Terms and Conditions

Terms and Conditions for the Use of the ROCKETFEED Internet platform 

(Version 1. 0, valid from 08 May 2012)

These Terms and Conditions for the use of ROCKETFEED (“GTC”) govern the contractual relationship between Blitzhirn GmbH, Zwinglistrasse 43, CH-8004 Zürich (“OPERATOR”) and the participants registered on ROCKETFEED (“USERS”). 

1. Introduction

1. The OPERATOR operates an Internet platform (“ROCKETFEED”) under various top-level domains (rocketfeed.com, rocketfeed.ch, rocketfeed.net, among others) as well as sub-domains and aliases of these top-level domains.

2. ROCKETFEED offers the possibility to aggregate, organize, manage and optimize, among others, rss feeds, blogs, social network content etc. by aggregating and organizing links, information, or any other material shared on third party websites into an easy to read portal-style format which might also, in the future, be accessed via API or mobile applications. It assists USERS in importing, collecting and publishing links, information or other material to social network services such as Twitter and Facebook and provides for various mashup and other services into existing user driven platforms (“SERVICES”).

3. Participation is open to private persons and business customers (individual proprietorship, legal entities and other organisations under private, or public law). 

4. The USER may register with ROCKETFEED via a third party single-sign-on service (e.g. «Facebook Connect», «Sign in with Twitter» etc.; “SSO-SERVICE”) or by registering directly on ROCKETFEED. In the case of sign-up via SSO-Service, the conclusion of contract, which is subject to the GTC, is deemed to become effective upon the USER accepting the respective SSO-Service API-Clickbox and, in the case of direct registration with clicking the sign-up button (e.g. “Launch Rocket”). 

5. Subject to the terms of the GTC, the OPERATOR grants to the USER a limited right to use the SER-VICES, for personal, non-commercial use (“LICENCE”). 

6. The OPERATOR may offer different types of accounts for different types of USERS and reserves the right to charge subscription fees even for services which are currently provided free of charge.

7. “ROCKETFEED” and the ROCKETFEED logo are registered national and international word and figurative trademarks of the OPERATOR. The design of ROCKETFEED is protected under the appli-cable design protection provisions. 

8. Every USER is entitled to notify the OPERATOR of any breaches by other USERS of the GTC, the Privacy Policy (“PP”) and/or legal provisions. This notification must be supported by tangible sub-stantiation. The OPERATOR is entitled to draw the attention of the authorities or third parties to any material breach.

9. Where applicable, for purposes of linguistic simplification, the grammatical masculine gender is used neutrally in these GTC and the PP to represent both masculine and feminine genders. 

 

2. Obligations of the USER

1. The USER is responsible for ensuring that the data given on registration and the content and in-formation provided by himself are correct and not in breach of legal regulations, common decency or the GTC or are improper in any way, and that the publication thereof is not unacceptable to the OPERATOR for any other reason. 

2. As a preliminary step to using the SERVICES, a USER is required to supply the OPERATOR with certain registration information, including registration information for third party services, e.g. social networks, accessed through the SERVICES. 

3. When registering, the USER must provide accurate and complete information. 

4. The OPERATOR reserves the right to refuse registration, or limit, restrict or cancel the USER’s access rights or LICENCE in its discretion. 

5. If requested to do so, the OPERATOR shall be authorized to disclose a USER’s personally identifiable information to any national governmental agency or in response to any judicial process.

6. By connecting to ROCKETFEED via a third party single-sign-on service (e.g. «Facebook Connect», «Sign in with Twitter» etc.) a USER gives the OPERATOR the permission to access and use the in-formation provided by such service and to store the USER’s login credentials for that service, as provided for by the terms and conditions of such service.

7. User accounts are accessed independently by way of a unique login. Access entitlements for a User account are not to be transferred to any third person or entity. The USER must ensure that their user names and passwords are protected from misuse by unauthorized persons.

8. The USER is obliged to reveal to the OPERATOR on request the identity of any person with access to his user account. In the case of business customers, the individuals using the user account of a USER act in the name of such USER. 

9. Before being permitted access to ROCKETFEED, a USER shall expressly acknowledge and accept the GTC and by doing so agree to adhere exclusively to the provisions as stipulated in the GTC. 

10. The OPERATOR is entitled to remove content from ROCKETFEED and delete it, without the need to give reasons. This shall not give rise to any entitlement of the USER to any kind of claim or refund.

 

3. Third Party Services

1. ROCKETFEED aggregates content originated by third party services, including their users, or the USER, and may contain links to third-party websites or resources. 

2. The OPERATOR cannot take responsibility for such content and does not carry out active or sys-tematic checks or monitoring. Any use or reliance on any content or materials posted, submitted or displayed on or through the SERVICES shall be under the USER’s responsibility and at the USER’s own risk.

3. Third party services are not within the supervision or control of the OPERATOR. The SERVICES may contain or direct a USER to third party services containing or displaying content that some people may find offensive or inappropriate. Unless explicitly otherwise provided, the OPERATOR makes no representations or warranties whatsoever about any third party service, or endorse the content, products or services offered through such third party service.

4. By using ROCKETFEED, the USER acknowledges and agrees that the OPERATOR is not responsible or liable for any third party services, content, product or services, or third-party resources, and/or the functionality of third party services. The OPERATOR makes no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.

5. The USER irrevocably waives any claims against ROCKETFEED and/or the OPERATOR with respect to third party websites, content, services, applications or widgets. The USER acknowledges complying with the terms and conditions applicable to such third party services.

 

4. Intellectual Property and other Rights

1. All rights, title, and interest, including without limitation all intellectual property rights, in and to ROCKETFEED and affiliated websites operated by the OPERATOR are and will remain the exclusive property of the OPERATOR. 

2. The SERVICES are protected by copyright, trademark, and other laws of both Switzerland and foreign countries. The GTC and the use of the SERVICES do not grant a license or the authorization to use the name of ROCKETFEED, of the OPERATOR or any of OPERATOR’s trademarks, logos or domain names.

3. All other trademarks mentioned in ROCKETFEED or the SERVICES are the property of their respective owners. 

4. Portions, features and/or functionality of ROCKETFEED may be protected under OPERATOR’s patent applications or patents.

5. As part of the SERVICES, the OPERATOR stores all USER generated content (feeds, tags, classifica-tions etc.) in a database which, inter alia, supports, on an anonymous basis, the generation of suggestions to other USERS and the establishment of limited USER profiling for the use by OPERATOR in selling targeted advertisement services to third parties or to promote ROCKETFEED or its functionalities within ROCKETFEED itself or elsewhere. Also, some of the content of the USER may be cached by the OPERATOR in order to optimize the use of ROCKETFEED. The USER expressly agrees to this collection of data and provides the OPERATOR with an indefinite and unrestricted right to use it within the purpose stated in this clause.

6. The USER agrees that the OPERATOR, from time to time and at its own discretion, displays a certain amount of commercial advertisements distributed within the content aggregated by the USER on ROCKETFEED and accepts that, based on the information provided by the USER such advertisement is reasonably targeted to his assumed preferences.

7. Without the prior express written consent of the OPERATOR, the reproduction, transfer, modification and/or linking of information, elements and content of ROCKETFEED for public and/or commercial purposes, in any form, is expressly prohibited.

8. The USER agrees not to decipher, decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the SERVICES.

9. The USER agrees not to use any part of the SERVICES to violate the security of any computer network, crack passwords or security encryption codes, to obtain password, account, or private information from any ROCKETFEED user and not to run maillist, listserv, any form of auto-responder, or spam on ROCKETFEED or through or in communication with the SERVICES.

10. In order to guarantee that the content accessible through the SERVICES is secure and lawful, the USER represents, warrants and agrees that he will not contribute any content, comments, feedback that: (1) infringes, violates or otherwise interferes with any copyright or trademark of another party, or any intellectual property; (2) is defamatory, obscene, pornographic, threatening, harassing, hateful, discriminatory, racially or ethnically objectionable, or otherwise violates any law or right of any third party; (3) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, or expropriate any system, data or information.

 

5. Services

1. The OPERATOR may change, suspend or terminate all or any aspect of the SERVICES for any reason or no reason, at any time, including the availability of any feature or application of the SERVICES, content or any third party service, and may not be able to provide you with prior notice. The OPERATOR also retains the right to create limits on use and storage or restrict the access to parts or all of the SERVICES without prior notice to USERS or any liability.

2. The OPERATOR uses reasonable efforts to ensure that the SERVICES are continuously available. However, there will be occasions when the SERVICES will be interrupted for maintenance, upgrades and repairs. Furthermore, the OPERATOR has no control over the availability of any third party service. The OPERATOR will not be liable to the USERS or any other party for any suspension, modification discontinuance or lack of availability of the SERVICES, the USER’s content, other content or any third party services.

3. The OPERATOR has no fiduciary duty to the USER. In particular, the OPERATOR has no duty to take any action to control or otherwise supervise which USERS gain access to and cannot guarantee the identity of any other USER with whom a USER may interact in the course of using the SERVICES or the authenticity of data provided by other USERS. The OPERATOR cannot be held liable and assumes no responsibility for any use or interpretation of the content by a USER, for any effect the content may have on a USER, or for any action a USER may take as a result of having been exposed to the content.

4. Subject to compliance with the PP, the OPERATOR may delegate the provision of the SERVICES to third parties.

 

6. Indemnity and Liability

1. To the extent permitted by applicable law, a USER agrees to defend, indemnify and hold harmless the OPERATOR, its directors, officers, employees, agents, and representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including costs and at-torneys' fees, arising from any claim or demand made by any third party due to or arising out of: (1) the USER’s access to or use of the SERVICES; (2) the USER’s violation of the terms of the GTC; (3) the USER’s infringement, or the infringement by any third party using the USER’s registration information, of any third party right, including without limitation any copyright, property; (4) any claim that the USER’s use of the SERVICES caused damage to a third party.

2. The liability of the OPERATOR, its directors, officers, employees, agents, and representatives, for direct or indirect losses or damages, in particular unauthorised actions and the breach of contractual obligations is excluded insofar as this is legally permissible.

3. This indemnification and liability limitation provision will survive the GTC and the USER’s termination to use the SERVICES.

 

7. Data Protection and Data Security

1. If applicable at all, the use of ROCKETFEED by the USERS is covered by the PP, which is published and kept current on ROCKETFEED and may be viewed at any time.

2. As provided for by article 6 (2) (b) of the Swiss Federal Data Protection Act, by accepting the GTC a USER expressly declares that he agrees to data being disclosed abroad in accordance with the normal usage of ROCKETFEED, regardless of the presence, or lack thereof, of relevant legislation in a particular country ensuring reasonable protection.

3. The PP, latest version, forms an integral part of the GTC.

 

8. Termination and No Waiver Clause

1. Either party may terminate, for the OPERATOR the provision respectively, for the USER, the use of the SERVICES at any time. A termination of the use of the SERVICES constitutes a termination of the LICENCE. 

2. The OPERATOR may also terminate the LICENCE or suspend or limit the USER’s access to the SERVICES, without prior notice or liability, if a USER breaches any of the terms or conditions of the GTC. 

3. Upon any such termination, the LICENCE and the USER’s right to access ROCKETFEED or any of his content will cease with immediate effect and, upon re-registration of a USER or re-establishment of his login credentials, the OPERATOR is not obliged to provide access to previous data of the USER. 

4. All provisions of GTC which by their nature should survive termination shall survive the termination of the LICENCE, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.

5. No waiver of any term of the GTC shall be deemed a further or continuous waiver of such term or any other term, and the OPERATOR’s failure to assert any right or provision under the GTC shall not constitute a waiver of such right or provision.

 

9. Changes to the GTC and/or PP

1. The OPERATOR reserves the right to change the GTC and/or PP at any time. The most current version of the GTC and of the PP will be published on ROCKETFEED.

2. Significant changes to the GTC and/or to the PP will be notified to the USER by e-mail or by a system notification on ROCKETFEED, together with a request either to accept the changed GTC and/or PP with effect on future practice, or to decline them and, by consequence, to cease the access to ROCKETFEED until acceptance of the changed GTC and/or PP. 

 

10. Law and Jurisdiction 

1. The GTC and any legal action by the USER related to the use of ROCKETFEED shall be governed by and construed in accordance with the laws of Switzerland.

2. All disputes and claims arising from, or in connection with, the contractual relationship between the OPERATOR and the USER, or between USERS, including its validity, breach or termination, shall be decided by the ordinary courts.

3. In accordance with article 213 of the Swiss Federal Act on Civil Procedure, the required reconciliation procedure in any disputes arising out of or in connection with these GTC and/or the use of ROCKETFEED shall be replaced by an earnest mediation attempt in accordance with the Mediation Rules of the Swiss Chamber of Commercial Mediation.

4. Unless law provides for an overriding compulsory legal venue, exclusive venue shall be Zurich 1, Switzerland.

14. 05. 2012 / v1