TERMS OF SERVICE

Effective Starting Date: FEBRUARY 7TH, 2020

These Terms of Service are part of the agreement between Fowl Play Entertainment, Inc. (“Fowl Play”, “we”, “us” or “our”) and each visitor or registered user, as the case may be (each, a “user” or “you”) concerning the use of our websites (http://pigeonhitsquad.com and https://thedailygrudge.com) (the “Service”). The other part of the agreement is our Privacy Notice. By using the Service, you agree to be bound by the Terms of Service (“Agreement”), whether or not you are a registered user. This Agreement sets out the legally binding terms for your access and use of the Service.

IMPORTANT NOTICE: THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 11 AND 12.

TABLE OF CONTENTS

You represent that you are at least 18 years old and that your use of the Service will not violate any applicable law or regulation.

2.1.  Fowl Play owns the Service. You acknowledge that you do not acquire any ownership rights by using the Service.

2.2.  All content (including without limitation any pictures, logos, images, text and podcasts) appearing on the Service is our property or the property of our licensors and is protected by copyright law. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means without our written consent.

2.3.  Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included on the Service are our trademarks or trademarks of our licensors (collectively, the “Trademarks”) and are protected by trademark law. Trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits us.

3.1.  By registering for the Service, you acknowledge and agree that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your registration is solely for your personal use, and you shall not authorize others to use your account. You are responsible for maintaining the confidentiality of your password, for all use of your account, and for ensuring that all use of your account complies fully with the provisions of this Agreement.

3.2.  You may terminate your registration at any time, for any reason, by contacting us. We may terminate your registration at any time, for any reasons, effective upon sending notice to you at your registered email address. When your account is terminated, any Submissions you have made will remain, however, your username will be deleted from the post.

    1. 4.1. Submissions. The Service enables you to post comments and other content, such as images or other media files (“Submissions”). You are solely responsible for all Submissions made by your account. You represent and warrant that: (i) you own the Submission or otherwise have the proprietary rights to the Submission, and (ii) your Submission does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to comply with any Submission size and usage limitations.
    2. 4.2. Monitoring. You acknowledge and agree that we have the right, but not the obligation, to monitor and to alter, edit, refuse to post or remove any Submissions that you post, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Submission.
    3. 4.3. Grant of License to Submissions. By posting Submissions to our Service, you automatically grant us a non-exclusive, perpetual, irrevocable, sublicensable, assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, display, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute, perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on our Service and elsewhere. No Submissions shall impose any obligation on us, whether of attribution or otherwise, and we shall not be liable for any use or disclosure of any such Submissions.
    4. 4.4. Acceptable Use Policy. Any conduct that in our sole discretion restricts or inhibits anyone else from using or enjoying the Service will not be permitted.  We reserve the right to investigate and take appropriate action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Submission from the Service and terminating the registration of such a User.
      1. 4.4.1. Restricted content. You agree not to post or otherwise submit to the Service any Submission that:
        1. 4.4.1.1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
        2. 4.4.1.2. harasses or advocates harassment of another person;
        3. 4.4.1.3. is fraudulent, or promotes information that you know is false or misleading,
        4. 4.4.1.4. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
        5. 4.4.1.5. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work, such as by linking to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link;
        6. 4.4.1.6. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
        7. 4.4.1.7. provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone;
        8. 4.4.1.8. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
        9. 4.4.1.9. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
        10. 4.4.1.10. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
        11. 4.4.1.11. uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to a personal profile.
      2. 4.4.2. Other prohibit conduct. You agree to not engage in the following conduct:
        1. 4.4.2.1. transmit “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
        2. 4.4.2.2. collect user names or email addresses by electronic or other means for the purpose of sending unsolicited email.
        3. 4.4.2.3. advertise or solicit any user of the Service to buy or sell any products or services;
        4. 4.4.2.4. cover, obscure or block any advertisements on the Service;
        5. 4.4.2.5. automate the use of the Service, such as by using scripts;
        6. 4.4.2.6. attempt to impersonate another registered user or person who is not a registered user of the Service; use the account, user name, or password of another registered user at any time; disclose your password to any third party or permit any third party to access your account; or sell or otherwise transfer your registration; or
        7. 4.4.2.7. use the Service for any illegal or unauthorized purpose, you agree to comply with all laws, rules, and regulations applicable to your use of the Service;
        8. 4.4.2.8. interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment or interferes with or disrupts the Service, services connected to the Service, or otherwise interferes with operations or services of the Service in any way.
    5. 4.5.  Disclaimer. You understand that by using the Service, you may be exposed to Submissions that are offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Submission, including, but not limited to, any errors or omissions in any Submission, or any loss or damage of any kind incurred as a result of the use of any Submission posted, emailed, transmitted or otherwise made available via the Service.  Further, the opinions expressed in Submissions posted on the Service are not necessarily our opinions. We do not endorse any opinion, advice or statement contained in a Submission. We are not responsible for the conduct, whether online or offline, of any user of the Service.
    6. 4.6. General Practices and Limits.  We may establish general practices and limits concerning use of the Service, e.g., the maximum number of days that Submissions will be retained by the Service, the maximum disk space that will be allotted on our servers on your behalf. We are not responsible or liable for the deletion or failure to store any Submissions. You acknowledge that we have the right to terminate accounts that are inactive for an extended period of time. We reserve the right to modify these general practices and limits from time to time without notice.

In order to provide you with a rich set of features, we may utilize third-party service providers. You agree that we can exchange information with our third-party services providers as necessary to implement such features.

    1. 6.1. We and/or third parties may provide links to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any linked sites from the Service and/or introduce different features or links to different users.
    1. 7.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER FOWL PLAY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SERVICE.
    2. 7.2. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
    1. 8.1. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE FOR (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR ARISING OUT OF YOUR RELIANCE ON CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) OBTAINED THROUGH THE SERVICE OR CAUSED BY THE CONDUCT OF VISITORS TO THE SERVICE; OR (III) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
    2. 8.2. OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING IN CONNECTION WITH USE OF OUR SERVICE IN ANY CIRCUMSTANCE IS LIMITED TO TWENTY DOLLARS ($20.00).
    3. 8.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    1. 9.1. You agree to indemnify, defend and hold us, our affiliates, officers, directors and employees harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Service, (ii) a Submission made by your account, (iii) your violation of any law or the rights of a third party, or (iv) your violation of this Agreement. You agree that under no circumstances will we be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold us harmless for (x) any errors or omissions in any Submission posted by you, or (y) any loss or damage of any kind incurred as a result of the use of any Submission posted by you.
    2. 9.2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.

How we handle your personal information and other information about you is described in our Privacy Notice. By using the Service, you acknowledge that your personal information will be processed in accordance with our Privacy Notice.

    1. 11.1. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our IP agent the following information:
      1. 11.1.1. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      2. 11.1.2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
      3. 11.1.3. Information reasonably sufficient to permit us to contact the complaining party;
      4. 11.1.4. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      5. 11.1.5. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      6. 11.1.6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. 11.2. You may send your DMCA notice to the contact details in the Contact Us section below, with “Attention: Copyright Agent”.

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of law principles.

    1. 13.1. You agree that these Terms of Service affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
    2. 13.2. In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service, Fowl Play or you must give the other party notice of the dispute, claim, or controversy.  The notice will include a brief written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Fowl Play by email AND by U.S. Mail to the contact details in the Contact Us section below. To the extent that Fowl Play has your contact information, it will send any such notice to you through your email address.
    3. 13.3. The parties will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. The parties shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Service.
    4. 13.4. If the dispute is unresolved through informal discussions within thirty (30) days of receipt of notice, it shall be resolved by binding arbitration to be held in New York, New York.  Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Service shall not be subject to arbitration.  For residents outside the United States, arbitration shall be initiated in New York, New York, and the parties agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
    5. 13.5. The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org.
    6. 13.6. The party requesting binding arbitration shall be responsible for any arbitration filing fees.  The parties are responsible for their own costs incurred in the arbitration. The decision of the arbitrator will be in writing and binding and conclusive on the parties, and judgment to enforce the decision may be entered by any court of competent jurisdiction. The parties agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. The parties understand that, absent this mandatory arbitration provision, Fowl Play and you would have the right to sue in court and have a jury trial. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
    7. 13.7. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, the parties agree to waive, to the fullest extent allowed by law, any trial by jury.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree this Agreement may be automatically assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

We may change this Agreement. If we make any changes, we will notify you by revising the “Effective Starting” date at the top of this Agreement and, in some cases, where appropriate we may provide you with additional notice (such as adding a statement to the login screen or sending you an email notification). We encourage you to review this Agreement whenever you use our Services. Your continued use of the Service after any changes to this Agreement will constitute your acceptance of such modification. If you disagree with any changes to this Agreement, you will need to stop using our Services.

If you have any questions or concerns regarding the Service, or to report a violation of this Agreement, please contact us at

Fowl Play Entertainment, Inc.

119 W. 72nd Street, Suite 262

New York, NY 10023

Email – info@fowlplayentertainment.com

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