PLEASE READ THIS AGREEMENT CAREFULLY.  SendMeRSS (“SendMeRSS”) is a service available at www.SendMeRSS.com that allows users to subscribe to RSS feeds that publish content using XML syndication as well as make their blogs or sites available to subscribers via the SendMeRSS RSS widget (collectively, the “Service”).  The Service is accessible to you through a personal computer, or other access device, at www.SendMeRSS.com by registering with sendMeRSS and agreeing to these Terms of Service and the Privacy Policyl.  BY USING ALL OR ANY PORTION OF THE SERVICE OR BY CREATING A USER ACCOUNT WITH SENDMERSS, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT (“AGREEMENT”). YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU AND YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT. YOU AGREE TO USE THE SERVICE IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THIS AGREEMENT. YOU ARE ALSO RESPONSIBLE FOR OBTAINING OR PROVIDING ALL TELEPHONE ACCESS LINES, TELEPHONE AND COMPUTER EQUIPMENT (INCLUDING MODEM), OR OTHER ACCESS DEVICES, NECESSARY TO ACCESS THE SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SERVICE.  SENDMERSS RESERVES THE RIGHT TO REFUSE PARTICIPATION TO ANY APPLICANT OR USER AT ANY TIME IN ITS SOLE DISCRETION. UPON NOTICE PUBLISHED THROUGH THE SERVICE OR OTHERWISE, SENDMERSS MAY MODIFY THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE SERVICE FOLLOWING SUCH MODIFICATION SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH MODIFICATION.

 

1. Password and Security.   You will receive a password after upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SendMeRSS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.  SendMeRSS shall not be liable for any loss or damage arising from your failure to comply with this Section or any use of your password or account whether authorized by you or not.Content of RSS Feeds and Links:
    
2. Content, Links and Feeds:  SendMeRSS does not monitor or otherwise review the content of the RSS feeds available via the Service.   Please be advised some of them may contain adult content.   Anyone signing up for this feed should be at least 18 years of age. Links and Frames. Content inside the RSS Feeds remains the copyright of the provider.  The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.  Emails you receive through the service may contain advertisements from a variety of third parties.   Your use of other sites or resources are governed by terms on or related to such sites or resources. Use of such sites or resources is at your own risk. Because SendMeRSS has no control over such sites and resources, you acknowledge and agree that FeedBurner is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SendMeRSS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 
3. Trademarks and Copyrights. Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of SendMeRSS or other entities. You are not authorized to use any such marks. Ownership of such trademarks and other intellectual property remains with SendMeRSS or those other entities.

 
4. SendMeRSS Syndication Widget and Content. The SendMeRSS syndication widget is owned by SendMeRSS, its licensors or providers. You may use the SendMeRSS syndication widget solely in conjunction with the Service consistent with this Agreement. You may not modify, resell, redistribute, reverse engineer or otherwise manipulate the SendMeRSS syndication widget or Service. Except as expressly provided for in this Section, you are not granted any other rights, title or interest in the SendMeRSS syndication widget or Service.  If you register your blog or site with SendMeRSS, you hereby grant to SendMeRSS a royalty-free, non-exclusive license to publicly display and distribute your content (the “Content”) in connection with the Service, and you represent and warrant that you own or have rights to provide such Content for use with the Service.

 
5.  Modifications To Service. SendMeRSS 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. You agree that SendMeRSS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 
6. Termination. You agree that SendMeRSS, in its sole discretion, may terminate your password or use of the Service, and remove and discard any content within the Service, for any reason or no reason, including, without limitation, for lack of use or if SendMeRSS believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.  SendMeRSS may also in its sole discretion, for any reason or no reason and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that SendMeRSS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SendMeRSS shall not be liable to you or any third-party for any termination of your access to the Service.

 
7. Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, CONTENT AND THE SENDMERSS SYNDICATION WIDGET IS AT YOUR OWN RISK. NEITHER SENDMERSS, ITS PARENT COMPANY, NBC UNIVERSAL, INC., ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICE, ADS OR SENDMERSS SYNDICATION WIDGET WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR SENDMERSS SYNDICATION WIDGET INCLUDING THEIR ACCURACY, RELIABILITY, QUALITY, ADEQUACY, TIMELINESS OR AUTHENTICITY. NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, QUALITY, ADEQUACY TIMELINESS OR AUTHENTICITY OF ANY ADS THAT APPEAR ON THE SERVICE ON EMAILS YOU RECEIVE THROUGH THE SERVICE OR IN CONNECTION WITH THE USE OF THE SYNDICATION WIDGET, INFORMATION, SERVICE, PRODUCTS, MERCHANDISE OR OTHER MATERIAL PURCHASED PROVIDED BY OR THROUGH THE SERVICE. THE SERVICE AND THE SENDMERSS SYNDICATION WIDGET ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SENDMERSS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE SENDMERSS SYNDICATION WIDGET, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT OR REVENUE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SENDMERSS SYNDICATION WIDGET. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION REGARDLESS OF WHETHER FEEDBURNER HAD NOTICE OF THE CAUSE OR SUCH CAUSE WAS FORESEEABLE. THESE DISCLAIMERS AND LIMITATIONS SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

 
8. SendMeRSS, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. SendMeRSS accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), NBCU has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to NBCU in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

  A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

  B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

  C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

  D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address.

  E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

  F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

1. Indemnity. You agree to defend, indemnify and hold SendMeRSS, its parent company, NBC Universal, Inc., and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners and employees harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, costs and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to SendMeRSS or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder.
2. Miscellaneous. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws and any dispute arising out of this agreement shall be brought only in either the state or Federal Courts located in New York County, New York and you expressly consent to the jurisdiction of said courts.. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Each provision of this Agreement is intended to be severable. If any term or provision hereof shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity and enforceability of the remainder of this Agreement. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under this Agreement without SendMeRSS’s prior written consent, and any attempt to do so without that consent will be void. SendMeRSS may assign this Agreement to a successor in interest in connection with a change of control, a sale of substantially all of its assets, or a merger, acquisition, public offering or other reorganization transaction. The section headings used herein are for convenience only and shall not be given any legal import. The parties shall attempt to resolve any controversy or claim arising out of or relating to the creation, performance, termination and/or breach of this Agreement in the first instance through good faith negotiation or mediation between the parties.

NBC, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the behalf of therson defamed.

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