Terms of Service
Thanks for using Feedsy.
By using Feedsy you agree to the following terms of service, which you should read carefully.
1. Intellectual property
We and our licensors own all intellectual property in the Content and Feedsy Products including any updates, enhancements and new features we or our licensors may provide.
We give you a limited personal, non-assignable and non-exclusive licence to use the selected Feedsy Channels and the FeedsyCentre and any other software provided to you by us in relation to the Feedsy Channels and the FeedsyCentre. You may not copy, modify, distribute, sell or lease any part of our licensor’s or our intellectual property unless we inform you otherwise.
2. Distribution of our Content (General)
We give you a limited personal, non assignable, non exclusive licence to use the Content that we provide you for the purposes of publishing it in the form of the Story as it was provided, and distributing it via Feedsy Channels. If the Content has been published or distributed on the Feedsy Channels, you and your Subscribers may re-send or re-distribute this Content using the sharing features contained on the Feedsy Channels. However, you must not post or distribute any Content in any other way.
3. Distribution of our Content (Images)
Image Content provided in a Feedsy Story may not be used separately in a form different from the form in which they appear in the Feedsy Story, or for any other purposes by you. You must not edit any Image Content or manipulate or deal with them in any way other than in exactly the same form as provided to you in the Feedsy Story, and then only as permitted under these terms. The only exception to this term is that you are able to use brand graphics that Feedsy has generated and provided for you specifically and which contains your own brand.
4. Distribution of our Content (RSS feed)
All of, part and unedited Story content can be directly fed from your FeedsyWeb’s RSS and displayed on your own website. However you are not entitled to distribute or communicate Feedsy Story content using other means, including editing or copy-and-pasting any Feedsy Story content into any website external to your FeedsyWeb such as your own website or social media.
5. Distribution of your own Content
You may add your own Content on the FeedsyCentre to also be distributed via your FeedsyCentre. You are solely responsible for your own Content and the consequences of submitting, publishing and distributing your content on your Feedsy Channels via your FeedsyCentre. This means that you should ensure that the downloading, copying and use of your content will not infringe the proprietary rights of any third party.
You will continue to own all intellectual property rights that you own in any Content that you publish or distribute via the Feedsy Channels. However, you grant us, and must ensure that your Subscribers grant us, a worldwide and royalty free licence to use, store, reproduce, communicate, publish, display or distribute such content in an anonymous manner. This continues even if you or your Subscribers no longer use the Feedsy Channels. We will only use this Content for the purposes of operating, promoting and improving our Feedsy Products and developing other similar products. This means, for example, that we might use this information to compile information for use in marketing our products or to make improvements to our products.
Please make sure you, are legally able to grant us this licence and let us know if you are not.
4. Prohibited uses
You agree that you will only use the Feedsy Products and any Content for lawful purposes. You are responsible for anything you publish or distribute, using the Feedsy Products. You warrant that anything you publish or distribute in the FeedsyCentre or the Feedsy Channels does not and will not violate any law or infringe the rights of any third party.
We may remove from the Feedsy Channels and FeedsyCentre or refuse to display anything that we think is inappropriate.
5. Changes to and breaches of these terms
We may change these terms of service at any time. Before changing the terms we will try to give you notice of such change by way of update, although again this may not always be possible. If you continue to use any of the Feedsy Products after the change takes effect, you are taken to have agreed to the new terms of service. If you do not agree with the new terms of service then you must terminate your use of the Feedsy Products and notify us in writing before the changes take effect.
If you do not comply with these terms, or we if reasonably suspect that you have not complied with these terms, we may suspend or cancel any or all Feedsy Channels or your access to the FeedsyCentre or take action against you.
6. Security and integrity
You must not violate the security of the Feedsy Products in any way. We may suspend or cancel the Feedsy Products or your access to the Feedsy Products if we suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include:
- attempting to gain unauthorised access to any part of a Feedsy Product you were not intended to have access to;
- sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data); or
- using any feature of the Feedsy Channels, FeedsyCentre or any other means to send commercial correspondence to any person except as allowed under these terms.
7. Information for personal, non commercial use only
You agree that information or material contained on your Feedsy Channels or FeedsyCentre, including any Content, is for your Subscribers’ personal use and enjoyment only and must not be sold, redistributed or used for any commercial or non personal purpose.
8. Information you provide to us
When you use Feedsy you may send personal information to us. We will use, store and handle this information in accordance with the applicable requirements of the Privacy Act 1988 (Cth). We will only use the information for purposes that you have consented to when it was given to us. You represent and warrant to us that you have the necessary consents for the necessary purposes from your subscribers in providing their personal information to us.
9. No financial or other advice
We make no representations or warranties in relation to any of the Content or information contained in the FeedsyCentre or provided by us, and the provision of that Content or information by us is not an endorsement of that Content or information.
Any Content provided in the Feedsy Channels or FeedsyCentre is provided for informational purposes only without any express or implied warranty of any kind. The Content is not intended to be and does not constitute financial advice or any other advice. The Content provided in the Feedsy Channels or FeedsyCentre is general in nature and is not specific to any individual. You must ensure that your Subscribers are aware of these limitations on the Content and ensure that your Subscribers do not make any decision whether financial or otherwise based on any content or any other information published or distributed through the Feedsy Channels or FeedsyCentre without first obtaining their own professional advice.
You understand and must ensure that your Subscribers understand that any use or reliance on any Content published or distributed through the Feedsy Channels or FeedsyCentre is at their own risk.
These terms of service commence on the date you subscribe and make payment for the Feedsy Channels and continue until three months after that date. These terms will expire after that period unless you agree to continue to use the Feedsy Channels in which case the terms will automatically renew upon you making payment for any further periods.
We may terminate these terms of service for any reason by notice to you. If we terminate these terms we will refund to you any amounts you have paid in advance for access to the Feedsy Products that have not been realised. However, if we terminate these terms due to a breach by you, you will not receive any refund.
If these terms of service are terminated or expire you will no longer have access to the Feedsy Products.
You agree to indemnify us, defend us and hold us (our principals, employees and agents) harmless from and against all claims, liabilities, losses or expenses (including reasonable legal fees on a full indemnity basis) that arise from:
- any violation of these terms by you or any of your Subscribers;
- any violation of any rights of a third party by you or any of your Subscribers;
- any violation of any applicable law by you or any of your subscribers;
- you or your Subscribers use of any Feedsy Products or any Content; and
- any information or material that you or your Subscribers publish or distribute on or through any Feedsy Product.
By accessing and using the Feedsy Channels, you and your Subscribers assume all risks associated with such access and use. Please note that there are many factors beyond our control that may affect the performance or compatibility of the Feedsy Channels with certain hardware or software. We cannot promise that your use or your Subscribers’ of the Feedsy Channels will be uninterrupted or error or defect free, or that errors or defects in the Feedsy Products will be corrected.
To the maximum extent permitted by law, we (and our principals, employees and agents) do not accept any liability for, and you agree to release us from any claim in relation to any loss, howsoever caused, suffered or incurred by you or your Subscribers arising from your or your Subscribers’ use of any Feedsy Channel and any liability we owe is limited, to the maximum extent permitted under law, to the amount you paid to use any Feedsy Product, or (if we choose) us providing the service again.
13. Additional fees
If you need to add additional admin users to your account or make changes to the (i) opening splashscreen graphics and/or (ii) welcome story branded graphic and/or (iii) app name after you approve your Preview App, there will be additional fees to be paid online before the changes are made.
The links and fees to do so are here.
Please note: there are no fees to change non-branded text or details in your Feedsy Products or branded elements of your FeedsyCentre, FeedsyMail or FeedsyWeb.
14. Definitions and Feedsy Product descriptions
Content - is headline text, text, photos, images, videos, interactive elements (eg surveys) that originate on the FeedsyCentre, are published in Stories to Feedsy Channels and possibly shared by email or social media.
Click - is when a subscriber clicks on a link in an opened FeedsyMail.
FeedsyApps – is a white label iOS and Android app that we provide to you with our customised app icon, splash loading screen, header colour and company information pages to suit your business and its branding. The app is designed to regularly receive content from the FeedsyCentre. Both an Apple iOS and Android app will be published and be freely available on the Apple App Store and Google Play shop respectively.
FeedsyCentre - is the login secured dashboard of your FeedsyWeb that is setup by Feedsy and accessed by a secure dashboard for the collating, adding and selection of stories to publish to display in Feedsy Channels.
Feedsy Channels – is all current and future distribution channels including but not limited to FeedsyApps, FeedsyMail and FeedsyWeb,
FeedsyList – is the list of email address, first name and last name (optional) of your intended recipients of your FeedsyMails. A spreadsheet file is available for you to provide these contact details to us by uploading to an online form and Feedsy is not responsible for any breach in privacy if the FeedsyList is not supplied to us in this way (eg by email). It is your responsibility to ensure that your recipients have opted-in to receive communications such as FeedsyMail from you. These contact details are stored in your FeedsyMail HQ.
FeedsyMail HQ - is the dashboard for your FeedsyMail and contains the contact details and FeedsyMail reading activity of your FeedsyList.
Feedsy Products – is all current and future Feedsy Channels and backend administration dashboards and tools including but not limited to FeedsyCentre, FeedsyMail, FeedsyMail HQ and FeedsyList.
A subscriber form and links are displayed to promote your FeedsyMail and FeedsyApps if applicable.
The URL of this website is a subdomain of feedsynews.com (eg yourname.feedsynews.com) and we provide instructions on how you set-up your own vanity subdomain (eg news.yourdomain.com.au)
Preview App - is a HTML mobile website version of your FeedsyApps that is first created for you to preview and approve Feedsy before your Android and iOS apps are published in the respective app stores. Whilst the Preview App is designed to closely resembles the final FeedsyApp, there will be some minor differences.
Open - is when a subscriber opens a FeedsyMail message in their email browser.
Shared - Stories can be shared by email or social media channels from within the Feedsy Channels themselves or in external browsers by copying and pasting the unique URL of a story.
Story - a single article or blog post containing Content created by you or Feedsy.
Subscribers – are anybody who has downloaded your free FeedsyApps from the Apple App Store or GooglePlay Marketplace, or is on your FeedsyList including without limitation any of your clients or target clients.
Active Subscribers - are the contacts in your FeedsyMail HQ currently opted-in to receive FeedsyMails from you.
Bounced Subscribers - are the contacts in your FeedsyMail HQ with incorrect or non-valid email addresses and therefore do NOT receive FeedsyMails from you.
Deleted Subscribers - are the deleted contacts in your FeedsyMail HQ and do NOT receive FeedsyMails from you.
Unsubscribed Subscribers - are the contacts in your FeedsyMail HQ currently opted-out to NOT receive FeedsyMail from you.
Last updated: 5 July, 2015