Terms & Conditions
Thanks for choosing TrustFeed (“TrustFeed”, “we”, “us”, “our”). By signing up or otherwise using the TrustFeed service, websites, and software applications (together, the “TrustFeed Service” or “Service”), or accessing any content or material that is made available by TrustFeed through the Service (the “Content”) you are entering into a binding contract with:
71-75 Shelton Street
The Platform allows you to collect, manage and utilize UGC, including, without limitation, any and all material, text, videos, photographs and information or other data (including Reviews, as defined below) submitted by you or on your behalf or your End-Users to TrustFeed through the Platform (collectively, “Collected UGC”). Collected UGC can include opinions, product or service ratings or reviews, written expressions, in any form or media, photos and/or any works of authorship created by the End-User, you or any other third party (collectively, “Reviews(s)”) and may, subject to these Terms. These includes any Reviews that are imported through the Platform from third-party sites (“Imported Reviews”).
All the Intellectual Property Rights (as defined below) in and to the Collected UGC are your property and you shall retain all right, title and interest in connection therewith. “Intellectual Property Rights” means worldwide (a) rights associated with any patents, patent applications, patent disclosures, industrial designs, inventions and improvements (whether patentable or not), works of authorship, trademarks, service marks, logos, trade names, trade dress and goodwill rights whether or not registered, advertising and promotional material, domain names and web presence, designs and photography including copyrights and copyrightable works (including computer programs) and registrations and applications therefor, any software, algorithms, firmware, or source code, trade secrets, know-how, database rights, drawings and all other forms of intellectual property and all tangible and intangible representations and manifestations of such intellectual property (collectively, “Intellectual Property”); (b) rights analogous to those set forth in subsection (a) and any other proprietary rights relating to intangible property; and (c) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
All the Intellectual Property Rights to TrustFeed Intellectual Property, evidenced by and/or connected/related to the Platform (with the exception of the Collected UGC), including without limitation any underlying software, platforms, algorithms, technology, site design, any information, services, texts, files, Platform and product documentation, TrustFeed videos, various applications, social graphs, organization, structure, specifications, application “look and feel,” navigation, features and related content that may be created in connection with the use of or registration to the Platform and/or other proprietary materials (“TrustFeed Materials”) are the property of TrustFeed and/or its respective Affiliates and TrustFeed and/or its respective Affiliates shall retain all right, title and interest in connection therewith.
No transfer or grant of any ownership rights to any TrustFeed Intellectual Property, including, without limitation any TrustFeed Materials, is made or is to be implied by any provision of this Agreement or by any other provision contained in the Platform with respect to the TrustFeed Materials.
Subject to the terms and conditions set forth herein TrustFeed hereby grants to you, and you accept, a personal, non-exclusive, non-transferable, non-sub-licensable, limited, fully revocable license to access and make use of the Platform.
Nothing contained herein shall be construed as TrustFeed restricting your use of the Collected UGC at its discretion, subject to compliance with applicable law and the rights, if any, of the End-User or any third party. Without limiting your ownership and use of the UGC, by submitting, transmitting and/or allowing End Users to submit or transmit any UGC through the Platform, you represent any such End User has granted TrustFeed and you a nonexclusive, perpetual, irrevocable, worldwide, fully paid-up, royalty-free license for any purpose, including, without limitation to use, transfer, copy, reproduce, distribute, publicly perform, publicly display, digitally perform, modify, directly or through third parties, create derivative works of Collected UGC and otherwise use and commercially exploit any Collected UGC in any media formats. Such license will apply to any form, media, or technology now known or hereafter developed. This section does not affect any rights you may have under applicable data protection laws.
Your use of the Platform shall be limited to your own internal business use. Except as specifically permitted herein, you shall not
(i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under this Agreement with/to any other party, entity or person;
(ii) transfer, distribute, copy all or any part of the Platform and/or the TrustFeed Materials;
(iii) refer to the Platform by use of framing and/or deep-linking;
(iv) make use of the Platform or distribute any part thereof in any jurisdiction where same is illegal or where such use or distribution would subject TrustFeed or its Affiliates to any registration requirement within such jurisdiction or country;
(v) use, or encourage, promote, facilitate or instruct others to use, the Platform for any illegal, harmful or offensive use;
(vi) promote any content, products, services, or other information that may be illegal to sell or promote under any applicable law or may reasonably be perceived to be unlawful, inflammatory, offensive, or otherwise inconsistent with the spirit of TrustFeed’s services, brand or image;
(vii) transmit any viruses or other harmful, infringing, illegal, disruptive or destructive content, messages or files;
(viii) visit the Platform through unauthorized means, including without limitation any data mining, robots/bots, or similar data gathering and extraction tools to extract for re-utilization of any parts of the Platform;
(ix) distribute, publish, send, or facilitate the sending of unsolicited mass messages, promotions, advertising, or solicitations (e.g. “spam”), including commercial advertising and informational announcements (provided that you shall at all times remain free to distribute, publish, send, or facilitate the sending of unsolicited mass messages, promotions, advertising, or solicitations that do not violate the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (“CAN-SPAM”) and/or any applicable law, including, without limitation, as permitted below in Section 6);
(x) distribute, publish, send, or facilitate the sending of any inappropriate, inaccurate, misleading, fraudulent or otherwise illegal content or content which infringes Intellectual Property Rights of third parties or their right for privacy;
(xi) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Platform and/or any other software available therein or create derivative works thereof;
(xii) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform;
(xiii) remove, change or modify any trademarks from or attach any additional trademarks to the Platform;
(xiv) use the Platform in a manner that subjects any part thereof to any obligation to disclose or distribute the source code thereof and/or that may cause others to have the right to modify or create derivative works thereof; or cause them to become redistributable at no charge. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for you to access to the Platform.
(i) restricts the End Users’ use of the Review Tool to such End-Users’ personal and non-commercial use only, and
(ii) contains terms no less restrictive and protective of TrustFeed and TrustFeed’s Intellectual Property Rights as these Terms, including but not derogating from those terms set forth in Sections III, IV, VII, VIII, XII, and XIV thereto.
(iii)You represent and warrant to TrustFeed that you have obtained:
a) all necessary rights in and to the Collected UGC, including without limitation, any End-User consents, assignments, licenses, permissions and authorizations (including the waiver of any moral rights) necessary for TrustFeed to use the Reviews and any other Collected UGC for any lawful purpose.
b) End-Users’ explicit consent (i.e., opt-in) to receive after-purchase emails sent by you (via TrustFeed as a mere conduit) containing reminders to submit Reviews and containing recommendations and/or links to third party goods and/or services, as required by applicable law.
c) permissions, authorizations and licenses, if any, required by applicable law or third-party website or application terms and/or policies, for your transfer to and use by TrustFeed of your End Users’ private and personally identifiable information and any Collected UGC for the purpose of provision of the Services, sending applicable emails and recommendations, operation and improvement of the Platform, use of targeted behavioral advertisements and analysis and transfer to third parties for all of these purposes (a-c), collectively, “End User Consents and Permissions”).
As between you and TrustFeed, you are solely responsible for all customer service, order fulfillment and returns, and payment of taxes or charges associated with any products or services that you sell or market in connection with the domains you associate with the Platform, Review Tool or the Services.
You hereby acknowledge and confirm that you are solely responsible for the content of any and all messages sent to your End-Users by and/or through the Platform (“Messages”). Without limiting any of the terms and conditions contained herein, and any other obligations you may have under the CAN-SPAM Act and/or any applicable law, you shall uphold the following standards as a minimum in respect of any and all Messages:
(i) include a conspicuous identifier and a valid physical address;
(ii) include a valid return address and any additional contact information you may have;
(iii) not use or otherwise contain deceptive or misleading subject headings or other content;
(iv) in respect of advertisements and/or promotional transmissions, note in the heading and at the beginning of the transmission that the transmission is an advertisement;
(v) include a simple and user-friendly opt-out mechanism, including by email, in all transmissions; and
(vi) stop any and all transmissions to any user in the event said user opts-out or otherwise objected to receiving transmissions; and
(vii) send transmissions strictly to End Users who opted-in to receive them.
You hereby acknowledge and agree that TrustFeed merely plays a technical role in transmitting or routing Messages as a conduit, and that you shall have sole responsibility and liability for any Messages.
TrustFeed shall not be liable for any Collected UGC, and shall be entitled, under its sole discretion, to edit or remove from the Platform any Collected UGC for any reason or no reason. NOTHING IN THESE TERMS OBLIGATES TRUSTFEED TO DISPLAY ANY Collected UGC OR TO USE ANY Collected UGC AT ALL OR IN A CERTAIN MANNER.
You represent and warrant to TrustFeed that:
(a) you have, and will have at all times, all right, title and interest necessary to grant to TrustFeed any and all licenses granted by you or your End-Users or other third parties hereunder for the purposes contemplated by this Agreement, including from your End-Users or any third-party site for the use of the Collected UGC;
(b) has all necessary rights, permits and licenses under all applicable laws, rules and regulations to operate the domains you associate with the Platform, the Review Tool or the ServIces and to promote, offer for sale, and sell all products or services offered or sold in connection with such domains;
(c) any and all Collected UGC complies, and will comply at all times during the term of this Agreement, with all applicable laws, rules and regulations, and these Terms and does not and will not during the term of this Agreement infringe the rights of any third party, including any Intellectual Property Rights; and
(d) you shall comply with all applicable laws, including without limitation, CAN-SPAM.
(a) you are established in the European Economic Area (EEA);
(b) you collect Reviews and/or personal information from customers in the EEA; or
(c) you are otherwise subject to the requirements of the GDPR, TrustFeed’s collection and use of personal information of any European residents is also subject to our Data Processing Agreement. Nothing in these Terms affects any rights you may have under applicable data protection laws.
You represent and warrant that, when using the Services, you are solely responsible for complying with all applicable data protection, security and privacy laws and regulations (including, where applicable, the GDPR and the EU e-Privacy Directive/Regulation), including without limitation any notice and consent requirements.
THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY AND ALL TRUSTFEED MATERIALS, THE SERVICES (INCLUDING WITHOUT LIMITATION INSTALLATION, INTEGRATION AND IMPLEMENTATION SERVICES) AND CONTENT ARE PROVIDED BY TRUSTFEED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRUSTFEED DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TRUSTFEED DOES NOT WARRANT THAT THE TRUSTFEED MATERIALS, THE SERVICES OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRUSTFEED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE TRUSTFEED MATERIALS OR OTHER CONTENT AVAILABLE THROUGH THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE PLATFORM, TRUSTFEED’S WEBSITE, OR THE SERVICES.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. TRUSTFEED HAS NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY WHERE SUCH LIMITATIONS ARE INAPPLICABLE.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL TRUSTFEED NOR ITS RESPECTIVE AFFILIATES OR PARTNERS NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS BE RESPONSIBLE OR LIABLE, UNDER ANY LEGAL THEORY, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, FOR ANY COMPENSATORY, DIRECT OR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO THIS AGREEMENT OR THE MATTERS CONTEMPLATED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT THAT TRUSTFEED IS FOUND LIABLE OR RESPONSIBLE TO CLIENT FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE IN CONNECTION WITH THESE TERMS AND/OR THE MATTERS CONTEMPLATED HEREIN, TRUSTFEED’S AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO $200.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE A MATERIAL BARGAINED-FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY TRUSTFEED TO OFFER THE SERVICES TO YOU AND BY YOU TO USE THE SERVICES AND THE PLATFORM.
You agree to defend, indemnify and hold TrustFeed and its Affiliates and its and their respective owners, shareholders, directors, managers, officers, Affiliates, employees, attorneys, agents and representatives harmless against any losses, expenses, costs, claims, and damages, including reasonable attorneys’ fees, experts’ fees and other reasonable costs (collectively, “Losses”) arising from, incurred as a result of, or in any manner related to any third-party claim resulting or arising from:
(i) your breach of these Terms;
(ii) the Collected UGC and/or your or your End-Users’ use of the Platform or the Review Tool,
(iii) your products and/or services; and/or
(iv) your negligence, fraud, bad faith, or willful misconduct, regardless of any negligence on the part of TrustFeed.
The Website may contain links or references to third-party websites or other services that are not owned nor controlled, be it directly or indirectly, by Reppy. The Company is not connected to, has no control over, and assumes no responsibility for that content or for the practices and activities of any of those third-party websites.
TrustFeed shall not be responsible for any damage or loss incurred using, or by any involvement with the contents, goods, or services provided by these third-party websites.
Some of the content and materials available through the Platform (e.g. Reviews) may be provided by third parties. No reference made on or through the Platform to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of TrustFeed, constitutes or implies an endorsement, recommendation or favoring by TrustFeed.
Any opinions, advice, statements, content, services, offers or other information expressed or made available by such third part, are those of the respective third party author(s) or distributor(s) and do not necessarily state or reflect those of TrustFeed and TrustFeed does not endorse, promote, solicit or recommend them in any way. TrustFeed makes no warranties or representations as to, and shall have no liability for, any third party content.
TrustFeed may terminate these Terms and your access to and use of the Services immediately without notice for any reason or no reason. Upon termination by TrustFeed, you shall immediately cease using the Platform.
The following Sections shall survive termination or expiration of the Terms: III, IV, V, VII, X, XI, XIII, XV-XX
(i) The contract shall be governed by and construed in all aspects (including the formation thereof and the performance there under) according to the laws of the Republic of Ireland;
(ii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms;
(iii) you acknowledge and agree that TrustFeed has the right, at any time and for any reason, to redesign or modify the TrustFeed Materials and other elements of the Platform or any part thereof;
(iv) the Terms constitute the entire agreement between you and TrustFeed regarding the subject matter herein. TrustFeed may unilaterally change or add to the terms of these Terms at any time in its sole discretion;
(v) TrustFeed may assign this Agreement, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of TrustFeed. Any unauthorized assignment will be void and of no force or effect;
(vi) except as expressly stated herein, nothing in these Terms shall be considered as granting any rights to third parties;
(vii) the failure of TrustFeed to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by TrustFeed as to subsequent enforcement of rights or subsequent actions in the event of future breaches;
(viii) all waivers by TrustFeed must be in writing. Any waiver or failure by TrustFeed to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion;
(ix) YOU AGREE THAT YOU MUST COMMENCE ANY CAUSE OF ACTION AGAINST TRUSTFEED ARISING OUT OF OR RELATED TO THE SERVICES OR THE PLATFORM WITHIN THREE (3) MONTHS OF WHEN SUCH CAUSE OF ACTION SHOULD HAVE REASONABLY BEEN DISCOVERED. OTHERWISE, ANY SUCH CAUSE OF ACTION IS PERMANENTLY BARRED; (xi) WHERE PERMITTED BY LAW, YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST TRUSTFEED IN YOUR OWN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
You agree that any controversy or claim arising out of or relating to these Terms, or the breach thereof, or the Platform or Service shall be settled by arbitration administered in Dublin, Ireland.
If you have any questions concerning the TrustFeed Service, Policies or the Agreements, please contact us: firstname.lastname@example.org
Thank you for reading our Terms. We hope you enjoy TrustFeed