FanFeedr reserves the right, from time to time, with or without notice to you, to change these Terms in our sole and absolute discretion. The most current version of the Terms will supersede all previous versions. By using the FanFeedr API after changes are made to the Terms you agree to be bound by such changes. Your only recourse if you disagree with the Terms, or changes to the Terms, is to discontinue your use of the API. As such, you should review the Terms periodically.
I. Description, Licenses, and Restrictions
- Because RSS and other feeds offered by FanFeedr permit the sending and receipt of Content from FanFeedr in a similar way as through use of the API, you agree that all restrictions and limitations on use of the API contained in these Terms shall similarly apply to your use of any FanFeedr RSS or other feed.
- Failure to do so may jeopardize your continued access to the API.
- The API is currently provided via free and paid plans. FanFeedr reserves the right to change pricing terms for the API in the future.
- Use of official team and league logos, service marks, and other intellectual property obtained via the FanFeedr API is not authorized by FanFeedr, Snapscores, Inc., or any of its affiliates. By using the FanFeedr API, user consents that the company, Snapscores, Inc., or any of its affiliates will not indemnify user from liability arising from unauthorized usage of such intellectual property.
- Without limiting the foregoing, you agree that:
- the API may not be used to create Applications that offer or promote services competitive with, damaging to, disparaging of, or otherwise detrimental to FanFeedr or its licensors, licensees, affiliates and partners;
- the API may not be used for Applications that (even if no fees are charged) contain targeted promotion of businesses competitive with FanFeedr such as other services that provide sports news, information and video;
- the API may not be used for Applications that transfer, display or use Content from FanFeedr without creating benefit for FanFeedr’s end users;
- you agree to FanFeedr’s sole discretion in interpreting these restrictions and FanFeedr’s rights to immediately cease your use of the APIs for violating these Terms.
II. Monitoring your Use of the FanFeedr API
You agree to provide us with access to your Application and/or other materials related to your use of the API as reasonably requested by us to verify your compliance with these Terms. You agree that we may crawl or otherwise monitor online Applications and you agree not to block or interfere with such efforts by FanFeedr.
- In addition to its other rights under these Terms, FanFeedr may utilize technical measures to prevent overusage and/or stop usage of the API by an Application after any usage limitations are exceeded.
- All Content transmitted by FanFeedr in connection with your Application remains the property of FanFeedr, its licensees or its licensors or the originating party.
III. Appropriate Conduct and Usage Restrictions
- interfere with or disrupt FanFeedr services or servers or networks connected to FanFeedr services, or disobey any requirements, procedures, policies or regulations of networks connected to FanFeedr services;
- restrict or inhibit any other user from using and enjoying FanFeedr services;
- use FanFeedr services for any illegal or unauthorized purpose;
- circumvent or modify any Keys or other security mechanism employed by FanFeedr or the API;
- request, collect, solicit, or otherwise obtain access to sign-in names, passwords or other authentication credentials for FanFeedr other than by directing users to FanFeedr in the mechanism specifically provided by the FanFeedr API;
- impersonate any person or obtain access to the FanFeedr service without authorization;
- enable any other person to personally identify any user of your Application except with the user’s express consent;
- imply inaccurate creation, affiliation, sponsorship or endorsement of you or your Application as by FanFeedr or of the Content as you own;
- use the Content for any Purpose other than as it is provided by FanFeedr: specifically, the underlying URLs and data provided should not be edited, added to, deleted from, have hyperlinks removed, or add hyperlinks to, other otherwise modify the Content;
- download, scrape, post, or transmit, in any form or by any means, and part of FanFeedr service or Content other than Content which you post as part of your Application;
- 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;
- 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;
- use any robot, spider, site search/retrieval Application, or other device to retrieve or index any portion of FanFeedr 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 FanFeedr;
- create user accounts by automated means or under false or fraudulent pretenses;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- 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 (or the end user posting the Content) are the owner of the Content or have the permission of the owner to post such Content; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
- However, you may not retain any Content or data, if FanFeedr ceases to allow such categorical retention, or upon notice from FanFeedr (including if we notify you that a particular FanFeedr user has requested that their information be made inaccessible to your Application), or upon termination of this Agreement or your use of the API.
- Any such advertising shall be not modified, obscured or deleted in your Application.
- FanFeedr may maintain a directory of developers using the API and/or the Applications resulting from developer use of the API (“Directory”). Whether or not you or your Application is included in the directory is within FanFeedr’s sole discretion.
- If you have not submitted your Application and FanFeedr requests you do, you will promptly submit your Application for review and, for such review, waive any fees or subscriptions usually associated with the Application.
- You grant FanFeedr a non-exclusive license to display the trade names, trademarks, service marks, logos, copyright notices, domain names, and other distinctive brands associated with you and your Application in accordance with these Terms for the purpose of promoting or advertising that you use the API, or for inclusion in the Directory.
- By using the API you grant FanFeedr a right to host, link to, and otherwise incorporate your Application into the FanFeedr service through a Directory or other means.
V. Proprietary Rights
- FanFeedr Property. As between you and FanFeedr, FanFeedr retains all right, title and interest, including without limitation all intellectual property rights, in and to, (i) the API and any and all elements and components thereof, including content, technology, software, code, user interfaces, and any derivatives works and/or compilations thereof or relating to; (ii) the Content available through the API; (iii) the FanFeedr Brands, as defined in these Terms, and (iv) any feedback (including suggestions comments, improvements, ideas, etc.), about the FanFeedr service, the Content, the API, or any applications FanFeedr may be developing as discussed in Section V(1) (“Feedback”) ((i), (ii), (iii) and (iv) collectively the “FanFeedr Property”). You agree to take such actions, including, without limitation, execution of affidavits or other documents, as FanFeedr may reasonably request to effect, perfect or confirm FanFeedr’s rights to the FanFeedr property.
- License Grant. You shall not acquire any right, title, or interest in or to the FanFeedr Property except as expressly set forth in the Terms. Subject to the terms and conditions in these Terms, during the term of this agreement, FanFeedr grants you limited, non-exclusive, revocable, non-sublicensable and non-transferable license to access and use the API solely to develop, test, display, distribute and execute your Application; to access and display in your Application the Content provided by FanFeedr; and to allow others to access your Application. You will not, and will not permit any person, directly or indirectly, to reverse engineer, disassemble, reconstruct, decompile, translate, modify, copy, or, other than as explicitly permitted hereunder, create derivative works of the FanFeedr service, including, without limitation, the API, or any aspect or portion thereof, including without limitation, source code and algorithms.
- All use by you of FanFeedr's Brands (including any goodwill associated therewith) shall inure to the benefit of FanFeedr.
- Brand Protection. At no time during or after the term of this agreement shall you challenge or assist others to challenge the Brands of FanFeedr (except to the extent such restriction is prohibited by law) or the registration thereof by FanFeedr, nor shall you attempt to register any Brands (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of FanFeedr.
- In using the FanFeedr Brands pursuant to Section V(3), you may not do the following (and for purposes of this Section “use” shall include any use or display of a FanFeedr Brand):use a FanFeedr Brand in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by FanFeedr, other than your involvement in the API;
- use a FanFeedr Brand in any manner that can be reasonably interpreted to suggest editorial Content has been authored by, or represents the views or opinions of FanFeedr or FanFeedr personnel;
- use a FanFeedr Brand to disparage FanFeedr, its products or services;
- use a FanFeedr Brand in a way that tarnishes, dilutes or otherwise impairs the FanFeedr Brands;
- use a FanFeedr Brand to promote another service substantially similar in whole or in part to FanFeedr, including service that offers Titles via DVD rental service, download or instant watching over the Internet;
- use a FanFeedr Brand on your site if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
- use a FanFeedr Brand as the largest or most prominent brand in your Application;
- use a FanFeedr Brand as the most prominent element on your Application;
- use a FanFeedr Brand in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to FanFeedr;
- use a FanFeedr Brand on a site that violates any law or regulation; or
- remove, obscure, distort or alter any element of a FanFeedr Brand.
6. During the terms of this Agreement you hereby grant to us a paid-up, royalty-free, nonexclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (i) use, reproduce, perform, display and distribute your Application and its content; (ii) link to and direct users to your Application and (iii) sublicense the foregoing rights to our affiliates or any third parties. Following the termination of this Agreement and upon written request from you, FanFeedr shall make commercially reasonable efforts, as determined in its sole discretion, to remove all references and links to your Application from the FanFeedr website and service. FanFeedr shall have no other obligation to delete copies of, references to, or links to, your Application.
7. If you elect to provide us with any Feedback you assign all right, title and interest in and to such Feedback to us, and acknowledge that we will be entitled touse, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account.
VI. Privacy and Legal Compliance
- However, you may ask for your users’ email addresses (which may or may not be the same as such user’s sign-in name) for communicating with your users about the Application.
- You will comply with all laws and regulations, including but not limited to the Video Privacy Protection Act of 1988, as and if applicable.
You may promote your Application, including talking to traditional and online media and your users about your Application, so long as you do truthfully and without implying that your Application is created or endorsed by FanFeedr (or otherwise embellishing your relationship with FanFeedr). For example, you may factually state that your Application is a "FanFeedr application" or an application for use with FanFeedr (so long as you are in full compliance with these Terms). However, you may not issue any formal press release via traditional or online media without FanFeedr’s prior consent. FanFeedr reserves the right to issue publicity and promotional materials mentioning and/or describing your Application without your consent.
IX. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING DISCLAIMERS TO THE EXTENT PERMITTED BY APPLICABLE LAW:
- YOUR USE OF THE FANFEEDR PROPERTY AND ANY FANFEEDR SERVICES IS AT YOUR SOLE RISK. THE FANFEEDR PROPERTY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FANFEEDR EXPRESSLY DISCLAIMS 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.
- FANFEEDR MAKES NO WARRANTY THAT THE FANFEEDR PROPERTY OR ANY FANFEEDR SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) \ WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR HAVE KNOWN OR DISCOVERED ERRORS CORRECTED, (iii) WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE, OR (iv) WILL MEET YOUR EXPECTATIONS (OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FANFEEDR PROPERTY OR ANY FANFEEDR SERVICES WILL MEET YOUR EXPECTATIONS).
- ANY MATERIAL THROUGH THE FANFEEDR PROPERTY OR ANY FANFEEDR 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.
X. Limitation of Liability
YOU AGREE TO THE FOLLOWING LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW: YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANFEEDR 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 FANFEEDR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FANFEEDR PROPERTY; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN THE FANFEEDR PROPERTY OR ANY FANFEEDR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE FANFEEDR PROPERTY OR ANY FANFEEDR SERVICES.
XI. Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against FanFeedr and its subsidiaries, affiliates, and their respective officers, agents, and employees, advertisers or partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorney’s fees) of every kind and nature, arising from or in any way related to your use of the FanFeedr Property. If you are a California resident, you waive your rights under California Civil Code Section 1542 which states, “A general released does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
XII. Confidential Information
The term "FanFeedr Confidential Information” means any information of or relating to FanFeedr that becomes known to you through disclosure, observation or otherwise, and that either is designated as confidential by FanFeedr or that is not generally known or readily ascertainable to the public, including, without limitation, nonpublic information regarding FanFeedr’s API and FanFeedr's products, services, programs, features, data, techniques, technology, code, ideas, inventions, research, testing, methods, procedures, know-how, trade secrets, business and financial information and other activities. All FanFeedr Confidential Information remains the property of FanFeedr, and no license or other right in any FanFeedr Confidential Information is granted hereby. You will not disclose any FanFeedr Confidential Information to any third party, and will take all reasonable precautions to prevent its unauthorized dissemination, both during and after the term of this Agreement. If you are a corporate entity, you will limit your internal distribution of FanFeedr Confidential Information to your employees and agents who have a need to know, and will take steps to ensure that dissemination is so limited. You will not use any FanFeedr Confidential Information for the benefit of anyone other than FanFeedr. Upon FanFeedr's written request, you will destroy or return to FanFeedr all FanFeedr Confidential Information in your custody or control. In addition to the terms of this provision, you and FanFeedr will continue to be subject to any non-disclosure agreement that you and FanFeedr have entered into separately. This provision will survive any termination of this Agreement.
XIII. Term and Termination
- Furthermore, FanFeedr may limit, suspend or terminate your use of the API (and thus the agreement with you to these Terms) at any time. Without limiting the foregoing and as clarification only, FanFeedr may terminate its agreement with you immediately and without notice if:
- you seek to hack or break any security mechanism on any of the API;
- we determine that your use of the API poses a security or service risk to us, to any user of the Application, or to any of our subscribers, or may subject us or any third party to liability or damages or danger;
- you otherwise use the API in a way that disrupts or threatens the API;
- we determine, in our sole discretion, there is evidence of fraud with respect to your account;
- you use any of the FanFeedr Property other than as expressly permitted herein;
- we receive notice or we otherwise determine, in our sole discretion that you may be using the FanFeedr API for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party; or
- we determine, in our sole discretion, that our provision of any of the API to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason.
3. You may terminate the agreement under these Terms for any reason or no reason at all, at your convenience, by (i) closing your account or (ii) ceasing use of the API.
4. Refusal of Application. FanFeedr shall have the right, in its sole discretion, to refuse to permit your use the API with a particular Application. Unless FanFeedr states otherwise, such rejection will not terminate these Terms with respect to other Applications you may have created. FanFeedr shall have no liability to you for such refusal.
5. Neither party shall be liable to the other party for damages of any sort resulting solely from the sole fact of terminating these Terms
6. You acknowledge that your breach of these Terms may cause irreparable harm to FanFeedr, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which FanFeedr may be legally entitled, FanFeedr shall have the right to seek immediate injunctive relief in the event of a breach of these Terms by you or any of your officers, employees, consultants or other agents.
XIV. General Information
- You agree that FanFeedr has sole discretion in determining the interpretation of the meaning of these Terms, including determining your compliance with these Terms.
- US Government License Rights. All APIs provided to the U.S. Government are provided under the commercial license rights and restrictions generally applicable under these Terms.
- You shall, in connection with your use of the APIs, comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control in connection with your use of the API.
- Entire Agreement. These Terms, including the other documents explicitly incorporated by reference, constitute the entire agreement between you and FanFeedr and govern your use of the API, superseding any prior agreements between you and FanFeedr.
- Choice of Law and Forum. These Terms and the relationship between you and FanFeedr shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and FanFeedr agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, York.
- Waiver. The failure of FanFeedr to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- If any provision of these Terms 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 these Terms 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 your use of the FanFeedr Property must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Nothing in these Terms should be construed to confer any rights to third party beneficiaries.
- FanFeedr may automatically, without notice to you, assign its agreement to these Terms to the surviving entity in the event of a change of control.
- Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.