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Terms of use

By using the website, www.feedzilla.com or its sub-domains including but not limited to, fr.feedzilla.com, in.feedzilla.com, de.feedzilla.com, whether you have entered or used it through your computer, mobile phone or device, or through any other means (the “Website”), you are agreeing to the terms and conditions set out in this agreement (the “Terms of Use”), as may be amended from timeto time (as further detailed below), which apply to an individual’s or any other entity’s use of the newsfeed Services provided through the Website, including, but not limited to, integration of RSS feed links (and the content therein), descriptions and other material (collectively the "Feeds") in websites and mobile phone or other mobile devices applications (the “Services”) or visit the Website. As you agree to be bound by changes to the Terms of Use, we encourage you to visit this page regularly.

Please read these Terms of Use carefully before using the Website, as they contain binding legal and obligations.  BY USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE REGARDLESS OF YOUR FAILURE TO READ THEM.

 

Intellectual Property Rights

All content on the Website is owned or controlled by Butterfly Effect SA. (the “Company”), by third party publishers, and is protected by worldwide copyright, trademark and other proprietary laws.

All content and information on the Website including, without limitation, text, graphics, photos, images, sounds, video clips, promotional contests, interactive features, software and code,  (collectively, "Content") is owned by the Company or a third party and is protected by copyright and other intellectual property laws. All branding, trademarks, Services marks and logos contained in the Website (collectively, "Marks") are the exclusive property of The Company or of the third parties. The Content is provided to you “AS IS” for your information and may not, in whole or in part, be copied, modified, reproduced, distributed, transferred, transmitted, broadcasted, published, displayed, sold, licensed, or otherwise exploited in any manner and for any purpose whatsoever, without except in accordance with these Terms of Use.

 

Third Party Sites

The Feeds   are the intellectual property of their respective owners. The Company does not own the Feeds, rather supplies technology and software that reads the Feeds.

The Website may contain links to third party's websites or advertisement to third parties. The fact that such links and advertisements are posted and presented on the Website is not an endorsement or representation of any kind of those websites or their policies and practices. Such websites are not being operated and/or monitored by the Company and therefore the Company does not assume any responsibility in any way for the policies, accuracy, usefulness, safety and practices of any such third party, and encourage you to review the terms and policies of such linked websites before using them. Moreover, The Company takes no responsibility for any goods or Services provided by third party advertisers. The Company will not be a party to or in any way be responsible for monitoring any transaction between you and any third party advertisers.

You hereby waive any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its group companies, officers, directors, employees, agents, representatives, partners or anybody else on its behalf, harmless to the fullest extent allowed by law, regarding all matters related to your use of the Website. Nevertheless, you are encouraged to report all misuse of the Website and its Services to the Company.

 

 Use of the Website

Use of the Website and the creation of news widgets for your website or for mobile phone or other mobile devices applications are free of charge and there is no requirement for you to register or to become a member of this Website. We may change our fee policy or our membership policy, as stated in this paragraph, at any time, by posting a change notice or a new agreement on our Website.

Other than as specifically permitted under these Terms of Use, no use of this Website or any content on it may be made without the prior written authorization of the Company.

You may write commentary using the Website's about the widgets, but you will be solely liable if such commentary infringes any rights of any third party publisher, slander or any other illegal material

You may downloadthe Feeds for your personal use, for non-commercial purposes. No modification or further reproduction of the Feeds is permitted unless permission is specifically granted. You are not authorized to copy the content of any article without the express permission of the relevant third party publisher. You must display the Feeds as headline hyperlinks that connect via the Website URL to the full text article on the publisher’s website. You may not delete or hide the intermediate link. The content may otherwise not be copied or used in any way. The Feeds must not open in a frame.

In addition to the above, you as a customer of the Website agree to abide by the rules and regulations set forth by each individual Feed publisher when using their Feeds on your website. When subscribing to and using our Services you agree to be bound by their respective terms of use and you are solely responsible for taking all reasonable precautions to ensure that all the materials posted on your site do not infringe intellectual property rights of any third party or any other applicable law. Please read carefully in advance all such applicable terms. All references to any sponsored links may not be removed without express permission from the Company.

You must credit the Website for use of the Services with a link to the Website at the bottom of any of the Feeds. If there is no hypertext link to the Website, you must attribute the credit by adding a Feedzilla.com logo link.

 

Reasonable Usage

You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or its content. The Company uses reasonable information security practices and will not be liable in the case of breach of implemented physical, technical and managerial security controls.

You agree not to use or launch any automated system, including without limitation, 'robots', 'spiders', 'offline readers' and such, that accesses the Website in a manner that sends more request messages to the Website in a given period of time than a human can reasonably produce in the same period. However, the Company grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases.

Our Services, or Website MAY NOT BE USED for sites which we determine, at our sole discretion, to be unsuitable, including but not limited to, sites which promote racism, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, illegal activities, modify the names of publishers or fail to give proper source attribution without publisher permission, or breach intellectual property rights. You must discontinue using the Website and the Services immediately if we determine they have been used on such sites.

You may not use the Website in any way that may be damaging or detrimental to the activities, operations, credibility or integrity of the site and the Company, or that may interfere with any third party's access use and enjoyment of the Website.

 

Warranty Disclaimer with respect to the Website

You expressly understand and agree that:

●   Your use of the Website is at your sole risk. To the maximum extent permitted by law and unless explicitly provided otherwise under these Terms of Use, the Company, its officers, directors, employees, partners and agents disclaim any and all warranties, express or implied, in connection with the Website and your use thereof.

●   The Company uses its best endeavors to ensure that all the information presented on the Website is accurate and up to date. However errors can occur.We make no warranty and give no assurance that the Services will be uninterrupted, timely, secure or error free.

●   To the extent permitted by any applicable law, the Company disclaims all warranties, express or implied, as to the accuracy of the Content, and the Company shall not be liable to any person for any loss or damage which may arise from the use of any of the Content.

●   The Website and any hyperlinked third party websites are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and unless explicitly provided otherwise under these Terms of Use, the Company disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

●   Unless explicitly provided otherwise under these Terms of Use and to the extent permitted by law, the Company makes no warranties or representations about the accuracy or completeness of the Content or the content of any other websites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content made available via the Website.

●   To the maximum extent permitted by law and unless explicitly provided otherwise under these Terms of Use, the Company makes no warranty that: (i) the Website will meet your requirements; (ii) the Website will be uninterrupted, timely, secure, or error-free; and (iii) the results that may be obtained from the use of the Website will be accurate or reliable.

●   To the maximum extent permitted by law, no advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in the Terms of Use.

●   This Website may contain forward-looking statements. These statements, at the time they were made, were based on then-current expectations of future events. If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from the Company's expectations and projections in these statements. www.feedzilla.com assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

 

Limitation of Liability

You expressly understand and agree that in no event  the Company shall be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including loss of profit, resulting from: (i) the use or the inability to use the Website; (ii) errors, mistakes, omissions or inaccuracies of Content; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Website;(vi) use of our Services, which we strictly forbid, on sites which promote racism, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, illegal activities, modify the names of publishers or fail to give proper source attribution without publisher permission, or breach intellectual property rights,  and/or (vi) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company was advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

Indemnity

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents and partners from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses including, without limitation, legal fees and disbursements resulting, directly or indirectly, or arising  from: (a) your violation of these Terms of Use; (b) your access, use or inability to access or use the Website or any website to which the Website is or may be linked to from time to time; or (e) your violation of any law or regulation. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

 

Privacy Policy

Like many other websites, we use “cookies” to collect information and to tailor the Website to the needs and interests of our customers. A cookie is a small entry-in text file that is transferred from the Website's servers to your computer’s hard drive, and uniquely identifies your browser. Cookies can only be read by the server that sent them to you, and cannot read data from your hard drive.

We use cookies to: (1) remember some information (e.g. registration ID and login password) so that you will not have to re-enter it during each visit to the Website; (2) monitor the effectiveness of marketing campaigns; and (3) monitor aggregate metrics such as total number of visitors, pages viewed, etc.

You can instruct your browser to refuse all cookies or to alert you before accepting a cookie. However, you may not be able to access some areas, or use some functionalities of the Website, which require cookies. You should be aware that the Website uses the services of third party suppliers for providing some of its services. To provide such services, such the suppliers may use cookies as well.

When you visit the Website, information about your visit (such as how you navigate the Website) may be collected and stored. This information may include your Internet Protocol (IP) address, browser and platform type, the length of your visit, the date and time of your visit, the pages you viewed and the order of those pages, the amount of time spent on particular pages, and the websites you visit before and after leaving the Website. It does not include any personally identifiable information such as your name, e-mail address or telephone number. We use this information mainly to monitor and analyze the aggregate use of the Website, and for the Website’s technical administration. As mentioned above, we may aggregate such data in order to better design the Website and services.

 

Amendments to these Terms and/or the Website

The Company reserves the right to amend, update or modify, at any time, these Terms of Use without notice. Such amendments, updates and modifications shall be effective immediately upon posting them on the Website. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of the revised terms or policy.  If any modification is unacceptable to you, you may terminate this agreement as your only recourse by discontinuing to use the Services and not visiting the Website. You acknowledge that you have read these Terms of Use and agree to all the terms and conditions. You have independently evaluated your use of the Services and are not relying on any representation, guarantee or warranty from the Company.

If you have any questions or comments with regard to these Terms of Use, or any other related issue, please contact the Company using the form at http://www.feedzilla.com/contact.

The Company reserves the right to amend, update or modify, at any time, the Website or the Content.

 

Governing law

This Website, any content contained herein and any contract brought into being as a result of usage of this Website (including the purchase of any Goods) are governed by and construed in accordance with English Law without respect to its conflict of laws principles. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.

The Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than England and Wales.

If you choose to access the Website from any other country, in which the laws governing the operation or use of websites are different than the laws of England and Wales, please be advised that your usage of the Website is governed by the laws of England and Wales, and that you are fully responsible for compliance with your local laws if and to the extent that such local laws are applicable.

 

General

a.      Assignment - These Terms of Use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Company without restriction.

b.      Each right or remedy of the Company under these Terms of Use is without prejudice to any other right or remedy of the Company whether under these Terms of Use or not.

c.      If any provision of these Terms of Use is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Terms of Use and the remainder of such provision shall continue in full force and effect.

d.      No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

e.      The parties to these Terms of Use do not intend that any term of these Terms of Use shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

f.       If you do not agree to the Terms of Use, please discontinue using the Website and the Services immediately. Any person found to be in violation of these Terms of Use risks being banned permanently from using our Services.