Agreement to Terms
The information provided on Foxteller is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access Foxteller from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Intellectual Property Rights
Unless otherwise indicated, Foxteller is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on Foxteller (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”), with the exception of the users’ contributions, are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on Foxteller “AS IS” for your information and personal use only.
Provided that you are eligible to use Foxteller, you are granted a limited license to access and use Foxteller and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to Foxteller, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Foxteller (or any portion thereof).
You may be required to register with Foxteller. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use Foxteller for any purpose other than that for which we make Foxteller available. Foxteller may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of Foxteller, you agree not to:
Systematically retrieve data or other content from Foxteller to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of Foxteller, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on Foxteller.
Circumvent, disable, or otherwise interfere with security-related features of Foxteller, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Foxteller and/or the Content contained therein.
Engage in unauthorized framing of or linking to Foxteller.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on Foxteller or the networks or services connected to Foxteller.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from Foxteller in order to harass, abuse, or harm another person.
Use Foxteller as part of any effort to compete with us or otherwise use Foxteller and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Foxteller.
Attempt to bypass any measures of Foxteller designed to prevent or restrict access to Foxteller, or any portion of Foxteller.
Harass, intentionally provoke, intimidate, or threaten any of our employees or agents engaged in providing any portion of Foxteller to you.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of Foxteller or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Foxteller.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Foxteller, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or Foxteller.
Use Foxteller in a manner inconsistent with any applicable laws or regulations.
User Generated Contributions
Foxteller may invite you to discuss, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on Foxteller, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of Foxteller and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential.
Any Content posted by our Content Creators (Authors, Translators, Artists, etc) is exempt from the above stipulations and remain proprietary to their respective Content Creators.
Foxteller reserves the right to display, promote, advertise, translate and distribute any user Contributions and creative content posted by our Content Creators.
When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading. Historical fiction and historical settings can be posted, so long as they do not attempt to rewrite historical facts in a light that violates the current Terms of Service. Minor mistakes and/or inaccuracies are acceptable and do not constitute breaking of this provision.
- Your Contributions are not unsolicited or unauthorized advertising, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Forms of parody and/or caricature that do not break the above provisions and/or cannot be used to identify and track private persons are acceptable within the limits of one’s right of expression.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule in your country or target audience country.
- Your Contributions do not violate the privacy or right of intimacy of others
- Your Contributions do not infringe publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual orientation, or physical handicap.
In the event that a Content Creator would like to have their content removed, or if there are any proprietary claims involved, Foxteller will make all reasonable efforts to have them resolved within a 90 day grace period. Until such time the creative content in question might continue being displayed at no fault of Foxteller.
By posting your Contributions on Foxteller or making Contributions accessible to Foxteller by linking your account from Foxteller to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on Foxteller. You are solely responsible for your Contributions to Foxteller and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on Foxteller; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Access to the Service, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable.
Prices and Authorization
Foxteller reserves the right to determine pricing for the Service. Foxteller may change the fees for any of its services, including additional fees or charges. Foxteller will make reasonable efforts to keep pricing information published on the website up to date. We may, in our sole and absolute discretion, make promotional offers with any features and different pricing to any of Foxteller’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Foxteller will charge the payment method you specify at the time of purchase. You authorize Foxteller to charge to that payment method all sums for orders that you make and any services you select as described in these Terms or published by Foxteller. If you pay any fees with a credit card, Foxteller may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Payment processing services are provided by the third-party service through which the purchase is made (e.g., Apple In-App Purchases, Google Play, PayPal).
Subscriptions, Auto-Renewals and Refunds
Foxteller may allow you to subscribe to a plan (“Subscription Plan”) for which you will be periodically billed the amounts indicated to you at the time of your subscription, which may be updated at any time by Foxteller, on a forward-going basis, upon notice to you (the “Subscription Fee”). When you subscribe to a Subscription Plan, the Subscription Plan will be billed on a periodic basis. You hereby authorize Foxteller to charge you on a going-forward basis and until cancellation of either the Subscription Plan or your account. The “Subscription Billing Date” is the day of the month when you sign up to your Subscription Plan. Your account will be charged automatically on the Subscription Billing Date, along with all applicable fees and taxes for the next subscription period.
By purchasing a Subscription Plan, you agree that your Subscription Plan will automatically renew for successive periods, as indicated in subscription description and service Terms, unless you cancel your Subscription Plan or account, as further described below.
You may cancel your Subscription Plan at any time, in which case your Subscription Plan will expire at the end of that Subscription period. In which case your Subscription Plan will no longer be renewed or charged for.
You must cancel your Subscription Plan before it renews in order to avoid billing of the next periodic Subscription Fee to your account. If you cancel your Subscription Plan within the first three (3) days after you initially sign up for your Subscription Plan, then we will provide you with a full refund of the Subscription Fee, but your subscription will expire immediately after that 3-day period ends. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
We reserve the right to suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
Some Contributions may be eligible for receiving a part of Foxteller proceedings from our advertisement revenue, subscription services, content unlocks and/or donation services offered via Foxteller.
For ad revenue such a share of proceedings shall be calculated on a Tier basis, until completion, updated monthly:
- Tier 0, 0% net revenue, no releases a month, or < 20k views monthly, Disappeared without notification,
- Tier 1, 30% net revenue, 1+ release a month, or 20 - 40k views monthly, Notified about temporary leave (Max non-activity 90 days, otherwise T0).
- Tier 2, 50% net revenue, 2+ releases a month, or 40 - 80k views monthly. This is the default Tier for completed Contributions.
- Tier 3, 70% net revenue, 4+ releases a month, or 80 - 250k views monthly.
- Tier 4, 85% net revenue, 8+ releases a month, or 250 - 500k views monthly.
- Tier 5, 100% net revenue, 14+ releases a month, or > 500k views monthly.
A release is defined as having between 1000-2000 words at the minimum. Cutting of releases in a manner that would affect reading experience is prohibited and will result in an automatic Tier 0 designation or might be edited such as to reunite the parts. Releases significantly larger than the described minimum might be treated as multiple releases, and/or divided, depending on their length, up to a maximum of 4.
A share of proceedings from Foxteller subscription services might be provided if the Contribution unlockable content has been accessed by one or more of our Subscribers.
This share shall be calculated on a case-by-case basis depending on the amount of such content accessed.
All proceedings from content unlocks and donation services, minus a x% foxteller share if one applies, offered via Foxteller shall belong to the corresponding Contributor they were made towards.
Review Policies and Guidelines
We may provide you areas on Foxteller to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person or content being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, ideologies, political affiliations, or disability; (4) your reviews should not contain references to illegal activity in your home country and/or as per Netherland laws; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; and (7) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to offer edits, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Foxteller does not endorse, associate with, subscribe to, or support any reviews or rankings unless otherwise stated. Users are the sole party responsible for any fact checks in case of any potentially false or misleading statements that might be involved.
Depending on the severity of the violation the sanctions may vary from:
- a reminder,
- a temporary suspension of access to Foxteller, for any attempt that might harm Foxteller in any way or manner,
- A temporary user account suspension, if such an account is found to be related to a repeat violation as stated above,
- A permanent user account suspension and/or permanent ban in case of repeat offenders, or particularly severe cases.
Additional sanctions may be imposed at any time on a case-by-case basis and Foxteller reserves the right to, at our sole discretion, to expand and alter the Policing Procedures at any time.
Any issues and violations beyond the scope of these Terms of Service found to be breaking the law in our respective jurisdictions shall be referred to law enforcement agencies specified by Foxteller.
Mobile Application License
Apple and Android Devices
As part of the functionality of Foxteller, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through Foxteller; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through Foxteller via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on Foxteller. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through Foxteller. You will have the ability to disable the connection between your account on Foxteller and your Third-Party Accounts at any time.
Please note that your relationship with third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use Foxteller. You can deactivate the connection between Foxteller and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Foxteller ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-party Websites and Content
We allow advertisers to display their advertisements and other information in certain areas of Foxteller, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on Foxteller and any services provided on Foxteller or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on Foxteller, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Foxteller will make all reasonable efforts to have any violations or infringements discussed and/or resolved amiably within a 90 day grace period, following which an escalation to authorities might occur. Nonetheless, Foxteller reserves the right to act immediately as and when necessary.
There may be information on Foxteller that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Foxteller at any time, without prior notice.
Foxteller is provided on an as-is and as-available basis. You agree that your use of Foxteller and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with Foxteller and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of Foxteller’s content or the content of any websites linked to Foxteller and we will assume no liability or responsibility for any (1) Errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Foxteller, (3) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) Any interruption or cessation of transmission to or from Forteller, (5) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through Foxteller by any third-party, and/or (6) Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via Foxteller. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Foxteller, any hyperlinked website, or any website or mobile application features in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers or products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of Foxteller, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us or $50 USD. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
The data is kept confidential to the end of each month plus 10 days, after which it is anonymized and stripped off any identifiable factors.
E-communications, Transactions, and Signatures
Visiting Foxteller, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on Foxteller, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or compelled by us or via Foxteller.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Foxteller reserves the right to add to these Terms of Service on a per needed basis, such as in a case of frequent abuses, recurrent comportments, policy changes, etc...
In order to resolve a complaint regarding Foxteller or to receive further information regarding use of Foxteller, please contact us at:
Email: [email protected]