Terms and Conditions

LEGAL TERMS AND CONDITIONS

Thank you for visiting our Website (“Wildfeed Website” or “Website”). This Website is provided for your personal, noncommercial use. YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE.
Your use of this Website is governed by the following terms of use (“Terms”). If you do not agree with all of these Terms, please exit the Website now. By using the Website, you agree to comply with, and to be bound by, these Terms. Wildfeed, LLC and its affiliates (collectively, “Wildfeed”) may, from time to time, change these Terms in its sole discretion. By using the Website after any such change, you agree to comply with, and be bound by, the Terms as they may be changed.

These Terms of Service apply to all users of the Wildfeed Website, including users who are contribute video content, information, and other materials or services on the Website. The Wildfeed Website includes all products, software and services offered via the Website.

Wildfeed Accounts

A. To access some features of the Website, you will have to create a Wildfeed account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Wildfeed immediately of any breach of security or unauthorized use of your account.

B. Although Wildfeed will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Wildfeed or others due to such unauthorized use.

General Use of the Website -- Permissions and Restrictions

Wildfeed hereby grants you permission to access and use the Website as set forth in these Terms of Service, subject to the following restrictions:.

A. You agree not to distribute, in any medium, any part of the Website, including but not limited to User Submissions (defined below), without Wildfeed's prior written authorization.

B. You agree not to alter or modify any part of the Website.

C. You agree not to access User Submissions (defined below) or Wildfeed content through any technology or means other than the video playback pages of the Website itself, or other explicitly authorized means Wildfeed may designate.

D. You agree not to use the Website for any commercial use, without the prior written authorization of Wildfeed. Prohibited commercial uses include any of the following actions taken without Wildfeed's express approval: (1) sale of access to the Website on another website; (2) use of the Website for the primary purpose of gaining advertising or subscription revenue; (3) the sale of advertising, on the Wildfeed Website or any third-party website, targeted to the content of specific User Submissions or Wildfeed content; and (4) any use of the Website that Wildfeed finds, in its sole discretion, to use Wildfeed's resources or User Submissions with the effect of competing with or displacing the market for Wildfeed, Wildfeed content, or its User Submissions.

E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Wildfeed servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Wildfeed grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Wildfeed reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

F. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

G. Wildfeed reserves the right to discontinue any aspect of the Wildfeed Website at any time.

User Submissions

You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to Wildfeed through or in connection with this Website (“User Submissions”), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary. By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Wildfeed a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
A. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and
B. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

Wildfeed is, and shall be, under no obligation (i) to maintain any User Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any User Submission; or (iii) to respond to any User Submission. You represent and warrant that no User Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any User Submission through, in connection with or related to this Website, you agree that Wildfeed has the right (but not the obligation) to copy, publish, distribute or use such User Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. Wildfeed does not and cannot agree to consider or review every User Submission. You are and shall remain solely responsible for the content of any User Submission you make.

Click here to view our Privacy Policy. [insert link]

Account Termination Policy
A. Wildfeed will terminate your access to its account if, under appropriate circumstances, the you are determined to be a repeat infringer.
B. Wildfeed reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Wildfeed may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Wildfeed's designated Copyright Agent to receive notifications of claimed infringement is: _______, email: _______________, fax: ________________. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Wildfeed customer service through [insert] You acknowledge that if you fail to comply with all of the aforementioned requirements, your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Wildfeed may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Wildfeed's sole discretion.

Copyright, Trademark and Other Intellectual Property Protection

This Website is Copyright © 2008 Wildfeed, LLC. All rights reserved.

Wildfeed owns the trademarks, services marks and trade dress (“Trademarks”) displayed on this Website. Nothing on this Website should be construed as a license to use the Trademarks. Your use of the Trademarks displayed on this Website is strictly prohibited.

Links

This Website may contain links to other Sites. Wildfeed is not responsible for the availability of, or any content or material contained in, or obtained through, any such Sites. Any link to another Site, and reference to third-party information, products or services linked to this Website, is not, and should not be construed as, an express or implied endorsement by Wildfeed. Any questions or comments relating to such other Sites should be addressed to the operators of those Sites.

Disclaimer

Wildfeed strives to provide accurate material on this Website. However, material in this Website may contain inaccuracies or typographical errors. Wildfeed shall not be liable or responsible for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Website. It is your responsibility to evaluate the information and other content available through the Website. This Website and the information and material contained in this Website are subject to change at any time, and from time to time, without prior or subsequent notice.

No Warranties

This Website and the contents of this Website are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Wildfeed makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms, or Trojan horses) or implied warranties or merchantability or fitness for a particular purpose, with respect to this Website or its contents and expressly disclaims any representations and warranties.

You agree, by using this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this Website, and that Wildfeed shall not be responsible or liable to you or to any third party for any damages of any kind whatsoever arising out of, caused by or related to your use of this Website. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers or warranty may not apply to you.

Wildfeed assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of this Website or any materials provided on this Website.

Limitation of Liability
In no event shall Wildfeed be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever. Even if Wildfeed has been previously advised of the possibility of such damages, whether in an action under contract tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this Website. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you.

Applicable Law

These Terms and your use of this Website shall be governed under the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising under these Terms or out of your use of this Website shall be resolved exclusively by the state and federal courts of the State of New York, County of New York and/or the Southern District of New York. By using this Website, you hereby agree to the personal jurisdiction of, and venue in, such courts.

Severed Provisions and Entire Agreement

If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.

This is the entire agreement between the parties relating to the subject matter.

Wildfeed may modify these terms and conditions at any time and without notice, and for that reason you should periodically review the most up-to-date version at [insert URL].