Terms Of Service
Blogbard LLC ("Blogbard") provides its service ("Service") to you, subject to the following Terms of Service ("TOS"). The TOS tell you what you can expect from the Service, and what Blogbard expects of you. Blogbard may amend the TOS at any time by posting an amended TOS on our website. The TOS may not be otherwise amended except in a writing signed by you and Blogbard.
When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or Blogbard has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, Blogbard has the right to suspend or terminate your membership and access to the Service. You are responsible for obtaining access to the Service, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. You will receive a password and login name upon completing the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. This means that, unless your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your membership. You will immediately notify Blogbard of any unauthorized use of your membership or any other breach of security.
Individuals may obtain a membership with the Service without paying a fee. Companies will be required to pay for a membership with the Service. In addition, Blogbard will charge fees to access certain components of the Service. If you must pay a fee to access a component of the Service, this information will be posted by Blogbard on the Service. You may use a credit card to pay these fees. When you provide credit card information to Blogbard, you represent to Blogbard that you are the authorized user of the credit card. Some fees may be monthly. For these recurring fees, Blogbard will charge your credit card each month. You must promptly notify Blogbard of any changes to your credit card number, its expiration date, and your billing address, and you must promptly notify Blogbard if your credit card expires or is canceled. Blogbard reserves the right to change its fees or billing methods. If any change is unacceptable to you, you may cancel your membership, but Blogbard will not refund any fees that may have accrued to your membership before you cancel it. Blogbard may also charge you for any sales or use taxes to which the Service is subject.
As a member of the Service you may submit URLs of news feeds. Blogbard does not pre-screen news feeds, but Blogbard will have the right in their sole discretion to remove any feed that violates the TOS. You understand that the content of each news feed is the sole responsibility of the creator of the feed. Blogbard does not control the news feeds and does not guarantee the accuracy, integrity, or quality of the feeds.
You agree that you will not: a. impersonate any person, including a Blogbard employee or agent on the Service; b. violate any local, state, or national law through or on the Service; c. harass people through or on the Service; d. collect or store data about other people using the Service; e. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; f. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; g. use the Service in any manner other than as expressly authorized in the TOS; h. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service; or i. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
OWNERSHIP AND RESTRICTIONS
The license granted in these TOS does not constitute a transfer or sale of Blogbard's ownership rights in the Blogbard Database. Blogbard retains all right, title, and interest in and to the Blogbard Database including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of the Blogbard Database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including the Blogbard Database, or your rights and obligations pursuant to the TOS. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including the Blogbard Database, unless expressly authorized in the TOS.
Blogbard's policy is to prohibit children under the age of 13 from purchasing, accessing, registering, or using any of Blogbard's products and services. You may not register or use the Service if you are under 13 years old. By registering, installing, and accepting these TOS you represent to Blogbard that you are at least 13 years old.
You represent and warrant to Blogbard: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to Blogbard, including, but not limited to your Recommendations; (c) the charges incurred by you will be honored by your credit card company; and (d) you will pay all charges that you incur at Blogbard's then-current rates;
You will indemnify and hold Blogbard, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party.
MODIFICATIONS TO SERVICE
Blogbard reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. Blogbard will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
The Service may provide links to third party web sites. Blogbard has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. Blogbard will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLOGBARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLOGBARD OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
BLOGBARD WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BLOGBARD HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL BLOGBARD'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO BLOGBARD IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Blogbard, the Blogbard logo, and other Blogbard logos, products and service names are trademarks of Blogbard. You must not display or use them in any manner.
Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by Blogbard to collect fees or recover damages for, or obtain an injunction relating to, Blogbard's intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Santa Clara, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or Blogbard may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara, California necessary to protect the rights or property of you or Blogbard pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
Blogbard may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and Blogbard and governs your use of the Service, superseding any prior agreements between you and Blogbard. You also may be subject to additional terms and conditions that may apply when you use other Blogbard products or services. The TOS and the relationship between you and Blogbard will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Santa Clara, California. The failure of Blogbard to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred.