Moofeed Terms of Service

Last Updated: April 9, 2024

These Terms of Use (the “Terms”) govern your use of the website and application located at https://moofeed.com and other sites and subdomains (collectively, “Moofeed” or the “Website”) owned and operated by @moofeedcom (the “Company,” “we,” “us,” or “our”).

By accessing the Website, you agree to abide by these Terms and to comply with all applicable laws and regulations. We reserve the right to review and amend any of these Terms at our sole discretion and update this page from time to time. Any change to these Terms will take effect immediately from the date of publication. If you do not agree with these Terms, you are prohibited from using or accessing our Website or using any other services provided by us.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE EACH TIME YOU USE THE WEBSITE. THESE TERMS GOVERN YOUR USE OF THE WEBSITE UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE WEBSITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE WEBSITE, YOU ARE CONFIRMING YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE WEBSITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE. NOTE THAT THESE TERMS MAY BE UPDATED AT ANY TIME, WITHOUT NOTIFYING YOU AND BY AGREEING TO THESE TERMS NOW, YOU AGREE THAT YOUR CONTINUED USAGE OF THIS SERVICE CONFIRMS YOUR ONGOING AGREEMENT TO ANY UPDATED TERMS. PLEASE ENSURE THAT YOU READ THE TERMS OF SERVICE EACH TIME YOU USE THE SERVICE AND DISCONTINUE USAGE IF YOU NO LONGER AGREE TO ANY UPDATED TERMS.

Your Information

For information concerning how and why we might collect, store, use, and/or share your personal information when you use the Services, including when you register to set up a membership account, please read and review our Privacy Policy.

Prohibited Uses

We want you to use the Services to express yourself and to develop Content that you find interesting, but not at the expense of the safety and well-being of others. Accordingly, you may not, or assist any other person to:

• Violate these Terms, the License, or other policies applicable to the Services;
• Include sensitive personal information (such as phone numbers, residential addresses, health information, social security numbers, driver’s license numbers, or other account numbers) about yourself or any other person;
• Violate the privacy, publicity, or other rights of any third party;
• Further or promote criminal activity or enterprise or provide instructional information about illegal activities;
• Generate any Content or engage in Content Sharing that a reasonable person could find obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, excessively violent, or to be a glorification or promotion of violence or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased) (including visible genitalia, bare breasts, fully-nude buttocks, depictions of suicide or explicit sexual activity, fetishistic content, bodily fluids, bestiality, or imagery that shows violent death or acts of torture);
• Generate Content or engage in any Content Sharing that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;
• Generate Content or engage in any Content Sharing that may exploit any vulnerabilities, offend human dignity or may otherwise be defamatory, libelous, harassing, threatening, embarrassing, disparaging, distressing, hateful — racially, ethnically, or otherwise — to a person or class of people, or which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;
• Use the Services or any Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
• Generate Content or engage in any Content Sharing that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful;
• Upload any materials that: (i) infringe any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under any contractual or fiduciary relationship;
• Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Services, launching a denial of service attack, or in any other way attempting to interfere with the functioning and availability of the Services;
• Interfere with or disrupt the Services or servers or networks connected to the Services;
• Access or otherwise obtain any materials or information through any means not intentionally made available or provided for by Moofeed to you through the Services;
• Use the Services in any way that violates any applicable national, federal, state, local or international law or regulation; or
• Attempt to do any of the above.

The Services may block certain text prompts and blur resulting Content if we find (in our sole judgment) the prompt or resulting image too graphic, offensive, insensitive, or hurtful, even in circumstances where you may not have had any ill intent or where the Content does not otherwise violate the prohibitions described above. We may also block text prompts or block or remove Content that we otherwise find objectionable or that we believe in our reasonable judgment may expose us or others to any harm or liability.

Fees and Payment

a) Fees and Billing.

You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis but may reasonably change the date on which the charge is posted. You authorize Moofeed and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement. If any amount of your Fees is past due, we may suspend your access to the Services after we provide you written notice of late payment.

b) Price Change.

We reserve the right to change our prices by posting a notice to your account and/or to our Website. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.

Ownership of Content

As between you and Moofeed, you own the Content that you generate using the Services to the extent permitted by applicable law.

With respect to images you upload to the Services, you represent and warrant that you own all right, title, and interest in and to such images, including without limitation, all copyrights and rights of publicity contained therein.

Moofeed Intellectual Property

We own the Services, including all the content therein (except for Content provided by users), including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Services excluding Content provided by users, and all intellectual property rights therein. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Services, which are protected by copyright, trade dress, patent, trademark laws, and all other intellectual and proprietary rights and laws. As between you and Moofeed, all data, and analytics relating to your use of the Services (collectively, the “Data”) are owned by Moofeed. You agree that we may use the Data in accordance with our Privacy Policy. Except as expressly authorized by us, you may not reproduce, distribute, modify, display, perform, or otherwise use the Services or any portion thereof. All rights not expressly granted by us under these Terms are reserved.

Termination

We may suspend or terminate your access to the Services, without notice or liability, if you breach any of these Terms. Upon termination of your access to the Services, your right to use the Services will immediately cease.

Disclaimers

The Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

To the fullest extent permitted by law, in no event shall Moofeed or its affiliates, or any of their respective directors, employees, or agents, be liable to you for any indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

• Errors, mistakes, or inaccuracies of content;
• Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services;
• Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
• Any interruption or cessation of transmission to or from the Services;
• Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Services by any third party;
• Any loss of your data or content from the Services;
• Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Moofeed is advised of the possibility of such damages.

Contact Us

If you have any questions or concerns about these Terms, please contact us at support@moofeed.com.