Terms and Conditions

Terms of Use

Welcome, and thank you for your interest in the Pheed website (the “Site") a premium service that enables people to subscribe to a particular channel and access exclusive text, voice notes, audio clips, videos, photos, live broadcasts, direct events (collectively, the “Content”) and related mobile applications and software (collectively the Site, the “Service"), all in real time. Pheed Limited (“Pheed”) and the content providers or Pheed channel holders or ‘pheeders’ (collectively, the “Providers”) are pleased to offer you access to the Service according to the terms and conditions set forth below. The following terms, including the Guidelines (as defined below), and any future modifications (collectively, these “Terms”) form an agreement between you, Pheed, and the Providers.

PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SITE OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SITE OR THE SERVICE.

Eligibility; Registration Information and Password; Service Access.
1. THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE OR THE SERVICE BY PHEED. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE OR THE SERVICE. If you are 13 or older but under the age of 18, you MUST review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
2. As a subscriber to the Service, you will have to establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Pheed of any security breach of your Account. Pheed shall not be responsible for any losses arising out of the unauthorized use of your Account.
3. If you are using or opening an Account on the Site or the Service on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
4. You agree that the information you provide to Pheed on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
5. Subject to your compliance with these Terms, Pheed grants you permission to use the Service as set forth in these Terms, and consistent with the intended features of the Service.
Content Rights. The Content available on or through the Service is intended for personal, non-commercial use. All Content is owned or controlled by Pheed or the Providers or Pheed licensors and is protected by copyright and other intellectual property laws. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the Service.
Channels; Subscription.
1. Channels. Each Provider has established a channel on the Site, on which the Provider uploads the Content (“Channel”). It is at the Provider’s sole discretion, responsibility and liability to upload Content to the Channel and Pheed is not liable to the Content uploaded or to the activity level in each Channel on the Site.
2. Subscription. Subject to these Terms and any Guidelines, you are entitled to access Content on the Site through a Channel or Channels. Access to a Channel or Channels is done only upon subscription to the specific Channel(s). Subscription is done on a 30-days basis (“Subscription Period”).
Fees; Payment; Renewal.
1. Fees. Pheed charges fees for subscription to the Service offered on the Site. Subscription fees ($1.99 to $34.99 (excluding VAT, where applicable) for each Subscription Period) per each Channel are determined by the Channel’s respective Provider at their sole discretion and may be changed by the Providers from time to time. In case of change in subscription fees you shall receive notification on any such change at least 14 days prior to the end of the Subscription Period in which case you will have the opportunity to decline renewal of your subscription for an additional Subscription Period.
2. Payment. You agree to pay to Pheed all fees for subscriptions and/or services purchased on or through the Service under your account at the then-current rates for such subscriptions and/or services (including any applicable taxes). Pheed will bill charges through the payment method specified in your account (e.g. credit card or PayPal account; for more details please refer to the “Terms of Sale” section on the Site). Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may add new fees or charges, at any time. For any change in fees or charges for renewal of a subscription and/or service purchased under your Account, we will send you a notice of such change in advance of renewal (via a message on or through the Service or email). To avoid doubt, payments shall only be made in US Dollars. Any conversion fees, if any, shall be solely borne by you.
3. Renewal. Each of your subscriptions and/or services will NOT automatically renew unless you specifically ask of Pheed billing department. There is NO AUTOMATIC BILLING, once your subscription period ends it is at your control and command to renew. You must cancel a subscription service prior to renewal to avoid incurring fees for the renewal term. To avoid doubt, you will not be able to terminate your current subscription prior to the termination of each Subscription Period.
Use of the Service.
1. Use of the Service requires compatible devices, Internet access (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. You agree that these requirements, which may change from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
2. Pheed reserves the right to change Content options (including eligibility for particular features) without notice.
Privacy. Your privacy is important to Pheed and the Providers. The Pheed Privacy Policy that is hereby incorporated into these Terms by reference. Please read the Pheed Privacy Policy carefully for information relating to Pheed collection, use, and disclosure of your personal information.
Additional Terms. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (collectively, the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
Modification of these Terms. Pheed reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective 30 days after they are initially posted on or through the Site. In the event that such modifications materially alter your rights or obligations hereunder, such modified Terms will become effective upon the earlier of (i) your continued use of the Service with actual knowledge of such modified Terms or (ii) 30 days from publication of such modified Terms on or through the Site.
Prohibited Users.
1. Access to the Service from territories where its contents are illegal is prohibited. Those who choose to access the Service do so at their own initiative and are responsible for compliance with all local rules including without limitation rules about the internet, data, email, or privacy.
2. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, or any part of the Service, other accounts, computer systems, or networks connected to the Service, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on or through the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
3. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site or the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.
4. By using the Service you undertake, including without limitation, not to:
Submissions to the Service.
1. The Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Service. You hereby grant Pheed a worldwide, royalty-free, nonexclusive license to use such materials as part of the Service, without any compensation or obligation to you. Pheed reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
2. Pheed has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Pheed in its sole discretion deems appropriate, including, without limitation, termination hereunder.
Objectionable Material. You understand that by subscribing to the Site you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Site at your sole risk and Pheed shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Any descriptions, if at all, are solely provided for convenience, and you agree that Pheed does not guarantee their accuracy.
Termination.
1. By Pheed. You agree that Pheed, in its sole discretion and for any or no reason, may terminate these Terms, any account (or any part thereof) you may have with Pheed or your use of the Service and remove and discard all or any part of your account or any content uploaded by you, at any time. Pheed may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of these Terms, your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Pheed will not be liable to you or any third party for any such termination except as described in these Terms. Pheed does not permit copyright infringing activities on or through the Service or otherwise and reserves the right to terminate access to the Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Pheed may have at law or in equity.
2. By You. You may terminate your account, these Terms and your right to use the Service at any time and for any reason or no reason, by not renewing your subscription to the Site as described in Section 4.1and 4.3 above or by contacting Pheed user support at support@pheed.com. If you terminate these Terms or your account, you will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Service incurred before termination.
3. Survival. Sections 3 through 5 and 7 through 21 will survive any termination of these Terms.
Ownership. The Site and the Service are owned and operated by Pheed. The visual interfaces, graphics, design, compilation, systems, methods, information, computer code, products, software, services, and all other elements of the Service provided by Pheed (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for content by Providers, all Materials contained in the Service are the copyrighted property of Pheed, the Providers, or Pheed’s subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Pheed, the Providers, or Pheed’s affiliates and/or third-party licensors. Except as expressly authorized by Pheed, you agree not to sell, license, distribute, copy, modify, publicly perform, display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. THE USE OF ANY PART OF THE SERVICE or the Site, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Third-Party Sites, Products and Services; Links.
1. The Service may include links to other websites or services (“Linked Sites”) solely as a convenience to users. Pheed does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Pheed makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. YOU AGREE THAT PHEED WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to Pheed and, with respect to you, to the email address you provide to Pheed during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process, if any. In such case, notice will be deemed given three days after the date of mailing.
User Disagreements. You alone are responsible for your involvement with other users. Pheed reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release Pheed (and Pheed’s Providers, officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Disclaimers; No Warranties.
1. UNLESS OTHERWISE EXPRESSLY STATED BY PHEED, THE SITE, THE SERVICE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PHEED, THE PROVIDERS, AND PHEED’S SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
2. UNLESS OTHERWISE EXPRESSLY STATED BY PHEED, PHEED, THE PROVIDERS, AND PHEED’S SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE SITE, THE SERVICE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification; Hold Harmless. You agree to indemnify and hold harmless Pheed, its affiliated companies, its suppliers and partners, and the Providers from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Pheed and the Providers reserve the right, at their own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Pheed and/or the Providers, and you agree to cooperate with such defense of these claims.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Limitation of Liability and Damages.
1. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PHEED, THE PROVIDERS, OR PHEED’S AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE OR THE SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SERVICE, OR ANY OTHER INTERACTIONS WITH PHEED, EVEN IF PHEED OR A PHEED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PHEED’S AND THE PROVIDERS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
2. IN NO EVENT WILL PHEED, THE PROVIDERS OR PHEED’S AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).
Digital Millennium Copyright Act Compliance (DMCA).
1. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
2. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at the Service;
  3. 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 Pheed to locate the material;
  4. Information reasonably sufficient to permit Pheed to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. Pheed’s Designated Copyright Agent to receive notifications of claimed infringement can be reached by email at copyright@pheed.com. For the avoidance of doubt, only DMCA notices should go to Pheed’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Pheed customer service through support@pheed.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Dispute Resolution.
1. General. Generally, if a dispute arises between you, Pheed, and the Providers, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you, Pheed, and the Providers agree that the parties will resolve any claim or controversy at law or equity that arises out of these Terms or the Service in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
2. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Pheed and/or the Providers must be resolved by a court located in New York, NY, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York, NY for the purpose of litigating all such claims or disputes.
3. Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
4. Class Action Waiver. You and Pheed agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither you nor Pheed will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or Pheed acts or proposes to act in a representative capacity. You and Pheed further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of you, Pheed, and all parties to any such arbitration or proceeding.
Miscellaneous.
1. Severability. If any provision of these Terms shall be invalid, unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
2. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Pheed and the Providers without restriction.
3. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
4. Entire Agreement. These Terms, together with any other provisions incorporated hereunder by reference, as they may change from time to time in accordance with the terms herein, are the entire agreement between you and Pheed and the Providers relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Pheed as set forth in Section 8 above. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
5. Claims. YOU, PHEED AND THE PROVIDERS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
6. Disclosures. The Services hereunder are offered by Pheed Limited, email: info@pheed.com.
7. Enforcement. Pheed reserves the right to take steps Pheed believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Pheed has the right, without liability to you, to disclose any registration data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Pheed believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Pheed’s right to cooperate with any legal process relating to your use of the Site and/or Service and/or other products, and/or a third-party claim that your use of the Service and/or other products is unlawful and/or infringes such third party’s rights).
8. Electronic Submissions. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Last Updated December 2011

Terms of Sale

THE LEGAL AGREEMENTS SET OUT BELOW GOVERNS YOUR Payment for USE OF THE PHEED WEBSITE SERVICES.

Payments, Taxes and Refund Policy

Pheed Limited (“Pheed”), the next generation pay-per-view platform, offers a premium service that enables audiences to subscribe to a particular online channel and access exclusive text, voice notes, audio clips, videos, photos, live broadcasts and direct events, all in real time (“Content”). Each channel is that of a Content Provider (“Provider”). Pheed offers a selection of services (“Services”) that are offered through the website www.pheed.com or any other domain name Pheed shall choose from time to time (the “Site”). Pheed accepts these forms of payment: credit cards issued by U.S., Asian and European banks (each, a “Form of Payment”). If your Form of Payment is being used for a transaction, Pheed may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction.

You undertake to pay for all subscriptions you purchase through the Site, and that Pheed may charge your Form of Payment for any Content and Services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account (as defined above). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PHEED WITH A VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the Form of Payment you designate during the registration process. If you want to designate a different credit card or if there is a change in your Form of Payment status, you must change your information online in the Manage Account / Settings section of Pheed; this may temporarily disrupt your access to the Services while Pheed verifies your new payment information.

To avoid doubt, payments shall only be made in US Dollars. Any conversion fees, if any, shall be solely borne by you.

The total price you will have to pay to Pheed will include the price of the Content and/or Services plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the Content and/or Services. We will charge tax only in states where digital goods and services are taxable.

All sales of Content and Services are final.

Prices for Content and Services offered via the Site may change at any time, and Pheed does not provide price protection or refunds in the event of a price reduction or promotional offering.

If a Service becomes unavailable following a transaction, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery to you of Content or Service, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Pheed in its sole discretion.

For more information on Fees and Subscriptions please refer to the Terms of Use (above) on the Site into which these Terms of Sale are incorporated by reference.

Pheed reserves the right to close Accounts and request alternative forms of payment if a credit card is fraudulently obtained or used on the Service.

PHEED, PROVIDERS, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT YOUR CREDIT CARD IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF CONTENT ACCESS. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

Pheed is not responsible for typographic errors.

Copyright pledge

As a Pheed subscriber you may not distribute or otherwise disseminate any material or content from this Pheed channel in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to copyright. The material on this Pheed channel is property of the Pheed channel holder.

Pursuant to the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Pheed Limited reserves the right, in its sole discretion, to suspend or terminate, in appropriate circumstances, your subscription services if it comes to the attention of any Pheed channel holder or Pheed Limited reasonable cause or belief that you are infringing third-party copyright or intellectual property rights.

This policy is in addition to and does not affect or modify any other rights that Pheed Limited may have under law or contract.

If a Pheed channel holder believes in good faith that copyrighted content on his or her Pheed channel is being infringed by a subscriber he or she may send Pheed Limited a notification and union with the requirements set forth in the DMCA, Pheed Limited may remove or block access. Pheed Limited will also in accordance to rules and regulations offer the subscriber details provided. Pheed Limited bares no liability your subscription confirms this agreement. Be sure that all components of your usage and subscription period of the channel are used lawfully.

In plain text: Pheed Limited requests you that use the platform in accordance with all applicable copyright laws and regulations. No misuse of copyright rights will be tolerated. Enjoy the Pheed channel and abide by the laws.

All content on this Pheed channel is owned by the channel holder.
Content on this Pheed channel is protected by law and is permitted for personal, non commercial use.
As a subscriber I promise to pheed lawfully :)

I pledge to abide by the copyright terms of this Pheed channel

Last Updated December 2011