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Terms of Service

 

Terms of Service

Last updated 01/25/18

 

We've created this privacy policy (this “Privacy Policy”) because we know that you care about how your information is used and shared. This Privacy Policy relates to the information collection and use practices of Surf in connection with Featured. By downloading and using Featured, users are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the Terms of Service.

All brands and personality names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.

Accessing and Modifying Information and Communication Preferences

Users may access, remove, review, and/or make changes to their preferences regarding Information we collect by contacting us via email support@usedfeatured.com. In addition, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “unsubscribe” link located on the bottom of any Project Surf marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify Information in our subscription databases.

How We Protect the Information

We take reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from Featured may not be secure, and you should therefore take special care in deciding what Information you send to us via e-mail.

Important Notices to Non-U.S. Residents

Featured and its servers are operated in the United States and elsewhere. Please be aware that your Information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use Featured, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

Children

We do not knowingly collect personal information from children under the age of 13 through Featured. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information through Featured without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on Featured. By accessing Featured after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact Project Surf via e-mail at support@usefeatured.com with “PRIVACY POLICY” in the subject line.

Terms of Use

Project Surf Inc. (“Project Surf,” “we,” “us,” or “our”) welcomes you. We provide you access to our mobile application (Featured”) subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By downloading, accessing and using Featured you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). You also represent and warrant that you are at least 13 years old or older. If you are accepting these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions set forth herein. If you do not have such authority, or if you do not agree to any of these terms, then you are not permitted to use Featured.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. DESCRIPTION OF SERVICES

We provide users with access to Featured as described in this Agreement. We are under no obligation to accept any individual as a user, and may accept or reject any user in our sole and complete discretion.

2. COMMUNITY GUIDELINES

By accessing and/or using Featured, you hereby agree that: You will not use Featured for any unlawful purpose; You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from Featured, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file; You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; You will not interfere with or attempt to interrupt the proper operation of Featured through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to Featured through hacking, password or data mining, or any other means; and We reserve the right, in our sole and absolute discretion, to deny you access to Featured, or any portion of the Often Keyboard, without notice and without liability to you, if you fail to adhere to these guidelines.

3. RESTRICTIONS

Featured is available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parents or guardian understand it.

4. INTELLECTUAL PROPERTY

Featured is comprised of or may contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Project Surf (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other platform for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and Featured automatically terminates.

The trademarks, service marks, and logos of Project Surf (“Project Surf Trademarks”) used and displayed on Featured are registered and unregistered trademarks or service marks of Project Surf. Other company, product, and service names located on Featured may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Project Surf Trademarks, the “Trademarks”). Nothing on Featured should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Project Surf Trademarks inures to our benefit.

Elements of Featured are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

6. ACCESSING AND DOWNLOADING AN APPLE APP FROM APPLE

The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Use:

You acknowledge and agree that (i) these Terms of Use are concluded between you and Project Surf only, and not Apple, and (ii) Project Surf, not Apple, is solely responsible for the Apple App and content thereof. Your use of the Apple App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.

In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App. As between Project Surf and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Project Surf.

You acknowledge that, as between Project Surf and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App or your possession and use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You acknowledge that, in the event of any third party claim that the Apple App or your possession and use of that Apple App infringes that third party’s intellectual property rights, as between Project Surf and Apple, Project Surf, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the Apple App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the Apple App against you as a third party beneficiary thereof.

Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the Apple App.

9. COMMUNICATIONS TO US

Although we encourage you to e-mail us, you should not e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.

10. NO WARRANTIES; LIMITATION OF LIABILITY

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT FEATURED OR THE CONTENT. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF FEATURED FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE CONTENT AND FEATURED AT YOUR OWN RISK.

WE DO NOT WARRANT THAT FEATURED WILL OPERATE ERROR-FREE OR THAT FEATURED, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF FEATURED OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

FEATURED AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE FEATURED OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR WARRANTIES AND LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

FEATURED MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON FEATURED. THE OFTEN KEYBOARD MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON FEATURED DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO FEATURED AT ANY TIME WITHOUT NOTICE.

11. EXTERNAL SITES

Featured may contain links to third-party websites, Featured, applications, or services (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

12. INDEMNIFICATION

You will defend, indemnify, and hold harmless Project Surf, our affiliates, and our and their respective officers, directors, managers, employees, and agents from any and all liabilities, costs, damages, and expenses (including reasonable attorneys’ fees) in connection with any third-party action, claim, or proceeding (each, a “Claim”) arising from your breach of this Agreement or your access to, use, or misuse of Featured or the Content. We shall promptly notify you of any Claim; provide you, at your expense, with reasonable cooperation in the defense of the Claim; and provide you with sole control over the defense and negotiations for a settlement or compromise. Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any Claim that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

13. COMPLIANCE WITH APPLICABLE LAWS

Featured is based in the United States. We make no claims concerning whether Featured or the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access Featured or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

14. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of Featured, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of Featured at any time without prior notice or liability.

15. MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of law provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that Featured shall be deemed passive that does not give rise to personal jurisdiction over Project Surf, either specific or general, in jurisdictions other than New York.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect.

The following provisions will survive any expiration or termination of this Agreement: “Intellectual Property,” “User Content,” “Communications to Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.