Terms of Service
1.
ACCEPTANCE OF TERMS OF SERVICE
1.1
Welcome to the Blogs Via’ Da’ Web services, tools and software (collectively,
the "Blogs Via’ Da’ Web Service"), provided to you by Blogs Via’ Da’
Web, Inc. ("we" "us" "our" or "Blogs Via’ Da’
Web").
1.2
Your use of the Blogs Via’ Da’ Web Service or Blogs Via’ Da’ Web Web properties
through which the Blogs Via’ Da’ Web Service is available is subject to this Blogs
Via’ Da’ Web Terms of Service ("TOS") in effect at the time of your
use. Blogs Via’ Da’ Web reserves the right to update and change this TOS from
time to time without notice or acceptance by you, so please check this page
frequently for updates and changes. However, changes made to this TOS will not
apply to you to the extent that (i) the changes concern matters which are the
subject of an actual dispute between you and Blogs Via’ Da’ Web as of the date
the changes take effect and (ii) Blogs Via’ Da’ Web has actual notice of the
dispute as of the date the changes take effect.
1.3
Your use of the Blogs Via’ Da’ Web Service or Blogs Via’ Da’ Web Web properties
through which the Blogs Via’ Da’ Web Service is available is also subject to
the Blogs Via’ Da’ Web General Terms of Use (the "Terms of Use") in
effect at the time of your use, which are incorporated herein as though set
forth in full. For the purposes of the Terms of Use, the Blogs Via’ Da’ Web
Service is a "Service," any software that you download from Blogs Via’
Da’ Web to implement the Blogs Via’ Da’ Web Service is "Software,"
any account you create to use the Blogs Via’ Da’ Web Service is an
"Account" and each of Blogs Via’ Da’ Web Web properties through which
the Blogs Via’ Da’ Web Service is available is a "Site." You can
review the most current version of the Terms of Use by clicking here at any
time. In the event of any conflict between this TOS and the Terms of Use, this
TOS will control. For the avoidance of doubt, if there are terms and conditions
in the Terms of Use regarding subjects on which this TOS is silent, such
silence will not constitute a conflict and the terms and conditions in the
Terms of Use will control.
1.4
Your use of the Blogs Via’ Da’ Web Service or Blogs Via’ Da’ Web Web properties
through which the Blogs Via’ Da’ Web Service is available is also subject to
the Blogs Via’ Da’ Web Privacy Policy in effect at the time of your use, which
is incorporated herein as though set forth in full. For the purposes of the Blogs
Via’ Da’ Web Privacy Policy, the Blogs Via’ Da’ Web Service, any software that
you download from Blogs Via’ Da’ Web to implement any part of the Blogs Via’ Da’
Web Service and Blogs Via’ Da’ Web Web properties through which the Blogs Via’
Da’ Web Service is available, singly and in combination, constitute part of the
"Blogs Via’ Da’ Web Sites, Products and Services." You can review the
most current version of the Blogs Via’ Da’ Web Privacy Policy by clicking here
at any time.
1.5
By signifying your acceptance of this TOS or making any use of the Blogs Via’
Da’ Web Service, you signify your irrevocable acceptance of this TOS, the Terms
of Use and the Blogs Via’ Da’ Web Privacy Policy in effect at the time of your
use. If you are an individual acting as a representative of a corporation or
other legal entity which wishes to use the Blogs Via’ Da’ Web Service, then you
represent and agree that you have the authority to accept this TOS, the Terms
of Use and the Blogs Via’ Da’ Web Privacy Policy on behalf of such corporation
or other legal entity and that all provisions of this TOS, the Terms of Use and
the Blogs Via’ Da’ Web Privacy Policy will bind that corporation or other legal
entity as if it were named in this TOS, the Terms of Use and the Blogs Via’ Da’
Web Privacy Policy in place of you.
1.6
The Blogs Via’ Da’ Web Service is not intended for users under the age of
thirteen (13). By signifying your acceptance of this TOS or making any use of
the Blogs Via’ Da’ Web Service, you represent and warrant that you are at least
thirteen (13) years of age.
2.
REGISTRATION, ACCOUNT INFORMATION AND SECURITY
2.1
When you register to use the Blogs Via’ Da’ Web Service, you must provide true,
accurate, current and complete information about yourself and maintain and
promptly update your account information to keep it true, accurate, current and
complete.
2.2
You are responsible for maintaining control over access to your account,
including the confidentiality of your account log-in and password, and are
responsible for all activities that occur on or through your account, whether
authorized by you or not. Blogs Via’ Da’ Web will not be liable for any loss or
damage arising from your failure to maintain control over access to your
account.
3.
VERSIONS AND SERVICE LEVELS
3.1
The Blogs Via’ Da’ Web Service may be made available in free or paid versions
and/or in different service levels. Not all of the features and functionality
of the Blogs Via’ Da’ Web Service may be available in each version or service
level. The features and functionality of each version or service level may be
changed from time to time at Blogs Via’ Da’ Web discretion.
3.2
Blogs Via’ Da’ Web reserves the right to change, suspend or discontinue part or
all of any version of the Blogs Via’ Da’ Web Service at any time, for any
reason, without notice and without explanation.
4.
PROFESSIONAL SERVICES
4.1
Blogs Via’ Da’ Web may offer certain professional services, such as design,
customization and launch services, to users of the Blogs Via’ Da’ Web Service
(collectively, the "Professional Services"). If you desire to engage Blogs
Via’ Da’ Web to provide Professional Services, you and Blogs Via’ Da’ Web will
document the scope, cost, schedule and deliverables for each such Professional
Services engagement in a separate Statement of Work to be executed by both
parties. Each Statement of Work will be subject to all of the terms and
conditions of this TOS. In the event of any conflict between this TOS and any
Statement of Work, the terms of the Statement of Work will control.
4.2
Blogs Via’ Da’ Web or one of its affiliates will perform the Professional
Services described in each Statement of Work in a competent and professional
manner and will use its reasonable commercial efforts to cause the Professional
Services to be completed according to the schedule set forth in the Statement
of Work. You will provide all assistance and cooperation reasonably necessary
to permit Blogs Via’ Da’ Web or its affiliate to timely and efficiently provide
the Professional Services. You acknowledge that Blogs Via’ Da’ Web will not be
in breach of any Statement of Work if Blogs Via’ Da’ Web or its affiliate's
failure to provide the Professional Services is caused by your failure to
provide the necessary assistance and cooperation.
4.3
Upon payment in full of all of Blogs Via’ Da’ Web invoiced fees for the
Professional Services, you will have a worldwide, royalty-free, non-exclusive,
non-transferable right and license to use the deliverables specified in the
corresponding Statement of Work (the "Deliverables") solely in
connection with your Blogs Via’ Da’ Web account. You will not rent, sell,
assign, lease, sublicense or otherwise transfer any Deliverables.
4.4
Blogs Via’ Da’ Web owns all right, title and interest in and to the
Deliverables. Blogs Via’ Da’ Web reserves all rights to the Deliverables that
are not expressly granted to you herein. Nothing herein will be construed as
granting you any property rights in the Deliverables, or to any invention or
any patent, copyright, trademark, or other intellectual property right that has
been issued, or that may issue, based on the Deliverables. The Deliverables are
licensed hereby, not sold.
5.
PAYMENT TERMS APPLICABLE TO PAID VERSIONS OF THE Blogs Via’ Da’ Web SERVICE
5.1
In order to register for or use a paid version of the Blogs Via’ Da’ Web
Service, you may be required to provide Blogs Via’ Da’ Web with billing and
account information ("Billing Information") for a credit card,
payment card or another payment system for which you are authorized to approve
charges (each, a "Payment Source") to allow Blogs Via’ Da’ Web to
collect payment from you for your use of the Blogs Via’ Da’ Web Service. You
must provide Blogs Via’ Da’ Web with true, accurate, current and complete
Billing Information and maintain and promptly update your Billing Information
to keep it true, accurate, current and complete.
5.2
You authorize Blogs Via’ Da’ Web too automatically and immediately bill your
Payment Source when charges for your use of the paid version of the Blogs Via’
Da’ Web Service are due, without any further action on your part or other prior
notice on the part of Blogs Via’ Da’ Web. You assume full responsibility for
such charges, even if such charges are declined or not paid by your Payment
Source.
5.3
If you register to use a paid version of the Blogs Via’ Da’ Web Service on a
free-trial basis and you do not cancel the trial before the expiration of the
trial period, then, upon the expiration of the trial period, your account will
be automatically converted to a paid account and your Payment Source will be
billed for that paid Blogs Via’ Da’ Web Service.
5.4
If your Payment Source is invalid, if charges billed to your Payment Source are
declined or not paid or if you fail to pay charges for a paid version of the Blogs
Via’ Da’ Web Service when due, your account may be downgraded, suspended or
cancelled, at Blogs Via’ Da’ Web discretion. If your account is suspended, Blogs
Via’ Da’ Web may, but is not obligated to, maintain your account and/or related
content and information, in order to allow you pay the past-due charges and
restore your account. If the charges are not paid, your account may be
cancelled.
5.5
Unless stated to the contrary, all charges for paid versions of the Blogs Via’
Da’ Web Service are non-refundable, even if your use of the paid version of the
Blogs Via’ Da’ Web Service is cancelled before the end of your current billing
period.
5.6
Unless stated to the contrary, all currency references in paid versions of the Blogs
Via’ Da’ Web Service are in U.S. dollars.
6.
ADDITIONAL PAYMENT TERMS APPLICABLE TO Blogs Via’ Da’ Web BUSINESS CLASS
SERVICE ACCOUNTS
6.1
If you subscribe to Blogs Via’ Da’ Web Business Class Service on an annual
basis, your payment of the Service Fee for the initial annual term is due on the
Effective Date specified in your Blogs Via’ Da’ Web Business Class upgrade
form. Payment of the Service Fee for each annual term thereafter is due in
advance on the first day of each such annual term. Blogs Via’ Da’ Web will
invoice you for such Service Fees and you will pay each such invoice within
thirty (30) days of its date.
6.2
If you subscribe to Blogs Via’ Da’ Web Business Class Service on a monthly
basis, your payment of the Service Fee for the initial monthly term is due on
the Effective Date specified in your Blogs Via’ Da’ Web Business Class upgrade
form. Payment of the Service Fee for each monthly term thereafter is due in
advance on the first day of each such monthly term. The Service Fee will be
paid to Blogs Via’ Da’ Web via your Payment Source. Blogs Via’ Da’ Web will not
initiate your Blogs Via’ Da’ Web Business Class Service monthly subscription
until Blogs Via’ Da’ Web receives payment of the Service Fee for the initial
monthly term in full.
6.3
Blogs Via’ Da’ Web reserves the right to audit and determine, in its sole
discretion, whether the actual number of your Blogs Via’ Da’ Web Business Class
Blogs is in excess of the number of Blogs specified in your Blogs Via’ Da’ Web
Business Class upgrade form. Blogs Via’ Da’ Web audit will be conclusive for
the purposes of this determination. If Blogs Via’ Da’ Web determines that the
actual number of your Blogs Via’ Da’ Web Business Class Blogs is in excess of
the number of Blogs specified in your Blogs Via’ Da’ Web Business Class upgrade
form, then:
(a)
If you subscribe to Blogs Via’ Da’ Web Business Class Service on an annual
basis, Blogs Via’ Da’ Web may, in its sole discretion, (a) terminate your Blogs
Via’ Da’ Web Business Class account upon written notice to you or (b) invoice
you the incremental Service Fee applicable to the actual number of your Blogs
Via’ Da’ Web Business Class Blogs, retroactive to the date of creation of each
such new Blog and through and including the end of the then-current annual
term. You will pay such invoice within thirty (30) days of its date. Your Blogs
Via’ Da’ Web
Business Class account and annual Service Fee will be deemed
amended effective on the date of Blogs Via’ Da’ Web invoice to reflect the
actual number of your Blogs Via’ Da’ Web Business Class Blogs.
(b)
If you subscribe to Blogs Via’ Da’ Web Business Class Service on a monthly
basis, Blogs Via’ Da’ Web may, in its sole discretion, (a) terminate your Blogs
Via’ Da’ Web Business Class account upon written notice to you or (b) provide
you with an amended credit or debit card payment authorization agreement for
(b)(i) the incremental Service Fee applicable to the actual number of your Blogs
Via’ Da’ Web Business Class Blogs, retroactive to the date of creation of each
such new Blog and through and including the end of the then-current monthly
term and (b)(ii) the new Service Fee reflecting the actual number of your Blogs
Via’ Da’ Web Business Class Blogs on a going-forward basis after the end of the
then-current monthly term. You will execute and return such payment
authorization agreement within fifteen (15) days of its date. Your Blogs Via’
Da’ Web Business Class account and monthly Service Fee will be deemed amended
effective on the date of the payment authorization agreement to reflect the
actual number of your Blogs Via’ Da’ Web Business Class Blogs.
6.4
If your account exceeds the maximum bandwidth/Blog/month specified in your Blogs
Via’ Da’ Web Business Class upgrade form, Blogs Via’ Da’ Web will invoice you
the "Overage Fees" specified in your Blogs Via’ Da’ Web Business
Class upgrade form and you will pay each such invoice within thirty (30) days
of its date.
6.5
Blogs Via’ Da’ Web will invoice you for any Professional Services fees on a
monthly basis and you will pay each such invoice no later than thirty (30) days
after receipt.
6.6
In addition to any other remedies available to Blogs Via’ Da’ Web, you will pay
a late fee of one and one-half percent (1.5%) per month (or the maximum amount
permitted by law, whichever is less) for any late payments hereunder.
6.7
As between you and Blogs Via’ Da’ Web, you will, in addition to the other
amounts payable to Blogs Via’ Da’ Web, pay all sales and excise taxes and other
taxes, federal, state, or otherwise, as well as customs duties where
applicable, however designated, which are levied or imposed by reason of any
transaction pursuant to this Blogs Via’ Da’ Web Terms of Service, other than
those taxes based on the income of Blogs Via’ Da’ Web. You will pay to Blogs
Via’ Da’ Web an amount equal to any such taxes or duties actually paid, or
required to be collected or paid, by Blogs Via’ Da’ Web.
7.
UPGRADES AND DOWNGRADES
7.1
Blogs Via’ Da’ Web may make available the ability for you to voluntarily
upgrade or downgrade your account between free or paid versions and/or
different service levels of the Blogs Via’ Da’ Web Service. In addition, Blogs
Via’ Da’ Web reserves the right to downgrade your account if you fail to pay
charges for a paid version of the Blogs Via’ Da’ Web Service when due or if you
cancel your account for a paid version of the Blogs Via’ Da’ Web Service
without requesting that Blogs Via’ Da’ Web delete your account completely.
7.2
If your account is upgraded from a free version of the Blogs Via’ Da’ Web
Service to a paid version of the Blogs Via’ Da’ Web Service, your Payment
Source will be automatically billed for that paid Blogs Via’ Da’ Web Service.
7.3
If your account is upgraded to a service level of a paid version of the Blogs
Via’ Da’ Web Service for which the charges are greater than your current
service level, your Payment Source will be automatically billed a pro-rata
amount of the charges due for the balance of your current billing period.
7.4
If your account is downgraded from a paid version of the Blogs Via’ Da’ Web
Service to a free version of the Blogs Via’ Da’ Web Service, or your account is
downgraded to a service level of a paid version of the Blogs Via’ Da’ Web
Service for which the charges are less than your current service level, you
will not receive a refund of the difference in the charges due for the balance
of your current billing period.
7.5
If your account is downgraded from a paid version of the Blogs Via’ Da’ Web
Service to which a discount is applied (including but not limited to a term or
volume discount) to a paid version of the Blogs Via’ Da’ Web Service to which a
lesser or no discount is applied, Blogs Via’ Da’ Web may bill your Payment
Source to recover the amount of the difference in the charges due retroactive
to the first date the discount was applied.
7.6
Upgrading or downgrading your account between different versions or service
levels of the Blogs Via’ Da’ Web Service may result in changes to the features
and functionality available to you. Further, downgrading your account may
result in some or all of the content and information relating to your account
being no longer available to you and/or being deleted by Blogs Via’ Da’ Web. Blogs
Via’ Da’ Web will have no liability for content or information that is no
longer available to you or that is deleted due to the downgrading of your
account.
8.
CONTENT AND CONTENT LICENSES
8.1
Blogs Via’ Da’ Web does not claim ownership over the content you post on the Blogs
Via’ Da’ Web Service. After posting your content, you continue to retain your
ownership of your content and you continue to have the right to use and license
your content in any way you choose. But by using the Blogs Via’ Da’ Web Service
or Blogs Via’ Da’ Web Web properties through which the Blogs Via’ Da’ Web
Service is available, you are granting Blogs Via’ Da’ Web a nonexclusive,
worldwide, royalty-free, sublicense able and transferable right and license to
use, reproduce, create derivative works of, distribute, publicly perform and
publicly display your content, subject to any restrictions on such distribution
which you may implement through any content distribution controls provided to
you by Blogs Via’ Da’ Web as part of the Blogs Via’ Da’ Web Service. This
license ends when you delete your content or your account (except to the extent
that your content has been shared with others or syndicated to third parties
and they have not deleted it). You may always decline to submit content to Blogs
Via’ Da’ Web, but please be aware that your decision may prevent you from being
able to use all or portions of the Blogs Via’ Da’ Web Service.
8.2
You acknowledge that Blogs Via’ Da’ Web does not pre-screen content, but that Blogs
Via’ Da’ Web and its designees will have the right (but not the obligation) in
their sole discretion to refuse or remove any content that is available via the
Blogs Via’ Da’ Web Service.
8.3
You will evaluate, and bear all risks associated with, the use of any content,
including any reliance on the accuracy, completeness, or usefulness of such
content and you understand that all content is the sole responsibility of the
person from which such content originated. This means that you, and not Blogs
Via’ Da’ Web, are entirely responsible for all content that you upload, post,
transmit or otherwise make available via the Blogs Via’ Da’ Web Service. Blogs
Via’ Da’ Web does not control the content posted via the Blogs Via’ Da’ Web
Service and, as such, does not guarantee the accuracy, integrity or quality of
such content.
8.4
You understand that by using the Blogs Via’ Da’ Web Service, you may be exposed
to content that is offensive, indecent or objectionable. Under no circumstances
will Blogs Via’ Da’ Web 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,
transmitted or otherwise made available via the Blogs Via’ Da’ Web Service.
8.5
Blogs Via’ Da’ Web may preserve content and may also disclose content if
required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce this TOS, the Terms of Use and the Blogs Via’ Da’ Web Privacy Policy;
(c) respond to claims that any content violates the rights of any third party;
or (d) protect the rights, property, or personal safety of Blogs Via’ Da’ Web,
its users and the public.
8.6
The technical processing and transmission of the Blogs Via’ Da’ Web Service,
including your content, may involve transmissions over various networks and
changes to conform and adapt to technical requirements of connecting networks
or devices.
9.
CANCELLATION AND TERMINATION
9.1
If you voluntarily cancel a paid version of the Blogs Via’ Da’ Web Service
before the end of your current billing period, your cancellation will take
effect upon Blogs Via’ Da’ Web receipt and processing of your cancellation
request.
9.2
Blogs Via’ Da’ Web, in its sole discretion, may terminate your password and/or
account and remove and discard any content within the Blogs Via’ Da’ Web
Service for any reason, including and without limitation lack of use, or if Blogs
Via’ Da’ Web believes that you have violated or acted inconsistently with the
letter or spirit of this TOS, the Terms of Use or the Blogs Via’ Da’ Web
Privacy Policy. In such event, any contracts, verbal or written or assumed, in
conjunction with your account and all its parts, at Blogs Via’ Da’ Web
discretion, will be terminated as well.
9.3
Blogs Via’ Da’ Web, in its sole discretion and at any time, may discontinue
providing the Blogs Via’ Da’ Web Service, or any part thereof, with or without
notice. Any termination of your access to the Blogs Via’ Da’ Web Service under
any provision of this TOS may be effected without prior notice. Blogs Via’ Da’
Web may immediately deactivate or delete your account, as applicable and all
related information and content. Blogs Via’ Da’ Web reserves the right to bar
any further access to such information or content or the Blogs Via’ Da’ Web
Service. Blogs Via’ Da’ Web will not be liable to you or any third party for
any termination of your access to the Blogs Via’ Da’ Web Service.
9.4
After cancellation or termination of your account for any reason, you will no
longer have access to your account and all information and content in your
account or that you have stored on the Blogs Via’ Da’ Web Service may be
deleted by Blogs Via’ Da’ Web. Blogs Via’ Da’ Web will have no liability for
information or content that is deleted due to the cancellation or termination
of your account for any reason.
10.
ADDITIONAL CANCELLATION AND TERMINATION TERMS APPLICABLE TO Blogs Via’ Da’ Web
BUSINESS CLASS ACCOUNTS
10.1
If you subscribe to Blogs Via’ Da’ Web Business Class Service on an annual
basis, your subscription will commence on the Effective Date specified in your Blogs
Via’ Da’ Web Business Class upgrade form and will remain in full force and
effect for an initial term of one (1) year, after which it will automatically
renew for subsequent terms of one (1) year each unless terminated earlier by
you or by Blogs Via’ Da’ Web. You may terminate your Blogs Via’ Da’ Web
Business Class Service annual subscription only at the end of a full annual
term, by giving Blogs Via’ Da’ Web at least thirty (30) days advance written
notice of such termination.
10.2
If you subscribe to Blogs Via’ Da’ Web Business Class Service on a monthly
basis, your subscription will commence on the Effective Date specified in your Blogs
Via’ Da’ Web Business Class upgrade form and will remain in full force and
effect for an initial term of one (1) month, after which it will automatically
renew for subsequent terms of one (1) month each unless terminated earlier by
you or by Blogs Via’ Da’ Web. You may terminate your Blogs Via’ Da’ Web
Business Class Service monthly subscription only at the end of a full monthly
term, by giving Blogs Via’ Da’ Web at least fifteen (15) days advance written
notice of such termination.
11.
ADDITIONAL SOFTWARE
11.1
With respect to any additional software that may be made available by Blogs Via’
Da’ Web in connection with the Blogs Via’ Da’ Web Service, if you elect to
download or access such additional software, you understand that you may have
to agree to additional terms and conditions before you use such software.
12.
INTERSTATE AND INTERNATIONAL USE
12.1
In using the Blogs Via’ Da’ Web Service to send electronic communications, and
as a result of Blogs Via’ Da’ Web network architecture and business practices
and the nature of electronic communications in general, you acknowledge that
your communications may constitute interstate or international communications
and/or data transmissions regardless of where you are physically located at the
time of transmission.
12.2
The Blogs Via’ Da’ Web Service is hosted in the United States. If you use the Blogs
Via’ Da’ Web Service from outside of the United States, you are voluntarily
transferring information (potentially including personally-identifiable
information) and content to the United States and agreeing that Blogs Via’ Da’
Web collection, use, storage and sharing of your information and content is
exclusively subject to the laws of the United States, not of the jurisdiction
in which you are located.
12.3
You will comply with all United
States laws, rules and regulations
applicable to the export of products, services, software and technical data
regardless of the jurisdiction in which you are located.
13.
ADVERTISING AND ADVERTISERS
13.1
The Blogs Via’ Da’ Web Service may include advertisements, which are necessary
for Blogs Via’ Da’ Web to provide the Service. Blogs Via’ Da’ Web reserves the
right to include advertisements in different versions and/or in different
service levels of the Blogs Via’ Da’ Web Service at its discretion.
13.2
In certain versions and/or in different service levels of the Blogs Via’ Da’
Web Service, you may be allowed to place advertisements of your choosing. Your
advertisement placements may be subject to additional terms and conditions.
13.3
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Blogs Via’ Da’ Web Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. Blogs Via’ Da’ Web will not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on
the Blogs Via’ Da’ Web Service.
14.
LINKS
14.1
The Blogs Via’ Da’ Web Service may provide, or third parties may provide, links
to other content, products, services or Web sties which are not owned or
operated by Blogs Via’ Da’ Web. Because Blogs Via’ Da’ Web has no control over
such content, products, services or Web sties, Blogs Via’ Da’ Web is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. Blogs
Via’ Da’ Web 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 use of
or reliance on any such content, products, services or Web sties.
15.
INDEMNITY
15.1
You will indemnify and hold Blogs Via’ Da’ Web, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your content, your use of the Blogs
Via’ Da’ Web Service, your connection to the Blogs Via’ Da’ Web Service, your
violation of this TOS, the Terms of Use or the Blogs Via’ Da’ Web Privacy
Policy, or your violation of any rights of another, whether you are a
registered user or not.
16.
RESALE OF Blogs Via’ Da’ Web SERVICE
16.1
You will not reproduce, duplicate, copy, sell, resell or exploit any portion of
the Blogs Via’ Da’ Web Service, use of the Blogs Via’ Da’ Web Service or access
to the Blogs Via’ Da’ Web Service without the express permission by Blogs Via’
Da’ Web.
17.
GENERAL PRACTICES REGARDING USE AND STORAGE
17.1
Blogs Via’ Da’ Web may establish general practices and limits concerning use of
the Blogs Via’ Da’ Web Service and may modify such practices and limits from
time to time.
18.
MODIFICATIONS TO THE Blogs Via’ Da’ Web SERVICE
18.1
Blogs Via’ Da’ Web reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Blogs Via’ Da’ Web
Service (or any part thereof) with or without notice at any time. You agree
that Blogs Via’ Da’ Web will not be liable to you or to any third party for any
modification, suspension or discontinuance of the Blogs Via’ Da’ Web Service.
19.
CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS
19.1
The Blogs Via’ Da’ Web Service and any necessary software used in connection
with the Blogs Via’ Da’ Web Service contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. Content contained in sponsor advertisements or information presented to
you through the Blogs Via’ Da’ Web Service or advertisers may be protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by Blogs Via’ Da’ Web or advertisers, you
will not modify, rent, lease, loan, sell, distribute or create derivative works
based on the Blogs Via’ Da’ Web Service, any necessary software used in
connection with the Blogs Via’ Da’ Web Service or any advertiser's content, in
whole or in part.
19.2
Blogs Via’ Da’ Web does not want to receive confidential or proprietary
information from you through the Blogs Via’ Da’ Web Service or by email. Unless
otherwise agreed in writing by an authorized Blogs Via’ Da’ Web representative,
any material, information or idea you transmit to Blogs Via’ Da’ Web by any
means may be disseminated or used by Blogs Via’ Da’ Web or its affiliates
without compensation or liability to you for any purpose whatsoever, including,
but not limited to, developing, manufacturing and marketing products. However,
this provision does not apply to content or to your personal information that
is subject to the Blogs Via’ Da’ Web Privacy Policy.
20.
DISCLAIMER OF WARRANTIES
20.1
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a)
YOUR USE OF THE Blogs Via’ Da’ Web SERVICE IS AT YOUR SOLE RISK. THE Blogs Via’
Da’ Web SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Blogs Via’ Da’ Web 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.(b)
Blogs Via’ Da’ Web WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE Blogs Via’ Da’
Web SERVICE, HOWEVER, Blogs Via’ Da’ Web IS NOT RESPONSIBLE FOR ANY DAMAGE,
LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO
BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION,
RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO
YOUR SHARING OF ACCESS TO THE Blogs Via’ Da’ Web SERVICE, OR OTHER INTERACTION
WITH THE Blogs Via’ Da’ Web SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND
BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE Blogs Via’ Da’ Web
SERVICE. Blogs Via’ Da’ Web DOES NOT WARRANT THAT (i) THE Blogs Via’ Da’ Web
SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE Blogs Via’ Da’ Web
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE Blogs Via’ Da’ Web SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Blogs Via’ Da’ Web
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE Blogs Via’ Da’
Web SERVICE WILL BE CORRECTED.(c)
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Blogs Via’
Da’ Web SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.(d)
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE
Blogs Via’ Da’ Web SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THIS TOS.
21.
LIMITATION OF LIABILITY21.1
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Blogs Via’ Da’ Web 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 Blogs Via’ Da’ Web HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE Blogs Via’ Da’ Web SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE Blogs Via’ Da’ Web SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE Blogs Via’ Da’ Web SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE Blogs Via’ Da’ Web SERVICE.
22.
EXCLUSIONS AND LIMITATIONS22.1
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 OF SECTIONS 18 AND 19 MAY NOT APPLY
TO YOU.
23.
U.S.
GOVERNMENT RESTRICTED RIGHTS23.1
If you are an agency of the United States Government, the Blogs Via’ Da’ Web
Service is a "Commercial Item," as that term is defined at 48 C.F.R.
Section 2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation," as such terms are used
in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable.
Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to the United
States Government (a) only as Commercial Items and (b) with only those rights
as are granted to all other end users pursuant to the terms and conditions
herein. All unpublished rights are reserved under the copyright laws of the United States.
For purpose of any public disclosure provision under any law, it is agreed that
the Blogs Via’ Da’ Web Service is a trade secret and proprietary commercial
product and not subject to disclosure.
24.
GENERAL4.1
Notices to you2may be made via either email or regular mail. Blogs Via’ Da’ Web
may also provide notices of changes to this TOS or other matters by displaying
notices or links to notices to you generally on the Blogs Via’ Da’ Web Service.
24.2
This TOS and the relationship between you and Blogs Via’ Da’ Web will be
governed by the laws of the State of California
without regard to its conflict of law provisions. You and Blogs Via’ Da’ Web
agree to submit to the personal and exclusive jurisdiction of the courts
located within San Francisco,
California with regard to all
disputes arising in any manner from the Blogs Via’ Da’ Web Service, Blogs Via’
Da’ Web Web properties through which the Blogs Via’ Da’ Web Service is
available or this TOS.
24.3
The failure of Blogs Via’ Da’ Web to exercise or enforce any right or provision
of this TOS will not constitute a waiver of such right or provision. This TOS
constitutes the entire agreement between you and Blogs Via’ Da’ Web and governs
your use of the Blogs Via’ Da’ Web Service, superseding any prior agreements
between you and Blogs Via’ Da’ Web (including, but not limited to, any prior
versions of this TOS). If any provision of this TOS or incorporated documents
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
this TOS will remain in full force and effect.
24.4
You also may be subject to additional terms and conditions that may apply when
you use affiliated or other Blogs Via’ Da’ Web services, third-party content or
third-party software.
24.5
Regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Blogs Via’ Da’ Web Service, Blogs Via’
Da’ Web Web properties through which the Blogs Via’ Da’ Web Service is
available or this TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
24.6
The section titles in this TOS are for convenience only and have no legal or
contractual effect.Last
updated March 4, 2011
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© 2011 Blogs Via’ Da’ Web. All rights reserved.
