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Thank you for using blogbasis.com domain (the "Web Site") which is provided by
Blog Basis,Inc. (the "Company"). This page states the Terms
and Conditions (the "Terms" or the "Agreement") under which
you may use this Web Site. Please read this page carefully.
By accessing and using this Web Site you accept and agree to
be bound, without limitation or qualification, by these
Terms. The Company may, at its sole discretion, modify or
revise these Terms at any time by updating this posting. You
are bound by any such modification or revision and should
therefore visit this page periodically to review the Terms.
By using the Web Site after we have made any modification or
revision, you agree to be bound by the revised terms. If you
do not accept any of the Terms stated here, please do not
use the Web Site. The Company retains the right to deny
access to anyone at its complete discretion for any reason
including violation of these Terms.
Section 1.
Use of Materials
The Company authorizes you to view and download a single
copy of the material on the Web Site solely for your
personal, non-commercial use. Special rules may apply to the
use of certain software and other items provided on the Web
Site. Any such special rules are listed as "Legal Notices"
on this Web Site and are incorporated into this Agreement by
reference.
The contents of this Web Site, such as text, graphics,
images, audio, video and all other material ("Material"),
are protected by copyright under both United States and
foreign laws, and are owned or controlled by the Company or
by third parties that have licensed their Material to the
Company. Unauthorized use of the Material may violate
copyright, trademark, and other laws. You must retain all
copyright and other proprietary notices contained in the
original Material on any copy you make of the Material. You
may not sell or modify the Material or reproduce, display,
publicly perform, distribute, or otherwise use the Material
in any way for any public or commercial purpose. The use of
the Material on any other Web site or in a networked
computer environment for any purpose is prohibited, without
the express written permission of the Company. The
trademarks, logos and service marks (the "Marks") displayed
on the Web Site are owned by the Company. You are prohibited
from use of those Marks without the express, written
permission of the Company or such third party. If you would
like information about obtaining the Company's permission to
use the Material on your Web site, please fill out this
form. If you violate any of these Terms, your permission to
use the Material automatically terminates and you must
immediately destroy any copies you have made of the
Material.
Section 2.
Company's Liability
The Material may contain inaccuracies or typographical
errors. The Company makes no representations about the
accuracy, reliability, completeness, or timeliness of the
Material or about the results to be obtained from using the
Web Site and the Material. You expressly agree that any use
of the Web Site and the Material is solely at your own risk.
Changes are periodically made to the Web Site and may be
made at any time. Some Material on the Web Site is provided
and maintained by third parties. You expressly agree that
the Company is not liable or responsible for any defamatory,
offensive or illegal conduct of other subscribers or third
parties.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL
OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER ARE
FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE
OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT
RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS'
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND
ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD
PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND
LINKS.
Section 3.
Disclaimer of Certain Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Section
4. User Submissions
Generally, any communication which you post to the Web Site
(whether on blogs, submissions or otherwise) is considered
to be non-confidential. If particular Web pages permit the
submission of communications which will be treated by the
Company as confidential, that fact will be stated on those
pages.
The Web Site may include blogs, e-mail, and other
interactive functions ("Forums") which allow feedback and
submissions to the Company and real-time interaction between
users. The Company does not control the information
delivered to the blogs, and the Company has no obligation to
monitor any such information. As a User, you are responsible
for your own communications and submissions and are
responsible for the consequences of their posting. Terms
directly applicable to use of such Forums include the
following:
1. You understand that all information, data, text,
software, music, sound, photographs, graphics, video,
messages, jokes, communications or other materials
("Content"), whether publicly posted or privately
transmitted, that you submit to any of the Forums are your
sole responsibility. This means that you, and not the
Company, are entirely responsible for all Content that you
upload, post, email or otherwise transmit via the Forums.
2. The Company does not endorse or control the Content
delivered to this Web Site, and the Company has no
obligation to monitor such Content. As such, the Company
does not guarantee the accuracy, integrity or quality of any
such Content. However, reserves the right (but not the
obligation) in its sole discretion to edit, refuse to post
or to delete any Content, in whole or in part, that is in
violation of these Terms or that it deems to be
objectionable or unacceptable for any reason whatsoever.
3. The Company further reserves the right at all times to
preserve any Content or to disclose any Content as necessary
to satisfy any law, regulation or governmental request or
any good faith belief that such preservation or disclosure
is necessary to (a) comply with legal process; (b) enforce
these Terms; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights,
property, or personal safety of the Company, its users and
the public.
4. You understand that by using the Web Site, including
its Forums, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will the
Company be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise
transmitted via the Web Site, including its Forums.
5. It is a condition of your access and use of this Web
Site that you do not:
Restrict or inhibit any other user from using and enjoying
this Site;
Harm minors in any way;
Impersonate any person or entity, including, but not limited
to, an employee or representative of the Company, or falsely
state or otherwise misrepresent your affiliation with a
person or entity;
Forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted by means
of this WebSite;
Upload, post, email or otherwise distribute, publish or
transmit on this Web Site any Content that you do not have a
right to transmit under any law or under contractual or
fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
Upload, post, email or otherwise distribute, publish or
transmit on this Web Site any unlawful, harmful,
threatening, abusive, harassing, invasive of another's
privacy, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind,
including without limitation any transmission constituting
or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate
any local, state, national or foreign law;
Upload, post, email or otherwise distribute, publish or
transmit on this Web Site any information, software or other
material which violates or infringes upon the rights of
others, including material which is an invasion of privacy
or publicity rights or which is protected by patent,
copyright, trademark, trade secret or other proprietary
right, or derivative works with respect thereto, without
first obtaining permission from the owner or right holder;
Upload, post, email or otherwise distribute, publish or
transmit on this Web Site any information, software or other
material which contains a virus or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment, or any other harmful
component; or
Upload, post, email or otherwise distribute, publish or
transmit on this Web Site or in any way exploit any
information, software or other material for commercial
purposes or which contains any form of solicitation
(including, but not limited to, "junk mail," "spam," "chain
letters," and "pyramid schemes"), advertising, promotion or
marketing for goods or services;
Disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Web Site are able to
type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
Interfere with or disrupt the Web Site or servers or
networks serving the Web Site, or disobey any requirements,
procedures, policies or regulations of networks connected to
the Web Site;
Intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force
of law; "Stalk" or otherwise harass another; or Collect or
store personal data about other users.
6. By posting or submitting any materials (including but
not limited to any jokes, creative material, remarks, ideas,
graphics, photos, comments, product concepts, advertising
concepts or ideas, and suggestions for improving or changing
existing content) to this Site, you automatically grant (or
warrant that the owner of such rights has expressly granted)
to the Company a royalty-free, nonexclusive, perpetual and
irrevocable right and license to use, reproduce, modify,
publish, edit, translate, perform, display and distribute
such materials alone or as part of other works in any form
or technology now known or later developed, (you waive any
moral rights you may have in having the material altered or
changed in a manner not agreeable to you) and to sublicense
such rights through multiple tiers of sublicensees.
7. You warrant that any materials you upload, post, email
or otherwise distribute, publish or transmit on this Web
Site contains nothing that will give rise to civil liability
or otherwise violate any local, state, national or foreign
law, including nothing that is harmful, threatening,
abusive, harassing, invasive of another's privacy or
publicity rights, defamatory, obscene, vulgar, pornographic,
profane or indecent, or that constitutes an infringement of
anyone's patent, copyright, trademark, trade secret or other
proprietary right, or derivative rights with respect
thereto.
The Company welcomes your comments about the Web Site.
However, unless the Web Site has up a specific submissions
policy, we will not review or consider any unsolicited
creative submissions. We hope you will understand that this
policy is intended to avoid the possibility of future
misunderstandings in the event that projects developed by
our professional staff might seem to others to be similar to
their own creative work.
Accordingly, we must ask that you not send us any original
creative ideas, suggestions or materials. If, despite our
request, you send us any creative idea, suggestion or
material ("Submission"), it shall become our property. No
Submission will be subject to any obligation of confidence
by us, and we will not be liable for any use or disclosure
of any Submission. We will exclusively own all known or
later-existing rights to the Submission worldwide, and will
be entitled to the unrestricted use of the Submission for
any purpose, without compensation to the provider of the
Submission.
The Company does not endorse, support, represent or
guarantee the truthfulness, accuracy, or reliability of any
communications posted by other Users or endorse any opinions
expressed by Users. You acknowledge that any reliance on
material posted by other Users will be at your own risk. The
Company does not screen communications in advance and is not
responsible for screening or monitoring material posted by
Users. If notified by a User of communications which
allegedly do not conform to any term of this Agreement, the
Company may investigate the allegation and determine in good
faith and its sole discretion whether to remove or request
the removal of the communication. The Company has no
liability or responsibility to Users for performance or
non-performance of such activities. The Company reserves the
right to expel Users and prevent their further access to the
Web Site for violating this Agreement or the law and the
right to remove communications which are abusive, illegal,
or disruptive.
Section 5.
Links to Other Sites
The Web Site contains links to third party web sites that
are maintained by others. These links are provided solely as
a convenience to you and not as an endorsement by the
Company of the contents on such third-party Web sites. The
Company is not responsible for the content of linked
third-party sites and does not make any representations
regarding the content or accuracy of materials on such
third-party Web sites. If you decide to access linked
third-party Web sites, you do so at your own risk.
Section 6.
Licenses
All software that is made available for downloading from the
Web Site ("Software") is protected by copyright and may be
protected by other rights. The use of such software is
governed by the terms of the software license agreement or
designated "Legal Notice" accompanying such software
("License Agreement"). The downloading and use of such
software is conditioned on agreement to be bound by the
terms of the License Agreement.
Subject to the foregoing paragraph or as otherwise
expressly provided, nothing within the Web Site shall be
construed as conferring any license under any of the
Company's or any third party's intellectual property rights,
whether by implication, estoppel or otherwise.
Section 7.
Limitation of Liability
Your use of the Web Site is at your own risk. If you are
dissatisfied with any of the Materials or other contents of
the Web Site or with these Terms and Conditions, your sole
remedy is to discontinue use of the Web Site.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY
USER ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY
DAMAGES ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY
DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
Section 8.
Indemnity
You agree to defend, indemnify, and hold harmless the
Company, its officers, directors, employees and agents, from
and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material
(including Software) or your breach of the terms of this
Agreement. The Company shall provide notice to you promptly
of any such claim, suit, or proceeding and shall assist you,
at your expense, in defending any such claim, suit or
proceeding.
Section 9.
Export Control
The United States controls the export of products and
information. You agree to comply with such restrictions and
not to export or re-export the Materials (including
Software) to countries or persons prohibited under the
export control laws. By downloading the Materials (including
Software), you are agreeing that you are not in a country
where such export is prohibited and that you are not on the
U.S. Commerce Department's Table of Denial Orders or the U.S
Treasury Department's list of Specially Designated
Nationals. You are responsible for compliance with the laws
of your local jurisdiction regarding the import, export, or
re-export of the Product.
Section
10. User Information
The Company may use the information it obtains relating to
you, including your IP address, name, email address, mailing
address and use of the Web Site, for its internal business
and marketing purposes.
Section 11.
Minors
This Web Site contains material that may not be appropriate
for children. If there is a concern by parents that children
may visit this site, the Company recommends using a parental
control software package. Some sample parental software
packages include: Net Nanny, Cyber Patrol and Cybersitter.
Please be advised that the Company does not endorse any one
parental software package. While no parental software
package replaces careful supervision of Internet use by
children, these tools can be a useful addition to your suite
of Internet applications. Please read the Web Site Privacy
Policy, in particular the Policy for Minors, for more
information regarding the collection of personal information
from children.
Section 12.
General
The Company makes no claims the Materials are appropriate
for any particular purpose or audience, or that they may be
downloaded outside of the United States. Access to the
Materials (including Software) may not be legal by certain
persons or in certain countries. If you access the Web Site
from outside of the United States, you do so at your own
risk and are responsible for compliance with the laws of
your jurisdiction.
This Web Site is hosted in Honolulu, HI 96813 and
programmed from Houston, TX 77083. All legal
issues arising from or related to the use of the Web Site
shall be construed in accordance with and determined by the
laws of the State of Texas applicable to contracts
entered into and performed within the State of Texas
without respect to its conflict of laws principles. By using
this Web Site, you agree that the exclusive forum for any
claims or causes of action arising out of your use of this
Web Site is the United States District Court for the
Southern District of Texas, or any Texas State court
sitting in Fort Bend County. You hereby irrevocably waive, to
the fullest extent permitted by law, any objection which you
may now or hereafter have to the laying of the venue of any
such proceeding brought in such a court and any claim that
any such proceeding brought in such a court has been brought
in an inconvenient forum.
If any provision of this Agreement is found to be invalid
by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the
remaining provisions of this Agreement, which shall remain
in full force and effect. No waiver of any term of this
Agreement shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly provided in
a particular "Legal Notice" for Software or material on
particular web pages, this Agreement constitutes the entire
Agreement between you and the Company with respect to the
use of Web Site. |