These Terms and Conditions describe the agreement made between us ("RSS WIZ") and the users of our service, hereafter referred to as the End-User License agreement (EULA).
BY INSTALLING OUR SERVICE ON YOUR SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT BELOW. READ THE AGREEMENT CAREFULLY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO USE OF THE SERVICE. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT INSTALL THE CODE ON YOUR SITE.
RSSWIZ END USER LICENSE AGREEMENT FOR OUR FREE RSS SERVICE
1. ACCEPTANCE OF TERMS OF SERVICE AND APPLICATION
The RSS WIZ service ("Service") is owned and operated by RSS WIZ and is provided to you as an entity ("End User") under the terms and conditions of this End User License Agreement ("EULA"), which includes operating rules or policies that may be published by RSS WIZ from time to time. RSS WIZ reserves the right to cancel the service or terminate an EULA in sole discretion at any time if an applicant's site or activities are unsuitable. "Unsuitable" sites include, without limitation, those sites that RSS WIZ believes: (1) promote abusive, threatening, hateful, harmful, harassing or violent behavior; (2) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (3) promote illegal activities or fail to comply with applicable law; or (4) violate the intellectual property rights of third parties; or (5) have the potential to interfere with the use, enjoyment, deployment or operation of the RSS WIZ service or system.
2. THE SERVICE
Description of Service. RSS WIZ will provide End User with the capability to fetch and parse RSS data, and/or any other licensed, sub-licensed, proprietary or otherwise database, with their own formatting and brand identity via the World Wide Web on RSS WIZ's system.
Service Content. End User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to End User by RSS WIZ or by RSS WIZ's suppliers pursuant to the Service ("Content"), may be protected under the intellectual property laws; therefore, End User is only permitted to use this Content as expressly authorized by RSS WIZ.
Content Disclaimer. RSS WIZ fetches content from third-party web sites. All the content are created entirely by other parties and are solely the responsibility of such other parties. Consequently, RSS WIZ cannot, and does not, represent or warrant the reliability, accuracy, and truthfulness of that content. In addition, RSS WIZ has no control over whether that content is of a nature that users will find inoffensive, tasteful and otherwise acceptable. RSS WIZ has no responsibility for such content and is providing access to such content as a service. End-User bears all risk associated with any content accessed through the aforementioned service. Your accessing of any content through the service is subject to your agreement to these terms and conditions. If you proceed to use the service, you thereby agree to be bound by these terms and conditions.
3. LICENSE, RESTRICTIONS
License Grant. Subject to the terms and conditions of the EULA, RSS WIZ grants to End User a non-exclusive, non-transferable, limited license to use the Service during the term of this EULA.
Restrictions. End User agrees not to do any of the following: (a) copy the Content, except as specifically described in this Agreement; (b) translate the Content; (c) merge the Content with another program or modify Content; (d) sublicense, rent, or lease any portion of the Content of for any purposes other than those set forth in this Section 3.
4. MODIFICATIONS
Modifications to EULA. RSS WIZ may change the terms and conditions of the EULA at any time. End User agrees that its continued use of the Service after the change of the terms constitutes End User's acceptance of such changed terms.
Modifications to the Service. RSS WIZ reserves the right to modify or discontinue the Service, or any portion thereof, at any time, with or without notice to End User. RSS WIZ shall not be liable to End User or any third party should RSS WIZ exercise its right to modify or discontinue the Service.
5. DISCLAIMER OF RSS WIZ WARRANTIES
RSS WIZ PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND END USER USES SUCH SERVICE AT ITS SOLE RISK. RSS WIZ MAKES NO WARRANTY THAT THE SERVICE WILL MEET END USER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES RSS WIZ MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. RSS WIZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. END USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT END USER'S OWN DISCRETION AND RISK AND THAT END USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO END USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. RSS WIZ MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY END USER FROM RSS WIZ SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
6. LIMITATION OF LIABILITY
RSS WIZ WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF RSS WIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. BANDWIDTH LIMITATIONS
RSS WIZ has set no fixed upper limit on the number of requests an End User may send or receive through the Service; however, RSS WIZ retains the right, at RSS WIZ's sole discretion, to determine whether or not End User's conduct is consistent with the letter and spirit of the EULA and may terminate Service if RSS WIZ determines in its sole discretion that End User's conduct is inconsistent with the EULA.
8. END USER CONDUCT AND WARRANTIES
End User assumes sole responsibility for its conduct and the contents of its transmissions through the Service. End User expressly covenants, represents, and warrants that, during the term of the EULA, End User will: (a) comply with all applicable local, regional, national and international laws and regulations; (b) comply with all Internet regulations, policies and procedures; use the Service for no illegal purposes; (c) comply with all regulations, policies and procedures of networks connected to the Service; (d) not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, pornographic, hateful or otherwise objectionable material of any kind or nature. (e) not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, regional, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited; (f) not interfere with another End User's use and enjoyment of the Service or another entity's use and enjoyment of similar services; (g) provide to RSS WIZ complete, accurate and current information whenever End User is required to provide information to RSS WIZ and (h) possess the requisite title, authority and capacity to enter into or perform its obligations hereunder.
9. INDEMNIFICATION
End User agrees to indemnify, defend (at RSS WIZ's request), and hold RSS WIZ, its parents, subsidiaries, affiliates, officers, employees, agents, contractors and suppliers harmless from any claim, suit, action, expense or demand, including without limitation all claims for damages, fees or costs (including reasonable attorneys' fees) made or brought by any third party due to or arising out of: (a) End User's use of the Service or any part thereof; (b) the violation by End User of this EULA or any provision therein (including warranties, representations or covenants); (c) the infringement or misappropriation by End User of any Intellectual Property Rights of any person or entity.
10. TERM AND TERMINATION
The term of the license granted pursuant to Section 3 shall commence at such time as End User receives from RSS WIZ the code to use the Service and shall continue unless terminated as set forth in this Section 10.
Either End User or RSS WIZ may terminate the Service with or without cause at any time, effective immediately upon written notice to the other party. RSS WIZ shall not be liable to End User or any third party for termination of Service. Effect of Termination. Upon termination of the Service, End User's right and license to use the Service immediately cease. End User shall have no right and RSS WIZ will have no obligation thereafter to provide services specified under this EULA to End User or any third party.
11. NOTICE
All notices to a party shall be in writing and shall be made via email. RSS WIZ may broadcast notices or messages through the Service to inform End User of changes to the EULA, the Service, or other matters of importance; such broadcasts shall constitute notice to End User.
12. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
End User may enter into correspondence with or participate in promotions of advertisers showing their products on the Service ("Advertisers"). Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding End User and such Advertiser. RSS WIZ assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. GENERAL
Assignment. No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, RSS WIZ shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise.
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
No Agency. Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
Severability. If any provision(s) of the EULA is held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Waiver. Any waiver (express or implied) by either party of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party
Statute of Limitations. End User and RSS WIZ agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently null, void and invalid.
Entire Agreement. This EULA comprises the entire agreement between End User and RSS WIZ and supersedes all prior agreements between the parties, both written and oral, regarding the subject matter contained herein.
