STREETFEED Terms & Conditions

 

Acceptance of Agreement/Acknowledgment

By using the StreetFeed app, you acknowledge that you have read and agree to accept, abide by and be bound by the terms and conditions set out below.

 

Please also note that StreetFeed, Inc., as the Registered Apple Developer of this application, is under licence to Apple Inc. We – and you - must therefore abide by terms and conditions prescribed by that legal Licensor. Those terms appear in boldface throughout this document.

 

This Agreement is solely between you and StreetFeed, Inc. Apple Inc. is in no way responsible for the Licensed Application and its content.

 

You must be 13 years of age or older to use this application. If you are 13 or older but have not yet reached the age of majority in the province or state where you live (in general, 19 years of age), please review this Agreement with a parent or guardian to ensure you fully understand your obligations.

 

StreetFeed, Inc. does not knowingly collect information from children under the age of 13. We reserve the right to deny service and/or cancel any account found to have been created by falsifying age.

You further 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.

 

StreetFeed, Inc. reserves the right to add, delete or otherwise amend these terms and conditions from time to time at its sole discretion. In the case of any violation of these terms and conditions, StreetFeed, Inc. reserves the right to seek all available legal remedies and in equity for such violations.

 

StreetFeed, Inc. is a corporation duly incorporated federally pursuant to the laws of the Province of Ontario and the laws of Canada applicable therein.

 

Ownership & Intellectual Property Rights
For the purposes of this End User Licence Agreement (EULA), we will refer to the website domain StreetFeed.ca as the “application” or “app”. We will refer to StreetFeed, Inc. as “we”, “StreetFeed” or “Developer”. We will refer to you as “you”, “End User” or “Member”. We will refer to Apple Inc. as “Apple” or “Licensor”.

 

StreetFeed, StreetCred, StreetTeam, StreetNews and CoolSpotz are trademarks of StreetFeed, Inc. and StreetFeed.ca is a registered domain name of StreetFeed, Inc. All are the intellectual property of StreetFeed, Inc. All rights reserved.

 

Apple, iTunes, iPhone and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. iOS is a trademark of Cisco Systems, Inc., registered in the U.S. and other countries and used by Apple Inc. under licence.

 

All other trademarks remain the intellectual property of their respective owners. All rights reserved.

 

In the event of any third party claim that the licensed application or your possession and use of that app infringes that third party’s intellectual rights, Apple will in no way be held responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

The StreetFeed app, its design, all text, graphics, content and presentation are the property of StreetFeed, Inc., and are protected under the copyright laws of Canada and other countries.

Our app may not, in whole or in part, be copied, reproduced, redistributed, uploaded, posted or transmitted without our permission, with the sole exception that you may download, display and share the materials for your personal, recreational and non-commercial use.

 

Any unauthorized use of our app and the materials presented within it may be considered to be in violation of applicable copyright, trademark or other intellectual property laws.

 

StreetFeed reserves the right to investigate and prosecute violations of any of the above, including but not limited to, intellectual property rights, infringement and security issues, to the fullest extent of the law.

 

App Download/Purchase

At this time, the StreetFeed app has been developed in two forms, both of which are offered exclusively through the Apple App Store. A free version of the app is available for download; a “Pro” version may be purchased for $1.99 US.  In order to purchase and/or download the StreetFeed Pro app, you must do so through an iTunes account. In such case, you are further bound by the terms and conditions of both the Apple App Store and iTunes. StreetFeed shall in no way be held responsible for any violation of those parties’ terms and conditions.

 

Certain StreetFeed services will be made available at no charge through channels including, but not limited to, the StreetFeed web and mobile sites. StreetFeed reserves the right to amend these Terms and Conditions without notice, as those services become available and/or circumstances require.

 

Scope of Licence

This is a non-transferable licence for you to use StreetFeed’s licensed app on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

 

Maintenance & Support

Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.

 

If you experience technical difficulties with the StreetFeed app that are not addressed in the Frequently Asked Questions (FAQ) section or have any other concerns or issues with the app’s functionality, you may contact us by email (support at streetfeed.ca) or by phone at (647) 339-2590. Note:  This is a local Toronto, Ontario, Canada phone number. If calling from outside the Greater Metropolitan Toronto Area (GTA), toll charges will apply according to your telephone or wireless provider’s service plan.

 

Warranty

Apple is in no way responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the Licensed Application (if applicable) and that, to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application nor to any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

 

Product Claims

Apple will not be held responsible for addressing any claims made by you or by a third party relating to the Licensed Application or your possession and/or use of that Licensed Application including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

StreetFeed’s liability shall not exceed the app replacement retail value (currently $1.99 US) permitted by applicable law.

 

Contact

A list of Frequently Asked Questions is included in the StreetFeed app. Any other questions, complaints, claims or concerns you may have with respect to the Licensed Application may be directed to:

 

StreetFeed, Inc.

2711-25 Capreol Court
Toronto, ON, Canada
M5V 3Z7

(647) 339-2590

info at streetfeed.ca

 

Third Party Terms of Agreement

You must comply with any and all applicable third party terms of agreement when using the StreetFeed app.

 

Third Party Beneficiary

You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this End User Licence Agreement (EULA) and that, upon your acceptance of the terms and conditions presented therein, Apple shall have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

 

Privacy & Acceptable Use

We respect your privacy and do not sell your information or spam you. Any personal information you entrust to us will only be shared as you permit and as described below in greater detail.

 

If you have any concerns about our Privacy Policy or concerns that your personal security has been breached, please contact our Privacy Officer at privacy at streetfeed.ca for prompt attention and resolution as far as is possible. You may expect a response in 24 hours, or less, depending on the volume and the nature or complexity of your concern. However, resolution may require more time than that. Your enquiry will be acknowledged promptly and we will keep you informed of its status.

 

The StreetFeed app is an online geosocial networking service that operates similar to a web log (blog). As such, you are strictly prohibited from posting, contributing or transmitting any material that could be considered infringing, unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic, profane or otherwise socially unacceptable or that could condone or incite conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law or the rights of any third party. You are further prohibited from interfering with the normal operation of this app and/or our server(s) in any manner whatsoever.

 

We reserve the right to withhold service, restrict access to our app or take other appropriate action if we believe that a user’s conduct violates applicable law or is harmful to our interests or those of any third party.

 

Collection of Personal Information

When you create an account to use the StreetFeed app, you will be asked to provide the following information: your first and last name, gender, birth date and email address. This information will be stored on our secure server(s) and not made public. We ask for your birth date solely to confirm that you are legally entitled to use our app. Your email address allows us to communicate with you as necessary; for instance, if you forget your password. You will also be asked to create a user name or “handle”. This is how you will be identified to other parties online. We strongly recommend that all our Members display minimal personal information on their Profile Pages to protect themselves from potential conflict, foul play, bullying, identity theft, etc.

 

StreetFeed Members can be Private or Public. If you choose to be a Public Member, any other StreetFeed Public Member can add you to his or her StreetTeam. (A StreetTeam is a list of other Public Members created in order to view a direct feed of news from those people of interest). If you choose to be a Private Member, no other Members can add you to their StreetTeams.

 

Remember that, if you choose to be a Public Member rather than Private, your personal information nevertheless remains private and securely stored on our server(s). You will only be known online by your user name or handle.

 

StreetFeed only collects email addresses for the purpose of direct communication with you. We will not rent or sell your email address. We are compliant with the most recent CAN-SPAM anti-spamming laws and we will continue to be vigilant in keeping up to date on such legislation.

 

Member Account, Password and Security

When you create your Member Account, you confirm that the information you have provided is truthful and accurate. You agree to keep your account password and information confidential and not to share it with any other person or entity.

 

If you lose or forget your password or if you become aware that someone other than you is accessing or attempting to access your account, please notify StreetFeed immediately. If you do not, you may be held responsible for any and all liability incurred by StreetFeed or any other Member due to unauthorized use.

 

If we have reason to believe your account has been compromised, we may ask you to update your password. We also reserve the right in such case to suspend or limit the use of your account and/or withhold service.

 

If your account is terminated for any reason, you may not create another account without StreetFeed’s expressed prior written permission to do so. Furthermore, you are not allowed to sell or otherwise transfer your profile to another party.

 

Third-Party Privacy

Some of the content, products and services available through StreetFeed may include materials that belong to third parties. You hereby acknowledge that StreetFeed assumes no responsibility whatsoever for such content, products and services.

 

Further, you understand that you may encounter offensive, indecent or other objectionable content when using the StreetFeed app. You do so at your own risk and agree that StreetFeed shall not be held liable to you in any manner whatsoever for your use of such content.

 

Links

Our app may contain links to other apps or websites. These are included for your reference and convenience only. Their inclusion does not imply any endorsement or verification of the linked site or of any information it may contain. We may also link to or from banner ads on various sites. StreetFeed, Inc. is not responsible in any way whatsoever for the content of these linked sites. If you access a link to another website, you do so at your own risk.

 

Liability
StreetFeed, Inc. is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages, mail or email, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, online failures, hardware or software-related malfunctions or other technical failures of device, computer or communications equipment.

Neither are we responsible or liable for any damages to your device, computer equipment or other property caused by viruses obtained through your access to our website/app, downloading of any materials, etc. Under no circumstances will we be liable for any injury, loss, claim, damage or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind including, but not limited to, lost profits or savings.

 

Notwithstanding the above, should StreetFeed be found liable for any loss or damage arising from the use of its app, its liability shall not exceed $250 CDN.


Indemnification
You agree to indemnify and save harmless StreetFeed, Inc., its owners, consultants, representatives, agents and directors, officers, employees and shareholders from and against any claim, cause of action or demand including, but not limited to, reasonable legal, accounting and other professional fees, brought about as a result of your use of the StreetFeed app.

 


Governing Law
These Terms and Conditions and their performance shall be governed by the laws of Canada. As a Registered Apple Developer, StreetFeed, Inc. may also be subject to laws in the legal jurisdiction to which Apple, Inc. is subject as they appear in the Developer’s Licensing Agreement.

 

©2014. StreetFeed, Inc. All rights reserved.