Date of last revision: June 24, 2016
Agreement Between Customer and Festfeed
Welcome to Festfeed. This service is provided solely to assist customers in creating an engaged community at events, a social network for users to connect with each other, an event creation tool to build your event on the go, and an engagement feature to connect you closer to your audience through coupon offers, messages and more, and for no other purposes.
Use of Festfeed
The content and information on this service as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through Festfeed. Additionally, you agree not to:
i. use the Festfeed service or its contents for any commercial purpose;
ii. access, monitor or copy any content or information of this service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
iii. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
iv. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
v. deep-link to any portion of this Website for any purpose without our express written permission; or “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
vi. You will not use Festfeed to spam users (through posting) to advertise yourself or a company on Festfeed.
vii. You will not collect users’ content or information, or otherwise access Festfeed, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our consent prior.
viii. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Festfeed.
ix. You will not upload viruses or other malicious code.
x. You will not solicit login information or access an account belonging to someone else.
xi. You will not bully, intimidate, or harass any user.
xii. You will not post content that is in any way threatening, pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
xiii. You will not use Festfeed to do anything unlawful, misleading, malicious, or discriminatory.
xiv. You will not do anything to harm day to day services of Festfeed such as a denial of service attack or interference with page rendering or other Festfeed functionality.
xv. You will not facilitate or encourage any violations of this Statement or our policies.
If your account shows signs of fraud, abuse or suspicious activity, Festfeed may cancel your account. If you have conducted any fraudulent activity, Festfeed reserves the right to take any necessary legal action and you may be liable for monetary losses to Festfeed, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Festfeed Customer Service.
Advertisements and Coupons Served or Enhanced by Festfeed
Our goal is to deliver promotional material and sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the (i) give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (i.e. a page or brand that you follow) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to deliver your name and/or profile picture with your information for analytical purposes, without any compensation to you and (ii) you understand that we may not always identify paid services and communications as such.
Reviews, Comments, Photos, And Other Submissions
We appreciate hearing from you. You, the user, own everything that you share on Festfeed and any information about you. To control what you share on Festfeed go to the privacy settings.
When you delete IP content, it is deleted in a timely manner. However, you understand that removed content may persist in backup copies for a reasonable period of time, these backup copies however are not visible to anyone.
When you publish content or information using the Public setting, it means that you are allowing everyone on Festfeed, to access and use that information, and to associate it with you, be it through your name and profile picture.
Any suggestions or feature requests are heard by the team at Festfeed and we appreciate your feedback, but in doing so you agree that we may use your feedback or suggestions freely without any obligation to compensate you for them (just as you have no obligation to offer them).
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Festfeed may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
All photos submitted are subject to our Photo Submission Guidelines.
Festfeed claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our services.
Festfeed’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
Photo Submission Guidelines
Any photos you submit must be:
On topic – All photos must be relevant to your experiences on Festfeed.
Community/family friendly –Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting.
Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.
Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case of a child under 13 years of age).
Children under 13 may not submit photos or other materials.
Original – You may only submit your own photos. Do not submit photos from any other source (personal or commercial). Do not submit photos that infringe the copyright, trademark, or other property right of any third party.
Non-commercial – Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.
No harmful files – Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Festfeed and/or those using it.
The Information, Software, Products and Services published on this Website may include inaccuracies or errors. In particular, Festfeed does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of services displayed on this Website. In addition, Festfeed expressly reserves the right to correct any errors on our Website.
Festfeed and their respective suppliers make no guarantees about the availability of specific products and services. Festfeed and their respective suppliers may make improvements and/or changes on the Website at any time.
Festfeed and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Festfeed. All such information, software products, and services are provided “as is” without warranty of any kind. Festfeed and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Festfeed and/or their respective suppliers are free of viruses or other harmful components. Festfeed and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
Suppliers providing services on this Website are independent contractors and not agents or employees of Festfeed. Festfeed are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
If anyone brings a claim against us related to your actions, content or information on Festfeed, 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. Although we provide rules for user conduct, we do not control or direct users’ actions on Festfeed and are not responsible for the content or information users transmit or share on Festfeed. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Festfeed. We are not responsible for the conduct, whether online or offline, of any user of Festfeed.
In no event shall Festfeed and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Festfeed and/or their respective suppliers have been advised of the possibility of such damages. If, despite the limitation above, Festfeed or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Festfeed and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Festfeed in connection with such transaction(s) on this Website, or (b) One-Hundred Canadian Dollars (CAD$100.00).
You agree to defend and indemnify Festfeed, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
ii. your violation of any law or the rights of a third party; or
iii. your use of this service.
Links To Third-Party Sites
This service may contain hyperlinks to websites operated by parties other than Festfeed. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Software Available On This Website
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by Festfeed and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
If you download or use our software, such as a stand-alone software product, an app, or a online page creator you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
Copyright And Trademark Notices
All contents of this service are © 2015 Festfeed Developments, Inc. All rights reserved. Festfeed, the Festfeed logo are either registered trademarks or trademarks of Festfeed. Festfeed, is not responsible for content on websites operated by parties other than Festfeed.
If you are aware of an infringement of our brand, please let us know by e-mailing us at email@example.com
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Festfeed has adopted a policy of terminating, in appropriate circumstances and at Festfeed’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Festfeed may also at its sole discretion limit access to the service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Notice Of Infringing Material
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
i. A clear identification of the copyrighted work you claim was infringed.
ii. A clear identification of what material you claim is infringing your copyright, such as a link to the infringing material.
iii. Your address, email address and telephone number.
iv. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
v. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
vi. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to firstname.lastname@example.org Attn: IP/Trademark Legal Dept.
Class Action Waiver
This clause applies only to persons resident outside Quebec, Ontario, or Saskatchewan. Subject to applicable law, any dispute, whether in court or otherwise, will be conducted solely on an individual basis. You agree that you shall not have the right or authority for any dispute to be brought as a class action, or to participate in any class action or other proceeding in which any person acts or proposes to act in a representative capacity.
This site is operated by a Canadian entity and this Agreement is governed by the laws of British Columbia. Except as restricted by applicable law (which may include Quebec), you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, in all disputes arising out of or relating to the use of this service.
You agree that no joint venture, partnership, or employment relationship exists between you and the Festfeed Companies as a result of this Agreement or use of this service. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this service or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
We make changes to policies, guidelines or other terms referenced in or incorporated by this Agreement.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Festfeed with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Festfeed with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
If we fail to enforce any of this Agreement, it will not be considered a waiver.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Any rights not expressly granted herein are reserved.
For quick answers to your questions or ways to contact us by email at email@example.com.
©2015 Festfeed Developments Inc. All rights reserved.