We have designed this
website, The Blog Automator ("Site"
or “Licensor”), to be useful, informative,
helpful, honest and fun. Hopefully we
have accomplished that and ask that you let us know if you would like to see improvements or changes.
We ask
that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our
Site you automatically agree to them.
Naturally, if you don't agree, please do not
use the Site and exit it by clicking here.
IMPORTANT- READ CAREFULLY. This Service and Use
Agreement ("Agreement") is a legal contract
between you, either as an individual user or a business organization ("You" or "User"), and Licensor for access to The
Blog Automator site, including any associated media, printed
materials and electronic documentation
(together the "Service").
By signing-up for and using the Service,
you agree to be bound by the terms of this
Agreement and you represent that you are authorized to enter into this Agreement on behalf of yourself or your corporate entity
if applicable. If you do not wish to be
bound by the terms of this Agreement, do not
access or use the Service.
AGREEMENT MODIFICATIONS. We (the Site) may modify
the Agreement at any time simply by updating
this posting and without notice to you. We reserve the right to make any modifications that we deem necessary at
any time. Please check these terms regularly to
see what those modifications may be. Your
continued use of the Site means that you accept
those modifications.
SOFTWARE
LICENSE. Grant of License. Upon your payment of the fees
and acceptance of this Agreement, Licensor
grants you a limited, personal, non-exclusive
license to access and use the Service on the terms and conditions set forth herein.
OWNERSHIP. This Agreement does not convey to you
any rights of ownership in the Service.
All right, title, and interest in the Service and in any ideas, know-how, and programs which are developed by Licensor
in the course of providing the Service or any
technical services, including any enhancements
or modifications made to the Service, shall at
all times remain the property of Licensor. You acknowledge and agree
that the Service is licensed, not sold. We do
not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the
associated intellectual property rights.
You're not allowed to redistribute or sell the
material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can
use.
COPYRIGHT. You will not remove,
modify or alter any of Licensor's copyright, trademark or proprietary rights notices from any part of the
Service.
LINKS TO OTHER
SITES. We sometimes provide referrals to and links to
other web sites from our Site. Such a
link should not be seen as an endorsement,
approval or agreement with any information or resources offered at sites you can access through our Site. If
in doubt, always check the Uniform Resource
Locator (URL) address provided in your browser
to see if you are still in our Site or have moved to another site. This Site is not responsible for the content or
practices of third party sites that may be
linked to our Site. When our Site provides links or references to other websites, no inference or assumption should
be made and no representation should be
inferred that our Site is connected with,
operates or controls those websites. Any approved link must not represent in any way, either explicitly or by
implication, that you have received the
endorsement, sponsorship or support of this Site or endorsement, sponsorship or support our Site employees, agents or
directors.
RESTRICTIONS ON USE OF OUR ONLINE MATERIALS.
All online materials on the Site, including,
without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations,
audio clips, video clips, and music are
copyrighted intellectual property. All
usage rights are owned and controlled by the Site or their owners. You, the visitor, may download online materials for
non-commercial, personal use only provided you
1) retain all copyright, trademark and
propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an
association with any of the Site products,
services, events or brands, and 4) you do not
download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You
may not, however, copy, reproduce, republish,
upload, post, transmit or distribute online
materials in any way or for any other purpose unless you get our written permission from this Site first. Neither may you
add, delete, distort or misrepresent any
content on this Site. Attempts to modify
any online material, or to defeat or circumvent our security features is prohibited. Everything you download, any
software, plus all files, all images
incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by the Site or
third-party licensors for your personal,
non-commercial home use only.
NO
SPAM. You may not use the Service to generate or distribute
spam. Users found in violation of this
term will have their access to the Site terminated immediately.
SUBMITTING YOUR ONLINE MATERIAL. All remarks,
suggestions, ideas, graphics, comments, or
other information that you send to the Site - other than information we promise to protect under our privacy policy -
becomes and remains our property, even if this
Agreement is later terminated. That means
that we don't have to treat any such submission as confidential. You cannot sue us for using ideas you
submit. If we use them, or anything like
them, we don't have to pay you or anyone else for them. We will have the exclusive ownership of all present and
future rights to submissions of any kind.
We can use them for any purpose we deem
appropriate to the Site mission, without compensating you or anyone else for them. You acknowledge that you are
responsible for any submission you make.
This means that you (and not the Site) have
full responsibility for the message, including its legality, reliability, appropriateness, originality, and
copyright.
LIMITATION OF
LIABILITY. The Site WILL NOT BE LIABLE FOR ANY DAMAGES OR
INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE
OF THE "SITE". THESE INCLUDE, BUT ARE NOT
LIMITED TO, DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE)
THE "SITE"
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK
FROM OUR "SITE"
- FAILURE OF OUR "SITE" TO
PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR "SITE"
-
OMISSION ON OUR "SITE"
- INTERRUPTION OF AVAILABILITY OF OUR "SITE"
-
DEFECT ON OUR "SITE"
- DELAY IN OPERATION OR TRANSMISSION OF OUR "SITE"
-
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY
DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A
LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM
A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"INCIDENTAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF
OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL"
DAMAGES. IF YOU LIVE IN ONE OF
THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE
TYPES OF DAMAGES. HOWEVER, IN ANY EVENT,
OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR
CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER
WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY
OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID, IF
ANYTHING, TO ACCESS OUR SITE. In no case will
Licensor's liability for damages hereunder
exceed fifty dollars (US $50).
INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Site, its
advertisers, licensors, subsidiaries and other affiliated companies, and their
employees, contractors, officers, agents and directors from all liabilities,
claims, and expenses, including attorney's fees, that arise from your use of
this site, or any services, information or products from this Site, or any
violation of this Agreement. Licensor reserves the right; at it own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you shall cooperate
with Licensor in asserting any available defenses.
TERMINATION OF THIS AGREEMENT. This agreement
is effective until terminated by either
party. You may terminate this agreement at any time by destroying all materials obtained from the Site, along with all
related documentation and all copies and
installations. The Site may terminate
this agreement at any time and without notice to you, if, in its sole judgment, (a) you fail to make payment and/or (b)
you fail to comply with the terms of this
Agreement and/or (c) you breach any term or
condition of this Agreement. Upon termination, you must destroy all
materials. In addition, by providing
material on our Site, we do not in any way
promise that the materials will remain available to you. The Site is entitled to terminate all or any part of any of its
website without notice to you.
LEGAL
COMPLIANCE. The Site may suspend or terminate this Agreement or User's use
immediately upon receipt of any notice which alleges that User has used this
site for any purpose that violates any local, state, federal or law of other
nations, including but not limited to the posting of information that may
violate third party rights, that may defame a third party, that may be obscene
or pornographic, that may harass or assault others, that may violate hacking or
other criminal regulations, etc. In such event, Licensor may disclose the
User's identity and contact information, if requested by a government or law
enforcement body or as a result of a subpoena or other legal action, and
Licensor shall not be liable for damages or results thereof and User agrees not
to bring any action or claim against Licensor for such
disclosure.
RELATIONSHIP OF
PARTIES. You and Licensor are independent parties. Nothing in this Agreement shall be construed as making you
an employee, agent or legal representative of
Licensor.
NO THIRD-PARTY BENEFICIARIES. There are
no third-party beneficiaries of this
Agreement.
ENTIRE
AGREEMENT. This Agreement constitutes the complete and entire
understanding and agreement of all terms,
conditions and representations between You and
Licensor with respect to the Service. This is the entire Agreement for your use of this Site.
RIGHTS. (a)Failure to prosecute a
party's rights will not constitute a waiver of
any other breach. (b) If any provision of this Agreement is found to be invalid, it will be enforced to the extent
permissible and the remainder of this Agreement
will remain in full effect. (c) This Agreement
has been written in the English language and you waive any rights you may have under the law of your country or
province to have this Agreement written in any
other language.
RESTRICTIONS ON
USE OF SERVICE. You may not (a) make the Service available for use by others by sharing access logon
information or in any service bureau or similar
arrangement; (b) distribute, sublicense, transfer, or lend access to the Service to any third party; or (c)
disassemble or reverse engineer the
Service.
JURISDICTION AND OTHER
CONSIDERATIONS. If you use our Site from locations outside of the United States, you are responsible
for compliance with any applicable local
laws. This Agreement shall be governed
by, construed and enforced in accordance with the laws of the State of Virginia, as it is applied to agreements entered
into and to be performed entirely within such
jurisdiction. To the extent you have in any manner violated or threatened to violate the Site and/or its
affiliates' intellectual property rights, the
Site and/or its affiliates may seek injunctive
or other appropriate relief in any state or federal court in the State of Virginia, and you consent to exclusive jurisdiction and venue in such courts.
ANY OTHER DISPUTES WILL BE RESOLVED AS
FOLLOWS. If a dispute arises under this Agreement, we agree to first try to resolve it with the help
of a mutually agreed-upon mediator in the
following location: Virginia. Any costs
and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves
impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit
the dispute to binding arbitration at the following location: Virginia, under the rules of the American Arbitration
Association. Judgment upon the award
rendered by the arbitration may be entered in
any court with jurisdiction to do so.