(Last updated 1 December, 2014)
When using our website or widget, we may collect your name and e-mail address. We may also associate your account with a third party account, such as one from Facebook, Twitter, or Google.
In addition to providing us with the above information about yourself, you must be at least thirteen years of age or older to use our service. This is because we are prohibited by the Children's Online Privacy Protection Act from collecting information from anyone below that age. We apologize for any inconvenience this may cause.
We may collect information about you that is not personal information. When you access our website, we may collect such things as your IP address, browser, operating system, referring URL, and other general information about our visitors. This information, on its own, cannot usually be used to identify you.
We may use your information, personal or otherwise, to:
For these reasons, the enabling of cookies in your browser is obligatory when using our website.
Users may in some cases be able to review and edit the personal information they have provided to us by logging into Soonfeed and editing their account. For example, we may allow you to edit or delete the happenings that you post, or delete your account. Although most changes may occur immediately, information may still be stored in a web browser' cache. Additionally, we make no assurances that these features will always be available to you.
We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
We may link to third party websites from our own website or from the soonfeed embedded on other third party websites. Additionally, other users may post such third party links on our website or on a soonfeed embedded on another website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We recommend that you review their privacy policies and other agreements governing your use of their website.
Without limiting the generality of the foregoing, you extend this authorization to Facebook, Twitter, and Google, in relation to your accounts with those websites.
You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe you have violated or may violate any law of the United States, Bosnia and Herzegovina, or any other country having jurisdiction over us, our Site, Services, or our Terms of Service. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities in the State of Delaware, the rest of the United States, Bosnia and Herzegovina, or elsewhere.
We take steps to protect our systems, including using SSL certificates and PCI DSS-compliant hosting. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
(Last updated 1 December, 2014)
Welcome to Soonfeed.com, an online service allowing the dissemination of information about live web content (also known as “happenings online”), owned and operated by Soonfeed, a body corporate doing business in the State of Delaware (incorporation pending). This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “Soonfeed,” “Soonfeed.com,” “us,” “we,” and “our,” refer to our company or our service, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
Soonfeed is a timeline of upcoming happenings online, which publishers may embed on a website so users can find, follow and be at the happenings they don’t want to miss.
A “happening online” is an event, performance, occurrence or moment on the Internet that a user would not want to miss. It might be a live stream, live chat or live blog; or it could be the first time content such as a news article or video goes online; or any social media event, such as a Facebook update, Google Hangout or series of live tweets.
When using our website, we may collect your name and e-mail address. We may also associate your account with a third party account, such as one from Facebook, Twitter, or Google.
In addition to providing us with the above information about yourself, you must be at least thirteen years of age or older to use our service. This is because we are prohibited by the Children’s Online Privacy Protection Act from collecting information from anyone below that age. We apologize for any inconvenience this may cause.
As our service is currently in the beta testing phase, we cannot provide any warranties, guarantees, or other assertions as to the reliability or our service. At the time of the writing of these Terms of Service, we have no reason to believe that our service is likely to fail. However, events beyond our control, such as viruses, hacking, and service provider issues, as well as events within our control, such as the sale of our business, server maintenance, or the ceasing of our operations, may render your account unavailable to you. Therefore, you acknowledge and agree that we make no claims as to the reliability or permanence of our service, and that we recommend that you do not rely solely on our service for the dissemination of information.
When using our site, you agree that you will not:
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, copying user profiles or updates (whether or not you would otherwise be permitted by intellectual property law to reproduce it, as copying it still harms our network capacity).
Soonfeed’s main business activities are based on our allowing users to upload user-generated content to a soonfeed timeline. Because of this, we must ensure that all content uploaded to us may be used legally by us without having to remove it at a later date due to a revocation of license by the uploading user, or a copyright complaint by the rightful owner. Therefore, by uploading any content to a soonfeed, you agree that you grant us a universal, perpetual, sublicensable, commercial and non-commercial, irrevocable license to use such content, and that you represent to us that you have the right to grant such a license. You agree to indemnify us as well as any third party affected by your wrongful representations if you should represent falsely that you have the right to grant this license.
“Soonfeed” and “Happeningo” is a trademark used by us, Soonfeed, to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
Where Soonfeed has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
You must sign this notification and send it to our Copyright Agent at:
If sending the notification by e-mail, an electronic signature is acceptable.
Although our Rules of Conduct prohibit our users from posting defamatory material, we cannot ensure that it does not occur due to our limited editorial resources. Additionally, even if not defamatory, we cannot attest to the veracity of information published by users. Under Section 230 of the Communications Decency Act, we are not liable for defamatory or otherwise false material published by third parties (such as our users) on our Site.
We recommend that you report any alleged defamation by third parties to us with full details of who you are and how the material is defamatory and, if we agree it is defamatory, we may remove it. However, do not attempt to sue us, whether or not we remove such material, as we are not liable due to the Communications Decency Act and will attempt to recover any attorneys’ fees, costs, and disbursements from you that are incurred as a result of defending against such an unfounded lawsuit.
Additionally, due to the SPEECH Act 2010, you cannot attempt to sue us in another country for defamation and then attempt to domesticate the judgment in the United States to enforce it.
If you believe that Soonfeed itself, rather than a third party, has posted defamatory material, please contact us with full details at firstname.lastname@example.org so that we can mitigate any loss as soon as possible.
We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our products, for reasons including, but not limited to, failure of our service, loss of income, negligence, or any tort or other cause of action. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we are not responsible in any way for offers made by third parties through our website, including advertisers or offers made at the third party links on Soonfeed.com’s website or otherwise.
We are not liable for any failure of our service, including any failures or disruptions, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
The provision of our service to you is contingent on your agreement with this and all other sections of this Agreement.
Nothing in the provisions of this “Representations & Warranties” section shall be construed to limit the generality of the first paragraph of this section.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the State of Delaware. The offer and acceptance of this contract is deemed to have occurred in the State of Delaware.
In order to limit the costs and complexity of legal proceedings against Soonfeed, you agree that any dispute naming Soonfeed or a party acting for or on behalf of Soonfeed arising from or relating to this Agreement will be heard solely by the Delaware small claims system (“Small Claims Court”), known in the State of Delaware as the Justice of the Peace Court. You agree that even if you may be entitled to monetary, equitable, or other relief exceeding the jurisdiction of the Small Claims Court, you will waive your right to recover that relief and still bring your action within the Small Claims Court. In the State of Delaware, the Small Claims Court has monetary jurisdiction of up to $15,000 in contractual disputes and negligence cases, meaning that even if you would otherwise have the right to recover more than $15,000 in damages from us in such a case, you agree that you will only sue for the $15,000.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Soonfeed, shall have the sole right to elect which provision remains in force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Soonfeed.com must be addressed to our agent for notice and sent via certified mail to: Richard Medic, Alekse Santica 44A, Mostar, Federation Bosnia-Herzegovina 88000, Bosnia and Herzegovina.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.