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Privacy Policy - Copyrights2011 © Blogtard.com
Terms & Conditions
Blogtard Terms and Conditions Welcome to Blogtard! Before you begin using Blogtard, you must read and agree to these Blogtard Terms and conditions including any future amendments. Although we may attempt to notify you when major changes are made to these Blogtard Terms of Conditions, you should periodically review the most up-to-date version . Blogtard may, at its sole discretion, modify or revise these Terms and Conditions and policies at any time and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use Blogtard. 1. Description of Conditions. Blogtard is a website for publishing your sole works. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the service is provided to you on an AS IS and AS AVAILABLE basis. Blogtard disclaims all responsibility and liability for the availability, timeliness, security or reliability of the services or any other client software. Blogtard also reserves the right to modify, suspend or discontinue the services with or without notice at any time and without any liability to you. You must be at least thirteen (13) years of age to use the services. 2. Proper Use. You agree that you are responsible for your own use of the services, for any posts you make and for any consequences thereof. You agree that you will use the services in compliance with all applicable local, state, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws. Violation of any of the foregoing, may result in immediate termination of this Agreement and may subject you to state and federal penalties and other legal consequences. Blogtard reserves the right, but shall have no obligation, to investigate your use of the Conditions in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. Much of the content of Blogtard.com -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings. Blogtard does not monitor the content of Blogtard.com and takes no responsibility for such content. Instead, Blogtard merely provides access to such content as a service to you. By their very nature, Blogtard.com may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabelled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgement when using Blogtard.com Blogtard does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any communications posted via the services or endorse any opinions expressed via the services. You acknowledge that any reliance on material posted via the services will be at your own risk. 3. Privacy. As a condition of using the services, you agree that Blogtard may access or disclose your personal information, including the content of your communications, if Blogtard is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute or court order) or as otherwise provided in these Terms and Conditions Personal information collected by Blogtard may be stored and processed in any country in which Blogtard or its agents maintain facilities. By using the services, you consent to any such transfer of information outside your country. 4. General Practices Regarding Use and Storage. You agree that Blogtard has no responsibility or liability for the deletion of or the failure to store or to transmit, any Content and other communications maintained by the services. Blogtard retains the right to create limits on use and storage at our sole discretion at any time with or without notice. 5. Content of the Conditions. Blogtard takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Blogtard have any obligation to monitor such third-party content. Blogtard reserves the right at all times to remove or refuse to distribute any content on the services, such as content which violates the terms of this Agreement. Blogtard also reserves the right to access, read, preserve and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) reply to user support requests or (e) protect the rights, property or safety of Blogtard, its users and the public. Blogtard will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. 6. Intellectual Property Rights. Blogtard's Intellectual Property Rights. You acknowledge that Blogtard owns all right, title and interest in and to the services including all intellectual property rights. Blogtard can at any point of time, with or without notice, use your content for its applications. Accordingly, you agree that you will not copy, reproduce, alter, modify or create derivative works from the services. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the services. As described below, Blogtard Rights do not include third-party content used as part of the Conditions, including the content of communications appearing on the Conditions. Your Intellectual Property Rights. Blogtard claims no ownership or control over any Content submitted, posted or displayed by you on or through Blogtard services. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Blogtard services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Blogtard services which are intended to be available to the members of the public, you grant Blogtard a worldwide, non-exclusive, royalty-free licence to reproduce, publish and distribute such Content on Blogtard services for the purpose of displaying and distributing Blogtard services. Blogtard furthermore reserves the right to refuse to accept, post, display or transmit any Content at its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted. You may choose to submit, post and display any materials on or through the Blogtard Conditions or Blogspot.com under a public licence (e.g. a Creative Commons licence), whether by manually marking your materials as such or using Blogtard service tools to do so. For avoidance of doubt, Blogtard is not a party to any such public licence between you and any third party. In addition, for avoidance of doubt, Blogtard may choose to exercise the rights granted under (a) the public licence or licences, if any, you apply to your materials or (b) this Agreement. 7. No Resale of the Conditions. Unless expressly authorised in writing by Blogtard, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the services, (b) use of the services or (c) access to the services. 8. Publicity. Any use of Blogtard's trade names, trademarks, Conditions marks, logos, domain names and other distinctive brand features ("Brand Features"), including "Blogtard", "Blogtard.com" must be in compliance with this Agreement and in compliance with Blogtard's then current Brand Features use guidelines and any content contained or referenced therein. 9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Blogtard to participate in the services is correct and current and (b) that you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. 10. Termination, Suspension. Blogtard may, at its sole discretion, at any time and for any reason, terminate the Conditions, terminate this Agreement or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8 and 10 - 15 of the Agreement, along with applicable provisions of the general Terms and Conditions (including the section regarding limitation of liability), shall survive expiry or termination. 11. Indemnification. You agree to hold harmless and indemnify Blogtard and its subsidiaries, affiliates, officers, agents and employees from and against any third-party claim arising from or in any way related to your use of the services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and lawyers' fees, of every kind and nature. In such a case, Blogtard will provide you with written notice of such claim, suit or action. 12. Entire Agreement. This Agreement constitutes the entire agreement between you and Blogtard and governs your use of the services, superseding any prior agreements between you and Blogtard. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Blogtard services, affiliate Conditionss, third-party content or third-party software. 13. Waiver and Severability of Terms. The failure of Blogtard to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. 14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Blogtard services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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