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Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the services and BlogBells’ websites (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you publish, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to your profile page to control who sees your Content). Personal profile pages’ permissions can be adjusted to control who can view posts that are on your personal page. Any material “published” will be viewed by anyone who accesses the site. You should only provide Content that you are comfortable sharing with others under these Terms.
Tip what you say on BlogBells may be viewed all around the world instantly. You are what you Blog!
You may use the Services only if you can form a binding contract with BlogBells and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that BlogBells provides are always evolving and the form and nature of the Services that BlogBells provides may change from time to time without prior notice to you. In addition, BlogBells may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. Additionally BlogBells reserves the right to remove any content deemed offensive or inappropriate. BlogBells encourages the exchange of intelligent ideas worldwide that is presented in an organized fashion. Published content that does not seem to fit the selected category can also be removed at BlogBells sole discretions without any notification to you or any user. BlogBells presents users with a platform to share their ideas around the world and reserves the right to select what remain on our site. BlogBells will not go through individual profiles or items posted to individuals personal profiles.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by BlogBells on the Services are subject to change. In consideration for BlogBells granting you access to and use of the Services, you agree that BlogBells and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. BlogBells cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
The following is a list of Content and Conduct that violates the Rules of Member Conduct - you may not use Blogbells to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
- harm minors in any way;
- solicit personal information from anyone under 18;
- impersonate any person or entity, including, but not limited to, a BlogBells’ official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through BlogBells;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- “stalk” or otherwise harass another;
- collect or store personal data about other users;
- upload, post, email or otherwise transmit any Content that provides instruction about illegal activities, including illegal drug use, child predation, terrorist activities, instructions in assembling or obtaining bombs or other weapons;
- upload, post, email or otherwise transmit any Content that encourages or promotes physical harm against any group or individual. This includes Content that encourages or promotes self-harm;
- interfere with or disrupt BlogBells or the servers or networks used to provide or receive BlogBells or disobey any requirement, procedure, policies and regulation of any networks used to provide and receive BlogBells
- intentionally or unintentionally violate any applicable local, state, national, foreign or international laws or regulation, including, any rule or regulation of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, any self-regulatory organization or the U.S. Securities and Exchange Commission.
You understand that all Content posted to the Website or otherwise transmitted via Blogbells is the sole responsibility of the individual who originally posted the Content, and that your sole recourse for any damage you may suffer as a result of such content shall be to such individual. You agree that Blogbells will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via BlogBells, and you hereby release Blogbells and its officers, directors, shareholders and employees there from. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
BlogBells reserves the right to preserve and disclose Content posted to or transmitted via Blogbells if reasonably necessary to:
- enforce this Agreement
- comply with a legal process
- protect the rights, property, or personal safety of any party.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will BlogBells be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain all ownership rights to your Content. Except for its ownership of the collection of all content on BlogBells, as described below, BlogBells does not claim ownership of any Content you publish in your area of the Website (“Your BlogBells Site”).
When you publish your Content on BlogBells, you grant BlogBells a temporary license to “rebroadcast” it. We need this license to be able to show your Content to other members and visitors.
By publishing Content on BlogBells’ Site you grant BlogBells a world-wide, royalty-free, and non-exclusive license to reproduce, distribute, transmit, publicly perform and publicly display the Content (as well as permit others - including without limitation BlogBells’ co-brand, content and syndication partners and users - to do the same) solely for the following purposes:
- Displaying, distributing and promoting BlogBells’ Site
- Promoting and marketing BlogBells’ products and services and general operation of the BlogBells’ Service
- Promoting and marketing the products and services of BlogBells’ partners and affiliates
- Promoting and marketing products and services related to your Content.
This license exists only for as long as the Content remains published on BlogBells’. You may delete your content at any time. This archival copy is not posted publicly on the BlogBells system; it is maintained solely so that BlogBells may recover content and restore accounts (in case of errors or system failure) or cooperate with law enforcement in order to make the BlogBells service safer. Except for this license for archival use, in the event that you remove the Content from Your BlogBells Site this license shall expire either.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
Tip This license is you authorizing us to make your published blogs and profiles set as public available to the rest of the world and to let others do the same.
You agree that this license includes the right for BlogBells to make such Content available to other companies, organizations or individuals who partner with BlogBells for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. What is yours is yours – you own your content (Photos, videos and texts) and Content or Profiles that are kept private or shared exclusively with selected group will not be made public. We only use published content and profiles that are public. BlogBells’ settings allow you choose setting for specific blogs as well as your entire profile which is private by default.
Such additional uses by BlogBells, or other companies, organizations or individuals who partner with BlogBells, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
You are responsible for your use of the Services, for any content you provide/publish, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. BlogBells will not be responsible or liable for any use of your Content by BlogBells in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
BlogBells gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by BlogBells as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BlogBells, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of BlogBells and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the BlogBells name or any of the BlogBells trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding BlogBells, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of BlogBells, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, BlogBell’s computer systems, or the technical delivery systems of BlogBell’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by BlogBells (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with BlogBells (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of BlogBells is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
BlogBells respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, BlogBells will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, BLOGBELLS AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. BlogBells will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that BlogBells 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. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from BlogBells or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BlogBells of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOGBELLS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BLOGBELLS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of BlogBells to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Maryland without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in College Park, Maryland, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Maryland (excluding choice of law).
We may revise these Terms from time to time, the most current version will always be at BlogBells.com. If the revision, in our sole discretion, is material we will notify you via an @BlogBells update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by WiYeFEY LLc. If you have any questions about these Terms, please contact us @ Email: Blogbells@blogbells.com
Effective: October 17, 2011