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FeedZilla Services Terms and Conditions

Last updated: November 11, 2005

This Agreement describes the terms and conditions on which individuals or entities may access and use the online content services and Web Widgets ("Service") produced by Butterfly Effect SA. and available under the domain and sub-domains of www.FeedZilla.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our services.

As used in this agreement, "We" or "Coldbrook" means Butterfly Effect SA., "You" means the individual or entity to whom we provide the Service, "Site" means any means for viewing the Information and Links electronically, "Information" means any text, software, image, movie, sound or other content available and provided to you, "Links" means the links, headlines, source names and associated data delivered by Coldbrook as part of the Service, and "Publishers" refers to the original authors, creators or copyright holders of the material to which we link.

This Agreement shall constitute the complete and exclusive agreement between the parties and supersedes any prior agreement, whether written or oral. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which include the terms and conditions set out below and those incorporated by reference, before you can use our Service. If you access and use our Service, it means that you agree to be bound by the terms and conditions of this Agreement.

We may amend this Agreement at any time by posting a change notice on our Site. All amended terms shall automatically be effective 30 days after they are initially posted on our Site. Your continued use of the Service following such amendment shall be deemed to be your acceptance of such amendment. If any amendment is unacceptable to you, your only recourse is to terminate this Agreement. This Agreement may not be otherwise amended except in a writing signed by you and Coldbrook. This Agreement is effective upon acceptance in registration for new members, and is otherwise effective on November 11, 2005 for all users.

1.  Membership

The FeedZilla Service is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Although you can access and browse the Site without becoming a member, only individuals and entities that have registered can access and use our services. When registering and using the FeedZilla Service you agree to provide your correct personal information and details and also to maintain and update this information as required to keep it current, complete and accurate. Personal information you provide to Coldbrook is governed by FeedZilla' Privacy Policy . Your account is strictly personal and only accessible with your own confidential password. You are responsible for maintaining the confidentiality of your password and your account information. You are also responsible for all the activities that occur in relation to the use of your account with our without your knowledge. You agree to notify FeedZilla immediately of any unauthorized use of your account or any other breach of security. Coldbrook cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Additionally, your account cannot be transferred or sold to another party.

2.  Fees

Becoming a member at FeedZilla.com is free. All Free FeedZilla Services, including Basic FeedZilla Services, are supported by advertising and are for individual, non-commercial use only. All Other FeedZilla Services, including Pro FeedZilla Services, are fee based services. Our Fees Policy is incorporated into this agreement by reference, and is available at http://www.FeedZilla.com/pricing.asp . We may change our Fees Policy and the fees for our services from time to time. Changes to the policy will be posted on the Site and will be effective fourteen (14) days after posting. However, we may choose to temporarily change our Fees Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees associated with using our services and our website and all applicable taxes.

3.  Use of Services

3.1. You acknowledge that our services are only available to individuals and entities that use and present our services exactly as delivered by Coldbrook. You must not modify our services without our prior express written permission.

3.2. You acknowledge that the online content services available on the Site contain links, headlines, summaries and other material (collectively, the “Links”) that are protected by intellectual property rights of Coldbrook and third-party Publishers with whom we have contracts. You acknowledge and agree that Coldbrook shall not be responsible or liable when you use our services to aggregate and display the content of third-party publishers with whom we have no agreement.

3.3. You may not modify any of the Links, in whole or in part. You must display the Links as headline hyperlinks that connect directly to the full-text article on the Publisher's site. You may only display each headline during the day or days such headline appears on the Publisher's site. You agree that each of the Links on your Site, when clicked, will not open in a frame and that you will designate the Publisher as the source of the content.

3.4. You may not copy, reproduce, modify, transmit, distribute or in any way exploit any of the Links, in whole or in part, except as expressly permitted in this Agreement.

3.5. You may not sell, license, sublicense, assign, transfer or otherwise economically exploit any of our services, in whole or in part, to any party regardless of that party's commercial status. If you are interested in reselling our services, please contact us .

3.6. You may reproduce the Links on pages not powered directly by FeedZilla, provided, however that the headline and the source attributed remain intact. You are not authorized to copy the content from any article, without the express permission of the Publisher.

3.7. You may write commentary around the Links, and sell advertising on the page which contains the Links but you shall be solely liable if such commentary and/or advertising violates or infringes on the rights of any Publisher.

3.8. Our Services may not be used on Sites which we determine (in our sole discretion) to be unsuitable. Unsuitable sites include, but are not limited to, those that:

•  promote violence

•  promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

•  promote illegal activities

•  breach intellectual property rights

3.9. Free FeedZilla Services, including Basic FeedZilla Services, are supported by advertising and include the FeedZilla logos and default links to the FeedZilla Site. You may not delete or modify the ads, links or logos without our prior express written permission.

3.10. You agree to permit Coldbrook to display your company's name, brand, site's name, logo and URL on FeedZilla' Site, in FeedZilla and Coldbrook marketing and reporting literature, profile application, and any other advertising.

3.11. You acknowledge that your rights to use our services are limited to the single Site set in your Account Details. You may change your default Site from time to time. To use our services on additional Sites, you must apply for new accounts from FeedZilla.

4.  Responsibility for your Site

4.1. You are responsible for taking all reasonable precautions to ensure that materials posted on your site do not violate or infringe upon the intellectual property rights of any third party (including, but not limited to, copyrights, trademarks or privacy).

4.2. The service contains links to Sites on the Internet which are owned and operated by Publishers (the “External Sites”). You acknowledge that Coldbrook is not responsible for the availability of any External Site.

5.  Access and Interference

You agree that you will not: (i) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, you agree to access and retrieve the content of any single feed, via any method, a maximum of once an hour; (ii) copy, reproduce, modify, create derative work from the Site without the prior expressed permission of Coldbrook or the appropriate third party; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. Coldbrook reserves the right, in its sole discretion, to block your access to the Service if we consider you are using it in excess of this provision.

6.  Termination of Service

You agree that Coldbrook, in its sole discretion, may immediately temporarily suspend, indefinitely suspend or terminate your FeedZilla account or use of the Service, including, without limitation, breaches of this Agreement or other policies attached by reference, requests by law enforcement, a request by you, reasons to think that your activities may cause financial loss or legal liability for you, our members or Coldbrook. You agree that any termination of your FeedZilla account includes deactivation and deletion of your account and all related information, files and content, and bar any further access and use of the FeedZilla Service. Further, you agree that Coldbrook shall not be liable to you or any third-party for any termination of your access to the Service.

7. Privacy

Protecting your privacy is our top concern. Except as provided in our Privacy Policy, we will never sell, lease or exchange your personal information to third parties for their marketing purposes without first obtaining your express consent. Our current Privacy Policy is available at http://www.FeedZilla.com/privacy_policy.asp . If you object to your Information being transferred or used in this way please do not use our services.

8. Third Parties

Our Site contains links to web sites operated by third parties. We, our officers, agents, affiliates, directors, employees, shareholders, suppliers or licensors disclaim all warranties for any services, goods or information received through or advertised on the Site or received through any links provided on the Site. You further acknowledge and agree that Coldbrook 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 content, goods or services available on or through third parties web sites.

9. No Warranty

You expressly understand and agree that your use of the Service is at your sole discretion and risk. We, our officers, agents, affiliates, directors, employees, shareholders, suppliers or licensors provide the Site and the FeedZilla Service "AS IS", "AS AVAILABLE" and without any warranty or condition express, implied or statutory, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the service will meet your requirements; the service will be uninterrupted, timely, secure, or error-free, and We will not be liable for the consequences of any interruptions or errors. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

10. Liability Limit

In no event shall We, our officers, agents, affiliates, directors, employees, shareholders, suppliers or licensors be liable to you or any third parties, for lost profits or any special, incidental or consequential damages arising out of or in connection with our Site, our Services or this Agreement (however arising, including negligence).

In no event our liability and the liability of our officers, agents, affiliates, directors, employees, shareholders, suppliers or licensors, to you or any third parties in any circumstances will exceed (A) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and (B) $10 USD. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

11.  Indemnity

You agree to indemnify, defend and hold us and (as applicable) our employees, directors, shareholders, officers, agents, parent, subsidiaries, affiliates and other partners, harmless from and against any lost, cost, claim, damage, liability and/or expense resulting from your use of FeedZilla Service, breach of this Agreement or violation of any law or third party's rights.

12.  Contact Information

Please send any questions or comments about this agreement to user_agreement@FeedZilla.com.

Please report any violations of the User Agreement to abuse@FeedZilla.com .