By clicking the button, you agree to the terms below:
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.
Basic 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.
Privacy
Any information that you provide to BlogBells is subject
to our Privacy Policy,
which governs our collection and use of your information. You understand that through
your use of the Services you consent to the collection and use (as set forth in
the Privacy Policy) of this information, including the transfer of this information
to the United States and/or other countries for storage, processing and use by BlogBells.
As part of providing you the Services, we may need to provide you with certain communications,
such as service announcements and administrative messages. These communications
are considered part of the Services and your BlogBells account, which you may not
be able to opt-out from receiving.
Passwords
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.
Member Conduct
BlogBells Terms of Use include the Rules of Member Conduct
below. These rules apply to any and all materials; including text, photograph, video
and music you post on BlogBells (“Content”) regardless of whether the
Content is included in blogs, e-mails, profiles, comments, skins or any other portion
or feature of BlogBells. These rules also apply to any other use you may make of
BlogBells (“Conduct”). Notwithstanding any provision of the Rules of
Member Conduct, BlogBells reserves the right not to post or to remove any Content
from BlogBells at any time, without notice, for any reason or no reason, at BlogBells
sole discretion.
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.
BlogBells has the right to determine whether any Content
or Conduct violates the Rules of Member Conduct or the Terms of Use in its sole
and absolute discretion but is not obligated to do so. Please contact us to report
any content or conduct you find violates the Rules of member conduct or the Terms
of Use.
You acknowledge that BlogBells has no responsibility for
monitoring, filtering or pre-screening Content, but that BlogBells and its designees
shall have the right (but not the obligation) in their sole discretion to refuse
or remove any Content that violates the Terms of Use or is otherwise objectionable.
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.
BlogBells reserves the right to take appropriate legal
action against anyone who uses BlogBells in violation of the Terms of Use. Whenever
BlogBells learns of any use of BlogBells in violation of or that may be in violation
of any applicable law, Blogbells may report this to law enforcement authorities
and otherwise cooperate with such authorities in their investigation.
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.
Your Rights
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.
BlogBells Rights
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.
Tip BlogBells does not disclose personally identifying
information to third parties except in accordance with our Privacy Policy.
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.
Copyright Policy
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:
Email: Blogbells@blogbells.com
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.
Links
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.
Exclusions
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).
Entire Agreement
These Terms, the BlogBells Rules and our Privacy Policy
are the entire and exclusive agreement between BlogBells and you regarding the Services
(excluding any services for which you have a separate agreement with BlogBells that
is explicitly in addition or in place of these Terms), and these Terms supersede
and replace any prior agreements between BlogBells and you regarding the Services.
Other than members of the group of companies of which BlogBells is the parent, no
other person or company will be third party beneficiaries to the Terms.
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
