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TERMS OF USE

TERMS OF USE

PLEASE READ CAREFULLY. BY USING ANY SERVICES OF THE FEEDSWEEP SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF USE ("AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT USE ANY SERVICES ON THE FEEDSWEEP SITE.

The FeedSweep website and widget service ("Service") is provided by Datagenn Software Ltd ("DSL"), located at Killeshin, Carlow, Co. Carlow, Ireland. It is expected that these Terms of Use will change from time to time, so please check periodically for changes.


SERVICE TERMS
  1. You must be 13 years or older to use this Service.
  2. This agreement applies to your use of the Service, whether you register an account or not or whether you use a FeedSweep Developer's API Key or not.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  4. You are responsible for maintaining the security of your account and password. DSL cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You cannot resell or charge a fee for this Service to a third party.
  6. You may not use the Service for any purpose intended to derive income without DSL's prior, express written permission.
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, privacy laws and spam laws).
  8. You may not use the Service for any purpose that constitutes, promotes, or is used primarily as spyware, adware, or other malicious programs or code.
  9. You agree not to remove, circumvent, disable, damage or otherwise interfere with security related features of the Service, features that prevent or restrict use or copying of any content or features that enforce limitations on the use of the Service.


WIDGETS

  1. DSL permits you to create, register and embed some portable code ("Widgets") that can be installed and executed within a separate HTML-based web page or blog for the use of an end user.
  2. By creating, registering or embedding Widgets on your website or blog, you hereby grant to DSL a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, and irrevocable license to use, display, reproduce, distribute, modify, and exploit your Widgets.
  3. In the event that any third party offers to acquire your Widget from you, you shall notify DSL of such offer and DSL shall have a right of first refusal to purchase your Widget.
  4. You also grant to each user of the FeedSweep website and any other properties through which FeedSweep distributes your Widget, a non-exclusive license to use, display and reproduce any Widget you create.
  5. You are solely responsible for your Widgets and the consequences of embedding, posting or publishing them. You affirm, represent and/or warrant that you created, own, or have the necessary licenses, rights, consents, and permissions to use and to authorize FeedSweep and users of the FeedSweep Service to use your Widgets as necessary and in the manner required by this Agreement.


FINANCIAL TERMS

  1. DSL charges a fee for certain levels of Service ("Fee-based Plans") and may change this fee at any time effective immediately upon notice.
  2. If you choose not to purchase a Fee-based Plan, your Widget will automatically display advertisements ("Ad-based Plan) whereby DSL will earn revenue and income from advertisements and other marketing efforts placed in your Widget. You agree, all income and revenue derived from Ad-based Plans will be solely the property of DSL, unless otherwise agreed upon in writing.
  3. You may opt in to DSL's revenue sharing program ("Revshare-based Plan") if you satisfy all of the following requirements: (i) you are eighteen (18) years or older; (ii) you have a current PayPal account; (iii) you provided the email address associated with your PayPal account on the FeedSweep signup page and (iv) you are invited, and have accepted in writing, into the RevShare program by DSL.
    • Under a Revshare-based Plan, DSL shall pay you a share ("Revenue Share") of earned Net Revenue, which is the revenue actually received by DSL resulting from your Widgets, less any fee or revenue share paid out to or credited back by an advertiser referral partner, index partner, search list provider or other entity providing revenue generating listings through your Widget.
    • DSL may adjust Revenue Share payable to you by ignoring click-throughs, and/or withholding payments, or crediting back payments made to you if DSL, in its sole reasonable discretion believes that such click-throughs, downloads and/or payments are fraudulent or invalid in nature or if DSL believes that you are in violation of this Terms of Use.
    • DSL shall pay you the Revenue Share within thirty (30) days after the end of each calendar quarter. However, if the Revenue Share for any year is fifty dollars ($50 USD) or less, DSL shall not be liable to you for any such payment. Further, if the Revenue Share for any given calendar quarter is less than fifty dollars ($50 USD), DSL will roll such amount over to the subsequent payment period, and shall not make any payment to you until the accrued Revenue Share for a payment period is at least fifty dollars ($50 USD). Any dispute regarding a payment from DSL must be submitted to DSL in writing within thirty (30) days of posting date of such payment or it shall be deemed waived. Payment shall be calculated and finally settled solely based on records maintained by DSL, and no other records will be deemed relevant for payment calculations or determinations.
    • You must provide to DSL the tax identification and any other information required by the applicable tax authority for tax reporting purposes. You shall be solely responsible for the payment of any taxes you may owe as a consequence of entering into a Revshare-based Plan.
  4. You have no obligation to continue under any Plan and you may change your plan from month to month.


MODIFICATIONS OF THE SERVICE

  1. DSL 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.
  2. DSL further reserves the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time without notice. Your continued use of the FeedSweep Service after the posting of changes constitutes your binding acceptance of such changes. Such amended terms will automatically be effective thirty days after they are posted on the FeedSweep website.
  3. Any new features, including the release of new tools and resources, shall be subject to this Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes.


GENERAL CONDITIONS

  1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
  2. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by DSL.
  4. DSL may, but has no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  5. You understand that the technical processing and transmission of the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  6. DSL does not warrant that the Service will meet your specific requirements, or the Service will be uninterrupted, timely, secure, or error-free, or the results that may be obtained from the use of the Service will be accurate or reliable, or the quality of any products, services, information and errors in the Service will be corrected.
  7. The failure of DSL to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and DSL and govern your use of the Service, superceding any prior agreements between you and DSL (including, but not limited to, any prior versions of the Terms of Use). Any waiver of any provision of this Agreement will be effective only if in writing and signed by DSL.
  8. You understand and accept that by creating an account and using the Service you may receive email communications from DSL (news, upgrades, etc).
  9. Except as explicitly stated otherwise, legal notices will be served on DSL's registered agent and/or to the email address you provided to FeedSweep during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the FeedSweep website. In such case, notice will be deemed given three days after the date of mailing.
  10. DSL and you are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that DSL has no special relationship with or fiduciary duty to you.
  11. This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or DSL will be filed only in the provincial or federal courts in and for Edmonton, Canada, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
  12. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DSL without restriction.


TERMINATION

  1. You may terminate this agreement at any time by stopping use of the Service, making no requests of the FeedSweep servers and deleting the FeedSweep embedded content on your website or blog.
  2. You agree that DSL, in its sole discretion and for any or no reason, may suspend or terminate your use of the Service and remove and discard all or any part of your content at any time, with or without notice. You agree that any termination of your access to the Service or any account you have, may be effected without prior notice and you agree that DSL shall not be liable to you or any third party for any such termination, or for any price change, suspension or modification of Service.
Questions about the Terms of Service should be sent to support1 (at) feedsweep dot com.

Last updated May 31, 2015.