You Must Agree to these Terms of Service to Use Content Syndicate (hereby referredto as ‘CS’) Services, Products or Software.
Content Syndicate Service Definition:
For purposes of these Terms of Service, the term Content Syndicate Service shall mean Content Syndicate news, content and data feeds, software (whether web based, preinstalled, on a medium or offered by download), Content Syndicate services, Content Syndicate websites (including, without limitation, www.contentsyndicate.com) and all other software, features, tools, web sites and services provided by or through CS. and its business divisions (collectively ‘Content Syndicate’) and Content Syndicate’s third-party vendors.
You agree and understand that certain Content Syndicate Service Products, features and other premium services offered by or through Content Syndicate (including services from Content Syndicate) may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing those products with your Content Syndicate Account Name or through an Content Syndicate Service or Product shall constitute a breach of these Terms of Service.
1. Grant of Limited License:
Content Syndicate and its vendors grant you a revocable, non-transferable, non-sublicensable,non-exclusive and limited license to use the Content Syndicate Services in objectcode form only on any computer or device from which you wish to access the ContentSyndicate Service and all other Content Syndicate Products (‘Content Syndicate Service’)for the sole and exclusive purposes of connecting to and using the Content Syndicate Service in accordance with these Terms of Service.
You may not sub-license, resell, redistribute, resyndicate, or charge others touse or access the service without first obtaining written permission from Content Syndicate. Content Syndicate occasionally will provide automatic upgrades to improveservices, although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Content Syndicate Service, Software or incorporate it (or any portion of it) into another product without the written consent and permission of Content Syndicate.
You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Content Syndicate Service, Product or Software. You may not modify the Content Syndicate Service, Product or Software or use it in any way not expressly authorized by these Terms of Service. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that Content Syndicate’s introduction of various technologies may not be consistent across all platforms and that the performance and features offered by Content Syndicate may vary depending on your computer and other equipment.
Content Syndicate hereby grants you, a revocable, nontransferable, nonsublicensable, nonexclusive license to our proprietary aggregation tools, delivery methods and display technology to display on your website (‘Site’) headlines, active links, source identifiers, and other information or materials, including any promotional taglines (‘Content’) that you receive from Content Syndicate through the Service provided that you do not alter, edit, delete, copy, save, cache or record in any form, any of the Content. Content Syndicate may restrict, suspend or terminate your access to any aspect or all of the Content or Service at any time without liability. Content Syndicate reserves the right to modify the Service at any time. You acknowledge
2. Service Rates:
Customer/Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that Content Syndicate may prospectively change the specified rates and charges from time to time. Any promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Term of Service:
The term of Service is one calendar month and shall automatically renew for additional monthly terms unless Content Syndicate or Subscriber cancels service in advance of the renewal date.
4. Payments and Fees:
NOTICE: All payments (advances or full) to Content Syndicate are final and non-refundable. Fees charged are nonrefundable and due in advance unless otherwise agreed in writing.
For customers who pay via credit/debit card, Content Syndicate reserves the right to charge $5.00 in the event that the card/account we have on file is declined by the issuing bank. We will send notice (to the email address we have on file for you) to you of any declined transaction and will give you 3 days to respond and update your billing information. After the final unsuccessful attempt to charge your card, we will place your account on hold pending payment.
If you pay for your Content Syndicate Service via invoice, an invoice will be generate and will be sent to you before your next due date. Payment for all invoiced accounts is due on receipt of the invoice and must be received before the due date to prevent suspension of service. (exceptions can be made with prior approval from CS). A late payment fe of 5% or $50 (whichever is greater) will be charged to all accounts that are not paid in full by their due date.
If any credit/debit card is declined by the issuing bank because the billing record at Content Syndicate shows that the card has expired, Content Syndicate reserves the right to extend the expiration date of the card in our records and re-attempt to process the credit card charge with the revised expiration date.
Establishment of this service is dependent upon receipt by Content Syndicate of payment of subscription charges and fees. Subsequent payments are due on or before the anniversary date of the month for that month’s service and will be made automatically using the credit/debit card provided by the Subscriber.
Credit/Debit cards that are declined for any reason are subject to a $2.00 declination fee. Service will be interrupted on accounts that have not been paid by their due dates. Service interrupted for nonpayment is subject to a $50 reactivation charge. Accounts that are not collectable by Content Syndicate may be turned over to an outside collection agency or our attorney for collection. If your account is turned over for collection, you agree to pay Content Syndicate a ‘Processing and Collection’ Fee of not less than $250 nor more than 30% of the amount past due, including any and all collection costs and attorney fees that are incurred.
Checks and ACH Drafts returned for any reason are subject to a $49.00 returned item charge.
5. Refund and Disputes:
All payments to Content Syndicate are non-refundable, unless otherwise agreed through a customer complaint as per the current refund policy. All overcharges or billing disputes must be reported within 7 days of the time the disputed billing occurred. If you dispute a charge to your credit card issuer that, in CS’s sole discretion is a valid charge under the provisions of the TOS and or AUP, you agree to pay Content Syndicate an ‘Administrative Fee’ of not less than $50 and not more than $150.
6. Failure to Pay:
Content Syndicate may temporarily or permanently deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection, attorney or court fees.
7. Account Cancellation:
You may cancel your service at any time, and cancellation of your service is effective on the day and time that we receive your email confirmation of cancellation- we cannot schedule cancellations for future dates. Charges are not pro-rated upon cancellation. We must receive notice of your intent to cancel your service, either by requesting cancellation using the help desk link in your account control panel or by first class, priority or registered mail delivered to the address below.
#Office No: 136, Building 16
Please include your name, address, account username AND an email address that we can send confirmation to. We are not responsible for misdirected mail or email that never reaches us.
To verify that your account has in fact been cancelled, we will send a confirmation via email to 1. the email address you list in the cancellation notice, or 2. the email address we have on file for you. NEVER attempt to cancel by phone or by email, even if you think a representative has accepted a verbal cancellation. Verbal cancellations will not be honored under any circumstances. If you cannot provide written proof of your cancellation, you are still responsible for all charges until your account is actually cancelled according to this policy.
If you do not receive the cancellation confirmation, please assume that your account has NOT been cancelled and contact us to verify so that charges do not continue to accrue. If you cancel prior to completing your first month of service, there will be no refund of any amount already paid. We do not accept cancellations unless the account is current and paid to date.
Content Syndicate has the right to terminate your subscription, your registration, license or your access to Content Syndicate Services or Products for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). Content Syndicate may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Content Syndicate Services or Products.
9. Support Boundaries:
10. Nature of Internet Services:
Customer/user of this portal acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Content Syndicate and that damages resulting from any interruption of service are difficult or impossible to ascertain. Therefore, subscriber agrees that Content Syndicate shall not be liable for any damages arising from such causes beyond the direct, exclusive and immediate control of Content Syndicate. Subscriber further acknowledges that CS’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Content Syndicate be liable for any special or consequential damages, loss or injury.
11. Disclaimer of Warranties:
Content Syndicate disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Content Syndicate SERVICES results. Content Syndicate disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Content Syndicate disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Content Syndicate SERVICES.
THE Content Syndicate SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE Content Syndicate SERVICES ARE PROVIDED ‘AS IS,’ WITH NO WARRANTIES WHATSOEVER. Content Syndicate AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Content Syndicate AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Content Syndicate SERVICES. Content Syndicate AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Content Syndicate SERVICES. Content Syndicate AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Content Syndicate SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Content Syndicate SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE Content Syndicate SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Content Syndicate SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
12. Limitation of Liability / Force Majeur:
UNDER NO CIRCUMSTANCES SHALL Content Syndicate OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON Content Syndicate SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Content Syndicate OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Content Syndicate SERVICES, FROM INABILITY TO USE THE Content Syndicate SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Content Syndicate SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Content Syndicate SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Content Syndicate SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Content Syndicate SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Content Syndicate SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Content Syndicate SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE Content Syndicate SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Content Syndicate or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Subscriber agrees that Content Syndicate may use your name, logo, website likeness and URL in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. If You wish to use CS’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (‘Branding’), You may do so, so long as such use is in compliance with this Agreement and in compliance with Content Syndicate’s current Branding use guidelines. You may not modify or change CS’s Branding in any manner.
14. Subscriber Obligation to Indemnify:
Subscriber agrees to indemnify, defend and hold Content Syndicate, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g.syndication partners, licensors, licensees, content providers, content buyers, members, investors, consultants and contractors) (collectively ‘Indemnified Person(s)’) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Service, the Site(s), and/or Your breach of any term of this Agreement.
15. Confidentially and Non-Disclosure:
Due to the proprietary nature of the Service and the valuable trade secrets of Content Syndicate contained therein, Subscriber specifically agrees not to disclose or divulge any information whatsoever about the Service or the related business practices of Content Syndicate, or direct others to do so without the prior express written consent of Content Syndicate. In the event that Subscriber violates this section, Subscriber hereby agrees to waive all rights to any judicial appeal of this section and this determination, and hereby stipulates that a court of competent jurisdiction shall enter judgment in favor of CS. Subscriber acknowledges and agrees that this section shall in no way infringe upon the rights of Content Syndicate to pursue other legal remedies or to collect other damages for additional or other legal causes of action, and that this section shall be applicable and enforceable regardless of whether Content Syndicate pursues any other such legal remedies, and regardless of the outcome of any such actions.
16. Information Rights:
Content Syndicate may retain and use for its own purposes all information Subscriber provides, including but not limited to site demographics and contact and billing information. You agree that Content Syndicate may transfer and disclose to third parties personally identifiable information about Subscriber for the purpose of approving and enabling Subscribers participation in the Service, including to third parties that reside in jurisdictions with less restrictive data laws than CS’s. Content Syndicate disclaims any and all responsibility, and will not be liable to Subscriber, however, for any disclosure of that information by any such third party. Content Syndicate may share aggregate (i.e., not personally identifiable) information with advertisers, business partners, sponsors, and other third parties. In addition, Subscriber grants Content Syndicate the right to access, index and cache the Site(s), or any portion thereof, including by automated means including Web spiders or crawlers.
17. System and Network Security:
Subscribers are prohibited from violating or attempting to violate the security of CS’s Network. Violations of system or network security may result in civil or criminal liability. Content Syndicate will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
18. Disclosure to Law Enforcement:
CS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Content Syndicate may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Content Syndicate shall have the right to terminate all service set forth in this Agreement.
19. Electronic Delivery Policy:
Content Syndicate, as an online business, transacts with most users electronically. WHEN YOU SIGN UP FOR ANY Content Syndicate SERVICE OR PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM Content Syndicate ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, ‘NOTICES’). You agree that Content Syndicate generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to Content Syndicate during registration or (2) Content Syndicate may post Notices on a welcoming screen or top page of the relevant Content Syndicate Service or Product. You agree that certain premium services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a computer with a modem connected to a communications source (telephone, wireless or broadband), an operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices or Invoices. You can retrieve an electronic copy and a printable version of the Terms of Service by cutting and pasting on the ‘Terms of Service’ posted in your Content Syndicate Client Account Center. The delivery of any Notice from Content Syndicate is effective when sent by Content Syndicate, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.
All e-mail content delivered from/by/through Content Syndicate is confidential and meant only for the intended recipient. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited. It may not be disclosed to or used by anyone other than its intended recipient, nor may it be copied in any way. If received in error please email a reply to the sender, then delete it from your system. Although this e-mail has been scanned for viruses, Content Syndicate cannot ultimately accept any responsibility for viruses and it is your responsibility to scan attachments (if any).
20. Denial of Service:
Content Syndicate reserves the right to refuse or deny service to anyone, at any time, for any reason.
All trademarks appearing on the Content Syndicate Services Products are the property of their respective owners, including, without limitation, Content Syndicate Inc.
22. Changes to the Service:
Content Syndicate has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Content Syndicate Service including, but not limited to, the software, Content, hours of availability, equipment needed for access or use, the maximum network resource that will be allotted on Content Syndicate servers and switches on your behalf either cumulatively or for any particular service or the availability of Content Syndicate Services and Products on any particular device or communications service. Content Syndicate has no obligation to provide you with notice of any such changes.
23. No Spam, Bulk Email or Bulk Instant Messages:
You may not use Content Syndicate Services or content to send unsolicited bulk communications, including through e-mail or instant messages. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about Content Syndicate subscribers from Content Syndicate Services or Products, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that Content Syndicate may take any legal and technical action against you.
24. Lawful use only:
You may use Content Syndicate Service for lawful purposes only. You may not use the Content Syndicate Service in any manner that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates any policies posted in community areas or (6) otherwise violates any law. You also may not undertake any conduct that, in Content Syndicate’s judgment, restricts or inhibits any other subscriber from using or enjoying the Content Syndicate Service.
25. Miscellaneous Provisions:
A. The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of these Terms of Service, your Content Syndicate Services and your registration with the Content Syndicate Services.
C. You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
D. A waiver by Content Syndicate of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provisionthereof.
E. Subscriber shall not transfer or assign this Agreement without the prior written consent of Content Syndicate. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
F. Content Syndicate takes no responsibility for any material input by others and not posted to the Content Syndicate Network by Content Syndicate. Content Syndicate is not responsible for the content of any other websites or sources linked to the Content Syndicate Network; links are provided as Internet navigation tools only. Content Syndicate disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
G. Content Syndicate is not responsible for any damages your business may suffer. Content Syndicate does not make implied or written warranties for any of our services. Content Syndicate denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Content Syndicate.
Last updated: June 10th, 2007.