TERMS OF SERVICE
The following terms and conditions ("Terms", "Agreement") govern all use of the Feedeos mobile applications (the "App"), the Feedeosapp.com website (the "Site") and all information, content, services and products available at or through them (collectively "Feedeos" or the "Service"). Feedeos is owned and operated by Fludéos Inc., a Quebec Company ("we", "us", "our" or "Feedeos").
1. ACCEPTING THESE TERMS
(1.2) Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. By accessing or using any part of Feedeos you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, you may not access the Service.
(1.3) By accepting these terms, you also agree to Youtube Terms of Service
2. CHANGES TO THESE TERMS
(2.1) We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come up with a new feature.
(2.2) If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, provide you with additional notice (such as adding a statement to the Site or showing a notice when you open an updated version of the App for the first time). We encourage you to review the Terms of Service periodically to stay informed about our practices.
(2.3) Whenever we make changes to these Terms, they are effective when the revised Terms are posted. Your continued use of the Service after any changes of this Agreement constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, please refrain from using the Service and delete the App from your device.
4. THE SERVICE
(4.1) Feedeos shall provide you with a mobile application that allows you to stream and watch selections ("Feeds") of online videos on your device.
5. LICENSE AGREEMENT
(5.1) Feedeos grants you a limited, non-exclusive, non-transferable and revocable License to access and use the Service. You may only use the App on a device that you control and that is permitted by any applicable usage rules applied by your device's manufacturer or by the marketplace at which we have made the app available. The terms of this License will also govern any upgrades provided by Feedeos that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
(5.2) However, your right to use the Service does not include any of the following, which is explicitly prohibited when using the Service:
(a) modifying or otherwise making any derivative uses of the Service or any portion thereof;
(b) using any data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) of any portion of the Service or any information contained therein;
(c) attempting to access areas/features of the Service that you are not authorized to access;
(d) any activity that will compromise the security of the Service;
(e) reverse engineering or access to the Service in order to build a competitive product or service;
(f) using the Service in any manner that could damage, disable, overburden or impair the functioning of the Service in any manner;
(g) using the Service other than for its intended purposes or in any way that infringes any of the terms and conditions of this agreement.
By using or accessing the Service you agree, represent and warrant not to do any of this. In case of non-compliance, we may terminate your use of the Service. In case of infringed copyright and other rights of Feedeos or third parties, you may be subject to prosecution and damages.
6. INTELLECTUAL PROPERTY RIGHTS
(6.1) The design of Feedeos, including the texts, scripts, graphics, formatting, graphs, trademarks, service marks, logos, designs, look and feel, HTML, source and object code, format, queries, algorithms interactive features are owned by or licensed to Feedeos, subject to copyright and other intellectual property rights and the applicable domestic and foreign laws and international conventions.
(6.2) Feedeos provides the Service to you 'AS IS' for your information and personal use only. Feedeos reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Content (as defined below) obtained through the Service for any commercial purposes.
Download and usage of the App is for free. To finance the Service, we may introduce in-app purchase features or advertisement at a later stage.
8. SERVICE ELIGIBILITY
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:
(a) are of legal age to form a binding contract with Feedeos.
(b) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party or any laws of any country to which you are a citizen or a resident or from which you are accessing the Service;
(c) are not currently restricted from Feedeos.
(9.2) We cannot guarantee that you will not be exposed to Content that is inaccurate, indecent, offensive objectionable, inappropriate for children, or otherwise unsuited to your purpose. You are responsible for taking precautions as necessary to protect yourself and you agree that Feedeos shall not be liable for any damages you allege to incur as a result of User Content.
(9.3) Feedeos may contain Content from third parties that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of others without our knowledge, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from such third party content on Feedeos or from the use of such content by any user of Feedeos.
(9.4) If any Content on the Service infringes your rights (including privacy, publicity or intellectual property rights) or if you whiteness any unlawful, malicious, harmful or otherwise objectionable Content, please inform us at email@example.com, so that we can take appropriate actions.
(10.1) We may suspend or terminate your rights with respect to the Service if you violate any of these Terms or for any other reason or for no reason at all and with or without notice at our sole discretion, without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Suspension and/or termination may include banning you from or restricting your access to and use of the App.
(10.2) In case of suspension and/or termination of your rights with respect to the Service through us, we shall not be responsible for the loss of Content connected to the installation of Feedeos on your device. You acknowledge and agree that Feedeos is under no obligation to put back Content, re-enable your access to the Service or re-install your rights with respect to the Service at any time or for any reason.
(10.3) If your rights with respect to the Service are suspended and/or terminated, you agree to make no further use of the Service during suspension or after termination.
(10.4.) All of the terms of this Agreement will survive any termination or suspension.
11. ACCESS AND SECURITY
(11.1) You can access Feedeos by downloading the App to your mobile device and taping 'start'.
(11.2) To make sure your installation of Feedeos is only used in accordance with these Terms, you agree to:
(a) not allow others to use the installation of Feedeos on your device;
(b) being responsible for any action performed through the installation of Feedeos on your device;
(c) keep access to your device secure and accept all risks of unauthorized access to the installation of Feedeos on your device;
(d) refrain from using other users' installations of Feedeos;
12. PUSH SERVICES
After downloading the App we may ask for your consent to use Push-Services. It is highly recommended that you allow notifications for the app to work properly. We will utilize Push Notifications in the following way:
(12.1) Standard Push Notifications: If you give your consent you will receive Push-Notifications e.g. if there is new Content waiting for you, or if there are other news around the App like new features. You can deactivate and re-activate these notifications at any time by changing the notification settings in the app, without affecting the settings for Silent Push Notifications.
(12.2) You can deactivate and re-activate all notifications at any time by changing the notification settings on your device.
13. CONSENT TO ELECTRONIC COMMUNICATIONS
(13.1) By using the Service you agree that we may communicate with you electronically regarding administrative, security and other issues relating to your use of the Service.
(13.2) You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
(13.3) To withdraw your consent from receiving electronic notice, please notify us at firstname.lastname@example.org
14. MODIFICATIONS TO THE SERVICE
(14.1) We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or Content on the Service with or without notice to you.
(14.2) You agree that Feedeos will not be liable to you or any third party for any modification or discontinuance of the Service, it's Content or any portion thereof.
15. THIRD PARTY RIGHTS
(15.1) You further agree to abide by any third-party terms that apply, including the iTunes App Store Terms of Service and the Terms of Service of any third party that hosts the Content which streamed to the App. You acknowledge and agree that the availability of Feedeos and its Content is dependent on such third parties.
(15.2) You agree that the usage rules for the App are subject to any additional restrictions set forth in the usage rules for any applicable third party terms of service.
(15.3) In the event of any conflict between the terms and conditions of the third party terms of service and the terms and conditions of these Terms, the terms and conditions of the third party terms of service will govern if they are more restrictive.
We welcome and encourage you to provide feedback, comments and suggestions for the Service. By submitting ideas, suggestions, documents, and/or proposals ("Feedback") to us, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) Feedeos is not under any obligation of confidentiality, expressed or implied, with respect to the Feedback; (c) Feedeos shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Feedback already under consideration or in development; (e) you irrevocably assign to Feedeos all rights to your Feedback; and (f) you are not entitled to any compensation or reimbursement of any kind from Feedeos under any circumstances.
17. DISCLAIMER OF WARRANTIES
(17.1) THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DON'T MAKE ANY WARRANTY THAT FEEDEOS WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.
(17.2) WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
18. LIMITATION OF LIABILITY
(18.1) YOU UNDERSTAND THAT YOU, DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, FEEDEOS AT YOUR OWN DISCRETION AND RISK.
(18.2) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FEEDEOS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE IN ANY EVENT AND FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE; AND (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON WARRANTY, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY IN CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE AS WELL AS IN CASE OF DEATH OR PERSONAL INJURY AND OTHER CASES PROHIBITED BY APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT FEEDEOS' LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO FEEDEOS BY YOU.
(18.3) AS FAR AS FEEDEOS' LIABILITY IS EXCLUDED OR LIMITED, THE SAME APPLIES FOR THE PERSONAL LIABILITY OF FEEDEOS' EMPLOYEES, REPRESENTATIVES AND AGENTS.
If any third party brings a claim against us in connection with, or arising out of (a) your breach of these Terms; (b) your breach of any applicable law of regulation; (c) your infringement or violation of the rights of any third parties (including but not limited to intellectual property rights); (d) your Content or (e) your complaint in relation to any Content by third parties, you agree to defend, indemnify and hold us harmless from and against all costs, damages, liabilities, loss and expenses (including legal fees and costs) related to such claim.
20. GOVERNING LAW & DISPUTE RESOLUTION
This Agreement, including the arbitration clause, and any dispute, claim or controversy arising out of or relating to this Agreement, or the breach, termination or validity thereof, are governed by the laws of the Province of Quebec in Canada without regard to its principles and rules on conflict of laws.
Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the the Province of Quebec in Canada. The number of arbitrators shall be one. The seat of arbitration shall be Montreal, Quebec. The language of the arbitration shall be French or English.
(21.1) Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement.
(21.2) No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated in writing and signed by both Parties.
22. ASSIGNMENT AND TRANSFER OF RIGHTS
(22.1) You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral notation, effective upon notice to you, Feedeos for any third party that assumes our rights and obligations under this Agreement.
(22.2) You acknowledge and confirm that we are entitled to assign and transfer all of the rights and obligations arising out of or in connection with these Terms to any other legal entity which may continue to operate Feedeos and provide the related services in the future.
23. ENTIRE AGREEMENT
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
You may have rights or obligations under local law other than those enumerated here.
You are always welcome to contact us for any feedback, questions, complaints or claims you may have related to the Service. Please direct your requests to: email@example.com
This Privacy Statement ("Statement") explains how information about you is collected, used and disclosed by Feedeos. Fludéos Inc, a Quebec Company ("we", "us", "our" or "Feedeos."), when you use the Feedeos mobile applications (the "App"), the Feedeosapp.com website (the "Site") and all information, content, services and products available at or through them (collectively "Feedeos" or the "Service") or when you otherwise interact with us.
1. ACCEPTING THIS PRIVACY STATEMENT
(1.1) Your use of Feedeos is subject to this Statement in effect at the time of your use. By accepting our Terms of Service, you expressly consent to our collection, storage, use and disclosure of your information as described in this Statement.
2. CHANGES TO THIS PRIVACY STATEMENT
(2.1) We reserve the right to change this Statement from time to time. For example, a change might be necessary, if we want to enhance the user experience with a new feature that is based on the additional collection or processing of data.
(2.2) If we make changes, we will notify you by revising the date at the top of this Statement and, in some cases, provide you with additional notice (such as showing a notice on the Site or when you open an updated version of the App for the first time). We encourage you to review this Statement periodically to stay informed about our practices.
3. COLLECTION, STORAGE AND USE OF YOUR PERSONAL INFORMATION USER DATA
(3.1) Our primary goals in collecting user data and personal information are to provide and improve Feedeos, its services, features and content and to enable users to enjoy and easily navigate the Service.
(3.2) We aim to solely store necessary information and only for the shortest appropriate period of time. In addition, we take all the usual technical measures to prevent unauthorized access to your data on our servers. Finally, we anonymize all of the data we collect from you.
4. PERSONAL INFORMATION
In order for you to use the Service, we do NOT collect any personal identifiable information about you such as your name, address, phone number, email address, contacts nor do we collect any account information to any other apps or social networks.
5. LOG DATA
When you access the Service, our servers automatically record information that your browser or mobile phone sends whenever you visit a website or application ("Log Data"). This Log Data may include information such as your Internet Protocol ("IP") address, browser type, phone model, default language settings, or the webpage you were visiting before you came to our Site, pages or portions of Feedeos that you visit or click on, the time spent on those pages, access times and dates, and other statistics. We use this information to monitor and analyze use of the Service and for technical administration, to increase Feedeos' functionality and user-friendliness, and to better tailor it to our users' needs. We do not treat Log Data as personal information or use it in association with other personal information, though we may aggregate, analyze and evaluate such information to improve our Service.
6. THIRD PARTY ANALYTICS AND COOKIES
(6.1) We may directly collect analytics data, or use third-party analytics tools, e.g. from Google Analytics and Facebook Insights, to help us measure traffic, social media reach and usage trends for the Service. These tools collect and store on their servers information sent by your browser or mobile application that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
(6.3) You can use the settings within your browser to control the cookies that are set on your computer. However, please be aware that cookies are important to many aspects of the Site - if you set your browser to reject cookies, you may not be able to enjoy all of the features of the Service. To find out more about cookies, including how to see what cookies have been set and how to reject and delete cookies, please visit http://allaboutcookies.org.
7. SERVICE PROVIDERS
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform business-related services (e.g., without limitation, maintenance services, hosting, database management, web analytics, moderation services, and improvement of Feedeos features) or to assist us in analyzing how Feedeos is used. These third parties may have access to the above listed information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
8. COMPLIANCE WITH LAWS AND LAW ENFORCEMENT
Feedeos cooperates with government and law enforcement officials. We may preserve or disclose any of the information mentioned above if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Feedeos' rights or property.
9. INTERNATIONAL TRANSFER
Your personal information and Content may be transferred to - and maintained on - computers 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. Your consent to this Statement followed by your submission of such information represents your agreement to that transfer.
10. BUSINESS TRANSFERS
Feedeos may sell, transfer or otherwise share some or all of its assets, including your user data and personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
11. LINKS TO OTHER WEBSITES
The Service may contain links to third party websites or services. If you choose to visit other websites or services by clicking on a link, you may be directed to that third party's website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites or services. These other websites or services may place their own cookies or other files on your computer, collect data or solicit personal Information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
12. LIMITATION OF SCOPE
This Privacy Statement does not apply to the practices of companies that Feedeos does not own or control or to people that Feedeos does not employ or manage.