Terms of Service

In brief:

  • There are no guarantees.
  • 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.
  • 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 yourlevel 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.
  • FeedBlitz will not sell, rent or otherwise deliberately reveal your email address (see our privacy policy)

FULL TEXT

FeedBlitz is a computer online service that provides services to users who publish content (“Content”) using XML syndication and HTML web pages (collectively, the “Service”). The Service is accessible to you through a personal computer, or other access device, at www.feedblitz.com using a communications connection (e.g., modem and telephone line) using the software made available to you through FeedBlitz. BY USING ALL OR ANY PORTION OF THE SERVICE, OR CLICKING THE “Register” BUTTON ON THE “Register for a FeedBlitz Account” BUTTON OR EQUIVALENT ACTION FROM A PARTNER SITE (e.g. FEEDBURNER), YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THIS SERVICE. UPON NOTICE PUBLISHED THROUGH THE SERVICE OR OTHERWISE, FEEDBLITZ MAY UNILATERALLY MODIFY THESE TERMS OF SERVICE AT ANY TIME. YOUR CONTINUED USE OF THE SERVICE FOLLOWING SUCH MODIFICATION SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH MODIFICATION.

Links and Frames. The Service may provide, or third parties may provide, links to other World Wide Web sites or Internet resources. Your use of other sites or resources are governed by terms on or related to such sites or resources. Use of such sites or resources is at your own risk. Because FeedBlitz has no control over such sites and resources, you acknowledge and agree that FeedBlitz is not responsible for the availability of such external sites or resources, and 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. You further acknowledge and agree that 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.

Trademarks and Copyrights. Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of FeedBlitz or other entities. You are not authorized to use any such marks. Ownership of such trademarks and other intellectual property remains with FeedBlitz or those other entities.

FeedBlitz Software and Content. Your use of the FeedBlitz Service, Software and Content is owned by FeedBlitz, its licensors or providers. You may use the FeedBlitz Software and Content solely in conjunction with the Service consistent with these terms of service. You may not modify, resell, redistribute, reverse engineer or otherwise manipulate the FeedBlitz Software, Service or the Content. Except as expressly provided for in this Section, no other rights, title or interest in the FeedBlitz Software, Service or Content is provided hereunder. To the extent you contribute content, you represent and warrant that you own or have rights to provide such Content for use with the Service.

Modifications To Service. FeedBlitz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (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.

Termination. You agree that FeedBlitz, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason or no reason, including, without limitation, for lack of use or if FeedBlitz believes that you have violated or acted inconsistently with the letter or spirit of these terms of service. FeedBlitz may also in its sole discretion, for any reason or no reason and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms of service may be effected without prior notice, and acknowledge and agree that FeedBlitz may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FeedBlitz shall not be liable to you or any third-party for any termination of your access to the Service.

Payment and Refunds. FeedBlitz may make available features and upgrades to the Service that may require payment for you to use. Billing occurs after any applicable trial or evaluation period as laid out in the Service’s policies and at the time the payment form is completed. You agree that any such payments only make these features available to you; FeedBlitz will not refund any fees if you choose not to use these features. You may cancel the Service at any time. You agree that payments already made for the Service will only be refunded in the event of fraud or billing errors. Otherwise, you acknowledge that any other refunds for payments already made shall be at FeedBlitz’s sole discretion. There are no pro rata refunds if you cancel a premium Service. FeedBlitz may also require premium Services be purchased if your content is unsuitable for typical advertisers, e.g. adult content.

Trial and Grace Periods. FeedBlitz may elect to institute trial or grace periods for site users not using a paid service, typically of 30-days long. After the end of a trial period FeedBlitz will bill the payment source specified at the start of the trial period, or suspend mailings after the grace period expires in the event that no valid funding source is available or payment is declined.

Content Rights You represent that you have rights to the Content you make available using the Service, including commercial rights to the Content. Any violation of copyright, whether implied or by Creative Commons, at the sole discretion of FeedBlitz, will result in termination of participation of the Service.

Advertising You agree that FeedBlitz may insert advertising into messages we send or content we serve on your behalf, depending on our current advertising policies and the FeedBlitz service(s) you are using. Current criteria for inclusion or exclusion from advertising will be updated below. Any advertising revenues generated belong to FeedBlitz, unless you are participating in a FeedBlitz service that expressly allows for revenue sharing. FeedBlitz’s advertisements are in addition to any advertisements you place in your own Content, either in the source Content or using FeedBlitz’s third party advertising facilities. FeedBlitz will insert ads into messages sent to subscribers for any publisher without an upgraded premium account.

Advertising Services

FeedBlitz Advertiser Services / Ad Network. Participation in opt-in advertising Services is subject to your compliance with these terms of service. FeedBlitz reserves the right to refuse participation or terminate any account or participant at any time in its sole discretion. Any termination may result in the forfeiture by You of any outstanding account balances. By enrolling in the Services, You represent that You are at least 18 years old and agree that FeedBlitz may provide advertisements in connection with the newsletters and other FeedBlitz content that You designate.

Advertisement Targets, Creative and Placement. You are solely responsible for all: (a) ad targeting options and keywords and all ad content, ad information, and ad URLs; and (b) the web sites, services and landing pages which Your advertisements link or direct viewers to, and advertised services and products. You take full responsibility for Your own, and third party, use of any of Your accounts. You understand and agree that ads may be placed on any content or property provided by FeedBlitz, and, unless You opt out using FeedBlitz mechanisms, (c) any other content or property provided by a third party upon which FeedBlitz places ads. You authorize and consent to all such placements. You agree that all placements of Your advertisments shall conclusively be deemed to have been approved by You unless You produce contemporaneous documentary evidence showing that You disapproved such placements in the manner specified by FeedBLitz. FeedBlitz may modify any of its Services at any time without liability. FeedBlitz also may modify these Terms at any time without liability, and Your use of the Services after notice that these Terms have changed constitutes Your acceptance of the new Terms. FeedBlitz may reject or remove any ad or Target for any or no reason.

Agency. You represent and warrant that You are authorized to act on behalf of and has bound to these terms any third party for which You advertise.

Prohibitions. You shall not misrepresent the nature of the content of your advertisements, or of your newsletter or other media 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 in any way; (iii) provide anything other than a direct link from an Advertisement to the Advertiser Page; (iv) “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any Advertisments, their links; (v) act in any way that violates any policies posted on the Feedblitz sites, as may be revised from time to time. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of these terms of service and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

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.

Payments By You. You shall be responsible for all charges as set in an online account. Charges are exclusive of taxes. To the fullest extent permitted by law, You waive all claims relating to charges (including without limitation any claims for charges based on suspected invalid clicks or impressions) unless claimed within thirty (30) days after the charge (this does not affect Your credit card issuer rights). Charges are solely based on FeedBLitz’s measurements for the Services. To the fullest extent permitted by law, refunds (if any) are at the sole discretion of FeedBlitz, and only in the form of advertising credit. Nothing in these Terms may obligate FeedBlitz to extend credit to You or any other party. You acknowledge and agree that any credit card and related billing and payment information that You provide to FeedBlitz may be shared by FeedBlitz with companies who work on FeedBlitz’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to FeedBlitz, and servicing Your account. FeedBlitz shall not be liable for any use or disclosure of YOur information by third parties.

Payments To You. You shall receive a payment related to the number of valid advertisment impressions, as determined by FeedBlitz. Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to You shall be sent by FeedBlitz within approximately forty-five (45) days after the end of each calendar month that advertisement have run, if Your earned balance is $25 or more. In the event the Agreement is terminated, Feedblitz shall pay Your earned balance to You within approximately forty-five (45) days after the end of the calendar month in which the Agreement is terminated. In no event, shall FeedBlitz make payments for any earned balance less than $10. 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, (ii) solicited by payment of money, false representation, or request for end users to click or view on advertisements; (c) Ads benefiting charitable organizations and other placeholder, house or transparent advertisements that FeedBlitz may deliver; (d) FeedBlitz advertisements for its own products and/or services; or (e) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of these terms of service by You for any applicable pay period. FeedBlitz reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this conditions by You, pending FeedBlitz’s reasonable investigation of any of the foregoing or any breach of these terms of service by You, or in the event that an advertiser defaults on payment for any advertisments placed by FeedBlitz in your Content. In addition, if You are past due on any payment to FeedBlitz in connection with any FeedBlitz service, FeedBlitz reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with the amounts owed by You to FeedBlitz. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your 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. Any bank fees related to failed payments due to a contact or payment information error or omission may be deducted by FeedBlitz 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 Services.

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 at any time. If You dispute any payment made under the Services, You must notify FeedBlitz in writing within thirty (30) days of any such payment; failure to so notify FeedBlitz shall result in the 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.

Disclaimer of Warranty; Limitation of Liability. 1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, CONTENT AND FEEDBLITZ 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 THAT THE SERVICE, CONTENT OR FEEDBLITZ SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, CONTENT OR FEEDBLITZ SOFTWARE INCLUDING THEIR ACCURACY, RELIABILITY, QUALITY, ADEQUACY, TIMELINESS OR AUTHENTICITY. NOR DO THEY MAKE ANY WARRANTY 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, FEEDBLITZ SOFTWARE AND 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 OR FITNESS FOR A PARTICULAR PURPOSE. 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 WILL FEEDBLITZ, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE, CONTENT OR THE FEEDBLITZ 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, CONTENT OR FEEDBLITZ 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 THESE TERMS OF SERVICE. 6. 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.

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, its affiliates, information providers, or content partners shall have no liability for trading or investment decisions based upon the Content or information provided. Neither FeedBlitz nor its affiliates, information providers or content providers 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.

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:

FeedBlitz, LLC
9 Thoreau Way
Sudbury MA USA 01776