By registering an account on the Drip Feed Blasts web site ("Site" or "Service"), a service provided by Drip Feed, LLC ("Drip Feed" or "Company"), you agree to be bound by all terms and conditions ("Terms") listed on this page (collectively, the "Agreement").
Drip Feed Blasts does not give any warranty or other assurance as to the operation, quality or functionality of the Site. Access to the Site may be interrupted, restricted or delayed for any reason. Drip Feed Blasts also does not give any warranty or other assurance as to the content of the material appearing on the Site, its accuracy, completeness, timelessness or fitness for any particular purpose. To the full extent permissible by law, Drip Feed Blasts disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Service or any material appearing on the Site, or from any action or decision taken as a result of using the Site or any such material. The Site contains links to external sites. Drip Feed Blasts is not responsible for and has no control over the content of such sites. Information on the Site, or available via hypertext link from the Site, is made available without responsibility on the part of Drip Feed Blasts. Drip Feed Blasts disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Site.
Drip Feed Blasts values the privacy of its users. Drip Feed Blasts will not provide any information about its users and/or their traffic data to any third party company for any purpose, unless required to do so by law.
You must register an account to use the Service. You agree not to share your account username and password with third parties, and to notify the Company immediately of any unauthorized usage. You are responsible for maintaining the security of your account and password. Drip Feed Blasts cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
By using the Service, you agree to allow Drip Feed Blasts to build links to your sites, via information you provide. Drip Feed Blasts may randomly use your data for internal feature development and bug fixing purposes. Otherwise, your data is treated as private and confidential, unless you elect to make it publicly accessible.
Drip Feed Blasts may cancel or delete any account, for any reason, with or without notice. If you wish to cancel your account, you must notify Drip Feed Blasts by email to email@example.com. All information associated with the account, including the account itself as well as the historical data, will be deleted.
All account levels are billed in advance on a monthly basis. All account levels automatically recur at the same day of month of which you sign up on. You can cancel your subscription at any time by contacting us, however, Drip Feed Blasts does not offer refunds for any payments already made. Your access to the Service will be deactivated without notice for failure to pay any amount due within seven (7) calendar days of the due date.
Representations and Warranties
You represent and warrant to Drip Feed Blasts that you own all right, title and interest in and to the URLs of your website(s), and you own or have rights to publish all of the content published on or through your website and the user interface of your website.The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Drip Feed Blasts and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.Drip Feed Blasts does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Drip Feed Blasts shall not be responsible for unauthorized access to or alteration of your data.
Term and Termination
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the Script from your web pages. Upon any termination of this agreement, (i) Drip Feed Blasts will cease providing the Service to you; (ii) any outstanding balance payable by you to Drip Feed Blasts will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.
THE SERVICE, THE LINKS AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE LINKS, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE, THE LINKS OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.
Limitations of Liability
THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. THE COMPANY'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USAGE OF THE SERVICE SHALL NOT EXCEED THE AGGREGATE FEES PAID BY YOU TO THE COMPANY FOR USE OF THE SERVICE.
You agree to indemnify, hold harmless and defend Drip Feed Blasts, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Drip Feed Blasts or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Drip Feed Blasts or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service. In such a case, Drip Feed Blasts will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Drip Feed Blasts reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Modifications to this Agreement
Drip Feed Blasts reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement on this web site. 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. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of the Company, (ii) you accept updated terms online, or (iii) you continue to use the Service after the Company has posted updates to the Agreement or to any policy governing the Service. Any of the following constitute your continued usage of the Service: (i) viewing any page on the Site, or (ii) logging in to your account, or (iii) viewing any of the data collected by the Service, whether viewed on the Site directly, or through another means, including, but not limited to, exported data files, and first- or third-party widgets.
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
Drip Feed Blasts shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Delaware without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Delaware law, rules, and regulations, Delaware law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Dover, Delaware. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. Any notices to the Company must be sent by email to firstname.lastname@example.org, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without the Company's prior written consent, and any such attempt is void. The relationship between Drip Feed Blasts and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.