Terms & Conddition
By accessing or using 'Feed Post', you agree to adhere to and be bound by the terms and
conditions in this Agreement. Please read this Agreement carefully before accessing or using
'Feed Post'. If you cannot accept this Agreement, you may not access or use Feed Post.
In this Agreement, Feed Post, the Feed Post Service, all services related to it, including
all text, images, photographs, user interface, look and feel, data and other content
(including the selection, coordination and arrangement of such content) are referred to as
the "App" or "Service."
Feed Post reserves the right to change the Terms and Conditions of the Agreement and such
modifications shall be effective immediately. Users should visit this page periodically to
review the Terms and Conditions because they legally determine the conditions under which
they are allowed to use the Service. A User's continued access of this App shall be deemed
acceptance of the modified agreement.
1. Services Generally.
(a) Description
The Service is an online offering where individuals or
entities (“User" or collectively, "Users") can design and/or create a Logo, poster, banner,
photo, logo and/or business cards using materials and tools provided by Feed Post. Users agree
that Feed Post is responsible for providing this service, and that Feed Post is not
responsible for providing any other services or tasks not specifically outlined in these Terms.
(b) License
Users must purchase in-app items to use the all graphics,
artworks, symbols and designs (and associated materials) in our Service to create the Logo,
poster or any designs. Feed Post retains the copyrights and all associated rights to the
original symbols, but the non-exclusive license allows Users to use and display that graphics
& artworks in the customized poster and banner. The artworks (and other materials) used in
any preliminary design that are not contained in the final version of the design remain the
property of Feed Post. Under this license, Users cannot sell, assign, or transfer rights to the
graphics, but any trademark rights developed in the customized designs will be owned by the
User.
2. Responsibility for Content
(a) App
Feed Post shall not be responsible for any use that is or is not
made of the App. Feed Post makes no representations, warranties or guarantees regarding the
truthfulness, accuracy, or reliability of any information that is communicated to and from the
App. Feed Post does not endorse any opinions expressed by any User. Each User agrees and
acknowledges that he creates a designs at his own risk and that he is responsible for taking any
actions necessary to determine whether its use will infringe any third party intellectual
property, privacy, or publicity right. User agrees to be solely responsible for the accuracy of
the content of any design created for User by Feed Post.
3. Rights to Use.
(a) User Information
For any information or media provided by User in
connection with use of the Service (collectively, the "User Information"), Feed Post has all
rights necessary to use the User Information to provide the Service.
(b) License
Upon submission of User Information to the Service, User grants
Feed Post a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide license
to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
communicate to the public, moral right, perform, display, and/or incorporate in other works, in
any form, media, or technology now known or later developed for the full term of any
intellectual property rights that may exist in such User Information to the extent necessary to
provide the Service.
(c) User Ownership
Subject to Users compliance with this Agreement, User
shall own the customized design created by the Service (there is no guarantee the graphic has
not been used previously). User shall not, however, own any materials, media or other content
generated during the process of creating that design or by using Feed Post. User grants to Logo
Maker the right to use any such material (other than the customized) for internal and archival
purposes. Users also grant Feed Post the right to utilize the customized design in connection
with advertising, marketing and promotional materials. Feed Post shall retain sole title to and
ownership of all designs created or otherwise used in connection with the production of User's
design (Logo).
(d) Feed Post Ownership
The contents of this App, including the user
interface, text, graphics, artworks, icons, free graphics, images, data compilations, the
selection and format thereof, as well as the underlying software and databases are the property
of Feed Post and are protected by international copyright and trademark laws.
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(1) Intellectual Property
Feed Post owns all right, title and interest
in and to all copyright, trademarks, service mark, patent, trade secret or other
intellectual property and proprietary rights in and to the App to the fullest extent
provided under international law. Users shall not remove, conceal or alter any copyright
notice, byline information, disclaimer, restriction, or other notice. Users shall not
use or permit any third party to use the name, trademarks, trade names, or trade dress
of Feed Post without the written consent of Feed Post.
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(2) Trademarks
User acknowledges that no trade or service marks are
being conveyed under this Agreement. User acknowledges that Feed Post has no obligation
or duty to perform trade or service mark searches to validate the propriety or legality
of the customized design. Accordingly, Feed Post encourages Users to perform their own
independent searches. User acknowledges that Feed Post shall have no responsibility to
assist User in seeking provinical or federal intellectual property protection (i.e.,
trademark registration). Feed Post shall not be responsible to assist User to perfect
the Users rights.
4. Disclaimers; Limitations of Liability.
(a) Release from Claims
The Service serves as a venue for the creation of
designs. Feed Post does not screen or censor any information or material posted to the Web.
Although Feed Post makes reasonable efforts to determine the identity of Users, Feed Post does
not confirm the specific identity of any User. Accordingly, if a User has a dispute with another
User, Users release Feed Post from claims, demands, and damages of every kind and nature
arising out of or in any way connected with such disputes.
(b) Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS." Feed Post
MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED OF ANY KIND RELATING IN ANY WAY TO THE
APP, INCLUDING ANY USER IDENTITY OR LINKED CONTENT. Feed Post DISCLAIMS TO THE MAXIMUM EXTENT
PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. Feed Post SPECIFICALLY
DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY
INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS,
ERRORS, OR OMISSIONS IN THE APP, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE
TRANSMISSION OR DELIVERY OF THE APP, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE,
NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Feed Post OR ANY THIRD PARTY. FURTHER, Feed Post
DOES NOT WARRANT THAT THE APP WILL MEET USERS NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS
OF ANY OTHER PERSON.
The above disclaimer applies to any damages, liability or injuries caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction of or
unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence
or any other cause of action.
(c) Limitation of Liability
NEITHER Feed Post NOR ANY THIRD PARTY SHALL BE
LIABLE TO USERS OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES
RELATING TO THE APP OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR ANY APPLICABLE
LAW.
(d) Exclusion of Consequential Damages
IN NO EVENT SHALL Feed Post OR ANY
THIRD PARTY BE LIABLE TO USERS OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA,
BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE
INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING UNDER OR IN ANY
WAY RELATED TO THE APP OR ANY OTHER CONTENT, EVEN IF Feed Post OR ANY THIRD PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
5. Indemnification.
Users agree to defend, indemnify and hold harmless Feed Post and its subsidiaries,
affiliates, officers, agents, partners and employees from all liabilities or claims of any
third party arising out of Users violation of this Agreement.