PLEASE READ CAREFULLY. BY USING ANY SERVICES OF THE FEEDSWEEP SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY
The FeedSweep website and widget service ("Service") is provided by ToolButton Inc ("TB"), located at Suite 104, 4207 - 98 Street
- You must be 13 years or older to use this Service.
- 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
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You are responsible for maintaining the security of your account and password. TB cannot and will not be liable for any loss or damage from
your failure to comply with this security obligation.
- You cannot resell or charge a fee for this Service to a third party.
- You may not use the Service for any purpose intended to derive income without TB's prior, express written permission.
- 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).
- You may not use the Service for any purpose that constitutes, promotes, or is used primarily as spyware, adware, or other malicious programs
- 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.
- TB 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.
- By creating, registering or embedding Widgets on your website or blog, you hereby grant to TB 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.
- In the event that any third party offers to acquire your Widget from you, you shall notify TB of such offer and TB shall have a right of first
refusal to purchase your Widget.
- 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.
- 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.
- TB charges a fee for certain levels of Service ("Fee-based Plans") and may change this fee at any time effective immediately upon notice.
- If you choose not to purchase a Fee-based Plan, your Widget will automatically display advertisements ("Ad-based Plan) whereby TB 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 TB, unless otherwise agreed upon in writing.
- You may opt in to TB'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 TB.
- Under a Revshare-based Plan, TB shall pay you a share ("Revenue Share") of earned Net Revenue, which is the revenue actually received by TB 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.
- TB may adjust Revenue Share payable to you by ignoring click-throughs, and/or withholding payments, or crediting back payments made to you
if TB, in its sole reasonable discretion believes that such click-throughs, downloads and/or payments are fraudulent or invalid in nature or
- TB 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, TB 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), TB 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 TB must
be submitted to TB 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 TB, and no other records will be deemed relevant for payment calculations or determinations.
- You must provide to TB 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.
- You have no obligation to continue under any Plan and you may change your plan from month to month.
MODIFICATIONS OF THE SERVICE
- TB 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.
- TB 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.
any such changes shall constitute your consent to such changes.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
- 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.
- 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 TB.
- TB 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.
- 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.
- TB 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.
- You understand and accept that by creating an account and using the Service you may receive email communications from TB (news, upgrades, etc).
- Except as explicitly stated otherwise, legal notices will be served on TB'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.
- TB 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 TB has no special relationship
with or fiduciary duty to you.
- 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 TB 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.
- This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TB without
- 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.
- You agree that TB, 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 TB 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 April 22, 2009.