Terms of Use

Updated: 1/16/2017

Feeds4.com, which is owned by Feeds4 (hereinafter “Company”), maintains this site for information and communication purposes. This webpage contains the Terms Of Use governing your access to, and use, of Feeds4.com, its subdomains, and its services (hereinafter the “Website”). If you do not accept these Terms Of Use or you do not meet or comply with their provisions, you may not use this Website. Such access and all related hardware, software, and services costs are your sole responsibility and you hereby release Company from any liability for any errors, failures, or malfunctions of all such hardware, software and/or services. Before you may obtain services through this Website, you must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which includes by reference those terms and conditions expressly set out below.

By your use of this Website you agree that:

1. You are at least eighteen years old, and
2. You have read, and fully understand and agree to abide by this Agreement and the documents it incorporates by reference,
3. You intend to form a legally binding contract by utilizing or viewing this Website, and
4. YOU MUST AGREE TO BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT LISTED ON OR PROVIDED BY THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

If you do not agree to be bound by the terms and conditions of this Agreement, do not use or request our services through this Website.

Within Company’s sole discretion these terms are subject to amendment, change, modification, revision, or termination at any time without advance notice to you. Any and all such changes shall be immediately effective at the time they are posted on the Website and it is your (the User’s) duty to maintain through the Website, your familiarity with these terms and conditions as they change over time.

1. Information and Privacy User Conduct:
Company is strongly committed to protecting your privacy and has implemented a comprehensive privacy policy. Company does not disclose or release personal or financial information about you or your business except for the following reasons; (a) what is necessary to process your request for assistance, (b) what may be required by law (c) disclosure or transparency that may be required to obtain or remain compliant with affiliate networks you choose to associate with (d) disclosure or transparency that may be required to obtain or remain compliant with specific merchant programs you choose to associate with. For more specific details, please read the Feeds4.com Privacy Policy.

2. User Conduct:
You agree not to post on the Website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets, or any right of privacy or publicity, or (d) otherwise violates any applicable law. You will not post on this Website any links to any external internet sites that are obscene or pornographic. Any information that you provide to Company must be true, complete, and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance, or regulation.

You agree not to disclose, disseminate, distribute, reproduce, transmit, transfer, share, sell, resell, trade, or barter with any third party including known or not known competitors of the Website, any content of the Website such as text, graphics, screenshots, screencasts, your login to access any part of the Website, the arrangement, assembly of such arrangements, costs of service, any information that is behind password protected areas of the Website, or any relevant information regarding the Company including contractual terms, documents or any other material received from Company. You agree that in doing any of the aforementioned actions, you have caused Company harm and that you will reimburse Company for all lost profits due to your disclosure or harm created by such actions including attorneys fees that are accrued to stop, defend, or enforce judgements against such actions by you or from the use of such materials by any third party.

Additional Publisher Obligations: All Publishers Agree:

    (a) to keep Publisher’s technology compliant with known or disclosed affiliate network policies,
    (b) to comply with requests for documentation by affiliate networks when necessary,
    (d) to use ethical and legal business practices,
    (e) to maintain a privacy policy applicable to all content and in compliance with privacy use in countries where content is made available,
    (f) that Publisher will not distribute any Company content to any third-party,
    (g) to use commercially reasonable efforts to protect from theft or unauthorized disclosure of Publisher account information,

Additional Sub-Affiliate or Rev share Publisher Obligations: Publisher Agree:

    (h) to provide Company with any known material changes to the Publisher’s technology,
    (i) to warrant that Publisher’s technology does not force clicks or use other deceptive practices to generate commission revenue,
    (j) to warrant that Publisher’s technology does not modify or remove any part of the content used for tracking commission revenue,
    (k) to warrant that the Publisher’s technology will not use Company content to redirect revenue through Publisher’s own accounts or any third-party account,
    (l) to warrant that Publisher will not wrap any content not provided by Company with Company commission tracking links.
    (m) to warrant that Publisher will not change any content provided by Company without Company’s written approval.

3. Copyright/Restrictions on Use of Material
The Website, the software used with the Website, and all content such as computer code, text, graphics, site-images, etc., along with the collection, arrangement, and assembly of such, are the exclusive intellectual property of Company, or its affiliates, and is protected by both United States and international intellectual property laws; specifically, copyright, trademark/service mark, trade secret, trade dress, patent, and/or other proprietary rights and laws. Company grants to you only a limited, non-exclusive, non-transferable, non-assignable license to use the intellectual property on the Website solely for the purposes of viewing or interacting with the Website. Except as expressly provided herein, you may not use, reproduce, modify, transmit, distribute, disclose information pertaining to or received from, publicly display or operate this Website without the prior written permission of Company. You may not use any part of this Website on any other website or in any other technology, without Company’s prior written consent. You may not sell, resell, de-compile, reverse engineer, disassemble, or otherwise translate any of the software portions of the Website or to a human-readable form. You may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the Website or in any way except as authorized herein or thereon or by other prior written permission from Company. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website or, in whole or in part, nor use any content for any purpose other than that intended, unless previously authorized by us in writing. Any unauthorized use of any material contained in the Website is strictly prohibited.

Company respects the intellectual property rights of others and expects its users to do the same. The policy of Company is to terminate the accounts of repeat copyright offenders without notice and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us using the email account: tou[@]feeds4.com.

4. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms or Use, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, compete with or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

5. Spamming
Gathering email addresses from Company through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users or customers is prohibited. Inquiries regarding a commercial relationship with Company should be directed to: tou[@]feeds4.com.

6. Trademarks, Service Marks, Logos, Corporate Identifications Protected
All trademarks, service marks, logos, or other corporate identifications (collectively “Marks”) on this Website are trademarks or service marks of Company. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other website is strictly prohibited without prior written approval by Company.

7. Links
This Website contains links to third party sites. Users accesses these websites at User’s own risk; the Website is not responsible for the contents, changes, updates, or other links contained in or on a linked website. Company provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by the Website or the URL of the site.

8. General Disclaimer
Although Company has made reasonable efforts to place accurate information on this Website, Company assumes no responsibility for the accuracy of the information. Company PROVIDES THIS WEBSITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL, OR ANY OTHER REFERENCE IS PROVIDED “AS IS” WHERE IS AND COMPANY FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS COMPANY DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE, FOR EDUCATIONAL MATERIAL SOLD OR DISTRIBUTED ON THIS SITE OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT THIRD-PARTY LOCATIONS WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.

Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Website or your downloading of any materials, data, text, images, video or audio from the Website. Company is not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall Company or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Website or content found herein, or (ii) the performance or non performance by Company or any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution, or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.

10. Indemnification
User agrees to indemnify, defend, and hold harmless, to the fullest extent allowed by law, Company, at User’s sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys’ fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User’s negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.

11. No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Company as a result of use of the Website.

12. Compliance With State And Federal Laws
Use of this Website is governed by all applicable federal, state, and local laws. All information available on this Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Company makes no representation that the content on this Website is appropriate or available for use in other locations, and access to it from territories where the content is illegal and prohibited.

13. Service Subscriptions
Feeds4.com offers month-to-month subscriptions as part of our service. Publishers who subscribe to Feeds4.com agree to the following:

(a) Month-To-Month
Service begins as soon as your initial payment is processed. Publishers will be charged the rate stated at the time of purchase, every month, until you cancel or until Company changes the monthly rate. Because there is no annual contract, your rate is subject to change, but Feeds4.com will always notify you beforehand. Monthly subscription payments are non-refundable.

(b) Cancellations
Cancellations must be made prior to your renewal date or your credit card will be charged and the charge will be considered non-refundable. Cancellations can be made any time by visiting the Publisher Portal or by contacting Customer Support.

(c) Account Maintenance
Publishers agrees to keep their credit card information used to subscribe to our service up-to-date. Publisher will be liable to Feeds4.com for any monthly subscription payment owed but not received due to an expired credit card (hereinafter “Late Payment”). Late Payments owed to Feeds4.com must be paid in full within three (1) month of Late Payment (hereinafter “Past Due Date”) or Publisher agrees to pay a late penalty fee of $100.00 USD for each month past the Past Due Date.

14. Residual Traffic, End Of Service Or Publisher Removal
After publisher trial ends or publisher subscription ends (hereinafter “End Of Service Date”), or publisher has either been removed from any merchant programs or any affiliate networks and Company has notified publisher of such removal (hereinafter “Removal Notice”), publisher agrees to update or remove links that send traffic to Website. Any traffic received from publisher after End Of Service Date or Removal Notice will be considered abandoned traffic (hereinafter “Abandoned Traffic”). Publisher agrees that any Abandoned Traffic may be used by Website or redirected to any other third-party website or service at the Company’s discretion with or without notice to the publisher. Publisher agrees Abandoned Traffic becomes the property of Company and any publisher commission, ad revenue, or other revenue generation becomes the sole revenue of the Company.

15. Miscellaneous
Company may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or delivering them to you through e-mail. You may update your e-mail address by visiting the services where you have provided contact information. If you do not provide us with accurate information, Company cannot be held liable if we fail to notify you.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Use, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire integrated agreement between you and Company and govern your use of the Site, superseding any prior agreements that you may have with us.

These Terms or Use shall be construed in accordance with the laws of the State of Washington, and the parties irrevocably consent to bring any action to enforce these Terms or Use before an arbitration panel or before a court of competent jurisdiction in Washington if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms or Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms or Use shall continue in effect.

CONTACT US:
If you would like to request additional information regarding these Terms of Use, please contact us at tou[@]feeds4.com.