Feed Shark Terms of Service
The Feed Shark Web Site (the "Site") is an online information service (the "Service") provided by Brain Bliss ("Brain Bliss"). ("Digital Property") includes, but is not limited to: web sites, blogs, rss feeds, podcasts, social media, multimedia content, publications, software, data files, source code, or any other digital/electronic property and/or medium not mentioned on this page that you and/or any affiliated parties own, rent, lease, borrow, operate, control, endorse, maintain, and/or influence. All subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Brain Bliss MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Brain Bliss, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Brain Bliss a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Brain Bliss by all means and in any media now known or hereafter developed. You also grant to Brain Bliss the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Brain Bliss for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Brain Bliss.
Publications, products, content, or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Brain Bliss. Other product, service, or company names and/or logos mentioned or displayed in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products, or services clearly identified as being supplied by Brain Bliss, Brain Bliss does not operate, control, or endorse any information, products, or services on the Internet in any way, and such information, products, or services not clearly identified as being supplied by Brain Bliss, offered through the Site or on the Internet, are generally offered by third parties, that are not affiliated with Brain Bliss a. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost and/or corrupted data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Brain Bliss PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Brain Bliss SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Brain Bliss DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU AGREE THAT YOU SHALL NOT USE THE SITE AND/OR ITS SERVICES FOR ANY ILLEGAL PURPOSES.
LIMITATION OF LIABILITY.
IN NO EVENT WILL Brain Bliss BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS AND/OR CORRUPTION OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Brain Bliss OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OR HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Brain Bliss LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Brain Bliss makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Brain Bliss web site, please understand that it is independent from Brain Bliss, and that Brain Bliss has no control over the content on that web site. In addition, a link to a Brain Bliss web site does not mean that Brain Bliss endorses or accepts any responsibility for the content, or the use, of such web site.
CALL(S) TO ACTION.
All computer code that the Site provides to you to include within your Digital Property is optional, and may be added to or removed from your Digital Property at your own discretion and risk at any time. Also, any actions, offers, or any other calls to participation that the Site provides to you is strictly optional and as such your participation is voluntary. You agree, that if you decide to participate in any actions, offers, or any other calls to participation that the Site provides to you, that you have sufficient knowledge and methods to backup/restore all data related to your Digital Property before participating. You also agree, that the Site offers no warranties or claims concerning the effectiveness of including any computer code that the Site provides to you to include within your Digital Property, or any actions, offers, or any other calls to participation that the Site provides to you.
You agree to indemnify, defend, and hold harmless Brain Bliss, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorney or legal fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Brain Bliss and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Brain Bliss and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Brain Bliss's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Brain Bliss may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.