SingleFeed Terms of Service
By using SingleFeed.com ("SingleFeed" or the "Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
SingleFeed reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.singlefeed.com/aboutus/terms.php
Violation of any of the terms below will result in the termination of your account relating to the Service (the "Account").
- Eligibility - You must be 13 years or older to use the Service. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- Information You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- SecurityYou are responsible for maintaining the security of your Account and the accompanying password (the "Password"). SingleFeed cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Legal Compliance - You are responsible for all content posted (the "Content") and activity that occurs under your account.
- 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).
Payment, Refunds, Upgrading and Downgrading Terms
- Credit Cards - A valid credit card is required for paying accounts.
- Checks - Payment by check requires prior approval by SingleFeed. SingleFeed charges a $25 processing fee for any payment that is made by check. If your account becomes past due: you will be billed a monthly finance charge of the lower of 1.5% or the highest amount permitted by applicable law; your account may be suspended or terminated for non-payment; and you will reimburse SingleFeed for any costs arising from collections activity, overdraft charges, or other costs related to your account status.
- Plan Terms - Once billing is implemented, your account will be charged at the applicable term for use of SingleFeed. For example, monthly accounts will be billed on a monthly basis. Annual accounts will be billed on an annual basis.
- Upgrades/Downgrades - An upgrade will take effect immediately and you will be billed a proated amount for your new plan. Your billing cycle will remain as is. For any downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. SingleFeed does not accept any liability for such loss.
- Refunds - The Service is billed in advance for the term specified and is non-refundable. There will be no refunds or credits for partial use of prepaid services, upgrade/downgrade refunds, or refunds for months unused with an open account.
- Taxes, Etc. - All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. All fees are charged in USD.
Cancellation and Termination
- Content - All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- Billing - If you cancel the Service before the end of your current paid term, your cancellation will take effect immediately and you will not be charged again.
- Discretionary Cancellation by SingleFeed – SingleFeed, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other SingleFeed service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. SingleFeed reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Service - SingleFeed 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.
- Pricing - Prices of all Services, including but not limited to monthly or annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to your Account page, via email notification, phone call, or other reasonable method.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- SingleFeed does not pre-screen Content, but SingleFeed and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- By providing SingleFeed with your account information (login, password, email address, FTP location) for any shopping comparison engine, you're agreeing to allow SingleFeed to login to your account, view all account information, modify any other settings deemed necessary for automated interaction and otherwise compatibility with the Servicve and/or send a data feed to that engine on your behalf.
- By providing SingleFeed with your account information (login and password) for Google Product Search, you understand that you're also providing SingleFeed access to all your information on Google under that account.
- SingleFeed will make commercially reasonable efforts to ensure products submitted through our system are submitted to the proper categories on the shopping comparison engines, but SingleFeed does not guarantee categorization.
- SingleFeed does not guarantee any particular placement or position on the shopping comparison engines.
- If enabled, SingleFeed can supply product bids to the shopping comparison engines which may cause increased spend of shopping comparison engine budgets.
- SingleFeed does not sign up for the shopping comparison engines on your behalf. Users must create accounts with any/all shopping comparison engines they are interested in using.
- SingleFeed is not responsible for any fees incurred to merchant’s shopping comparison engine accounts by but not limited to using shopping comparison engines which charge on a commission, cost per click, flat rate or other 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, SingleFeed, or any other SingleFeed service.
- SingleFeed has the right to access, index, cache or crawl the URL(s), the Content itself, or any portion thereof in connection with SingleFeed's authorized use of the Content.
- SingleFeed has the right to create its own shopping comparison engine based on feeds submitted to SingleFeed.
- SingleFeed owns the website through which the Service is offered (the "Website"), the Service, the software underlying the Website and Service and all intellectual property rights related thereto including, without limitation, the mark "SingleFeed". You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use the Service, or access to the Service without the express written permission by SingleFeed.
- You shall not post any Content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service ("Offending Content"). SingleFeed has the right (but not the obligation) to remove any Content that it deems, in its sole discretion, to be Offending Content. You agree to indemnify, defend and hold SingleFeed harmless against all claims, damages, losses, settlementsand expenses (including attorney fees) that result from your posting of Offending Content.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any SingleFeed customer, employee, member, or officer will result in immediate termination of your Account.
- You understand that the technical processing and transmission of the Service, including your Content, 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.
- You must not transmit any worms or viruses or any code of a destructive nature.
- By utilizing SingleFeed's tracking technology, you understand that you will be providing SingleFeed access to information about the traffic and sales generated from your shopping engine campaigns. SingleFeed will use this information to generate performance statistics to report back to you in a meaningful manner. SingleFeed may include your data in aggregate statistics that represent performance across all of SingleFeed's customers, and share this data publicly, but without any personally identifiable information about your customers or information that attributes any subset of this data to your individual company. SingleFeed will not share any tracking information that can be attributed to your company with any 3rd parties without your explicit consent.
- YOUR USE OF THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. SINGLEFEED HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
- SINGLEFEED WILL NOT BE LIABLE FOR ANY LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, EVEN IF SINGLEFEED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. IN ANY EVENT, SINGLEFEED'S MAXIMUM LIABIILITY IN CONNECTION WITH YOUR USE OF THE SERVICE WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO SINGLEFEED FOR THE SERVICE DURING THE PRIOR TWELVE (12) MONTH PERIOD.
- These Terms of Service constitutes the entire agreement between you and SingleFeed and govern your use of the Service, superseding any prior agreements between you and SingleFeed (including, but not limited to, any prior versions of the Terms of Service).
- These Terms of Service will be governed by the laws of the State of California (except that body of law controlling conflicts of law). Any dispute relating to the terms, interpretation or performance of this Agreement shall be heard in (and only in) the federal and state courts located in San Mateo County, California.
- The failure of SingleFeed to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
- Questions about the Terms of Service should be sent to support at SingleFeed dot com.