1. Relationship with NewsFeedGadget (NFG)
Unless otherwise agreed in writing, this is the NFG Terms of Service/Use (TOS), referred to below as "NFG TOS" and applies to all services provided by NFG. You agree to these terms if you use NFG for any purpose.
2. NFG Warranty/Liability
NFG content is subject to change at NFG's sole discretion and without notice. NFG content is provided 'as is' and 'as available' and your use is at your sole risk. NFG, its subsidiaries, affiliates and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.
3. Changes to Terms
NFG may make changes to the NFG TOS from time to time without notice or your consent and they will be published at http://newsfeedgadget.com/nfg/tos/. If you use NFG after the NFG TOS has changed, NFG will treat your use as acceptance of the updated NFG TOS.
4. General Terms
- 4.1 NFG services you use that are provided by another person or company may be subject to separate terms between you and the company or person. If so, the NFG TOS does not affect your legal relationship with those other companies or individuals.
- 4.2 If NFG does not exercise or enforce any legal right or remedy which is contained in the NFG TOS (or which NFG has benefit under any law), it will not be a formal waiver of NFG rights and those rights or remedies will continue to be available to NFG.
- 4.3 If any court of law having jurisdiction rules that any provision of the NFG TOS is invalid, that provision will be removed from the NFG TOS without affecting the rest of the NFG TOS whichwill continue to be valid and enforceable.
- 4.4 NFG's subsidiaries and affiliates are third party beneficiaries to the NFG TOS and are entitled to directly enforce any provision of the NFG TOS. No other person or company shall be third party beneficiaries to the NFG TOS.
- 4.5 The NFG TOS shall be governed by the laws of the State of New Mexico without regard to its conflict of laws provisions. You and NFG agree to submit to exclusive jurisdiction of courts located in the county of Santa Fe, New Mexico to resolve all legal matter arising from the NFG TOS. Notwithstanding this, you agree NFG is allowed to apply for injunctive remedies (or equivalent urgent legal relief) in any jurisdiction.
5. Google Gadgets For Your Webpage
NFG makes several pages available for use as "Google Gadgets For Your Webpage" (Gadget). Gadgets are found at http://www.google.com/ig/directory?synd=open&hl=en&gl=&q=newsfeedgadget.com. By adding a Gadget to a webpage or acting as an intermediary distributor of Gadgets, you agree to be bound by the NFG TOS and by these additional terms:
- 5.1 Compliance with "Google's Syndicated Gadgets Terms of Service for Webmasters" found at http://www.gmodules.com/webmasters/gadgets/terms.html
- 5.2 Unless prior approval is obtained from NFG, Gadget modification is limited to those settings made available by Google at each Gadget's "Add Gadget to Your Webpage" page. "Width" and "Height" shall not be less than 300px each. "Scrolling" must be set to "Yes". "Title" may not be modified in a way that attributes Gadget authorship to anyone other than NFG or besmirches NFG.
- 5.3 You may act as an intermediary, offering Gadgets for syndication to web pages controlled by third party developers. If you do so, you must provide the third party developers with these Terms of Service so they are aware of their contractual obligations to NFG. You may not structure your service to discourage compliance with these Terms.
- 5.4 We reserve the right to terminate this contract and your use of Gadgets at any time in our sole discretion, including based on violation of this agreement.
6. Frames In Your Webpage
By adding NFG within a frame to a webpage (e.g., using frameset, frame and iframe elements), you agree to be bound by the NFG TOS including, but not limited to, all terms of section 5 (above) of the NFG TOS.