Feedster allows organizations and individuals to harness the rich quantity of information available in today's ever growing selection of RSS feeds and weblogs. Feedster, developer of the most powerful news search engine, offers the easiest and most robust way to take advantage of this timely content. Feedster allows users to subscribe to their favorite weblogs and customized updates through MyFeedster and/or through Feedster generated email alerts. To accomplish this, our users create their own subscriber accounts. To fulfill the purpose of this site, some personal information we ask for is used for communication purposes to our subscribers.
Content
The feeds displayed as search results or linked to by Feedster are developed by people over whom Feedster exercises no control. The search results that appear from Feedster's indices are indexed by Feedster’s automated system and Feedster cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using Feedster may produce search results and links to feeds that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Feedster search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by Feedster.
Other properties and services indexing Feedster’s content (feeds) are required to receive approval by Feedster prior to initiating any activity involving the content supplied by Feedster.
Personal Use Only
The Feedster Services are made available for your personal, non-commercial use only. You may not use the Feedster Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a Feedster search and reformat and display them, or mirror the Feedster home page or results pages on your Web site. You may not "meta-search" Feedster. If you want to make commercial use of the Feedster Services, you must enter into an agreement with Feedster to do so in advance. Please contact us at info AT SIGN feedster.com for more information. If you are interested in adding a Feedster search box to your web site or your company's web site, click this link. To view the Company's Privacy Policy , click here. Privacy Policy
No Automated Querying
You may not send automated queries of any sort to our sites without express permission in advance from Feedster. Note that "sending automated queries" includes, among other things:
Using any software which sends queries to our sites to determine how a website or webpage "ranks" for various queries; "meta-searching" ; and performing "offline" searches on Feedster.
Posting Material on Our Sites
Certain Sites may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content ("Postings"). You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content ("Poster"), and not Feedster. Feedster does not control the Postings and does not guarantee the accuracy, integrity or quality of any Postings.
You understand that by using the Feedster Services, you may be exposed to Postings that are offensive, indecent or objectionable. Under no circumstances will Feedster be liable in any way for any Postings, including, but not limited to, for any errors, omissions or misrepresentations in any Postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Postings. If you do choose to post content on one of our Sites, please do not do so unless you understand that your Postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your Postings. You agree that all of your Postings will comply with the requirements of this Agreement.
Changes In Terms and Conditions and Feedster Search Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Protection of Our Intellectual Property Rights
The contents of our Sites are intended for the personal, noncommercial use of our users. All materials published on the Sites, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or other third parties ("Content") are protected by copyright, trademarks, service marks, patents or other proprietary rights and laws, and owned or controlled by Feedster, or the party identified as the provider of the Content. Except as expressly authorized by Feedster, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Sites or any Content (including without limitation any software) available through the Sites.
Disclaimer of Warranties
Feedster 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 Feedster results. Feedster disclaims any responsibility for the deletion, failure to store, or untimely delivery of any information or material. Feedster disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Feedster.
THE FEEDSTER SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE FEEDSTER SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FEEDSTER 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. FEEDSTER AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FEEDSTER SERVICES. FEEDSTER AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE FEEDSTER SERVICES. FEEDSTER AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FEEDSTER SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE FEEDSTER SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE FEEDSTER SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FEEDSTER SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FEEDSTER OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE FEEDSTER 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 GOOGLE 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 FEEDSTER SERVICES, FROM INABILITY TO USE THE FEEDSTER SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FEEDSTER 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 FEEDSTER SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE FEEDSTER SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE FEEDSTER SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE FEEDSTER 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 FEEDSTER SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE FEEDSTER SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Feedster 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.
Requests for Removal of Links or Cached Materials
Feedster occasionally receives requests from people to remove links from its indices. Although Feedster reserves the right to address such requests individually, the general approach that Feedster takes reflects the following principles:
Feedster's indices consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Feedster cannot and does not screen anything made available through its indices. For each web site reflected in Feedster's indices, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, Feedster would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.
Feedster stores many web pages in its cache to retrieve for users as a back-up in case the page's server temporarily fails. Site owners may block Feedster from returning cached versions of their pages by using the NOARCHIVE meta-tag. Site owners may also request immediate removal of cached page from the Feedster Search Service. Feedster evaluates such requests for the immediate removal of cached content on a case-by-case basis and does not guarantee that every request will be granted. The steps necessary to remove cached pages, and to prevent a site from being cached and/or included in the indices are described in the Feedster Help and FAQ accessible from the home page of this site.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Feedster.
August 3, 2004 in Terms of Service | Permalink
