THESE TERMS CONTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY
December 2022 Update
There are some routine, standard language updates to reflect current legal best practices and our HQ relocation to North Carolina. In addition, however, the following changes are particularly noteworthy:
- Outlining what content, under acceptable use, will cause your FeedBlitz account to be permanently terminated.
- FeedBlitz makes no guarantees regarding the effects of its service on your business.
- Noting responsibilities regarding loss and translation of content.
- Clarity regarding FeedBlitz’s position on minors and their information.
In brief, unless you have a separate written contract with us, here is what all this legalese amounts to:
- There are no guarantees.
- You are responsible for your own content, and its compliance with applicable law.
- FeedBlitz is not liable for damages, including (but not limited to) those arising from any use, abuse, misuse or non-performance of the FeedBlitz service or the information provided by third party publishers.
- FeedBlitz is not liable for third party content redistributed using FeedBlitz.
- These terms of service can change at any time; if you continue to use the service you have implicitly agreed to the changes.
- Your FeedBlitz account may be terminated by FeedBlitz at any time for any reason and for no reason.
- You may cancel your use of our services at any time.
- Any refunds other than for fraud, or billing errors, are at FeedBlitz’s sole discretion.
- FeedBlitz may insert advertising depending on current program policies and your level of participation.
- FeedBlitz may require upgrades or payment depending on prevailing policies.
- FeedBlitz may suspend mailings on your behalf after any grace period expires or for suspected abuse.
The TOS also details the terms of our ad network, and how to contact us if you wish to make a DMCA copyright claim.
That’s the summary, but the legal part is below. This is the contract you agree to by using FeedBlitz. So this is the part that actually matters:
TERMS OF SERVICE – FULL TEXT
FeedBlitz LLC (“FeedBlitz”) provides email marketing or RSS feed services (the “Service”) to users who publish content and create and send email newsletters (“Content”) using FeedBlitz’s proprietary software (the “Software”). The Service is accessible to you at feedblitz.com and any associated subdomains (the “Website”). Any party using the Service, the Software and/or the Website including any employees, independent contractors or representatives, will be referred to as the “Publisher” or “You” for the purpose of these terms of service (“TOS”). By using any or all of the Service, Software and/or the Website or by signing up for an account on the Website or at any partner site (the “Account”), the Publisher accepts and agrees to be bound by the TOS. Any Account that requires payment is considered a Premium Account. FeedBlitz reserves the right to modify the TOS at any time without notice. By continuing to use the Service, Software or Website, the Publisher agrees to be bound to such modifications. If You do not agree to the TOS, You may not use the Website, Software or the Service.
Access. Access to certain areas of the Website or Service may be restricted. FeedBlitz reserves the right to restrict areas of the Website at its sole discretion. Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create an Account. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene.
Warranties and Representations. The Publisher warrants and represents that You are at least eighteen (18) years of age and are competent to enter into contractual agreements on behalf of Yourself or the entity that You represent and that You have the full right, title and authority to enter into these TOS and grant the rights granted herein and perform the obligations herein. You further warrant and represent that entering into the TOS will not conflict with any other agreement You are subject to. The Publisher further warrants and represents that You have supplied true and correct contact information, including name, company name, mailing address and billing information, including a valid payment source, where applicable. By using the Service, Software and/or the Website, You warrant and represent that You will not use the Website, Software and/or the Service in any way that violates any laws or regulations. The Publisher is responsible for determining whether the Service, Software and/or the Website is appropriate for the Content.
Term and Termination. The TOS applies when use the You sign up for an Account (either through a free trial, detailed below, or a paid subscription for a Premium Account) and/or use the Software, Service or any part of the Website, and continues so long as maintain an Account and/or You use the Service, Software and/or the Website. FeedBlitz, in its sole discretion, may terminate the Account (or any part thereof) or Your use of the Service, Software and/or Website and remove and discard any Content, for any reason or for no reason, at any time. FeedBlitz may also, in its sole discretion, for any reason or no reason, and at any time, discontinue or suspend the Publisher’s access to the Service, Software and/or Website, or any part thereof, with or without notice. FeedBlitz is not required to provide any notice to the Publisher of termination or suspension of Your Content or access to the Service, Software, Account, and/or Website. In exercising its rights under this provision, FeedBlitz may, in its sole discretion, deactivate, delete or limit your access to the Account and any corresponding information and files. FeedBlitz shall not be liable to the Publisher or any third-party for termination or suspension of an Account or Service.
Ownership of Account. The party whose name appears in the Account details will be the owner of the Account. Should a dispute arise as to the ownership of an Account, absent a Court Order directing otherwise, FeedBlitz will look solely to the details provided in the Account. FeedBlitz will not arbitrate any disputes about Account ownership. Should multiple parties claim ownership over an Account, and the Account details contain any ambiguity, the parties must independently negotiate a resolution. Should a dispute over ownership of an Account arise, FeedBlitz reserves the right to suspend or terminate that Account pending resolution of such dispute.
Confidentiality. You are responsible for the confidentiality of your username and password. If, at any time, You learn that your personal information has been compromised, You must immediately notify FeedBlitz. FeedBlitz is not responsible for any losses You incur due to a lost, stolen, or hacked password however, You may be liable to FeedBlitz or other third parties for any losses incurred due to such unauthorized use. FeedBlitz does not have access to your password and can only trigger a password reset.
Modifications. FeedBlitz reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Service, Software and/or Website (or any part thereof) with or without notice. You agree that FeedBlitz shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service, Software and/or Website.
Payment. Payment for the Service takes place automatically on a monthly or annual basis. Payment occurs on the date closest to the date you originally signed up for the Service. FeedBlitz will automatically charge the payment source on file in the Account (“Payment Source”) according to the pricing schedule found on the Website. If the Payment Source is invalid, FeedBlitz reserves the right to cancel the Account pending payment or to grant the Publisher a grace period to provide a valid Payment Source. During the grace period, the length of which is at FeedBlitz’s sole discretion, FeedBlitz may place ads in the Content on which the Publisher will have no right to any revenue generated. FeedBlitz also reserves the right to place ads in Content from any accounts created prior to January 1, 2009, unless FeedBlitz requires such an account to upgrade to Premium.
You represent and warrant that (i) any credit information You supply is true and complete, (ii) charges incurred by you will be honored by Your bank or credit card company, (iii) You will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if Your initial payment method is dishonored, You will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Failure to pay may result in temporary or permanent suspension of the Services. In the event that FeedBlitz incurs legal fees, costs, or disbursements in an effort to collect its invoices, in addition to interest on the unpaid balance, You agree to reimburse FeedBlitz for all such expenses.
Refunds and Cancellation. A Publisher can cancel the Service at any time through the link found in the Account section of the Website or by emailing FeedBlitz support. Refunds are within FeedBlitz’s sole discretion. FeedBlitz does not offer pro rata refunds to cancel a Premium Account Service.
Premium Features and Upgrades. From time to time, FeedBlitz may introduce new features and upgrades to the Service that may require payment for Publishers to use. FeedBlitz will notify Publishers of such changes through the e-mail address noted in the Account details. Publishers will be billed after any applicable trial or evaluation period.
Free Trial. Upon initial sign-up for the Service, Publishers may be eligible for up to a 30-day free trial. It is within FeedBlitz’s sole discretion to determine whether a Publisher is eligible for a free trial and the corresponding length of that trial. At the end of the free trial, FeedBlitz will bill the Payment Source and the account will be converted to a Premium Account.
Ownership of Website, FeedBlitz Content, Service and Software. FeedBlitz is the sole owner of the Website, Service and Software and all content that appears on the Website, in the Service and through the Software (“FeedBlitz Content”). You may use the Software and FeedBlitz Content solely in conjunction with the Service and consistent with the TOS. You may not modify, resell, redistribute, reverse engineer or otherwise manipulate the Website, Software, FeedBlitz Content and/or Service. Except as expressly provided for in this Section, no other rights, title or interest in the Website, Software, Service and/or FeedBlitz Content is provided hereunder.
FeedBlitz’s Intellectual Property. Certain of the names, logos, and other materials displayed in the Service, Software, Website and the FeedBlitz Content constitute FeedBlitz’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“FeedBlitz IP”). You are not authorized to use any FeedBlitz IP without FeedBlitz’s express consent. Ownership of FeedBlitz IP remains with FeedBlitz and You agree not to make any claims or assertions of any other party’s ownership of FeedBlitz IP.
Publisher’s Intellectual Property. You represent and warrant that you own or have permission to use all of the material in the Content you make available using the Service. Any violation of any third party’s rights, including, but not limited to, privacy rights, patents, trademarks, service marks, trade secrets and copyright, will result in removal of the infringing Content and termination of the Publisher’s participation of the Service. You grant FeedBlitz a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any Content you contribute to the Website or Service for the purpose of providing the Service. This clause does not transfer ownership of the Content to FeedBlitz, but provides a limited license so that FeedBlitz may perform the Services.
Copyright Infringement. If you are a copyright owner and you believe that a Publisher has infringed upon your copyrights while using the Service, you may submit a notification to FeedBlitz pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing a written statement to our Copyright Agent at email@example.com pursuant to 17 U.S.C. § 512(c)(3) that includes:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.(ii) Identification of the copyrighted 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.
(iii) 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 the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) 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.
(vi) 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.
If the notification does not include all of the above listed requirements, it may not be valid.
If You believe the Content at issue in any DMCA notice does not infringe or You have authorization from the copyright owner, You may file a counter-notice with FeedBlitz’s Copyright Agent pursuant to 17 U.S.C. § 512(g)(3) that includes:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.(iii) A statement under penalty of perjury that You had a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court in the Western District of North Carolina and a statement that You will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If FeedBlitz’s Copyright Agent receives a Counter-Notice, FeedBlitz will use its discretion as to whether it will send the counter-notice to the party who sent the DMCA. If the party who sent the DMCA does not respond or file an action seeking a court order, FeedBlitz may replace any removed Content within 14 business days of receipt of the counter-notice.
Acceptable Use Policy.
Publishers agree they will not utilize the Service, Website, Software or FeedBlitz Content to offer illegal goods or services or to send emails that constitute spam or that violate the CAN-SPAM Act, the EU Opt-in Directive, Canada’s Anti-Spam Regulation or any other country’s applicable SPAM rules and regulations or any other applicable law. Publishers may not provide any misleading or false information in any Content. The following types of Content are also not permitted and may be deleted or result in a termination of Your Account/Services:
- harassment or discrimination directed toward any third party including but not limited to advocating for physical harm or violence, doxxing, swatting, fraud, or stalking,
- hate speech;
- defamatory statements;
- references to illegal acts; or,
- violating the legal rights of a third party.
FeedBlitz’s sole discretion will be used to determine if Content is in violation of this policy. Any Content in violation may be promptly deleted and no further explanation will be due to You.
Your Content, including, but not limited to text, images, audio material, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or FeedBlitz or a third party. FeedBlitz takes no responsibility and assumes no liability for any Content created by you or any third party.
Notwithstanding FeedBlitz’s rights under the TOS, FeedBlitz does not undertake to monitor the submission of all Content to, or the publication of such Content through the Software, Service and/or Website. FeedBlitz and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful Content posted by others nor does it assume responsibility or liability that may arise from any Content posted in the Service or on the Website, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.
You must not use the Website, Service, Software and/or FeedBlitz Content in a way that causes, or may cause, damage to or impairs the availability or access to the Website, Service, FeedBlitz Content or Software. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, Service, FeedBlitz Content or Software. You must not use the Website, Service, FeedBlitz Content or Software to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website, Service, FeedBlitz Content or Software without FeedBlitz’s express written permission.
ADVERTISEMENTS AND OPTIONAL ADVERTISING PROGRAM
Eligibility. Certain Publishers who have Premium Accounts may opt in to FeedBlitz’s advertising program (“Ad Program”). It is within FeedBlitz’s sole discretion who may join the Ad Program and FeedBlitz reserves the right to refuse participation or terminate any Account or participant in the Ad Program at any time for any reason in FeedBlitz’s sole discretion. Participation in the Ad Program is subject to your compliance with the TOS. Any termination of Your enrollment in the Ad Program may result in Your forfeiture of any outstanding account balances.
Any Publisher may insert their own advertisements in their Content. FeedBlitz is not responsible for any advertisements inserted by a Publisher.
Ad Program Features. FeedBlitz will insert ads into Content for Publishers who choose to join the Ad Program. FeedBlitz has sole discretion in choosing the ads that will appear in a Publisher’s Content.
Ad Program Payments. Publishers who elect to join the Ad Program will receive 75% of the net profit from the insertion of the ads, as determined by FeedBlitz. Amount of payments are solely within FeedBlitz’s discretion. Unless otherwise agreed to by FeedBlitz and the Publisher in writing, FeedBlitz shall send payments to You approximately forty-five (45) days after the end of each calendar month that advertisement have run, if Your earned balance is $25 USD or more. In the event You wish to terminate Your participation in the Ad Program, FeedBlitz shall pay Your earned balance to You within approximately forty-five (45) days after the end of the calendar month in which you terminate. In no event, shall FeedBlitz make payments for any earned balance less than $10 USD.
To ensure proper payment, You are solely responsible for providing and maintaining accurate contact, payment and tax information associated with the Account. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number. For non-U.S. taxpayers, this information includes without limitation either a signed certification that the taxpayer does not have U.S. Activities or a fully-completed Form W-8 or other form, which may require a valid U.S. tax identification number, as required by the U.S. tax authorities. FeedBlitz reserves the right to deduct any bank fees related to failed payments from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in the Ad Program.
Ad Program Payments, Exclusions. Notwithstanding the foregoing, FeedBlitz shall not be liable for any payment based on: (a) any amounts which result from invalid clicks or impressions generated by any person, bot, automated program or similar device, as reasonably determined by FeedBlitz, including without limitation through any clicks or impressions (i) originating from Your IP addresses or computers under Your control or (ii) solicited by payment of money, false representation, or request for end users to click or view on advertisements; (b) ads benefiting charitable organizations and other placeholder, house or transparent advertisements that FeedBlitz may deliver; (c) FeedBlitz advertisements for its own products and/or services; (d) clicks co-mingled with a significant number of invalid clicks described in (a) above, or (e) as a result of any breach of the TOS by You.
FeedBlitz reserves the right to withhold payment or charge back Your Account for (1) any breach of these conditions by You, pending FeedBlitz’s reasonable investigation or (2) in the event that an advertiser defaults on payment for any advertisements placed by FeedBlitz in your Content. In addition, if Your Account is past due, FeedBlitz reserves the right to withhold Ad Program payments until You have made all outstanding payments due to FeedBlitz. FeedBlitz reserves the right to utilize Ad Program payments to offset amounts owed by You to FeedBlitz.
Payment Methods, Pricing and Disputes. FeedBlitz enables payment via PayPal, or any other suitable mechanism at its sole discretion. FeedBlitz may change its pricing and/or payment structure for the Ad Program at any time. If You dispute any payment made under the Ad Program, You must notify FeedBlitz in writing within thirty (30) days of any such payment. Failure to notify FeedBlitz within the thirty (30) day time period shall result in a waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by FeedBlitz. No other measurements or statistics of any kind shall be accepted by FeedBlitz or have any effect under these terms of service.
No Guarantees. FeedBlitz makes no guarantee regarding the number of advertisement impressions or clicks, the timing of delivery of any impressions and/or clicks, or the amount of any payment to be made to You. There is no guarantee that You will see positive results to Your business using the techniques and materials provided by FeedBlitz. FeedBlitz assumes no management responsibility for Your decisions or for policies or practices that You implement. Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. FeedBlitz makes no guarantees regarding results, present or future. FeedBlitz is not responsible for Your earnings, income, sales, or any other business performance as a result of the Service or Software.
Prohibitions. You shall not misrepresent the nature of the content of your advertisements, or of your Content where FeedBlitz places advertisements. You shall not, and shall not authorize or encourage any third party to: (i) directly or indirectly generate advertisement clickthroughs and/or impressions, through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of software robots or other automated technologies; (ii) remove, obscure or minimize any advertisement part of the Ad Program in any way; (iii) provide anything other than a direct link from an advertisement to the advertiser page; and/or (iv) “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any advertisements, or their links. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of the TOS and that FeedBlitz may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension or termination of the Account, and the pursuit of all available civil or criminal remedies.
Limitation of Liability. FeedBlitz, its members, managers, employees, agents and affiliates, shall not be liable to any party, including, but not limited to, Publishers, subscribers, or users of the Website, Software, FeedBlitz Content and/or Service, for any loss, including indirect, incidental, special, punitive or consequential damages, that results from your access or use of the Software, Service, FeedBlitz Content and/or the Website even if FeedBlitz has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. To the maximum extent provided by law, any party using the Service, FeedBlitz Content, or Software or using or visiting the Website assumes full responsibility for any loss that results from such use. FeedBlitz’s total liability for any claims related to the Software, Service or FeedBlitz Content or use of the Website will be no more than the amount paid for the month of Service in which the claim is alleged.
Indemnification. You agree to defend, indemnify and hold harmless FeedBlitz, its members, managers, employees, agents and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorney’s fees) arising from (1) Your use of and access to the Software, Service, FeedBlitz Content and/or Website; (2) Your violation of any term in the TOS; (3) Your violation of any third-party rights, including, but not limited to, any intellectual property rights such as copyright, trademark, trade secret, or patent; or otherwise related to FeedBlitz’s appearance or association with You, unless such claim arises from or is related to a material breach of any obligation and/or warranty made by FeedBlitz hereunder. This provision shall survive the termination of the TOS.
Third-Party Links. Publishers may utilize the Service to provide links to third-party websites. The Publisher’s use of other sites or resources is governed by terms on or related to such sites or resources. Use of such sites or resources is at the Publisher’s risk. FeedBlitz is not responsible for the availability of such external sites or resources. FeedBlitz does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. FeedBlitz 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
Compliance with Laws. You may not use the Service or the Website for any unlawful or discriminatory activities. If You or the entity you represent are subject to any laws or regulations, FeedBlitz is not responsible and cannot be held liable if the Service, Software, FeedBlitz Content or Website cannot meet those requirements. It is the Publisher’s responsibility to ensure all Content complies with Your country’s and Your subscribers’ country’s applicable rules and regulations including, but not limited to, laws relating to electronic communications, SPAM, intellectual property, privacy and data protection.
Special Warning Regarding Financial Matters. Prior to the execution of a stock trade, You are advised to consult with your broker or other financial representative to verify pricing or other information. FeedBlitz shall have no liability for trading or investment decisions based upon the Content or information provided. FeedBlitz does not warrant or guarantee the timeliness, sequence, accuracy, or completeness of this Content or information. Additionally, there are no warranties as to the results obtained from the use of the information.
Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, FEEDBLITZ CONTENT, WEBSITE AND SOFTWARE IS AT YOUR OWN RISK. NEITHER FEEDBLITZ, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT (1) THAT THE SYOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, SERVICE, FEEDBLITZ CONTENT, WEBSITE AND SOFTWARE IS AT YOUR OWN RISK. NEITHER FEEDBLITZ, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT (1) THAT THE SERVICE, FEEDBLITZ CONTENT, WEBSITE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, FEEDBLITZ CONTENT, WEBSITE OR SOFTWARE INCLUDING THEIR ACCURACY, RELIABILITY, QUALITY, ADEQUACY, TIMELINESS OR AUTHENTICITY, (3) AS TO THE ACCURACY, RELIABILITY, QUALITY, ADEQUACY, TIMELINESS OR AUTHENTICITY OF ANY CONTENT, INFORMATION, SERVICE, PRODUCTS, MERCHANDISE OR OTHER MATERIAL PURCHASED PROVIDED BY OR THROUGH THE SERVICE.
2. THE SERVICE, SOFTWARE, WEBSITE AND FEEDBLITZ CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE SERVICES. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES MADE BY FEEDBLITZ IN THE TOS AND TO THE EXTENT PERMITTED BY LAW, FEEDBLITZ MAKES NO WARRANTIES WHATSOEVER.
3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION REGARDLESS OF WHETHER FEEDBLITZ HAD NOTICE OF THE CAUSE OR SUCH CAUSE WAS FORESEEABLE.
4. IN NO EVENT WIIN NO EVENT WILL FEEDBLITZ, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE, WEBSITE, FEEDBLITZ CONTENT OR SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFIT OR REVENUE OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, WEBSITE, FEEDBLITZ CONTENT OR SOFTWARE.
5. THESE DISCLAIMERS AND LIMITATIONS SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THE TOS.
6. FeedBlitz is not responsible to You for the loss of any Content or material uploaded or transmitted through the Website, Software or Service. The Website and Services are written in English and FeedBlitz makes no warranty regarding translation or interpretation of content in any language.
7. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Attorney’s Fees. If FeedBlitz prevails in an action against You for any claimed breach of the TOS, FeedBlitz is entitled to recover reasonable attorney’s fees related to the prosecution of such an action.
Subpoenas. If FeedBlitz must provide information in response to a subpoena about You or the Account, FeedBlitz reserves the right to charge you for the costs to comply, including, but not limited to reasonable attorney’s fees, employee time, and administrative costs.
Equitable Relief. You acknowledge and agree that in the event of certain breaches of the TOS, FeedBlitz may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly You agree that FeedBlitz shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
Children’s Information. The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact FeedBlitz immediately at firstname.lastname@example.org and we will use our best efforts to promptly remove such information from our records.
Governing Law and Venue. The TOS shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law principles. Further, all actions or proceedings related to the TOS, Service, Software, FeedBlitz Content or Website shall be instituted in state or federal court inCharlotte, North Carolina . Publishers waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.
Assignment. You may not assign any of your rights under the TOS. FeedBlitz reserves the right to assign its rights to any individual or entity.
No Third-Party Beneficiaries. These TOS benefit solely the parties hereto and their respective permitted successors and assigns and nothing in these TOS, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under, or by reason of, these TOS.
Force Majeure. If FeedBlitz is unable to perform its obligations under the TOS or the Service, Software, FeedBlitz Content or Website are unavailable due causes beyond FeedBlitz’s control (“Force Majeure”), FeedBlitz will not be held liable for any damages to any party due to such an occurrence. The term Force Majeure shall include, without limitation, Acts of God or public enemy, pandemic, illness, fire, earthquakes, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages.
Severability. If any term or condition of the TOS is held to be invalid, void, or otherwise unenforceable by any court of competent jurisdiction, such provisions shall be enforced to the maximum extent permitted and that holding shall in no way affect the validity or enforceability of any other term or condition of the TOS.
Relationship of the Parties. The parties understand and agree that FeedBlitz is an independent contractor, which may contract with subcontractors for completion of the Services. Nothing contained herein shall place the parties in the relationship of partners, joint ventures, principal-agent, or employer-employee and neither party shall have any right to obligate or bind the other in any manner whatsoever.
Survival. Any rights or obligations contained herein that by their nature should survive termination of the TOS shall survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, limitations of liability, and confidentiality obligations.
No Waiver. The waiver or failure Any failure of either party to enforce any provision of these TOS, or any right or remedy provided for therein, shall not be construed as a waiver, estoppel with respect to, or limitation of that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy. No waiver by FeedBlitz of any of the provisions of these TOS shall be effective unless explicitly set forth in writing and signed by FeedBlitz.
Headings. The headings in the TOS are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of the TOS.
Notices. If you have any questions regarding these terms of service or if you wish to request any information from FeedBlitz, please contact FeedBlitz at the following address:
1800 Camden Road
Charlotte, NC 28203
If you send FeedBlitz an email, register for an Account, use the Service, Software, FeedBlitz Content or Website or provide your email to FeedBlitz in any other way, you consent to receive communications from FeedBlitz electronically. You agree that all legal notices provided via electronic means from FeedBlitz satisfy any requirement for written notice.