PostRank™

Terms of Service

By accessing and using this website and related services (the "Site") you agree to the terms and conditions described herein ("Terms of Service"). Please read them carefully and if you do not agree, then please do not access, utilize or view the Site.

PostRank Inc. and its affiliates ("PostRank" or "we" or "us") provides content and services on the Site that among other things, allow users to manage RSS feeds in a variety of ways, including providing the ability to filter and rank articles, news items and blog posts using our proprietary PostRank™ algorithm. These Terms of Service ("Agreement"), along with our Privacy Policy located at http://www.PostRank.com/privacy.html, set forth the legally binding terms of use of the Site. We may occasionally change the terms, so please check for the latest updates.

1. Eligibility

   By using the Site, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation. Your PostRank account may be deleted without warning if we have reason to believe that you do not meet eligibility requirements.

2. Password

   When you sign up for an account on our Site, you will be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password and all use of your Site profile. You agree not to use the Site profile, username or password of another PostRank account holder at any time. You agree to notify us immediately if you suspect any unauthorized use of your Site profile or access to your password.

3. Fees

   You acknowledge that we reserve the right to charge a fee for the use of the Site and related services and to change the fees from time to time in our discretion, upon notice to you at the then - current email address stored in your Site profile. Currently we do not charge any fees. If fees become applicable, we will provide you with e-mail notification and allow you the choice to continue to use the Site or not.

4. Term

   This Agreement shall remain in full force and effect while you use the Site or hold an account with PostRank. You may delete your PostRank profile and close your account at any time. We may terminate your account for any reason, effective upon sending notice to you at the then-current e-mail address in your Site profile. You understand that termination of this Agreement and your PostRank profile may involve deletion of your profile from our live databases. We will not have any liability whatsoever to you for any termination of your profile or related deletion of your information. Finally, when an account is terminated, we reserve the right to re-issue the username you had selected for the now deleted account.

5. Intellectual Property

   You acknowledge that PostRank owns all right, title and interest in and to the Site, including without limitation, the website, services, text, graphics, logos, icons, images trademarks and all underlying software and technology, including without limitation all Intellectual Property Rights. Intellectual Property Rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, nor or hereafter in force and effect worldwide. You agree that you will not refer to or attribute any information to PostRank or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any trademark of, or imply any endorsement by or relationship with, PostRank or its licensors.

6. Site Content

   By posting any Content on the Site, you hereby grant us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media or distribution method (now known or later developed) throughout the world. Additionally, by posting any Content on the Site and making your Content available to others via RSS distribution, you hereby grant to all Third Parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license to copy, display, and distribute such Content in any and all media throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Site. You should only upload Content to the Site that you are comfortable sharing with others under the terms and conditions set forth herein.

   Except for that Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under this Agreement, you agree not to (i) modify, publish, transmit, distribute, perform, sell, or create derivative works based on the Content and Site; and (ii) rent, lease, loan, or sell access to the Site; (iii) decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Site for which the source code is not provided to you. You also agree to not remove, obscure, or alter PostRank's copyright notice, trademarks, or other proprietary rights notices affixed to or contained on the Site Content. You will not interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

   Content from other users, advertisers, and other third parties is made available to you through the Site. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.

   We reserve the right to remove Content that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any account posting or hosting objectionable content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove Content that we determine in our sole discretion is primarily intended to promote a product or service.

   You agree that you will not post any Prohibited Content. Prohibited Content includes, without limitation, Content that:

   1. is offensive or promotes racism, bigotry, hatred or physical harm of any kind;
   2. harasses or advocates harassment of another person;
   3. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming,";
   4. is false or misleading or promotes, endorses or furthers illegal activities;
   5. promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law;
   6. is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
   7. contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or
   8. otherwise violates the terms of this Agreement or creates liability for us.

   You represent and warrant that: (a) you own the Content posted by you on the Site or otherwise have the right to grant the license set forth in this Agreement, and (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.

   We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any user or any other person, or create liability for us or any user.

7. Breach

   Any use of the Site in violation of this Agreement may result in, among other options, termination or suspension of your rights to use the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, PostRank profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.

8. Notices of Infringement

   PostRank prohibits the posting of any Content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. It is our policy to terminate the account of any PostRank account holder to repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content on the Site, please write to PostRank at the address shown below, providing a statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. PostRank will remove any posted Content that infringes the copyright or other intellectual property right of any person under Canadian law. PostRank's contact for submission of notices under this Section 4 is: General Counsel, PostRank Inc., 505-180 King Street South, Waterloo, Ontario Canada N2J 1P8 or info@PostRank.com.

9. Disclaimer of Warranties

   PostRank disclaims any responsibility for any harm resulting from your use of the Site or any related services. The Content and functionality on the Site is provided with the understanding that PostRank is not herein engaged in rendering professional advice and services to you. All Content and functionality on the Site is provided "as is," without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. PostRank and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the Site Content. PostRank shall have no liability or responsibility for any information published on linked web sites, contained in any Content published on the Site, or provided by third parties. Neither PostRank nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of liability. You understand and agree that you use the Site 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 use of the Site.

10. Limitation of Liability

    Under no circumstances shall PostRank be liable to any user on account of that user's use or misuse of the Site. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if PostRank has 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 Site, from inability to use the Site, or from the interruption, suspension, or termination of the Site (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

    Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of fifty Canadian dollars ($50) and the amounts you paid to us in the twelve (12) months prior to the accrual of the claim.

11. Release

    You hereby release us, our directors, officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other users, or (ii) your participation in any of our offline events.

12. Links and Third Party

    The Site may contain links to third-party websites ("Third-Party Websites") (a) placed by us as a service to those interested in this information; or (b) posted by other users. We may also place links or enable interoperability to other social networking communities ("Partner Communities") or use other means to connect the Site to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Communities, or websites linking to the Site. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

13. Resolution of Disputes

    If a dispute arises between you and PostRank, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and PostRank agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with what we outline below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Help page located at http://www.PostRank.com/help.html. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

    This Agreement shall be governed in all respects by the laws of the Province of Ontario without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against PostRank must be resolved by a court located in Toronto, Ontario, Canada except as otherwise agreed by the parties You agree to submit to the personal jurisdiction of the courts located in Toronto, Ontario, Canada for the purpose of litigating all such claims or disputes.

14. Miscellaneous

    If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. Sections 5-7, and 9-13 of this Agreement will survive any termination of this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by PostRank.

15. Questions or Comments

    If you have comments related to the PostRank Site or ideas on how to improve it, please contact us at info@PostRank.com. Please note that by doing so, you also grant PostRank permission to use and incorporate your ideas or comments into the Site (now or in the future) without further compensation.

This document was last revised January 22, 2010.