THESE TERMS, AS MODIFIED FROM TIME TO TIME (“Terms”), ARE A CONTRACT BETWEEN DEMAND MEDIA, INC. (“Demand Media” OR “we” OR “us”) AND YOU (“you” OR “your”). YOU AGREE TO BE BOUND BY THESE TERMS WHEN YOU USE DEMAND MEDIA’S RSS GRAFFITI SITE, SERVICE AND SOFTWARE, APPLICATIONS, FEATURES AND FUNCTIONALITY (COLLECTIVELY, THE “Service”) AND ANY AND ALL TEXT, GRAPHICS, PHOTOS OR OTHER MATERIALS UPLOADED, DOWNLOADED, OR APPEARING ON THE SERVICE (COLLECTIVELY, THE “Content”).
DESCRIPTION OF THE SERVICE
The Service allows you to keep your Facebook followers updated with your latest news from RSS sources by periodically checking the RSS/Atom feeds that you specify and posting any new entries it finds to the Facebook walls that you specify. The Service allows you to get any feed written on any wall (Facebook Profiles, Fan Pages, Groups), including multiple feeds to multiple walls in the combination(s) you choose.
ACCESS AND USE OF THE SERVICE
- Age Limitations. If you are under the age of 13, then you are not permitted to register with Demand Media or use any feature or other part of the Service that requires registration. You represent that you are at least 13 years of age if you are registering an account.
- Content. The Service allows users to post their own Content. Only individuals who have registered for the Service are permitted to post Content though the Service. You are responsible for your use of the Service and for any Content accessed or made available through your account (even if that Content is accessed or made available by others). You take all risks associated with the Service and Content accessed or made available to others through your account. We do not pre-screen Content and cannot be responsible for the Content accessed or made available to others through the Service.
- Account. We use Facebook Login so you can use your existing Facebook account to register to use the Service. You must explicitly authorize Facebook to share your information with us with your first login to the Service with your Facebook credentials. You should review your privacy settings on your Facebook account because those settings govern what personal information may be available to us when you access the Service. You acknowledge that the Service allows you to access and use content and services offered by third party service providers, and you must comply with the terms and conditions of any such third party service provider.
- Data Collection. By using the Service, you grant us the irrevocable, perpetual, sublicensable right and license to collect, analyze, and otherwise use qualitative and quantitative data arising from your use of the Service including data generated by third party viewers of your Content (“Data”). We collect and analyze this Data to improve the Service and other products and services that we offer or may offer in the future. In addition, we may aggregate and anonymize the Data to provide real time analytics to third parties. We will make reasonable efforts to ensure that the Data we provide to third parties is not traceable to the use of the Service by any specific, identifiable user and cannot be attributed to any users of the Service.
- User Conduct. You warrant that you will not use the Service in a manner that is illegal or otherwise inconsistent with these Terms, or that we may deem objectionable. We reserve the right to restrict, suspend or terminate your access to the Service at any time in our sole discretion. You shall only access the Service through the interfaces that we provide, and you will not, nor will you attempt to do, any of the following, subject to applicable law:
- access or use the Service in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful;
- access, tamper with or use the Service or Content that you are not authorized to access or use;
- use any robot, spider, scraper or other automated means or interface not expressly authorized by us to access to Service or Content or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail” or “spam”.
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service (except as otherwise expressly permitted by law);
- send to or otherwise impact us or Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely affect the Service or any recipient; or
- take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
THIRD PARTY CONTENT
We claim no intellectual property rights over the Content made available to others through your account. Any Content or other information you provide to us in connection with the Service remains yours or that of the respective third party owner of the Content. However, by making the Content available to others through the Service, or providing it to us through use of the Service, you grant us a worldwide, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content useful or necessary to provide the Service through any and all media or distribution methods (whether now known or hereafter developed). You also acknowledge that the purpose of the Service is to access the services of third party providers, and that as a result, you are agreeing to grant to us any and all other rights you grant to third party service providers. You will not use the Service in any way that is unlawful.
Demand Media respects the intellectual property rights of others and requires that the people who use the Service do the same. If you believe that your work has been reproduced and is accessible through the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit Demand Media to locate the material (for example, by providing a URL to the material);
- your name, 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; and
- a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement can be reached at:
Demand Media, Inc.
5808 Lake Washington Blvd. Ste. 300
(425) 298-2780 (fax)
Our policy is to terminate any account for repeated infringement of intellectual property rights, including copyrights. We reserve the right to terminate an account for even one instance of infringement.
CANCELLATION AND TERMINATION
- Cancellation/Termination by you. If you chose to cancel or terminate your account, you are solely responsible for doing so properly. Your cancellation or termination will take effect immediately and we will promptly delete all of your Content from the Service. We do not accept any responsibility for loss of Content due to account cancellation or termination.
- Cancellation/Termination by us. We may, in our sole discretion, suspend, terminate or restrict your access to the Service, for any reason and at any time. Such cancellation or termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the deletion of your account. We reserve the right to refuse to provide the Service to anyone for any reason at any time.
DISCLAIMER OF WARRANTIES
THE SERVICE AND CONTENT ARE PROVIDED “AS IS”. DEMAND MEDIA MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR THE CONTENT. DEMAND MEDIA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANITES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEMAND MEDIA DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILTY, TIMELINESS, AND PERFORMANCE OF THE SERVICE OR ACCESS TO YOUR ACCOUNT. IN NO EVENT SHALL DEMAND MEDIA HAVE ANY LIABILTY IN CONNECTION WITH THE DISPLAY OF ANY THIRD PARTY ADVERTISEMENTS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILTY
IN NO EVENT WILL DEMAND MEDIA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, OR LOSS OF GOODWILL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT(INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL THE AGGREGATE LIABILTY OF DEMAND MEDIA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, EXCEED THE AMOUNTS PAID BY YOU TO US.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
REPRESENTATIONS AND WARRANTIES
In addition to your other representations and warranties set forth in these Terms, you represent and warrant that your use of the Service will comply will all local, federal and international laws, rules and regulations.
You agree to indemnify, defend, and hold Demand Media, its affiliates, officers, directors, employees, agents, attorneys, or suppliers (collectively, “Indemnified Person(s)”) harmless from and against any and all claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees) brought against any of the Indemnified Person(s) arising out of, related to or which may arise from your use of (a) the Service; (b) the Content; (c) in connection with you or your end users dealings with third parties who provide advertisements, links, or offers through the Services; and/or (d) your breach of these Terms.
Demand Media reserves all intellectual property rights in the Service, on its own behalf and on behalf of its licensors, and Demand Media does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. You shall not reverse engineer any content consisting of downloadable software, unless specifically authorized by Demand Media or the third-party owner of the rights in that content (if any) or otherwise permitted by law. Nothing in these Terms will be construed to give Demand Media any rights whatsoever in the Content.
MODIFICATION TO TERMS
Demand Media reserves the right to modify or supplement these Terms from time to time. We will provide notice to you of any material or supplemental changes to the Terms by posting on the RSS Graffiti site and/or by sending an email to the email address that we have on record for you. Your continued use of the Service thirty (30) days after our notice to you will constitute your agreement to the Terms then posted on the RSS Graffiti site.
AGREEMENT TO DEAL ELECTRONICALLY; ELECTRONIC COMMUNICATIONS AND NOTICES
All of your transactions through Services may, at our option, be conducted electronically from start to finish. If we decide to proceed electronically, those services will still be governed by these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
Except as otherwise provided in these Terms, Demand Media will give you any notices about the Service by posting them on the RSS Graffiti Site. You authorize Demand Media to send notices (including notice of subpoenas or other legal process, if any) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice thirty (30) days from the date when it is posted on the Site, or when sent by us via electronic mail, whether or not received by you. Demand Media may provide notice to any e-mail or other address associated with your Account. You must keep your address current and any notice provided by Demand Media to the address that you have most recently provided will constitute effective notice.
We receive many emails and not all of our employees are trained to deal with every kind of communication. Therefore, you agree to send us any notice by mailing it to our address for Legal Notices which is: 5808 Lake Washington Blvd., Ste. 300, Kirkland, WA 98033, U.S.A., Attn: Legal Department.
Under no circumstances shall Demand Media be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
- Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
- No Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Demand Media. Any attempt by you to assign, transfer or delegate these Terms or your Account without the express written permission of Demand Media will be null and void. Demand Media shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.
- Jurisdiction; Choice of Law; Export Limitations. The Service is controlled by us from our offices within the United States of America and is directed to U.S. persons. If you choose to access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature relating in any way to the Service will be governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You hereby agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California. Any disputes regarding such claims or arising under or related in any way to these Terms or the Service must be heard exclusively in the appropriate forum in California. You hereby consent to jurisdiction in a state or federal court sitting in Los Angeles, California and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California or federal law.
- Limitations on Actions. Any action concerning any dispute you may have with respect to these Terms or the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
- Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. Use of the term “include” or “includes” means “without limitation.” The use of the term “affiliates” includes any person directly or indirectly controlled by, under common control with, or controlling another person.
- Entire Agreement. These Terms comprise the entire agreement between you and Demand Media with respect to the use of the Service and supersede all prior agreements between the parties regarding the subject matter contained in these Terms. Any amendment to these Terms must be in writing and signed by an authorized representative of each party.
- No Waiver. The failure of Demand Media to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Demand Media’s right to act with respect to subsequent or similar breaches.
- Survival. In the event of any termination of these Terms, all obligations and responsibilities of Demand Media and you under Sections 2D and 6-14 will survive and continue in effect.
If you have a complaint, you may contact us at Demand Media, Inc., Legal Department, 5808 Lake Washington Blvd., Suite 300, Kirkland, WA 98033, U.S.A. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
NOTICE RE COPYRIGHT OWNERSHIP: © 2012 Demand Media, Inc. U.S.A. All rights reserved.
© 2012 Demand Media, Inc. All Rights Reserved. Demand Media, RSS Graffiti, and the RSS Graffiti logo are trademarks or registered trademarks in the United States and other countries.