User Agreement
Last updated: May 25, 2018
Bayfeeds.com is owned and operated by Integrinet Inc. (collectively, “Integrinet,” “we,” or “us”). By using Bayfeeds.com, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "User Agreement").
1. USE OF SERVICES
In consideration of your use of Bayfeeds.com, you represent that you
are of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the United States or other applicable
jurisdiction. In order to access certain services, you may be required
to provide current, accurate identification, contact, and other information
as part of the registration process and/or continued use of the services
offered by Integrinet Inc., and its subsidiaries or affiliated companies.
You are
responsible for maintaining the confidentiality of your Bayfeeds.com
account password, and are responsible for all activities that occur under
your account. You agree to immediately notify Bayfeeds.com of any unauthorized
use of your password or account or any other breach of security. Bayfeeds.com
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 1. we reserve the right to
refuse service to anyone at any time without notice for any reason.
2. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. You understand that
by using Bayfeeds.com services, you may be exposed to Content that is offensive,
indecent or objectionable.
You agree that you are responsible for your own conduct and Content while using Bayfeeds.com and for any consequences thereof. You agree to use Bayfeeds.com only for purposes that are legal, proper and in accordance with these User Agreement and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using Bayfeeds.com, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
- upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
- upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these User Agreement or any applicable policies or guidelines.
- download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- restrict or inhibit any other user from using and enjoying Bayfeeds.com services;
- use Bayfeeds.com services for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on Bayfeeds.com services;
- interfere with or disrupt Bayfeeds.com services or servers or networks connected to Bayfeeds.com services, or disobey any requirements, procedures, policies or regulations of networks connected to Bayfeeds.com services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Bayfeeds.com services or collect information about users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Bayfeeds.com;
- create user accounts by automated means or under false or fraudulent pretenses;
- use or provide software or services that interact or interoperate with Bayfeeds.com, e.g. for downloading, uploading, posting, flagging, emailing, search, creating searches or mobile use.
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
While we prohibit such conduct and Content in connection with Bayfeeds.com, you understand and agree that we may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to Bayfeeds.com. You also understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use Bayfeeds.com at your own risk.
3. BAYFEEDS.COM PRIVACY POLICY
For information about our data protection practices, please see our
Privacy Policy at https://bayfeeds.com/privacy.
4. PROPRIETARY RIGHTS
Our Rights:
You acknowledge and agree that Bayfeeds.com and any necessary software
used in connection with Bayfeeds.com services ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
Bayfeeds.com services or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Integrinet Inc or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works
based on Bayfeeds.com services or the Software, in whole or in part.
You agree not to access Bayfeeds.com by any means other than through the interface that is provided by Bayfeeds.com for use in accessing Bayfeeds.com services.
Your Rights:
We claim no ownership or control over any Content submitted,
posted or displayed by you on or through Bayfeeds.com. You or a third
party licensor, as appropriate, retain all patent, trademark and copyright
to any Content you submit, post or display on or through Bayfeeds.com
and you are responsible for protecting those rights, as appropriate. You represent and warrant that you
hold all necessary rights (including without limitation any copyright,
trademark, patent, publicity or other rights) in the Content.
It is our policy to respond to notices of alleged infringement that comply with the United States Digital Millennium Copyright Act or other applicable law.
Any use of Bayfeeds.com's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this User Agreement.
6. SUBMISSION OF CONTENT THROUGH A DATA FEED
Certain types of Content may be submitted to Bayfeeds.com electronically
via technical specifications provided to you by Bayfeeds.com (the "Data
Feed"). You agree to comply with the then-current specifications
provided by Bayfeeds.com to enable proper delivery and display of the
Content.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that we have no responsibility or liability for
the deletion or failure to store any Content and other communications
maintained or transmitted by Bayfeeds.com services. You acknowledge that
we have set no fixed upper limit on the number of transmissions
you may send or receive through Bayfeeds.com services or the amount of
storage space used; however, we retain the right, at our sole discretion,
to create limits at any time with or without notice.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, or resell
any portion of Bayfeeds.com services, use of Bayfeeds.com services, or access to Bayfeeds.com
services.
9. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Bayfeeds.com service
(or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification,
suspension or discontinuance of Bayfeeds.com services.
10. TERMINATION
You may cancel your use of Bayfeeds.com services and/or terminate this
User Agreement with or without cause at any time by providing notice to
us at https://bayfeeds.com/contact;
provided, however, that a terminated account may continue to exist for
up to 30 business days before such cancellation takes effect. We
may at any time and for any reason, including a period of account inactivity,
terminate your access to Bayfeeds.com services, terminate this User Agreement,
or suspend or terminate your account. In the event of termination, your
account will be disabled and you may not be granted access to your account
or any files or other content contained in your account although residual
copies of information may remain in our system. Except as set forth above
or unless we have previously canceled or terminated your use of Bayfeeds.com
services (in which case subsequent notice by us shall not be required),
if you have provided an alternate email address, we will notify
you via email of any such termination or cancellation, which shall be
effective immediately upon our delivery of such notice. Sections
13 through 19 of the User Agreement (including the section regarding limitation
of liability), shall survive expiration or termination.
11. ADVERTISEMENTS
Bayfeeds.com services are supported by advertising revenue and may include
and/or display advertisements, promotions or redirected affiliate links
on the service. The manner, mode and extent of advertising by us
on our services are subject to change. You agree that we shall not
be responsible or liable for any loss or damage of any sort incurred by
you as a result of any such dealings or as the result of the presence
of such advertisements or redirected affiliate links on Bayfeeds.com services.
12. LINKS
Bayfeeds.com services may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because we have
no control over such sites and resources, you acknowledge and agree that
we are not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on
or through any such site or resource.
13. INDEMNITY
You agree to hold harmless and indemnify Integrinet Inc., and its subsidiaries,
affiliates, officers, agents, and employees, advertisers or partners,
from and against any third party claim arising from or in any way related
to your use of Bayfeeds.com services, violation of these User Agreement
or any other actions connected with use of Bayfeeds.com services, including
any liability or expense arising from all claims, losses, damages (actual
and consequential), suits, judgments, litigation costs and attorneys'
fees, of every kind and nature. In such a case, we will provide
you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF BAYFEEDS.COM SERVICES IS AT YOUR SOLE RISK. BAYFEEDS.COM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- INTEGRINET INC. MAKES NO WARRANTY THAT (i) BAYFEEDS.COM SERVICES WILL MEET YOUR REQUIREMENTS, (ii) BAYFEEDS.COM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BAYFEEDS.COM SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BAYFEEDS.COM SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BAYFEEDS.COM SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTEGRINET INC. OR THROUGH OR FROM BAYFEEDS.COM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE BAYFEEDS.COM SERVICES; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM BAYFEEDS.COM SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON BAYFEEDS.COM SERVICES; OR
(v) ANY OTHER MATTER RELATING TO BAYFEEDS.COM SERVICES.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS [14] AND
[15] MAY NOT APPLY TO YOU.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this User Agreement, there shall be no third party beneficiaries to the User Agreement.
18. NOTICE
You agree that we may provide you with notices, including
those regarding changes to the User Agreement, by email, regular mail,
or postings on Bayfeeds.com services.
Entire Agreement. The User Agreement constitute the entire agreement between you and Integrinet Inc. and govern your use of Bayfeeds.com services, superceding any prior agreements between you and Integrinet Inc. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Integrinet Inc. services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The User Agreement and the relationship between you and Integrinet Inc. shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and Integrinet Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bristol, Massachusetts.
Waiver and Severability of Terms.The failure of Integrinet Inc. to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Bayfeeds.com services or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the User Agreement are for convenience only and have no legal or contractual effect.
20. TEXT MESSAGING POLICY
1.You will be able to stop the service from your phone by using the STOP command
2.Your carrier’s standard messaging rates apply to messages sent from or to this service.
3.By using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.
4.We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.
SMS MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
21. CHANGES TO OUR USER AGREEMENT
If we change this User Agreement, we will post those changes on this page. If we make any changes to this User Agreement that materially change Bayfeeds.com operates, we will endeavor to provide you with reasonable notice of such changes, such as via prominent notice on Bayfeeds.com or to your email address of record, and where required by law, we will obtain your consent or give you the opportunity to opt out of such changes.
YOUR CONSENT
By using this website, you consent to this
User Agreement and Privacy Policy.