MyFeed Inc. | Legal
Last Modified: December 8, 2018
It is an objective of MyFeed Inc. and its affiliates (“MyFeed”) to protect the privacy of all individuals who visit MyFeed’s website, and all individuals who use the mobile application MyFeed (the “Application”).
To make this policy easier to read, we call the Website, the Applications, and the Platforms together the "Services". When we talk about “Personal Information”, we mean information relating to you or other identifiable individuals.
Customer Content and MyFeed Data
When registering for the platform, we collect Personal Information (such as registration and account information) from our customers and users of the Services for our own purposes, such as to provide and administer the Services (“MyFeed Data”). We’re the data controller in respect of this information. MyFeed Data is also referred to as (“Customer Information”) in our Terms.
We also process Personal Information on behalf of our customers as their data processor, such as content generated, requested, or published via the Platforms in accordance with the instructions our customers give us through the Services (including, for example, the information our customers monitor or collect from social media sites like Twitter and Facebook through the Services) (“Customer Content”). Our customers control how their Customer Content is collected and used by them. In legal terms this means that our customers are the data controller of their Customer Content. Accordingly, we use Customer Content to provide the Services to our customers in accordance with the lawful instructions they give us through the Services.
MyFeed Data We Gather
When you first download the MyFeed App and register for a MyFeed account, and when you use the Services, we collect some Personal Information about you such as:
Your full name, username, and email address and other contact details
The geographic area where you use your computer and mobile devices
A unique MyFeed user ID (an alphanumeric string) which is assigned to you upon registration
Other optional information as part of your account profile
Your IP Address and, when applicable, timestamp related to your consent and confirmation of consent
Other information submitted by you via various methods (phone, email, etc.)
Information relating to an individual’s real time location
MyFeed also automatically collects and receives certain information from your computer or mobile device, including the activities you perform on our Website, the Platforms, and the Applications, the type of hardware and software you are using (for example, your operating system or browser), and information obtained from cookies (see “Cookies and Related Technologies” below). For example, each time you visit the Website or otherwise use the Services, we automatically collect your IP address, browser and device type, access times, the web page from which you came, the regions from which you navigate the web page, and the web page(s) you access (as applicable).
How We Use MyFeed Data
MyFeed uses MyFeed Data for the following general purposes:
To identify you when you login to your account
To enable us to operate the Services and provide them to you
To analyze the Website or the other Services and information about our visitors and users, including research into our user demographics and user behavior in order to improve our content and Services
To contact you about your account and provide customer service support, including responding to your comments and questions
To share aggregate (non-identifiable) statistics about users of the Services to prospective advertisers and partners
To keep you informed about the Services, features, surveys, newsletters, offers, contests and events we think you may find useful or which you have requested from us
To better understand your needs and the needs of users in the aggregate, diagnose problems, analyze trends, improve the features and usability of the Services, and better understand and market to our customers and users
To keep the Services safe and secure.
We also use non-identifiable information gathered for statistical purposes to keep track of the number of visits to the Services with a view to introducing improvements and improving usability of the Services. We may distribute this type of statistical data so that our partners also understand how often people use the Services, so that they, too, may provide you with an optimal experience.
Customer Content We Process For Our Customers
MyFeed is a social media directory. By its nature, Services enable our customers to bring together their social networks all in one place.
Services help our customers manage social media accounts and contacts.
By their nature, MyFeed’s Services allow users to connect to other third party services, including but not limited to Facebook, Soundcloud, Twitter, etc. When our customers link a Supported Platform or a third party service (such as OpenID) to their MyFeed account or when they register with a Supported Platform through their MyFeed account, our customers can choose to instantly access such third party services and Supported Platform via their MyFeed account (subject to the terms of the license agreements with the Supported Platforms and other third party services).
In this way, our customers can obtain, use and analyze public Personal Information from Supported Platforms and third party services of their choosing, and also store and organize Personal Information through the functionality in the Services. Such information can include Personal Information of all types, including but not limited to the following categories:
User generated content (such as messages, posts, comments, pages, profiles, images, feeds or communications exchanged on the Supported Platforms)
Contact details (such as name, email address, telephone number)
Additional individual information (such as age, gender, employer, profession, geographic location, education information, financial status, habits and preferences)
Information relating to individual’s real time location
Cookies and related technologies
When We May Share Personal Information
When you explicitly consent to the disclosure of such information to a third party when connecting to a third-party service that asks you if you consent to such sharing;
Where we are legally required to do so, such as in response to court orders or legal process, or to establish, protect, or exercise our legal rights or to defend against legal claims or demands;
If we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person;
If we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website infrastructure or the Services generally);
To a parent company, subsidiaries, joint ventures, or other companies under common control with MyFeed;
If this information is not private, is aggregated or is otherwise non-Personal Information, such as your public user profile information and related public data or the number of users who clicked on a particular link (even if only one did so).
MyFeed is committed to protecting the safety of children who use the Internet. Our Services are only be accessed by individuals of Minimum Age (“Minimum Age”). Minimum Age may mean different ages in different countries. The Services are not designed nor intended for use by children or anyone else under the age of 18. We do not knowingly collect personal information from anyone under 18. If a parent or guardian becomes aware that his or her child has provided us with personal information without such parent or guardian’s consent, he or she should contact us. If we become aware that a child under 18 has provided us with personal information, we will delete such information from our files.
We use industry best practices to keep any information collected and/or transmitted to the Supported Platforms or Third-Party Apps secure.
You should bear in mind that submission of information over the Internet is never entirely secure. We cannot guarantee the security of information you submit via the Services whilst it is in transit over the Internet and any such submission is at your own risk, and this risk is specifically disclaimed in our Terms.
If you are a Logged-in User, it is advisable that you log out of your account at the end of every session and not leave a logged-in account unattended for any period of time, particularly if you use a shared computer or device.
Information Storage and International Transfers
MyFeed Inc., the entity that provides the Services, is an American company with its head-office located in Los Angeles, CA.
The Services are mainly provided from our offices in the United States. However, by the very nature of the Services, the data that is viewed, collected, stored or posted on or through the Services also needs to flow from wherever you are located in the world, to where our Supported Platforms are storing the same data (i.e. in most cases, in the United States). In addition, MyFeed uses third-party service providers (such as managed hosting providers, card processors, CRM systems, sub-processors of Customer Content and technology partners) to provide the necessary hardware, software, networking, storage and other services that we use to operate the Services. These third party providers may process, or store, the same Customer Content on servers outside of the United States.
By using any of the Services, or submitting or collecting any Personal Information via the Services, you authorize MyFeed and its authorized service partners to use and process Customer Content and MyFeed Data (including any Personal Information). Please be aware that the privacy protections and the rights of authorities and Government agencies to access your Personal Information in some countries may not be equivalent to those in your country.
For Our Customers With A Principal Location In The EU:
If you primarily use the Services within the EU, we will process Customer Content (which may include Personal Information) as a data processor on your behalf. Under EU law, you are considered to be the data controller of the Customer Content, and as such you are responsible for complying with applicable data protection laws in respect of the processing of Customer Content and the lawful instructions you give us.
Safe Harbor. MyFeed complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information from the European Union member countries and Switzerland. MyFeed has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program visit http://www.export.gov/safeharbor.
If you have any questions, please feel free to contact us.
MyFeed uses email as the primary mode of communications with our users. We want to respect your privacy by only sending emails of interest to you. You can manage your email preferences, such as opting-out or unsubscribing from emails sent by MyFeed.
You can contact us to obtain a copy of the Personal Information held about you by us. This may be subject to a fee not exceeding any prescribed fee permitted by applicable law. You can also ask us to correct and, where relevant, erase that information. Please note that certain Personal Information may need to be retained by MyFeed for a period of time following cancellation of your account where this is necessary for our legitimate business purposes or required or authorized by applicable law. As mentioned above you have a right to change your email preferences at any time.
You should be aware that MyFeed acts as a conduit between our users and the various Supported Platforms and Third-Party Apps. In several instances, the content published via MyFeed will not be in MyFeed’s custody or control, and any content that has been shared by you through any Supported Platform or Third-Party Apps via the Services may continue to be available to third parties and the public at large, as this content is now under the control of the operators of the Supported Platforms and/or the Third-Party Apps.
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Terms & Conditions
MyFeed Inc. | Legal
Last Modified: December 8, 2018
MYFEED INC., (“MYFEED”) RECOMMENDS THAT YOU READ THESE TERMS OF SERVICE CAREFULLY
The Services are available only to persons or organizations that can form legally binding contracts under applicable law. The Services are not available to individuals under the age of 18. – (Can we make it available to U18?) If you do not qualify, you are not permitted to use the Services.
MyFeed reserves the right to update or change these Terms at any time. If MyFeed does so, the updated link will be made available to you via a link on the mobile App or the Website. You are responsible for regularly reviewing these Terms so that you are aware of any changes. Any continued use of the Services constitutes an “Acceptance” of the Terms. If you do not accept the updated terms, then cease use of the services immediately. MyFeed will make note of the most recent modification to these Terms by changing the “Last Modified” date above.
“Authorized Users” are individuals who are directly accessing the Services via an online sign-up process, or individual users authorized by you to use the Services and who you have given necessary login credentials to. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you are an Authorized User of this company and have the authority to bind that company or other legal entity to these Terms of Service.
“Customer Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to MyFeed by or on your behalf in relation to the use of the Services.
“Services” means the MyFeed application made available via MyFeed’s proprietary software delivered through the mobile applications that provide for a single login, centralized contact list that enables you and Authorized Users to view and be directed to the multiple Supported Platforms, including any modifications or Updates (as defined below). Services may also include any content accessed via MyFeed’s website.
“Supported Platform(s)” means the social networking site(s) currently supported by the Services, including Twitter, Facebook, LinkedIn, Instagram, Soundcloud, and any other social networking sites as described via the Site.
“You,” “Your,” “Customer” or similar terms as referred to in these Terms mean the person or legal entity accessing the services.
2. Intellectual Property
2.1 MyFeed Services. MyFeed retains all right, title, and interest in and to the Services. Nothing in these Terms will restrict or adversely affect the Services or any of MyFeed’s rights to any intellectual property, processes, services, or other rights, tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by MyFeed. You may from time to time provide suggestions, comments or other feedback to MyFeed with respect to the Services (“Feedback”). MyFeed may use your Feedback for any purpose, and you grant us the right to exploit in any way.
2.2 MyFeed’s Intellectual Property. All rights over MyFeed’s original content are reserved. The name “MyFeed” and its logo are trademarks owned by MyFeed and/or its affiliates. You may not copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the trademarks unless given prior written consent by MyFeed.
2.3 Customer Content. You grant MyFeed a limited, worldwide, non-exclusive, non-transferable license, without a right of sublicense, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Content for the purpose of supporting your use of the Services and providing Services to you. MyFeed may also use Customer Content for the purpose of supporting and developing the Services. MyFeed may also, from time to time, provide Customer Content to third parties to further any and all business purposes of either MyFeed’s business or the business of the third party. Subject only to the limited license expressly granted herein, you and your Authorized Users shall retain all right, title and interest in and to the Customer Content and all intellectual property rights therein.
2.4 Notice and Take Down Procedures – Copyright Agent. If you believe that any materials infringe your copyright, or other intellectual property rights you may request removal of those materials by contacting our copyright agent via email , providing the following information:
Identification of the copyrighted work that you believe to be infringed.Please describe the work, and include a copy or location (for example, the URL) of an authorized version of the work.
Your name, address, telephone number, and email address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder of authorized representation.
3. MyFeed Services
3.1 Services If you install MyFeed: During the Term (as defined below), subject to the terms and conditions of this Agreement, and solely for your personal or own business purposes, MyFeed shall use commercially reasonable efforts to make the MyFeed services available to you.
3.2 Updates and Functionalities. MyFeed may periodically apply updates to the Services and these updates may result in the change of the appearance and/or functionality of the Services. Such updates may include removal, addition, or modification of functionality, features, or content. Excluding the addition of new products, MyFeed shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Services (collectively, the “Updates”). You acknowledge that the Services interoperate with several Supported Platforms, and that the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to MyFeed on reasonable terms, MyFeed may cease to provide such features to you.
3.3 Fair Use Policy. MyFeed may suspend your access to the Services for abusive practices that degrade the performance of the Services for you and/or other customers of MyFeed.
3.4 Third-Party Products and Services. You acknowledge that the Services may enable or assist you to access, interact with, and/or purchase services from Supported Platforms and other third parties via third-party websites or applications (collectively, the “Third-Party Services”). When you access the Third-Party Services, you will do so at your own risk. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services (and you shall comply with all such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not MyFeed. MyFeed makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by you with any such third party.
3.5 Non-Exclusivity. You acknowledge that the rights granted to you under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict MyFeed’s right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.
3.6 Acceptable Use. You will be responsible for you and your Authorized Users’ compliance with these terms. You will make reasonable efforts to keep your account safe by not making your login credentials available to anyone. If you reasonably suspect that there has been a security breach in connection to your account, you should stop using the Services immediately and contact MyFeed.
3.7 Publicity. You grant MyFeed the right to add your name and/or company logo in connection with MyFeed’s Services.
4. Term and Termination
4.1 MyFeed Services. This agreement will be valid starting the day you install and sign up for MyFeed, and will continue until you deactivate your account. (the “Term).
4.2 Termination. If you violate these Terms, abuse the Services, or otherwise create risk or possible legal exposure to MyFeed, MyFeed can terminate or suspend your MyFeed Account at our sole discretion. MyFeed may or may not notify you of the suspension or termination.. You may also cancel or disable your MyFeed account at any time via the app.
4.3 Effects of Termination. Upon termination of this Agreement for any reason, (i) you will immediately cease all use of the Services; and (ii) you will have no further access to your accounts provided by MyFeed.
4.4 Survival. Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.
5. Warranty Disclaimer
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, MYFEED EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MYFEED SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, MYFEED DOES NOT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYFEED OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. MYFEED DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT AND MENTIONS, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. MYFEED DOES NOT CONTROL OR VET CUSTOMER CONTENT OR MENTIONS AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. MYFEED IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. MYFEED EXPRESSLY DENIES ANY RESPONSIBILITY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IF YOU ARE DISSATISFIED OR HARMED BY MYFEED OR ANYTHING RELATED TO MYFEED, YOU MAY CANCEL YOUR MYFEED ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 4.2 (TERMINATION), AS APPLICABLE, AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY (AND MYFEED’S SOLE AND EXCLUSIVE LIABILITY).
6.1 Your Indemnification. You shall defend, indemnify, and hold harmless MyFeed, its affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature which are in connection with or arising out of a claim (a) alleging that the Customer Content or your use of the Services infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates applicable law; (b) relating to, or arising from, Customer Content, or your breach of Section 2.3 or Section 2.6; or (c) relating to, or arising from, Third-Party Services.
7. Limitation of Liability
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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYFEED’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BY STATUTE, CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF (A) THE FEES PAID BY YOU FOR THE SERVICES HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE AND (B) US $500. MYFEED DOES NOT OFFER ANY WARRANTY OR REMEDIES FOR THE INTERRUPTION OR CESSATION OF ACCESS OR TRANSMISSION TO OR FROM THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYFEED, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER ASPECT OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL MYFEED BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF MYFEED WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF MYFEED FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF MYFEED, ITS EMPLOYEES, OR ITS AGENTS; (II) WILLFUL MISCONDUCT OF MYFEED; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
8.1 Assignment. You may not assign or otherwise transfer any of your rights or obligations hereunder, whether by MyFeedr, sale of assets, change of control, operation of law or otherwise, without the prior written consent of MyFeed (not to be unreasonably withheld), and any attempted assignment or transfer without such consent will be void. MyFeed may freely assign or delegate all rights and obligations under this Agreement, fully or partially without notice to you. MyFeed may also substitute, by way of unilateral novation, effective upon notice to you, MyFeed Inc. for any third party that assumes our rights and obligations under this Agreement.
8.2 Amendment. MyFeed reserves the right to modify, supplement, or replace the terms of this Agreement, effective upon posting on the MyFeed website, App, or notifying you otherwise. Your continued use of the Services after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new terms. Except for changes made by MyFeed as described here, no other amendment or modification of this Agreement shall be effective unless set forth in a written agreement bearing a written signature by MyFeed and you.
8.3 Severability. Each provision of this Agreement is severable. If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of this Agreement or of that provision in any other jurisdiction.
8.4 Notices. For purposes of service messages and notices about the Services, MyFeed may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from MyFeed to an email address associated with your account, even if MyFeed has other contact information. You also agree that MyFeed may communicate with you through your MyFeed account or through other means including email, mobile number, telephone, or delivery services including the postal service about your MyFeed account or services associated with MyFeed. You acknowledge and agree that MyFeed shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You may provide legal notice to MyFeed via email; Attention: General Counsel. The email address provided may be updated as part of any update to these Terms of Service.
8.5 Waivers. No waiver of any provision of this Agreement is binding unless it is in writing and signed by all parties to this Agreement, except that any provision which does not give rights or benefits to particular parties may be waived in writing, signed only by those parties who have rights under, or hold the benefit of, the provision being waived if those parties promptly send a copy of the executed waiver to all other parties. No failure to exercise, and no delay in exercising, any right or remedy under this Agreement will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.
8.6 Nature of Relationship. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
8.7 Force Majeure. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lock-outs, or labor disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
8.8 Governing Law. This Agreement and your relationship with MyFeed shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the state of Florida, in the country of the United States of America, and shall be considered to have been made and accepted in the United States of America, without regard to its conflict of law provisions. All disputes under this Agreement will be resolved by the courts of the United States in Florida. Any claim or dispute must be resolved by a court located in Miami-Dade, Florida.
8.9 Class Action Waiver. Where permitted under the applicable law. You and MyFeed agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and MyFeed agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.