<\/a>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.<\/p>\nYou 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.<\/p>\n
ADVERTISEMENTS AND OPTIONAL ADVERTISING PROGRAM<\/h2>\n
Eligibility.<\/strong> 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.<\/p>\nAny Publisher may insert their own advertisements in their Content. FeedBlitz is not responsible for any advertisements inserted by a Publisher.<\/p>\n
Ad Program Features.<\/strong> 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.<\/p>\nAd Program Payments.<\/strong> 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.<\/p>\nTo 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. \u00a0FeedBlitz 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.<\/p>\n
Ad Program Payments, Exclusions.<\/strong> Notwithstanding the foregoing, FeedBlitz shall not be liable for any payment based on: (1) 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 (a) originating from Your IP addresses or computers under Your control or (b) solicited by payment of money, false representation, or request for end users to click or view on advertisements; (2) ads benefiting charitable organizations and other placeholder, house or transparent advertisements that FeedBlitz may deliver; (3) FeedBlitz advertisements for its own products and\/or services; (4) clicks co-mingled with a significant number of invalid clicks described in (1) above, or (5) as a result of any breach of the TOS by You.<\/p>\nFeedBlitz 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.<\/p>\nPayment Methods, Pricing and Disputes.<\/strong> 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.\nNo Guarantees.<\/strong> 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.<\/p>\nProhibitions.<\/strong> 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: (1) 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; (2) remove, obscure or minimize any advertisement part of the Ad Program in any way; (3) provide anything other than a direct link from an advertisement to the advertiser page; and\/or (4) “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any advertisements, or their links. \u00a0You 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.<\/p>\nLIABILITY<\/h2>\n
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.<\/strong><\/p>\nIndemnification.<\/strong> 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.<\/p>\nThird-Party Links.<\/strong> 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.<\/p>\nCompliance with Laws.<\/strong> 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.<\/p>\nSpecial Warning Regarding Financial Matters.<\/strong> 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.<\/p>\nDisclaimer of Warranty.\u00a0<\/strong><\/p>\n1. 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 (A) THAT YOU 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 (B) THAT THE SERVICE, FEEDBLITZ CONTENT, WEBSITE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) 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, (D) 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.<\/p>\n
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.<\/p>\n
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.<\/p>\n4. 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.\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
Attorney’s Fees.<\/strong> 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.<\/p>\nSubpoenas.<\/strong> 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.<\/p>\nEquitable Relief.<\/strong> 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.\nEVERYTHING ELSE.<\/h2>\n
Children’s Information. <\/strong>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 support@feedblitz.com and we will use our best efforts to promptly remove such information from our records.<\/p>\nGoverning Law and Venue.<\/strong> The TOS shall be governed by and construed in accordance with the laws of the State of New Jersey, 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 in Newark, New Jersey. Publishers waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.<\/p>\nAssignment.<\/strong> You may not assign any of your rights under the TOS. FeedBlitz reserves the right to assign its rights to any individual or entity.<\/p>\nNo Third-Party Beneficiaries.<\/strong> 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.<\/p>\nForce Majeure.<\/strong> 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.<\/p>\nSeverability.<\/strong> 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.<\/p>\nRelationship of the Parties.<\/strong> 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.<\/p>\nSurvival. <\/strong>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.<\/p>\nNo Waiver.<\/strong> 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.<\/p>\nHeadings.<\/strong> 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.<\/p>\nEntire Agreement.<\/strong> The TOS, Privacy Policy, Affiliate Policy and any other policy noted on the Website, and any additional terms you’ve agreed to by utilizing the Website, Service, FeedBlitz Content and Software (collectively the “Terms”) make up the entire agreement between You and FeedBlitz. The Terms supersede all prior agreements, representations and understandings and may not be modified unless in writing, signed by both parties.<\/p>\nNotices.<\/strong> 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:<\/p>\nFeedBlitz, LLC
\n650 E. Palisade Avenue Suite 2
\nPO BOX 173
\nEnglewood Cliffs, NJ 07632\nIf 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.<\/p>\n\n","protected":false},"excerpt":{"rendered":"
THESE TERMS CONTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY July 2024 Update There are some routine, standard language updates to reflect current legal best practices and our HQ relocation to New Jersey. In addition, however, the following changes are particularly noteworthy: Outlining what content, under acceptable use, will cause your FeedBlitz account to…<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"om_disable_all_campaigns":false,"footnotes":""},"yoast_head":"\n
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