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ToS

Page history last edited by Chris Kale 8 years, 6 months ago

Terms of Service

 

THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME ("Terms"), ARE A BINDING CONTRACT BETWEEN DEMAND MEDIA, INC. ("Demand Media" or "we") AND YOU ("you"). YOU MUST AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING DEMAND MEDIA’S RSS GRAFFITI SERVICE AND SOFTWARE, APPLICATIONS, FEATURES OR FUNCTIONALITY (THE “Service”). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

 

Description of RSS Graffiti Service

 

RSS Graffiti is a Demand Media Service that 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, Events and Application Profile Pages), including multiple feeds to multiple walls in the combination(s) you choose. 

 

Modifications to Terms

 

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. We will provide notice to you of any material changes in the Terms by posting notice to the RSSGraffiti.com website (the “Site”). Your continued use of the Site or Service 30 days after our notice to you of a change in the Terms means that you have agreed to the amended Terms.

 

Content and links displayed with Demand Media software and Service

 

Content and links displayed by Demand Media may be from other sites and services not owned by Demand Media.  Demand Media does not screen items displayed by third parties and is not responsible for their content, which some users may find offensive, objectionable, or inappropriate. Demand Media shall not be held liable for any materials, damages, or loss caused by these third party services and links.

 

Personal Use Only

 

Demand Media's software and Service are for personal, non-commercial use only. You may not resell, reproduce, duplicate, copy, or trade the software for any commercial purposes unless expressly authorized by Demand Media. Please contact info@demandmedia.com for more information.

 

Privacy Policy

 

Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. 

 

Trademarks

 

RSS GRAFFITI and other RSS GRAFFITI and Demand Media trademarks and all other trademarks listed hereor used by Demand Media in connection with the Site or Service are owned or used under license by Demand Media and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any Demand Media trademarks without express written permission from Demand Media and only in accordance with Demand Media's Trademark Guidelines. All rights are reserved.

 

Copyright

All content included on the Site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Demand Media or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Demand Media and protected by U.S. and international copyright laws. All software used on the Site is the property of Demand Media or its software suppliers and protected by United States and international copyright laws.

 

Intellectual Property Policy

 

The Service and software from Demand Media contain proprietary knowledge that is protected by applicable laws. You are not allowed, unless expressly authorized, to modify, sell, or distribute any works based on Demand Media's software or Service.

 

Prohibited Conduct; Liquidated Damages

 

You agree not to do, or attempt to do, any of the following, subject to applicable law:

 

access or use the Site or 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 or unintended (by us), or other than in full compliance with these Terms;

 

access, tamper with, or use the Service or areas of the Site that you are not authorized to access;

 

alter information on or obtained from the Site or Service;

 

use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or Service or extract data or gather or use information, such as email addresses, available from the Site or Service or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";

 

impersonate or misrepresent your affiliation with any person or entity;

reverse engineer any aspect of the Site or 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 Site or Service (except as otherwise expressly permitted by law);

 

send to or otherwise impact us or the Site 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 impact the Site or Service or any recipient; or

 

take any action which might impose a significant burden (as determined by us) on the Site's or Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site or Service.

 

IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SITE OR SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY US $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.

 

Notification of Claimed Infringement

 

Demand Media respects the copyright and other intellectual property rights of others and requests that the people who use the Site or Service do the same. If you believe your work has been used on a service provided by us in a way that constitutes copyright infringement, you may provide a notice to our copyright agent. In your notice, please provide the following information in writing:

  1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  2. identification of the copyrighted work that you claim has been infringed;
  3. 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); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Demand Media to locate that reference or link;
  4. your name, address, telephone number, and email address;
  5. 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
  6. 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 behalf of the copyright owner.

Our designated agent to receive notification of claimed infringement can be reached at:


Attn: Copyright Agent
5808 Lake Washington Blvd., Suite 300
Kirkland, WA 98033
copyright@demandmedia.com
facsimile number: 425-298-2780

 

Termination for Violation of Policy

 

It is our policy to terminate in appropriate circumstances an account, contributor, or the access rights of a subscriber for repeated copyright infringement, and we also reserve the right to terminate an account, contributor, or subscriber for even one instance of infringement.

 

Disclosure of Information related to Policy

 

Demand Media may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if Demand Media believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

 

Disclaimer of Warranties

 

Demand Media disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Demand Media Site or Service. Demand Media disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Demand Media disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Demand Media Site or Service.

THE DEMAND MEDIA SITE AND SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICE INCLUDED IN THE DEMAND MEDIA SITE AND SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DEMAND MEDIA AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DEMAND MEDIA AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DEMAND MEDIA SITE AND SERVICE. DEMAND MEDIA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DEMAND MEDIA SITE AND SERVICE. DEMAND MEDIA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICE, GOODS, INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DEMAND MEDIA SITE OR SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DEMAND MEDIA SITE OR SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DEMAND MEDIA SITE OR SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

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 Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL DEMAND MEDIA, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON THE DEMAND MEDIA SITE OR SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DEMAND MEDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DEMAND MEDIA SITE OR SERVICE, FROM INABILITY TO USE THE DEMAND MEDIA SITE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DEMAND MEDIA SITE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICE, GOODS, INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DEMAND MEDIA SITE OR SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DEMAND MEDIA SITE OR SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE DEMAND MEDIA SITE OR SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DEMAND MEDIA SITE OR SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

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.

 

Without limiting the foregoing, under no circumstances shall Demand Media, its affiliates, or its licensors 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.

 

General

 

1. Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site and Service by certain persons or in certain countries may not be legal.

2. 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.

3. 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.

4. Jurisdiction; Choice of Law; Export Limitations. The Site and Service are controlled by us from our offices within the United States of America and are directed to U.S. users. If you choose to access the Site and 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 Site or Service in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site or 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 and Demand Media agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County, California. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site or Service shall 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 defence that such forum is not convenient or proper, and consent to service of process by any means authorized by California or federal law.

5. Limitations on Actions. Any action concerning any dispute you may have with respect to the Site or Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

6. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.

7. Entire Agreement. These Terms (including terms incorporated into them comprise the entire agreement (the "Entire Agreement") between you and Demand Media with respect to the use of the Site and Service and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

8. 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. We suggest that you print out a copy of these Terms for your records.

If you have any questions or would like to report a violation of this agreement, please contact info@demandmedia.com.

NOTICE RE COPYRIGHT OWNERSHIP: © 2011 Demand Media, Inc. U.S.A. All rights reserved.

 

 

 

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