiles online for any other person or company. The profiles can then be claimed by the rightful profile owner and privacy settings can then be put in place.
The following terms of usage ("Terms and Conditions") represent a legal agreement ("Agreement") between you and the owners of Feeyd.com ("Feeyd"). By accessing, browsing and/or using the Feeyd.com web site (the "Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you agree to these Terms and Conditions, you are granted a non-exclusive, non-assignable and non-transferable license to use the Site only under these Terms and Conditions of use. If you do not agree to these Terms, you have no right to use the Site.
Terms of Usage
USE OF THE SITE
- The Site may be used only by you if you agree to be bound by these Terms and Conditions, and you may not rent, lease, sublicense or transfer the Site or any data residing on it or any of your rights under this Agreement to anyone else. You may not develop or derive for commercial sale any data in any form whatsoever that incorporates or uses any part of the Site. Except with the prior written consent of Feeyd.com, no data that resides in the Site may be transferred or made available by you to any person or entity. Violation of this limitation on use shall result in immediate termination of access to the Site and grounds for legal action against you. Use can be made for commercial purposes and only on the condition that the information used is not relied upon as true or endorsed by Feeyd.com.
- You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Site, except that you may store, print and/or email personal or company profiles from the Site database for a purpose of social entertainment.
- Feeyd.com may, in its sole discretion, terminate or suspend your access to all or part of the Site for any or no reason and with no prior notice to you. You may terminate this agreement at any time by discontinuing use of the Site. The provisions of Sections 2, 4, 7, 8, 9 and 10 shall survive termination or expiration of this Agreement.
CONTENT
- All materials published on the Site including, but not limited to, news articles, personal profiles, photographs, videos, company profiles, company descriptions, contact information, and images (collectively known as the "Content") are protected by copyright and all intellectual property and copyright content is owned by the respective owners.
- Feeyd.com is the sole owner of the layout, functions, appearance, trademarks and other intellectual property comprising the Site. Additionally, Feeyd.com is the sole owner of the compiled Site.
- Feeyd.com is a social networking website that is built on information submitted by users, visitors and members of the Site. This information may be inaccurate and or incorrect and or correct; whatever the information submitted to Feeyd.com is in no way endorsed by the Site or any Officer or Staff of Feeyd.com. Feeyd.com assumes no responsibility regarding the accuracy of the information that is submitted to the Site and the use of such information is entirely at your own risk. By furnishing information, Feeyd.com does not grant any licenses to any copyrights, patents or any other intellectual property rights.
- Information on the Site may be changed or updated without notice. Feeyd.com may also make improvements and/or changes in the products and/or the programs available on the Site at any time without notice.
- Feeyd.com may move or delete any Content on the Site for any reason. Feeyd.com shall not be responsible for any failure to remove, or any delay in removing, harmful, inaccurate, unlawful, offending material, spam, incorrect entry or otherwise objectionable content originating from the result of submission by members, users, visitors or any third party.
- Feeyd.com will utilise reasonable commercial efforts to protect the integrity of data collected by you and stored with the Site. However, Feeyd.com shall not be liable for any loss or damage resulting from total or partial loss of your data or from any corruption of your data. Data can get lost or become corrupt as a result of a number of causes, including hardware failures, software failures or bugs, or communications failures. Feeyd.com recommends that you periodically back up your information and profile entries onto media not associated with Feeyd.com, including printing a hard copy of it. As the information published at Feeyd.com is submitted by members, users, visitors and third parties is deemed to be of a nature that is of zero value.
- Feeyd.com may preserve and disclose content or user information (including queries made) if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of Feeyd.com, its users, or the public, (e) administer the Site, or (f) comply with the request of a user.
- Feeyd.com will utilise reasonable commercial efforts to provide the Site on a 24/7 basis but it shall not be responsible for any disruption, regardless of length. Furthermore, Feeyd.com shall not be liable for losses or damages you may incur due to any errors or omissions in any Content or any inaccurate interpretations of data, or due to your inability to access data due to disruption of the Site. The Site is may be put into maintenance mode at anytime without notice and you accept that this is part of the running of the Site.
USER RESPONSIBILITIES
In using the Site, you agree not to:
- knowingly transmit:
- Any information, data, images, or other materials ("Material") that are unlawful, harmful, threatening, defamatory, vulgar, obscene, libellous, offending, spam, incorrect or otherwise objectionable or that may invade another's right of privacy; or
- Any Material that infringes any intellectual property right, including but not limited to patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Violate any law;
- Violate or attempt to violate the security of the Site, including, without limitation:
- Log in to a server or account that you are not authorized to access;
- Attempt to test, scan, probe or hack the vulnerability of the Site or any network used by the Site or to breach security, encryption or other authentication measures; or
- Attempt to interfere with the Site by overloading, flooding, pinging, mail bombing or crashing it.
- Reverse engineer, decompile or disassemble any portion of the Site.
- Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any portion of the Site, other than the search engine and search agents available from Feeyd.com on the Site and generally available third party web browsers (e.g., Netscape Navigator, Firefox and Microsoft Explorer).
- Use the Site or any of the data obtained through the Site, specifically including but not limited to email addresses, to send email to any individual unless such email communication fully complies with all laws protecting the said individual from unsolicited email.
- You will not collect users' content or information, or otherwise access Feeyd.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Feeyd.com.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on Feeyd.com without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
- You will not use Feeyd.com to do anything unlawful, illegal, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Feeyd.com, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement
SUBMISSIONS
- You own all of the content and information you post on Feeyd.com, and upon successful profile claiming you can control how it is shared through your privacy settings.
- Feeyd.com only uses the data, information and materials you submit to the Site to display on the Feeyd.com Site and platform. The Site is compiled by the user, member and or visitor creating profiles and or submitting information to compile profiles.
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Feeyd.com ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. If you add content that is protected by IP rights you agree that you have permission from the IP rights holder and Feeyd.com accepts no liability by your submission.
- You are solely responsible for the content of any submission you make to the Site. Feeyd.com reserves the right to delete messages that Feeyd.com, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, spam, offending material, incorrect entries and or reported abuse or otherwise unacceptable.
- All information submitted by anyone at Feeyd.com is of a non confidential nature. Any information or material published to Feeyd.com will be deemed NOT to be confidential. By sending Feeyd.com any information or Material, you grant Feeyd.com an unrestricted, irrevocable, perpetual license to use, reproduce, display, transmit and distribute that Material or information, and you also agree that Feeyd.com is free to use any ideas, concepts, know-how or techniques that you have published for any purpose. You further agree to indemnify, defend and hold Feeyd.com harmless for any liability arising due to the use or distribution of those Materials.
- In consideration of use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself if prompted by the registration form; and (b) maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, Feeyd.com has the right to terminate your account and refuse your current or future use of the Site.
- All information and materials are unprotected from the privacy settings until a profile is legitimately claimed by the profile owner. Only when the profile has been claimed can the privacy settings be changed.
- When you publish content or information using the "everyone" setting, it means that everyone, including people off of Feeyd.com, will have access to that information and we may not have control over what they do with it.
- The wall as part of a unique feature that remains unprotected by the privacy settings and should be viewed as the views of the member, visitor and or user submitting and should not be relied upon as factual.
- Anonymously posted content at Feeyd.com is the property of the poster and Feeyd.com cannot warrant the accuracy of the information. The information posted must not cause harm, disrespect, bully, defame or upset another user or member.
- The voting system is only an indication of the views of other members and users on the accuracy and reliability of information or material submitted by others and even the voting results should not be relied upon as accurate.
- We always appreciate your feedback or other suggestions about Feeyd.com, you provide feedback and suggestions without any compensation from Feeyd.com and any feedback and suggestions received may be implemented and we can do whatever we like with your feedback or suggestions we receive.
- You will not send, submit or otherwise post unauthorized commercial communications (such as spam) on Feeyd.com.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not post or add links, content or material of any adult nature, such as nudity, alcohol, cigarettes, drugs or any other item that is controlled by age limit laws to a profile of any person under the age of 18 years.
- You will not post or submit materials on any profile that may cause the profile owner embarrassment or harm and you agree that all materials, contents submitted are not endorsed or verified by Feeyd.com and agree that any disputes regarding the submitted material or content will be your responsibility and you free Feeyd.com of any liability or involvement in any disputes.
- Submissions of materials and content made by an anonymous visitor to the Site are not in any way endorsed or verified by Feeyd.com and Feeyd.com will not be held responsible for any misuse of any visitor, member, user posting information anonymousl
- If posting information, content or materials to the site anonymously you are doing so by accepting these Terms and Conditions and all the Terms and Conditions apply.
- All content, whether publicly posted, privately transmitted controlled under privacy settings or not, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such content and do not endorse or verify the content.
- We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or materials or communications posted via the Site or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Feeyd.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site.
LINKS
- Feeyd.com contains links to other Web sites, resources, and sponsors of Feeyd.com ("Linked Sites"). Feeyd.com is not responsible for the availability of these Linked Sites, or their contents, and you should direct any concerns regarding any external link to the site administrators or Webmasters of such Linked Sites.
- You acknowledge that Feeyd.com neither endorses nor is affiliated with the Linked Sites and is not responsible for any content that appears on the Linked Sites. You also acknowledge that the owners of the Linked Sites neither endorse nor are affiliated with Feeyd.com.
FEES
- Feeyd.com reserves the right at any time to charge fees for access to portions of the Site or the Site as a whole. However, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges. All fees paid to Feeyd.com are non-refundable upon purchase, activation, or renewal.
REPRESENTATIONS AND WARRANTIES
- You represent, warrant and covenant (a) that no Materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous or otherwise unlawful material; and (b) that you are at least thirteen (13) years old. You hereby indemnify, defend and hold harmless Feeyd.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties" ) from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. Feeyd.com reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
DISCLAIMERS and LIMITATIONS
- YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. THE SITE AND THE INFORMATION MADE AVAILABLE ON IT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FEEYD.COM EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THE SITE SHALL BE UNINTERRUPTED OR ERROR FREE. FEEYD.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION USED OR DISCLOSED ON THE SITE.
- IN NO EVENT SHALL FEEYD.COM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE IT. FEEYD.COM'S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE SITE FOR THE THEN-CURRENT PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, FEEYD.COM'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100 USD.
- WE TRY TO KEEP FEEYD.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FEEYD.COM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FEEYD.COM WILL BE SAFE OR SECURE. FEEYD.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FEEYD.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FEEYD.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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, FEEYD.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The failure of Feeyd.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
MUTUAL INDEMNIFICATION
- Each party agrees to indemnify and hold harmless the other party from and against any cost, loss or expense (including attorney's fees) resulting from any claims by third parties for loss, damage or injury allegedly caused by the actions, omissions or misrepresentations of the other party, its agents or employees provided that the indemnified party provides the indemnifying party with (a) prompt written notice of such claim or action, (b) sole control and authority over the defence or settlement of such claim or action and (c) proper and full information and reasonable assistance to defend and/or settle any such claim or action.
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Agreement or Feeyd.com exclusively in a state of Punjab in India. The laws of the Indian Penal Court will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Punjab for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Feeyd.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation sections 9 and 10.
MISCELLANEOUS
- You agree that no joint venture, partnership, employment or agency relationship exists between you and Feeyd.com as a result of this Agreement and/or your use of the Site.
- These Terms represent the entire binding agreement between you and Feeyd.com, and each party's respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Site or the information therein. A printed version of this Agreement and of any notice given shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Feeyd.com shall have the right to modify these Terms and Conditions at any time without providing notice. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in any notice to you of such changes). A link will be provided to the current Terms and Conditions, and Feeyd.com recommends that you review the details of any such changes as they are binding on you regarding future use of the Site. Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable and do not agree to such Terms and Conditions, you must terminate the use of the Site immediately. Any new or different terms supplied by you are specifically rejected by Feeyd.com. Feeyd.com may assign this Agreement at its discretion. You may not assign any part of this Agreement without Feeyd.com's prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
- This Agreement shall be governed by the applicable laws, without regard to its conflict of laws rules, and you hereby give your consent to have any action or dispute between yourself and Feeyd.com resolved exclusively within the jurisdiction of Punjab, India.
- You understand and agree that, in addition to money damages, Feeyd.com shall be entitled to equitable relief where appropriate upon your breach of any portion of this Agreement.
- The Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent.
- If the performance of this Agreement or any obligations hereunder is prevented or interfered with by reason of fire or other casualty or accident, strikes or labour disputes, war or other violence, any law, proclamation, regulation, or requirement of any government agency, or any other act or condition beyond the reasonable control of a party hereto, that party upon giving prompt notice to the other party shall be excused from such performance during such occurrence.
- The prevailing party in any legal action brought by one party against the other that arises out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its legal expenses, including court costs and reasonable attorneys' fees.
- The titles and subtitles in this Agreement are used for convenience only and are not to be considered in construing it.
- Notices required or permitted hereunder that are intended for you personally and not all users of the Site shall be made to you at the most recent email address on file.
Registration
- You will not provide any false personal information on Feeyd.com, or claim a profile of anyone other than yourself or your own company and in the case of a company if you are not an officer, director or the owner you will get permission from a deciding officer at the company.
- You will not use Feeyd.com if you are under 13.
- You will not use Feeyd.com if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. Ultimately you are responsible for the safety of your account and passwords.
- You will not transfer your account to anyone without first getting our written permission.
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Feeyd.com that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Feeyd.com if we believe that it violates this Statement or for any reason whatsoever without offering an explanation.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Feeyd, Feeyd.com and F and the Red Y Logos, or any confusingly similar marks, without our written permission.
- If you collect information from users, you will: obtain their consent, make it clear you (and not Feeyd.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
- You will not post anyone's identification documents or sensitive financial information of anyone or entity on Feeyd.com.
- You agree that by posting, adding, submitting information or material to a profile of another person that you are known by the person who owns the profile, claimed or not. You also agree even if you are posting anonymously.
You may contact us at:
Suite 1602
43/2 Preet Nagar
Ladowali Road
Jalandhar 144001
Punjab
India
contact@feeyd.com