Terms Of Use
Posted on November 27, 2008 by Rustin
1. Description of Service. TheBlogFrog is a blog enhancement service and
You will be responsible
for all activities occurring under your username and for keeping
your password secure. You understand and agree that the Service is
provided to you on an AS IS and AS AVAILABLE basis. TheBlogFrog
disclaims all responsibility and liability for the availability,
timeliness, security or reliability of the Service or any other
client software. TheBlogFrog also reserves the right to modify, suspend
or discontinue the Service with or without notice at any time and
without any liability to you. You must be at least thirteen (13)
years of age to use the Service. TheBlogFrog reserves the right to
refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your own use
of the Service, for any posts, comments, or chats you make, and for any consequences
thereof. You agree that you will use the Service in compliance with
all applicable local, state, national, and international laws,
rules and regulations, including any laws regarding the
transmission of technical data exported from your country of
residence and all United States export control laws. TheBlogFrog reserves the
right, but shall have no obligation, to investigate your use of the
Service in order to (a) determine whether a violation of this
Agreement has occurred or (b) comply with any applicable law,
regulation, legal process or governmental request. Much of the
content of TheBlogFrog.com -- including the contents
of specific postings -- is provided by and is the responsibility of
the person or people who made such postings. TheBlogFrog does not
monitor the content of TheBlogFrog.com and TheBlogFrog.com, and takes no
responsibility for such content. Instead, TheBlogFrog merely provides
access to such content as a service to you. By their very nature,
TheBlogFrog.com may carry offensive, harmful,
inaccurate or otherwise inappropriate material, or in some cases,
postings that have been mislabeled or are otherwise deceptive. We
expect that you will use caution and common sense and exercise
proper judgment when using TheBlogFrog.com. TheBlogFrog
does not endorse, support, represent or guarantee the truthfulness,
accuracy, or reliability of any communications posted via the
Service or endorse any opinions expressed via the Service. You
acknowledge that any reliance on material posted via the Service
will be at your own risk.
3. Privacy. As a condition of using the
Service, you agree to the terms of the TheBlogFrog Privacy Policy
(http://TheBlogFrog.com/Learn/privacy.aspx), which may be updated from
time to time, as expressed in the most recent version that exists
at the time of your use. You agree that TheBlogFrog may access or
disclose your personal information, including the content of your
communications, if TheBlogFrog is required to do so in order to comply
with any valid legal process or governmental request (such as a
search warrant, subpoena, statute, or court order), or as otherwise
provided in these Terms of Service and the general TheBlogFrog Privacy
Policy. Personal information collected by TheBlogFrog may be stored and
processed in the United States or any other country in which TheBlogFrog
LLC or its agents maintain facilities. By using the Service, you
consent to any such transfer of information outside of your
country.
4. General Practices Regarding Use and Storage. You agree
that TheBlogFrog has no responsibility or liability for the deletion of,
or the failure to store or to transmit, any Content and other
communications maintained by the Service. TheBlogFrog retains the right
to create limits on use and storage at our sole discretion at any
time with or without notice.
5. Content of the Service. TheBlogFrog
takes no responsibility for third-party content (including, without
limitation, any viruses or other disabling features), nor does
TheBlogFrog have any obligation to monitor such third-party content.
TheBlogFrog reserves the right at all times to remove or refuse to
distribute any content on the Service, such as content which
violates the terms of this Agreement. TheBlogFrog also reserves the
right to access, read, preserve, and disclose any information as it
reasonably believes is necessary to (a) satisfy any applicable law,
regulation, legal process or governmental request, (b) enforce this
Agreement, including investigation of potential violations hereof,
(c) detect, prevent, or otherwise address fraud, security or
technical issues, (d) respond to user support requests, or (e)
protect the rights, property or safety of TheBlogFrog, its users and the
public. TheBlogFrog will not be responsible or liable for the exercise
or non-exercise of its rights under this Agreement.
6. Intellectual
Property Rights. TheBlogFrog's Intellectual Property Rights. You
acknowledge that TheBlogFrog owns all right, title and interest in and
to the Service, including all intellectual property rights (the
"TheBlogFrog Rights"). TheBlogFrog Rights are protected by U.S. and
international intellectual property laws. Accordingly, you agree
that you will not copy, reproduce, alter, modify, or create
derivative works from the Service. You also agree that you will not
use any robot, spider, other automated device, or manual process to
monitor or copy any content from the Service. As described
immediately below, TheBlogFrog Rights do not include third-party content
used as part of the Service, including the content of
communications appearing on the Service. Your Intellectual Property
Rights. TheBlogFrog claims no ownership or control over any Content
submitted, posted or displayed by you on or through TheBlogFrog
services. You or a third party licensor, as appropriate, retain all
patent, trademark and copyright to any Content you submit, post or
display on or through TheBlogFrog services and you are responsible for
protecting those rights, as appropriate. By submitting, posting or
displaying Content on or through TheBlogFrog services which are intended
to be available to the members of the public, you grant TheBlogFrog a
worldwide, non-exclusive, royalty-free license to reproduce,
publish and distribute such Content on TheBlogFrog services for the
purpose of displaying and distributing TheBlogFrog services. TheBlogFrog
furthermore reserves the right to refuse to accept, post, display
or transmit any Content in its sole discretion. You represent and
warrant that you have all the rights, power and authority necessary
to grant the rights granted herein to any Content submitted. You
may choose to submit, post, and display any materials on or through
the TheBlogFrog service or TheBlogFrog.com under a public license (e.g. a
Creative Commons license), whether by manually marking your
materials as such or using TheBlogFrog service tools to do so. For
avoidance of doubt, TheBlogFrog is not a party to any such public
license between you and any third party. Also, for avoidance of
doubt, TheBlogFrog may choose to exercise the rights granted under (a)
the public license or licenses, if any, you apply to your materials
or (b) this Agreement.
7. No Resale of the Service. Unless
expressly authorized in writing by TheBlogFrog, you agree not to
reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes (a) any portion of the Service, (b) use of the
Service, or (c) access to the Service.
8. Publicity. Any use of
TheBlogFrog's trade names, trademarks, service marks, logos, domain
names, and other distinctive brand features ("Brand Features"),
including "TheBlogFrog," "TheBlogFrog.com," "TheBlogFrog," and "TheBlogFrog.com,"
must be in compliance with this Agreement and in compliance with
TheBlogFrog's then current Brand Features use guidelines, which may obtained by contacting TheBlogFrog at the
following URL: http://www.TheBlogFrog.com/feedback.aspx
(or such other URL TheBlogFrog may provide from time to time).
9. Representations and Warranties. You represent and warrant that (a)
all of the information provided by you to TheBlogFrog to participate in
the Service is correct and current; and (b) you have all necessary
right, power and authority to enter into this Agreement and to
perform the acts required of you hereunder.
10. Termination;
Suspension. TheBlogFrog may, in its sole discretion, at any time and for
any reason, terminate the Service, terminate this Agreement, or
suspend or terminate your account. In the event of termination,
your account will be disabled and you may not be granted access to
your account or any files or other content contained in your
account although residual copies of information may remain in our
system for some time for back-up purposes. Sections 2, 3, 5 - 8,
and 10 - 15 of the Agreement, along with applicable provisions of
the general Terms of Service (including the section regarding
limitation of liability), shall survive expiration or termination.
11. Indemnification. You agree to hold harmless and indemnify
TheBlogFrog, and its subsidiaries, affiliates, officers, agents, and
employees from and against any third-party claim arising from or in
any way related to your use of the Service, including any liability
or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys'
fees, of every kind and nature. In such a case, TheBlogFrog will provide
you with written notice of such claim, suit or action.
12. Entire
Agreement. This Agreement constitutes the entire agreement between
you and TheBlogFrog and governs your use of the Service, superseding any
prior agreements between you and TheBlogFrog. You also may be subject to
additional terms and conditions that may apply when you use or
purchase certain other TheBlogFrog services, affiliate services,
third-party content or third-party software.
13. Waiver and
Severability of Terms. The failure of TheBlogFrog to exercise or enforce
any right or provision of the Terms of Service shall not constitute
a waiver of such right or provision. If any provision of the Terms
of Service is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms of Service
remain in full force and effect.
14. Statute of Limitations. You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising of or related to use of TheBlogFrog
services or the Terms of Service must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
15.
Choice of Law; Jurisdiction; Forum. These Terms of Service will be
governed by and construed in accordance with the laws of the State
of California, without giving effect to its conflict of laws
provisions or your actual state or country of residence. Any
claims, legal proceeding or litigation arising in connection with
the Service will be brought solely in Santa Clara County,
California, and you consent to the jurisdiction of such courts.
16. TheBlogFrog Widgets on your blog. TheBlogFrog provides widgets that may be included on your blog. These "TheBlogFrog widgets" will be hereafter referred to as widgets.
By adding a widget to your site, you agree to be bound by TheBlogFrog Terms of Use and by these additional terms:
- widgets that TheBlogFrog makes available for syndication may be used commercially in a manner consistent with law and with any limitations or terms of use. This commercialization currently takes place through the display of "promoted" web sites or businesses.
- You agree not to modify the widgets or other promotional text or images provided by TheBlogFrog with the widget code. You understand and agree that TheBlogFrog retains the option to replace the existing content with different content, including advertising or promotional content, that occupies the same space and position on your page when you display the widget.
- You understand that TheBlogFrog is not responsible for the content or performance of the widgets. Data entered in these widgets will go to TheBlogFrog. widgets may cease to be available at the discretion of TheBlogFrog.
- TheBlogFrog's services in making widgets available are subject to the TheBlogFrog Privacy Policy. When the page on which a widget appears is viewed, a request is sent to TheBlogFrog's servers that includes the widget's URL and the widget preferences selected, as well as the URL of the page.
- TheBlogFrog may change its technical processes for rendering widgets at its discretion, and may cease to deliver a widget if the widget violates the law or TheBlogFrog's policies, or at TheBlogFrog's discretion. You agree that you will remove a widget from your site or directory if you become aware that the widget violates copyright or any other law, or if TheBlogFrog notifies you that the widget violates TheBlogFrog's policies.
- By providing the widget, TheBlogFrog does not endorse or otherwise affiliate itself with your webpage. You may not display the widget in a way that implies such an endorsement or affiliation.
- You may not display the widget on a site containing content that is pornographic; that promotes or incites hatred or violence; that invades personal rights including rights of privacy; that violates any law including intellectual property laws; or that interferes with the functioning of other webpages.
- In the event of a legal claim against TheBlogFrog arising from your use of the widgets, you agree to indemnify TheBlogFrog for all liability and expenses incurred as a result of that claim.
TheBlogFrog may modify these terms at any time in its sole discretion. We reserve the right to terminate this contract and your use of widgets at any time in our sole discretion, including based on violation of this agreement. We disclaim any express or implied warranties relating to widgets.