Feed Curator Terms of Service (TOS)
Mynd Dynamic Team, Inc. ("Mynd" or the "Company") offers FEED CURATOR (the "Service") according to the terms of service (the "Terms of Service" or the "Agreement") declared below. The Company reserves the right to modify these terms without notice. Your continued usage of the Service, as either a user or an Account Holder (as defined below), constitutes your acceptance of these terms, available at http://feedcurator.com/site/terms/. Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to firstname.lastname@example.org.
- The Service is not intended for children under 13. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to use the Service.
- The Company can refuse registration or cancel an account in its sole discretion at any time.
- You are responsible for using the Service in a private and secure manner. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as sharing your account password or not logging out of the Service.
- You may not register accounts with unauthorized automated methods ("bots").
- You may not use the Service for any illegal activity or to violate laws in your jurisdiction.
- You may not use the Service to distribute unsolicited email ("spam") or malicious content such as viruses or worms.
- You may not exploit the Service to access unauthorized information.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- If you initially sign up for a paid account and you don't cancel that account within 15 days, you will be billed monthly starting on the 15th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 15th day, you will not be charged.
- An upgrade from any free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of features or capacity of your Account. The Company does not accept any liability for such loss.
Cancellation and Termination
- You may cancel your subscription at any time by clicking the "Change Plan" link from your account dashboard and downgrading to a Free plan. This will not delete any of your account data, but will switch you to the free plan and disable administrative access for your account. Should you wish to permanently delete all pages and feedbacks associated with your account, please contact us at email@example.com.
- The Company reserves the right to suspend or terminate your account at any time for any reason, and is not liable for any damage or loss resulting from such suspension or termination.
Modification to Service and Fees
- The Company reserves the right to modify, suspend, or discontinue the Service for any reason, with or without notice.
- The Company reserves the right to modify any prices of the Service (such as the subscription fees). The Company agrees to provide 30 days notice of any price change, posted to the Service or emailed to all active Account Holders.
- Customers may access their account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. FEED CURATOR will make a reasonable attempt via email to warn the account owner prior to suspension.
- The Company reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Copyright, Ownership, and Data Security
- The Company owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service owned by the Company.
- The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company's copyright agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
The Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Mynd Dynamic Team, Inc.
Ground Floor AMYA Building 2, R. Quimpo Boulevard corner Tulip Drive, Ecoland, Davao City 8000, Philippines
International: +63 (82) 228-6635
Account Holder Terms
- Compliance with Laws. Account Holder will not, will not agree to, and will not authorize or encourage any third party to (a) interfere or attempt to interfere with the proper working of the Service or any other Account Holder’s use of the Service, including through abuse of server capacity; or (b) use the Service for any fraudulent or unlawful purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, at FEED CURATOR’s sole discretion, and may subject Account Holder to state and federal penalties and other legal consequences. FEED CURATOR reserves the right, but will have no obligation, to review Account Holder’s use of the Service in order to determine whether a violation of this Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request.
- Representations and Warranties. Without limiting any other representation, warranty or covenant herein, each party hereby represents and warrants to the other party that: (a) it has the full right, power and authority to enter into this Agreement; (b) this Agreement is a valid and binding obligation of such party; and (c) it has obtained and shall maintain throughout the term of this Agreement all necessary licenses, authorizations, approvals and consents to enter into and perform its obligations hereunder in compliance with all applicable laws, rules and regulations.
- Domain Name. Account Holder further represents and warrants that its chosen domain name as hosted on the Service (for example, "acme.FEEDCURATOR.com") does not infringe the copyright, trademark, or any other intellectual property rights of any third party, and that such domain name is otherwise in compliance with these Terms of Service. FEED CURATOR reserves the right, in its sole discretion, to relocate an Account Holder's Hosted Area to an alternate domain name on the Service if FEED CURATOR has reason to believe Account Holder's chosen domain name is in violation of this section.
- Indemnification. Each party agrees to defend, indemnify and hold the other party and its affiliates harmless from and against any third-party claim and any related losses, costs, liabilities and expenses, including reasonable attorneys’ fees, arising out of the breach of any representations, warranties or covenants made by such party herein, or out of such party’s negligence or willful misconduct. Each party (the “Indemnified Party”) reserves the right, at the other party’s expense, to assume the exclusive defense and control of any matter for which the other party is required to indemnify the Indemnified Party and the other party agrees to cooperate with the Indemnified Party’s defense of such claims.
- FEED CURATOR Warranties; Disclaimers. Mynd hereby represent and warrants that neither the Service nor use of the FEED CURATOR Platform as contemplated herein will infringe on the rights of any third parties or violate any applicable laws or regulations, including, without limitation copyright, trademark and patent laws. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, FEED CURATOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. FEED CURATOR DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
- Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY ACCOUNT HOLDER TO FEED CURATOR HEREUNDER.
FEED CURATOR Platform. Mynd shall own and retain all right, title, and interest in and to its web-based channel for moderating and publishing content (the “FEED CURATOR Platform”) , provided, however, that Mynd hereby grants to Account Holder a worldwide, non-exclusive license to use the FEED CURATOR Platform and related software and API as contemplated herein. Account Holder agrees not to copy, alter, modify, or create derivative works of the FEED CURATOR Platform or otherwise use the Service in any way that violates the use restrictions contained in this Agreement. Except as otherwise expressly set forth herein, Mynd does not grant to Account Holder any license, express or implied, to the intellectual property of Mynd or its licensors.
- Any abuse or threatened abuse of other users of the Service or of Company personnel will result in immediate account termination.
- Any failure of the Company to enforce or exercise a right provided in these terms is not a waiver of that right.
- Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
- This Terms of Service constitutes the entire agreements between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.
- These Terms of Service shall be governed by and construed in accordance with the laws of the Philippines, without giving effect to principles of conflicts of law. You and the Company each agree that any action at law or in equity arising out of or relating to these Terms of Service will be filed only in the Philippines, and hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.