OVERVIEW
This website is operated by GMCFeed LLC. Throughout the site, the terms “we”, “us” and “our” refer to GMCFeed. GMCFeed offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
We recommend that you read these Terms of Use, furthermore, Gmcfeed may change these Terms
of Use at any time. If the Terms of Use are updated, we will send a notification and ask you to accept
them the first time you use the Service. You agree that these terms and conditions and possible
changes are legally bounding.
IF YOU DO NOT AGREE TO THESE TERMS OF USE AND/OR THE PRIVACY POLICY OR OTHER POLICIES,
GUIDELINES OR INSTRUCTIONS POSTED ON THE SERVICE, DO NOT USE THE SERVICE.
Use of the Service
1. In order to use the Service, you are required to establish a user account (an “Account”) for the
Service. If you choose, or you are provided with, a user identification code, password or any other
piece of information as part of our security procedures giving access to your Account, you must treat
such information as confidential, and you must not disclose it to any third party. User accounts are
strictly personal and individual: it is not allowed to share a user account with other individuals. We
have the right to disable any user identification code or password, whether chosen by you or allocated
by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms
of Use.
2. If you subscribe to the Service on behalf of a business, you represent to Gmcfeed that you have
the authority to bind that business and that your acceptance of this Agreement will be treated as
acceptance by that business. You further agree that Gmcfeed may use the name and logo of that
business on Gmcfeed’s website and other promotional material as a customer of the Service.
3. Minors under the age of 13 are not permitted to use the Service. If the laws of your country of
residence so permit, minor children may utilize the Service, provided that their parent or legal
guardian establishes the account, of the account is created with such parent or guardian’s approval.
If you permit your minor child or legal ward to use the Service, you hereby agree to these Terms of
Use on behalf of both yourself and your child or legal ward. You further agree that you are solely
responsible for any and all use of the Service by your child or legal ward regardless of whether such
use was authorized by you.
4. As long as you comply with this Agreement, Gmcfeed grants you a limited, revocable, nonexclusive,
non-assignable, non-sublicensable right to access and use the Service as it is intended to be
used and in accordance with this Agreement and applicable law. Gmcfeed grants you no other rights,
implied or otherwise.
5. You may not use the Service to disseminate any unlawful or other objectionable material, or to
harm others or the Service itself. For example, you must not:
(i) use the Service to harm, threaten, or harass another person, organization, or Gmcfeed;
(ii) damage, disable, overburden, or impair the Service;
(iii) resell or redistribute any part of the Service or access to the Service, including the sale or
purchase of an Account;
(iv) use or attempt to use any unauthorized means to modify, reroute, or gain access to the
Service;
(v) use any automated process or service (such as a bot, a spider, periodic caching of
information stored by Gmcfeed, or metasearching) to access or use the Service, or to copy
or scrape data from the Service; or
(vi) obtain (or try to obtain) any data from the Service, except the data that we intend to make
available to you.
User Content
6. By using the Service, you grant Gmcfeed a worldwide, irrevocable, non-exclusive, royalty free
license to use all material (including without limitation text, images and other visual material,
hereafter referred to as the “User Content”) you upload or post to the Service. The content as given
will not be shared with Third Parties except for the Parties as chosen by you. You hereby acknowledge
that all content as posted to the Service is already publicly available.
7. You may not upload or post to the Service or otherwise use in any way in connection with your use
of the Service User Content which includes any text, images or other material protected by copyright,
trademark, or any other proprietary right without the express permission of the owner of such
copyright, trademark or other proprietary right. The burden of determining that any material is not
protected by any such right is on you. You shall be solely liable for any damage resulting from any
infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your
violation of this prohibition. All trademarks and/or service marks displayed on the Service are the
exclusive property of their respective owners, and may not be used without the owner’s permission.
8. Gmcfeed does not claim ownership of the User Content. Although Gmcfeed reserves the right
to edit or remove any User Content you upload or post to the Service, we do not control or verify the
User Content that you upload or post to the Service, nor do we undertake to monitor the User Content
uploaded or posted to the Service.
9. You control who may access your User Content. When you give others access to your User Content
on the Service, you grant them free, nonexclusive permission to use, reproduce, distribute, display,
transmit, and communicate to the public such User Content solely in connection with the Service. If
the User Content includes a photograph or other digital image, you also expressly waive any and all
rights of privacy and publicity with respect to the image. If you do not want others to have those rights,
do not use the Service to share your User Content.
10. Gmcfeed may need, and you hereby grant to Gmcfeed the right, to use, modify, adapt,
reproduce, distribute, publish and display any User Content posted on the Service. These rights apply
solely to the extent necessary for the operation of the Service.
11. User Content that violates these Terms of Use or your local laws is not permitted on the Service.
Gmcfeed reserves the right to review content for the purpose of enforcing these Terms of Use. If
you share User Content on the Service in a way that infringes others’ copyrights, other intellectual
property or proprietary rights, or publicity or privacy rights, you are breaching these Terms of Use.
You represent and warrant that you have all the rights necessary for you to grant the rights in this
section and that the use of the User Content does not violate any law. We may remove your content
from the Service at any time and for any reason, including if: (i) you breach these Terms of Use; (ii) the
User Content exceeds limits on storage or file size; or (iii) we cancel or suspend your access to the
Service. Gmcfeed performs monitoring activities to ensure suitability of content as set out in these
Terms of Use, and, whether as a result of such monitoring or upon receiving notification of unsuitable
content from third parties, Gmcfeed reserves the right to remove any or all User Content from the
Service. You agree to immediately take down any Content that violates the Terms of Use, including
pursuant to a take down request from Gmcfeed. In the event that you elect not to comply with a
request from Gmcfeed to take down certain User Content, Gmcfeed reserves the right to directly
take down such Content or to disable access to the Service.
12. You are responsible for backing up the User Content that you store on the Service. We may
permanently delete your User Content from the Service if your access to the Service is suspended or
canceled. We do not have any obligation to return User Content to you after your access to the Service
has been suspended or canceled. If User Content is stored with an expiration date, we may also delete
the User Content as of that date. User Content that is deleted may be irretrievable.
13. You agree that Gmcfeed is not responsible for any Product or Professional Service that is shown
within the Service and originates from a source other than Gmcfeed. All matters concerning the
Products or Professional Services offered by Third Parties, including, but not limited to, purchase
terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and
the Third Parties. We make no warranties or representations whatsoever with regard to any Products
or Professional Services by Third Parties. You will not consider us (and we will not be construed as) a
party to such transactions, whether or not we may have received some form of revenue or other
remuneration in connection with such transactions, and we will not be liable for any costs or damages
arising out of, either directly or indirectly, you or any other person involved or related to the
transactions.
Payment
14. All functionalities and features of the Service are paid functionalities (hereafter collectively referred
to as “Functionalities”). You agree to pay the charge associated with the use of Functionalities within
30 days. We may suspend or cancel your access to the Service if we do not receive such charge on
time. Suspension or cancellation of your access to the Service for nonpayment could result in a loss
of access to and use of your Account, as well as loss of your User Content stored on the Service.
15. To pay the charges for Functionalities delivered through the Service, you will be asked to provide
a payment method at the time you sign up for such Functionalites. You can access and change your
billing account information and payment method by contacting Gmcfeed. You agree to keep your
billing account information current at all times.
16. By providing Gmcfeed with a payment method, you
(i) represent that you are authorized to use the payment method that you provided and that any
payment information you provide is true and accurate;
(ii) authorize Gmcfeed to charge you for the Functionalites using your payment method; and
(iii) authorize Gmcfeed to charge you for the Functionalities. We will bill you in advance of each billing
period and on a recurring basis. Typically, a billing period entails a month.
17. Subscription to our Service is automatically renewed each billing period. The charge for each billing
period is based on the Functionalities of the Service you use in combination with other factors
including, but not limited to, the number of imported items, number of shops and number of
channels. Calculation of the height of the charge is done automatically and can vary each billing
period. More information on pricing can be found at http://www.Gmcfeed.com/pricing. To stop your
subscription, you must cancel the Functionalities before the next billing date to avoid being billed for
the renewal. If you cancel your recurring payment option, your account will remain active until its next
renewal date. In case of such cancellation, you will not be given any refund. If you delete your account
before the end of the period for which you paid, your cancellation will take effect immediately. In case
of deletion of your account, you will not be given any refund.
18. We will provide you with an invoice via email. We will later update the Service in such a way that
you are able to view your invoices in your Account settings. If we make an error on your bill, you must
tell us within 30 days after the error first appears on your bill. We will then promptly investigate the
charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting
from the error and we will not be required to correct the error or provide a refund. If Gmcfeed has
identified a billing error, we will correct that error within 30 days.
19. When you use Functionalities from us, you agree that we may begin to provide Functionalities
immediately. You will not be entitled to a cancellation or “cooling off” period, except if the law requires
a cooling off period. Payment for Functionalities (whether these are transactions or subscriptions) is
non-refundable.
20. Gmcfeed may change the price of the Functionalities at any time and will notify you by email at
least 15 days before the price change. This does not include the change in subscription because of
the factors as stated in paragraph 17. If you do not agree to the price change, you must cancel and
stop using the Functionalities before the price change takes effect. If there is a fixed term and price
for your Functionalities offer, that price will remain in force for the term.
21. You must pay for all reasonable costs we incur to collect any past due amounts. These include
reasonable attorneys’ fees and other legal fees and costs, in event of default.
22. If Gmcfeed owes you a payment, then you agree to timely and accurately provide us with any
information we need to get that payment to you. You are responsible for any taxes and charges you
may incur as a result of this payment to you. You must also comply with any other conditions we place
on your right to any payment. If you receive a payment in error, we may reverse or require return of
the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment
to you without notice to adjust for any previous overpayment.
Intellectual Property Rights
23. All information, data, text, documents, graphics, logos, designs, images, pictures, photographs,
videos, weblogs, interactive features or other content, services or materials (or any part of them)
accessible on the Service (hereafter referred to as the “Materials”) are protected by copyright, trade
marks, database rights and other intellectual property rights and are owned by or licensed to
Gmcfeed or are otherwise used by Gmcfeed as permitted by applicable law. Nothing contained
herein shall be construed as conferring by implication, estoppel or otherwise, any license or right to
use the Materials other than as permitted in these Terms of Use. Unless you have permission from
the creator or original content supplier, you agree not to download, cache, reproduce, modify, edit,
alter or enhance any of the Materials.
24. Gmcfeed owns and retains all proprietary rights to the Service and all associated copyrights,
trademarks, brands, service marks, patents, object’s library, characters, props or other proprietary
rights under law. All of the trademarks, service marks, brand and trade names and logos appearing
on the Service are the proprietary intellectual property of the owners of such marks or names and
you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property.
25. By agreeing to use the Service you agree to receive newsletters, alerts, promotional and other
emails from Gmcfeed. You may unsubscribe from these mailing lists as required by law via the
Service.
Privacy and Security
26. We are committed to protecting your privacy and security. All personal data that we collect from
you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy,
which is incorporated into these Terms of Use by this reference, and you confirm that when using the
Service, you consent to your personal data being used and processed in accordance with our Privacy
Policy.
Disclaimers of warranty
27. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
Gmcfeed DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SERVICE WILL BE ERROR
FREE, OR THAT THE SERVICE WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL, OR THAT
TRANSMISSION OF DATA TO / FROM THE SERVICE WILL OCCUR AT ANY MINIMUM SPEED OR THAT
THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. Gmcfeed DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT ASSOCIATED
WITH OR USED IN CONNECTION WITH THE SERVICE IS FACTUAL OR ERROR-FREE OR THAT THE USE OF
SUCH MATERIAL WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. Gmcfeed RESERVES THE RIGHT
TO CORRECT ANY ERRORS ON IN THE SERVICE.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT EVERYTHING
ASSOCIATED WITH THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Gmcfeed
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE
MATERIAL CONTAINED ON THE SERVICE OR RESULTS TO BE OBTAINED FROM USING THE SERVICE.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, Gmcfeed DOES NOT MAKE ANY
REPRESENTATION ABOUT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE SERVICE.
Limitation of Liability
28. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE
USE OR THE INABILITY TO USE THE SERVICE; (B) THE USE OF ANY MATERIALS, USER CONTENT OR
OTHER MATERIAL ON THE SERVICE OR ANY WEBSITE OR WEBSITES LINKED TO THE SERVICE, (C) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU IN THE LAST TERM, IF ANY, FOR ACCESSING THE SERVICE, AND IN NO EVENT
EXCEED ONE THOUSAND EURO (€1000.00). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
SERVICE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE
DISCONTINUATION OF YOUR USE OF THE SERVICE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY
IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
29. You hereby indemnify Gmcfeed and undertake to keep Gmcfeed indemnified against any
losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any
amounts paid by Gmcfeed to a third party in settlement of a claim or dispute on the advice of
Gmcfeed legal advisors) incurred or suffered by Gmcfeed arising out of any breach by you of any
provision of these Terms of Use, or arising out of any claim that you have breached any provision of
these Terms of Use.
Third Party Links
30. The Service may contain links to or allow you to interact with and make use of other independent
third-party websites, products or services (“Third-Party Services”). Access to Third-Party Services is
provided solely as a convenience. Third-Party Services are not under Gmcfeed’s control and
Gmcfeed does not necessarily endorse the content, advertising, products, services or other
materials on or available from such Third-Party Services. Your use of any Third-Party Services may be
subject to the third-party provider’s terms and conditions and privacy policy and may involve the
disclosure or transfer of information from or about you to the third-party provider. You will need to
make your own independent judgment regarding your use of and interaction with any Third-Party
Services. You acknowledge and agree that Gmcfeed is not responsible for the availability of any
Third-Party Services and that Gmcfeed 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 you use of or interaction
with any Third-Party Services.
Termination
31. Gmcfeed may at any time and without notice terminate your Account in its sole discretion,
including, without limitation, for breach by you of any of your representations, warranties or
obligations under these Terms of Use. Gmcfeed may also suspend or terminate your access to the
Service if you have a free Account and have not accessed it for ninety (90) or more consecutive days,
in which case Gmcfeed will provide notice of any such suspension or termination at least seven (7)
working days prior to the Account being terminated.
32. You may terminate your access to the Service at any time, with or without cause. Information and
direction on how to terminate your access to the Service will be provided on request by Gmcfeed.
Upon any termination of your access to the Service: (i) your Account may be canceled and closed or
suspended and your user identification code and password shall be deactivated; (ii) all User Content
uploaded by you shall be removed from the Service;
33. Cancelation of your Account shall not relieve you of any payment obligations that may have arisen
prior to such termination, or any other obligations pursuant to any other agreement that has not been
specifically terminated.
Miscellaneous
34. All terms and conditions of these Terms of Use which are destined (whether expressed or not) to
survive the duration or termination of the agreement between Parties shall so survive.
35. These Terms of Use constitutes the final and complete expression of the Parties’ agreement and
understanding with respect to the subject matter herein and supersede all other prior agreements.
36. Your use of the Service does not give you any authority to act as an agent, legal representative or
employee of Gmcfeed or of any third party with whom Gmcfeed has a relationship, and you agree
not to represent that you are otherwise.
37. Gmcfeed may transfer, sub-contract or otherwise deal with Gmcfeed’s rights and/or obligations
under these Terms of Use without notifying you or obtaining your consent. You may not transfer, subcontract
or otherwise deal with your rights and/or obligations under these Terms of Use.
38. Should any of the provisions of these Terms of Use be determined to be null and void, invalid
and/or otherwise unenforceable, this shall in no way affect the legality, validity and/or enforceability
of the other provisions of these Terms of Use. Moreover, upon such determination of one or more
provisions of these Terms of Use being, in whole or in part, void, invalid or unenforceable, the Parties
shall negotiate in good faith in order to replace the provision in question with a valid and enforceable
provision which in its economic effect complies most with the void, invalid or unenforceable provision.
39. These Terms of Use and any renewal and/or modification thereof shall be governed by and
construed in accordance with the laws of the United States Any dispute or difference arising out of or
in connection with these Terms of Use shall be the exclusive jurisdiction of the United States courts.