By using or accessing the Services, you agree to be bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by you (“user” or “you”) under the following terms and conditions:
1. Revision of Terms and Conditions.
2. Description of Services; Grant of Limited License.
The Site allows users to register or claim their blog on the Site’s directories and place a hyperlink or “badge” on each user’s blog linking to such user’s profile on the Site. Once such link or badge is confirmed, users may rate and comment on other user’s blog profile and the Site will feature certain of the most popular users’ blog profiles. These services and any other services Blog Nation or the Site may offer from time to time are referred to collectively as the “Services”.
Unless otherwise indicated, the Site and all content and other materials on the Site (other than User Content (defined below), including, without limitation, the Blog Nation logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (the "Site Materials") are the proprietary property of Blog Nation or its licensors or users and are protected by U.S. and international copyright laws.
Blog Nation grants to you a personal, nonexclusive, nonassignable and nontransferable, non-commercial license to access and use the Services. Such does not include or authorize: (i) any resale or commercial use of the Site or the Site Materials therein; (ii) the collection and use of any profiles or other User’s Content; (ii) the distribution, public performance or public display of any Site Materials, (iii) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (vi) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Blog Nation, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time.
3. Links to the Site and Third Party Websites
You are granted a limited, non-exclusive right to create a text hyperlink to the Site or the placement of a Blog Nation “badge” linking to the Site for noncommercial purposes, provided such link does not portray Blog Nation, any of its products and services, or any professional or professional services entity in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. Other than the Blog Nation “badge,” you may not use a Blog Nation logo or other proprietary graphic of Blog Nation to link to this Site without the express written permission of Blog Nation.
Blog Nation makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Site, or websites linking to the Site. Third party websites are not within the supervision or control of Blog Nation or the Site. Blog Nation makes no representation or warranty whatsoever about any third party website that is linked to the Site, or endorse the products or services offered on such site. Blog Nation will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any third party website or the products or services offered on such site. Blog Nation provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Blog Nation of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
4. Registration Obligations.
As a condition to access and use of the Services, you will be required to provide Blog Nation with certain information requested on the registration form (“Registration Data”). You agree that the Registration Data you provide: (i) is true, accurate, current and complete, and (ii) will be maintained and updated by you to keep it true, accurate, current and complete. You also agree that Blog Nation may send you an email and require you to confirm your email address before using certain Services. Blog Nation reserves the right to terminate your use of the Services and refuse to provide you with any and all current or future use of the Services if Blog Nation, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.
5. User Name and Password Security.
You will select a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality and security of your user name and password and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number, whether or not authorized by you. You agree to immediately notify Blog Nation of any unauthorized use of your user name or password, or any other breach of security. Blog Nation will use reasonable precautions in protecting your user name and password but expressly disclaims any liability arising from the authorized use of your user name or password.
6. User Content--Permission to Use Content in iFrame
Blog Nation reserves the right to publish blogger content in an iframe hosted on our directories.
7. User Content—Representations and Warranties.
By transmitting, posting, linking or uploading any text, audio, video, audiovisual, html, links or other materials to or through any part of the Services or the Site (the “User Content”), you represent and warrant that such User Content (i) does not infringe upon the copyright or any other statutory or common-law intellectual property rights (including without limitation trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any party (including Blog Nation), (ii) is not libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates Blog Nation or any third party’s rights, and (iii) does not contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Blog Nation reserves the right to remove any User Content from the Site if it believes it violates any of these representations and warranties.
8. User Content—License to Blog Nation.
You shall retain all ownership of your User Content. You hereby grant to Blog Nation (and its contractors and service providers) a non-exclusive, worldwide, perpetual fully paid-up license (with the right to freely sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. Blog Nation may freely exploit the User Content without payment of any license fees to you or any third party, and may freely license this right to third parties.
9. Copyright Complaints.
If you are a copyright or other intellectual property right owner, and feel that any material on the Site infringes your intellectual property rights, email us at [firstname.lastname@example.org] or contact our designated agent provided in Blog Nation’s DMCA / Infringement Notification Policy.
10. User/Member Code of Conduct.
All users and members agree to respect the rights of third parties, including users.
12. NO WARRANTIES – SERVICES PROVIDED “AS IS”.
YOU UNDERSTAND AND AGREE THAT THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, BLOG NATION AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER BLOG NATION NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICES OR THE SITE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICES OR THE SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE BEHIND THE SERVICES ARE NONINFRINGING.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES OR CONTENT OBTAINED THROUGH THE USE OF THE SERVICES AND THE SITE ARE DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES, THE SITE, AND ANY SOFTWARE AND/OR CONTENT THEREIN.
13. LIMITATION OF LIABILITY.
IN NO EVENT SHALL BLOG NATION OR ANY OF ITS AFFILIATES OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SERVICES OR THE SITE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICES, (ii) ANY USE OR INABILITY TO USE THE SERVICES FOR WHATEVER REASON, OR (iii) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES OR THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Blog Nation reserves the right, without notice and in its sole discretion, to terminate your account with BlogNation and block or prevent you from accessing the Site or using the Services. Blog Nation has no obligation to return any User Content, Registration Data, or other materials you provide to Blog Nation in the course of using the Services or the Site.
15. Indemnification Obligations.
You agree to hold harmless, defend, and indemnify Blog Nation and its licensees, licensors and their officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorney's fees, that are due to, or that arise from your use or misuse of the Site and/or Services, any of your User Content or for infringement by you of intellectual property rights or other right of any third party. Blog Nation may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with BlogNation.
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of e-mail or other submissions to Blog Nation, or any postings on the Site, are non-confidential and shall become the sole property of Blog Nation. Blog Nation shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
17. Notices; Announcements.
Blog Nation may provide notices, including notice of any changes to this Agreement by displaying notices to you generally on the Site or by emailing you at the email address you provided Blog Nation. Blog Nation may change its addresses (email or mailing) by displaying such changes on the Site. By using the Site, you consent to receive emails from Blog Nation, which may include commercial emails.
YOU ACKNOWLEDGE AND AGREE THAT ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE OR SERVICES WILL BE SUBJECT TO ARBITRATION. YOU WAIVE YOUR RIGHT TO PROCEED IN COURT AND AGREE TO SUBMIT SUCH CLAIMS TO ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, WICH ONE ARBITRATOR PRESIDING.
Except for any agreements or policies explicitly referenced herein, this Agreement constitutes the complete and entire agreement between you and Blog Nation as it pertains to the Services and the Site. Blog Nation reserves all rights not granted in this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. You must be 16 years or older to use the Services.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT TO AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA (SEATTLE). YOU AGREE TO NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE OR THE SERVICES EXCEPT IN THE FOREGOING COURTS. SEATTLE, WASHINGTON SHALL BE THE SOLE AND EXCLUSIVE JURISDICTION FOR THE RESOLUTION OF ANY CLAIM WITH RESPECT TO YOUR USE OF THE SITE OR SERVICES, AND SUCH CLAIM(S) SHALL BE RESOLVED BY ARBITRATION, WITH ANY PROCEEDING TO CONFIRM THE ARBITRATION TO TAKE PLACE IN THE STATE OR FEDERAL COURTS OF KING COUNTY WASHINGTON (SEATTLE).