IBLOG.COM TERMS OF SERVICE
This IBlog.com Terms of Service (“Agreement”) constitutes a legal agreement between you (“You”) and IBlog.com (“IBlog”) regarding Your use of the IBlog.com website (“Site”). IBlog and You may be referred to individually as a “Party” and collectively as the “Parties.”
You are only authorized to access this Site, create, publish, edit, or comment on blogs, or use the information, links, materials, products and/or services (collectively, the “Services”) offered on the Site (regardless of whether Your access or use is intended) if You agree to abide by all applicable laws and to this Agreement. Some of the Services offered on the Site may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into this Agreement by reference. In the event of an inconsistency between this Agreement and any additional posted conditions, the provisions of the additional posted conditions shall control.
Please read this Agreement carefully and save it. If You do not agree with it, You should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to: info [at] IBlog.com.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
- Your IBlog.com Account and Site. If You create a blog on the Site, You are responsible for maintaining the security of Your account and blog, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. If you operate a blog, comment on a blog, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. You must immediately notify IBlog of any unauthorized uses of Your blog, Your account or any other breaches of security. IBlog will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- By submitting Content to IBlog for inclusion on Yourblog within the Site, you grant IBlog a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. Furthermore, for free blogs, You authorize IBlog to insert advertisements into Content published on Your blog within the Site, without any rights to any compensation for such use. If you delete Content, IBlog will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Payment & Renewal
3.1. Optional paid services such as extra storage are available on the Site (any such services, an “Upgrade”). By selecting an Upgrade You agree to pay IBlog the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day You sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.3.2. Unless You notify IBlog in writing before the end of the applicable subscription period that You want to cancel an Upgrade, Your Upgrade subscription will automatically renew and You authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for You. Upgrades can be canceled at any time in the Upgrades section of Your account’s dashboard.
- Attribution. IBlog reserves the right to display attribution links such as ‘Blog at IBlog.com,’ theme author, and font attribution in Your blog footer or toolbar. Footer credits and the IBlog.com toolbar may not be altered or removed regardless of upgrades purchased.
- Keyword Restrictions. You must not describe or assign keywords to Your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and IBlog may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause IBlogliability.
- Responsibility of Contributors. By making Content available, You represent and warrant that:6.1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;6.2. if Your employer has rights to intellectual property You create, You have either (i) received permission from Your employer to post or make available the Content, including but not limited to any software, or (ii) secured from Your employer a waiver as to all rights in or to the Content;
6.3. You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
6.4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
6.5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
6.6. the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
6.7. Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
6.8. Your blog is not named in a manner that misleads Your readers into thinking that You are another person or company. For example, Your blog’s URL or name is not the name of a person other than Yourself or company other than Your own; and
6.9. You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by IBlog or otherwise.
ASSIGNMENT:IBlog may assign this Agreement at any time to anyone without notice. You may not assign this agreement without IBlog’s written consent. Any attempt by You to assign this Agreement without such consent will be null and void and may result in this Agreement being void, at IBlog’s sole discretion.
ATTORNEY’S FEES:In the event that You are found to be in default or breach of this Agreement by arbitration or a court of competent jurisdiction, You shall be liable to pay all reasonable attorney’s fees, arbitration and court costs, and other reasonably related collection costs and expenses incurred by IBlog in enforcing its rights hereunder.
CONFIDENTIALITY:In connection with this Agreement, You may receive or have access to commercially or personally valuable technical and non-technical confidential or proprietary information (“Confidential Information”) of IBlog and/or its advertisers, licensors or suppliers (collectively the “Disclosing Parties”). Confidential Information includes all information, whether oral or written, relating to the business of a Disclosing Party that is not generally known or available to others, including, without limitation, current and proposed business information (including operations, planning, strategies, prospects, marketing interests, and products); technology information (including research, development, procedures, data, and designs); prototypes; computer programs; source code and documentation for software; technical drawings; algorithms; know-how; formulas; processes; ideas; inventions; schematics; financial information (including pricing); customer and vendor lists; the terms of any agreement entered into between the Parties and the discussions, negotiations and proposals related thereto; and information acquired during any facilities tours, regardless of whether it may be protected by patent, copyright or trademark law. You acknowledge and agree that any Confidential Information received or obtained from this Site and/or a Disclosing Party will be the sole and exclusive property of the Disclosing Party and may not be used, disseminated or disclosed except as may be necessary to perform the obligations required under this Agreement or as may be required by law or court order. When required by law or court order, You will give the Disclosing Party prompt written notice of such required disclosure in order to afford the Disclosing Party an opportunity to seek a protective order or other legal remedy to prevent the disclosure, and shall reasonably cooperate with the Disclosing Party’s efforts to secure such a protective order or other legal remedy to prevent the disclosure. If the Disclosing Party cannot obtain a protective order or other legal remedy to prevent the disclosure as required by law or court order, then You may disclose the Confidential Information without liability, but must limit such disclosure only to that Confidential Information required by law.Notwithstanding the foregoing, the confidentiality obligations set forth herein shall not apply to any portion of any information which: (1) is now in the public domain, or hereafter enters the public domain through no action by You or any of Your representatives; (2) can be shown to have been known by You or Your representatives at the time it was received; (3) is furnished by any non-party to this Agreement to You, without violation of any restriction on disclosure of such content; or (4) is independently developed by You without reference to any Confidential Information of a Disclosing Party. Upon termination of this Agreement for any reason, or upon a Disclosing Party’s written request, You shall either return the Confidential Information to the Disclosing Party or destroy all Confidential Information and shall certify in writing to the Disclosing Party that all Confidential Information has been returned or destroyed. This section is severable and shall survive any termination or expiration of this Agreement.
CONTENT:You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. IBlog has the right, but not the obligation, to remove any content that may, in its sole discretion, violate this Agreement or that is otherwise objectionable.IBlog will have no obligation to provide a refund of any amounts previously paid related to such removal.
DISCLAIMER OF WARRANTIES:YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW, ALL SERVICES PROVIDED BY IBLOG AND/OR ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS PROVIDED” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO AVAILABILITY OF THE SITE OR SERVICES, COMPLETENESS, ACCURACY OR TIMELINESS OF INFORMATION, NON-INFRINGEMENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, AND SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. IBLOG DOES NOT REPRESENT THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR, BUG OR VIRUS FREE AND IBLOG SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, ACCESS DELAYS, INTERRUPTIONS, DELIVERY, NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, AND/OR OTHER EVENTS BEYOND IBLOG’S REASONABLE CONTROL.YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE AND/OR ACCESS TO THE SITE AND/OR SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE AND/OR IBLOG SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ENTIRE AGREEMENT:This Agreement sets forth the entire understanding and agreement of the Parties and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the Parties as to the subject matter of this Agreement. You may not amend this Agreement unless mutually agreed upon with IBlog, set forth in writing, and signed by both parties.IBlog, at its sole discretion, may modify the terms of this Agreement and/or the operation of the Site, at anytime without notice to You.Any updates, revisions, supplements, modifications or amendments to this Agreement shall be effective immediately upon its posting on the Site and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made. You agree that you will continue to be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, if you continue to use the Site after, the updates, revisions, supplements, modifications or amendments have been posted.
FORCE MAJEURE: Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within ten (10) business days of such event or occurrence.
GOVERNING LAW:This Agreement shall be governed by the laws of the State of California without giving effect to principles of conflict of laws, thereunder, as if the Agreement was a contract wholly entered into and wholly performed within the State of California. Any action to enforce this Agreement or any matter relating to Your use of the Site and/or Services shall be brought exclusively in the Superior Court in Orange County, California, or if there is no jurisdiction in such court, then in the United States District Court for the Central District of California, Southern Division.Each party shall comply with all applicable laws, rules, and regulations, if any, required in performing its obligations under the Agreement.
INDEMNITY:Youagree to defend, indemnify, release and hold harmless IBlog and its parent, subsidiaries and affiliated companies and their respective agents, directors, employees, independent contractors, members, officers, representatives and shareholders (collectively the “Indemnified Parties”) from and against any and all causes of action, claims, demands, investigations, or other proceedings, including, but not limited to, costs, damages, expenses, judgments,losses, and liabilities (including reasonable attorneys’ fees) related to or arising out of the Services and/or this Agreement brought by any third party against any of the Indemnified Parties (collectively, a “Claim”), to the extent that the Claim is related to: (1)any false advertising; (2) infringement, misappropriation, misrepresentation or violation of the rights of any third party, including, without limitation, intellectual property rights;(3) liability for information, materials, products or services; (4) disruption of the Services;(5) improper use of and access to IBlog; (6) violation of any applicable law, rule or regulation; and/or (7) breach of any term of this Agreement and/or the foregoing representations and warranties, arising from or by You, Your blog and/or via Your account. You further agree to: (1) take all steps reasonably necessary to substitute the Indemnified Parties as the real party in interest and effectuate a dismissal of any Indemnified Party that is named as a party in any third party claim; (2) pay all reasonable attorneys’ fees, costs, and expenses associated with the Indemnified Parties defense unless and until they are substituted out, with the Indemnified Parties having the sole right and discretion to select counsel to conduct their defense; and (3) assume full and sole responsibility and liability for any damages, costs, fees, settlements and/or judgments entered on any third party claim, except that You will not enter into any settlement that affects any of the Indemnified Parties’ rights or interest without such Indemnified Parties’ prior written approval. The Indemnified Parties assume no responsibility or liability for any damages, expenses, fees, or costs related to the defense of any third party claim. This section is severable and shall survive any termination or expiration of this Agreement.
INTELLECTUAL PROPERTY:Intellectual Property includes, but is not limited to, all artwork,data, designs, games and flash animation, graphic content, illustrations, images, logos, marks, photographs, sound and video clips, text,written content or other copyrightable subject matter, in addition to the selection and arrangement thereof, as well as all patents, trademarks, service marks, and trade names appearing on the Site. IBlog and theiradvertisers, affiliates, assigns, licensors, partners, service providers,subsidiaries or other respective owners(collectively “IP Holders”) will retain ownership of their respectiveIntellectual Property. Except as expressly provided in this Agreement, You arenot authorized or licensed to use the IP Holders’Intellectual Property and You agree not to: (1) adapt, broadcast, circulate,dispose of, disseminate, distribute, modify, publish, register, reproduce, retransmit, sublicense or translate, any of the IP Holders’Intellectual Property rights; (2) alter, create derivative works of, edit, modify or revise the IP Holders’Intellectual Property; (3) reverse engineer, decompile, reverse compile, or disassemble the IP Holders’Intellectual Property in whole or in part; (4) rent, sell, lease, loan, electronically transfer or otherwise make available the IP Holders’ Intellectual Property to another party; (5) crawl, spider, index or in any non-transitory manner store or cache information obtained from the IP Holders’ Intellectual Property; or (6) permit any other person or entity to do any of the foregoing.
LIMITATION OF LIABILITY:
- YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH IBLOG IS TO DISCONTINUE YOUR USE OF IBLOG.COM. YOU AGREE THAT IBLOG SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR BUSINESS), EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, DIRECTLY OR INDIRECTLY, ARISING IN CONNECTION WITH ANY ACTION OR OMISSION RELATED TO THIS AGREEMENT OR WITH RESPECT TO ANY OTHER SERVICES OFFERED BY IBLOG OR OUT OF ANY BREACH OF ANY WARRANTY, AND YOU AGREE TO WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF IBLOGHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOR SUCH DAMAGES WERE REASONABLY FORESEEABLE.
- IBLOG SHALL NOT BE RESPONSIBLE FOR ANY ALTERATIONS, MODIFICATIONS, DELETIONS AND THE LIKE TO THE SITE.
- IN NO EVENT SHALL IBLOG’S LIABILITY EXCEED $100 U.S. DOLLARS. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT AND THAT IN ITS ABSENCE; THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS. THIS SECTION IS SEVERABLE AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
- SOME JURISDICTIONS MAY NOT ALLOW SUCH A BROAD EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
NOTICE:You agree that any notice required to be given under this Agreement by IBlog to You will be deemed to have been given if delivered in accordance with the contact information You have provided in Your account. Any notices by You to IBlogshall be sufficiently given only if in writing and transmitted by a nationally recognized courier service (with online tracking enabled) or mailed by prepaid registered mail addressed to: IBlog, Attn: Contracts Department, 2967 Michelson Dr., Suite G-484, Irvine, CA 92612.
RELATIONSHIP OF THE PARTIES:The relationship of the parties in connection with this Agreement is that of an independent contractor relationship, and no partnership, joint venture or employee/employer relationship is intended or shall be implied.
REPRESENTATIONS:By using the Site, You agree under penalty of perjury to make the following statements:
- I will provide accurate information when creating an account or registering for IBlog Services.
- I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside and/or am accessing the Site.
- Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.
- I believe I have the unalienable right to read and/or view any type of material I choose.
- I am aware of the standards of my local community with respect to the materials offered on this Site; I am familiar with the materials offered by this Site; and I represent, warrant and certify that the links, information, and use of materials on this Site do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on this Site, I agree to no longer access this Site.
- I recognize that this Site has no control over the content of other sites which are listed or linked on it and that it takes no responsibility for the content of those other sites.
- I am legally able to accept the terms of this Agreement.
- I am more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and am fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
SEVERABILITY: If any term or provision of this Agreement will to any extent be invalid, unenforceable and/or conflict with the law under which this Agreement is to be construed, the remainder of this Agreement will not be affected thereby and each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. The ineffective term or provision shall be replaced by a valid one that approaches the ineffective term or provision as closely as possible.
STATUTE OF LIMITATIONS:YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THIS AGREEMENT AND/OR RELATED TO YOUR USE OF THE SITE, MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
SUCCESSOR: This Agreement shall be binding upon Your heirs, executors, administrators, successors and assigns.
SURVIVAL:In the event of termination of this Agreement, regardless of the reason for termination, the terms of this Agreement, which by their nature extend beyond its termination, remain in effect until fulfilled and apply to each Parties’ respective successors and assigns.
TERMINATION: IBlog may terminate this Agreement and/or Your access to the Site and/or Services for any reason, or no reason, at any time with or without notice to You. In the event of any termination, you will immediately cease access to the Site and Services.
THIRD PARTY BENEFICIARIES: This Agreement shall not be construed to create any obligation or benefit to any non-person or entity which is not a party to this Agreement.
THIRD PARTY SITES: The Site contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. IBlog has no control over third party sites and is not responsible for any changes to or content on them. IBlog’s inclusion on its Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.Please note that IBlog has financial relationships with some of the third-parties displayed on the Site. You understand and agree that IBlog may be compensatedif You and/or other Users choose to utilize the links and/or services provided by such third parties on this Site.
WAIVER: The failure to insist upon or enforce strict performance of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of the right to enforce any such provision or right in any other instance.