Terms of Service

THESE TERMS OF SERVICE GOVERN AND ARE BINDING UPON ANY USERS OR VIEWERS OF THE FEEDOTTER WEBSITE PROVIDED BY FEEDOTTER, LLC (“FEEDOTTER”) LOCATED AT FEEDOTTER.COM (THE “FEEDOTTER SITE”), AND YOUR USING OR VIEWING THE FEEDOTTER SITE AND MATERIALS THEREON ARE EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE.

Services Available on the FeedOtter Site

Users of the FeedOtter Site who simply browse the FeedOtter Site (“Guests”) may be able to view products and information, request information and engage in certain services on the FeedOtter Site. Users of the FeedOtter Site who enter into a separate User Agreement with FeedOtter (“Clients”) may be able to engage in certain other services on or through the FeedOtter Site. Guests and Clients may be collectively referred to herein as “Users”.

Except as expressly provided in a separate User Agreement between a Client and FeedOtter, FeedOtter reserves the right, for any reason, in its sole discretion, to terminate, change, upgrade, suspend or discontinue any aspect of the FeedOtter Site, including, but not limited to, content, features, hours of availability or equipment required for access. FeedOtter may also impose limits on certain features of the FeedOtter Site, or restrict a User’s access to part or all of the FeedOtter Site without notice to such User or penalty to FeedOtter.

Proprietary Rights in Content and Trademarks

The FeedOtter Site, all the content (including, for example, audio, photographs, illustrations, graphics, video and software), code, data, works of authorship and materials thereon, the look and feel, design and organization of the FeedOtter Site, and the compilation of the material on the FeedOtter Site (collectively, the “Content”) are protected by U.S. and international copyright, trademark and other laws. FeedOtter and its licensors own, solely and exclusively, all rights, title and interest in and to the FeedOtter Site, the Content, including, but not limited to, all intellectual property and proprietary rights therein. Users’ use of the FeedOtter Site and/or the Content does not grant to any User any ownership of any Content.  For the sake of clarity, Posted Content (defined below) is not included in the defined term Content.

The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the FeedOtter Site or in connection with the Content made available through the FeedOtter Site are registered and unregistered Trademarks of FeedOtter and its licensors and may not be used except with written permission of the respective Trademark owner. Nothing contained on the FeedOtter Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to any User the ability to use any Trademark displayed on the FeedOtter Site without the written permission of FeedOtter or the third party that may own the applicable Trademark. A User’s misuse of the Trademarks displayed on the FeedOtter Site or on or through any of the FeedOtter Site’s services is strictly prohibited.

FeedOtter grants no license to any User to access, display and copy the Content for any use whatsoever, except as expressly agreed to by FeedOtter in writing otherwise. Users agree to not remove, alter or obscure any proprietary notices provided in or with the Content. All rights not expressly granted in this Agreement are reserved to FeedOtter.

 

FeedOtter’s Rights

FeedOtter reserves the following rights:

  1. To suspend or terminate the account of anyone, with or without any violation of these Terms of Use.
  2. To change or alter the FeedOtter Site, the form and nature of the FeedOtter Site or any services provided through the FeedOtter Site, including requiring payment for some or all uses of the FeedOtter Site, at any time.
  3. To review, modify, filter, disable, delete and remove any and all content and information from the FeedOtter Site.
  4. To update and download automatically any software provided on or through the FeedOtter Site.
  5. To cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that FeedOtter disclose information or content or information that a User provides, or if FeedOtter decides in its sole discretion that such disclosure is in FeedOtter or its customers best interests.
  6. To display advertising and promotions, which may be targeted to certain users or sections of the FeedOtter Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.

Each User agrees that the foregoing are rights of, but not obligations of, FeedOtter and that FeedOtter may, but is not obligated to exercise any of these rights.

Submissions and Privacy

In the event that a User submits or posts any ideas, creative suggestions, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, such User expressly agrees that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of FeedOtter without any compensation or credit to such User whatsoever. FeedOtter and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing and marketing products and services using such ideas.   FeedOtter agrees to treat a User’s personal information in accordance with the terms of FeedOtter’s then-current Privacy Policy, which is incorporated into these Terms of Use by reference. By using the FeedOtter Site, Users agree to FeedOtter’s use of User’s personal information in accordance with such Privacy Policy.

Forums and Promotions

The FeedOtter Site may provide certain areas for Users to communicate with other Users, including through blogs, chat rooms, online communities and the like (the “Forums”). FeedOtter does not endorse the content in the Forums and specifically disclaims any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability or other cause of any kind or character based upon or resulting from any material, content or other communication provided through a Forum. FeedOtter reserves the right, but is not obligated, to review messages in the Forums and is not responsible for the content of any such messages. FeedOtter also reserves the right, but is not obligated, to delete, edit or remove a message, in whole or in part, posted to a Forum for any reason and to exclude any User from using a Forum. Please be aware that when a User posts to a Forum, such User may be disclosing certain information to others. To protect Users’ safety, each User should use their best judgment when using the Forums and carefully consider the information that such User discloses in the Forums. FeedOtter reserves the right to cooperate with any law enforcement, court, third party or government investigation or order requesting or directing FeedOtter to disclose information posted to a Forum, or if FeedOtter decides in its sole discretion that such disclosure is in its’ or its customers’ best interests. FeedOtter may, from time to time, include contests, promotions, sweepstakes or other activities (collectively, “Promotions”) that require a User to submit material or information concerning such User. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age or geographic location. Users are responsible to read all Promotions’ rules to determine whether or not a User is eligible to participate. If a User enters any Promotion, such User agrees to abide by and to comply with all Promotions rules.

Violations of This Agreement and Termination

A USER’S USE OF THE FEEDOTTER SITE SHALL NOT VIOLATE ANY OF THE PROVISIONS IN THESE TERMS OF USE.  FEEDOTTER MAY SUSPEND OR TERMINATE USERS” ACCOUNTS AND/OR REMOVE (TO THE EXTENT POSSIBLE) ANY MATERIALS, IF FEEDOTTER DETERMINES, IN ITS SOLE DISCRETION, THAT A USER HAS ENGAGED IN ANY ACTIVITY THAT VIOLATES THESE TERMS OF USE. FEEDOTTER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO SUSPEND OR TERMINATE A USER’S ACCESS TO THE FEEDOTTER SITE OR ITS USER ACCOUNT(S) UPON RECEIPT OF ANY THIRD PARTY COMPLAINT THAT SUCH USER HAS ENGAGED IN ANY ACTIVITY THAT VIOLATES THESE TERMS OF USE. FEEDOTTER MAY ALSO REPORT USER’S ACTIVITIES TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.

United States Export Laws and Use Outside of the United States

United States export control laws govern Users’ use of the FeedOtter Site. These laws apply to Users and Users of FeedOtter’s services regardless of whether a User actually resides in the United States.  Users may not use the FeedOtter Site for any purpose that violates export control laws, which may include the sale of products that may be legal to sell in the United States, but illegal to export. Additional information about United States export laws may be obtained from the United States government’s portal to exporting and trade services at http://www.export.gov/exportcontrols.html.  FeedOtter controls and operates the FeedOtter Site from its offices in the United States of America. FeedOtter does not represent that Content on the FeedOtter Site are applicable, appropriate or available for use in locations outside the United States. Persons who choose to access the FeedOtter Site from locations outside of the United States do so on their own initiative, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Linking to the FeedOtter Site

A User may link to the FeedOtter Site as long as such User: (i) links to the full version of an HTML formatted page of the FeedOtter Site; (ii) not link directly to any image hosted on the FeedOtter Site, such as using an “in-line” linking method to cause the image hosted by FeedOtter to be displayed on another website; and (iii) not link from any other website to the FeedOtter Site in any manner such that the FeedOtter Site, or any page of the FeedOtter Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. FeedOtter reserves all of its rights under the law to insist that any link to the FeedOtter Site be discontinued, and to revoke a User’s right to link to the FeedOtter Site from any other website at any time, in the sole discretion of FeedOtter.

Indemnification

To the maximum extent permitted by law, by accessing the FeedOtter Site, each User agrees to indemnify and hold harmless FeedOtter, its affiliates, members, managers, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to (i) such User’s use of the FeedOtter Site, (ii) such User’s submission, posting, transmittal, display, storage, distribution, removal or any other use of any User Information, Content and/or any other materials or content, (iii) such User’s violation of these Terms of Use, (iv) such User’s violation of any law or regulation, or violation of any proprietary or privacy right, (v) such User’s violation of any third party intellectual property right, including, without limitation, copyright, patent, trademark or trade secret; or (vi) any claim that such User’s User Information or submission of any other information or content by such User caused damage to a third party. This indemnification obligation will survive for 10 years after the last date that a User accessed the FeedOtter Site.  FeedOtter reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, and in such case, such User agrees to cooperate with FeedOtter’s defense of such claim.

Third Party Websites

Users may be able to link from the FeedOtter Site to third party website, and third party website may link to the FeedOtter Site (“Linked Site”).  Users acknowledge and agree that FeedOtter has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through a Linked Site, even if they are owned or run by FeedOtter’s affiliates. Links to a Linked Site do not constitute an endorsement or sponsorship by FeedOtter of such Linked Site or the information, content, products, services, advertising, code or other materials presented on or through such Linked Site. FeedOtter disclaims any liability for links (i) from another website to the Site and (ii) to another website from the FeedOtter Site.  FeedOtter cannot guarantee the standards of any Linked Site to which links are provided on the FeedOtter Site and FeedOtter will not be held responsible for the contents of such Linked Site, or any subsequent links. FeedOtter does not represent or warrant that the contents of any third party website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. FeedOtter is not responsible for any transmission received from any Linked Site. Any reliance on the contents of a third party website is done at User’s own risk and each User assumes all responsibilities and consequences resulting from such reliance.

Disclaimer of Warranties

BY ACCESSING THE FEEDOTTER SITE, EACH USER AGREES TO ASSUME ALL RESPONSIBILITY AND RISK FOR SUCH USER’S USE OF THE FEEDOTTER SITE AND THE CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER FEEDOTTER NOR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS OR LICENSEES (“RELATED PARTIES”) MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE FEEDOTTER SITE, THE SERVICES OR THE CONTENT. NEITHER FEEDOTTER NOR ANY RELATED PARTIES ENDORSE OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE FEEDOTTER SITE OR ANY CONTENT OR THAT THE FEEDOTTER SITE OR ANY CONTENT IS NON-DEFAMATORY, NON-INFRINGING OR OTHERWISE LAWFUL. NEITHER FEEDOTTER NOR ANY RELATED PARTIES WARRANT THAT THE FUNCTIONS PERFORMED BY THE FEEDOTTER SITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE FEEDOTTER SITE, THE SERVICES OR THE CONTENT WILL BE CORRECTED. NEITHER FEEDOTTER NOR ANY RELATED PARTIES GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING WILL BE FREE FROM INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS. THE FEEDOTTER SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. EACH USER ACKNOWLEDGES THAT ANY RELIANCE ON OR USE OF THE FEEDOTTER SITE AND THE CONTENT IS AT USER’S SOLE RISK.

Limitation of Liability

IN NO EVENT WILL FEEDOTTER OR ANY RELATED PARTY BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE FEEDOTTER SITE, ANY LINKED SITE OR THE CONTENT OR SERVICES CONTAINED OR ACCESSED THROUGH SUCH FEEDOTTER SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FEEDOTTER OR A RELATED PARTY IS AWARE OF OR OF ADVISED THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE FEEDOTTER SITE OR THE CONTENT, EACH USER AGREES THAT SUCH USER’S SOLE REMEDY IS TO CEASE USING THE FEEDOTTER SITE OR THE CONTENT. EACH USER SPECIFICALLY AGREES THAT FEEDOTTER WILL NOT BE LIABLE FOR ANY USER’S CONTENT, OR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT A USER ASSUMES THE FULL RISK OF HARM OR DAMAGE FROM THE FOREGOING.

Governing Law; Exclusive Jurisdiction

This Agreement and the relationship between each User and FeedOtter shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Each User agrees that any cause of action that may arise under these Terms of Use or in connection with User’s use of the FeedOtter Site will be commenced and be heard only in the appropriate court having jurisdiction in the County of San Francisco, California. Each User hereby consents to the exclusive personal jurisdiction of and venue in such courts. FeedOtter’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Limitations on Claims

Any cause of action a User may have with respect to User’s use of the FeedOtter Site or the Content must be commenced within one (1) year after the claim or cause of action arises.

Entire Agreement and Assignment

This Agreement together with all policies and agreements referenced herein constitutes the entire agreement between FeedOtter and Users with respect to the FeedOtter Site and the Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between a User and FeedOtter with respect to the FeedOtter Site and the Content, unless such other written agreement specifically provides that it supercedes this Agreement (i.e. the User Agreement).  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. A User may not assign its obligations or rights under these Terms of Use to any other person or party without the express written consent of FeedOtter, which may be withheld in FeedOtter’s sole discretion.