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Terms and Conditions of Use
Terms & Conditions:
This document was last modified on August 7, 2007. The following are the terms and conditions for use of Blogging Systems services (the “Service”). Please read them carefully. Our Service is offered to you with the condition you accept without modification the terms and conditions contained herein. Blogging Systems may change the Terms of Service at any time. Accordingly, you should return to this web page to check for changes to the Terms of Services from time to time. BY ACCESSING AND USING THE SERVICE, YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF AND YOUR EMPLOYER, IF APPLICABLE, TO THE TERMS OF THIS AGREEMENT AND (2) CONSENTING ON BEHALF OF YOURSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOUR ACCESS OF OUR WEB SERVERS MAY CONSTITUTE A TRESPASS UNDER APPLICABLE LAW. 1. GENERAL These Terms of Service (the "Agreement") are entered into by and between the customer ("you", "your" or "Subscriber") and Blogging Systems LLC ("Blogging Systems", "us" or "we"). You are deemed to have accepted this Agreement upon your use of the Service (see Paragraph 2). This Agreement is made up of the terms below, plus the Privacy Policy, all attachments to this Agreement, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. The Agreement and related policies are also set forth on the Blogging Systems website (http://www.Blogging Systems.com) ("Website"). The Agreement sets forth the terms and conditions under which you agree to use the Service, and under which Blogging Systems agrees to provide the Service to you. You may also receive a paper copy of this Agreement either by telephoning Blogging Systems at 800-985-2564 or by writing to us at Blogging Systems LLC, P.O. Box 250, Princeton Junction, NJ 08550, Attention: Customer Service. 2. DEFINITION OF SERVICE For purposes of this Agreement, the term "Service" shall mean the weblog (“blog”) website located at www.internationalspeakersblog.com and the weblogging software made available by Blogging Systems at that address. 3. AUTHORIZED USER, USE, AND RESPONSIBILITIES 3.1 All text, graphics, sound, video and other materials posted on the weblogs accessible through the Services ("Content") are the sole responsibility of the person from which such Content originated. You are entirely responsible for all Content that you make available via the Services. You understand the Service may be moderated by a third party (the “Moderator”) and that the Moderator may, but is not obligated to, monitor and remove postings which they deem inappropriate. Blogging Systems and our sponsors are not responsible for Content posted to the Service. Blogging Systems and our sponsors do not control the Content posted via the Service and, as such, do not guarantee the accuracy or quality of such Content. 3.2 You agree that you will not: (a) use the Services to post Content that invades the privacy of another person (such as posting personal contact information without prior written consent), is harmful, harassing, tortuous, libelous, defamatory, derogatory, obscene, discriminatory, or otherwise unlawful; (b) use the Services to post any Content to which you do not have adequate rights to post, including Content which infringes or misappropriates any copyright, trade secret, patent, trademark, right of privacy or publicity, or other proprietary rights of any party, and/or content which you are obligated by fiduciary or contractual obligation to keep secret; (c) use the Services to post or transmit spam, or other unsolicited commercial email, including without limitation, multiple postings of similar messages and linking to unrelated sites; (d) disguise the origin of any Content posted by you, including forging header information or misstating your affiliation with any group or individual; (e) post or use the Services to transmit any material that contains viruses, malware, spyware, worms, Trojan horses or any other computer code intended to obfuscate, destroy or limit the functionality of any computer system; (i) use the Services for any commercial purpose, including, without limitation, the sale of any item, without express prior written permission from the moderator; or (j) otherwise use the Services to violate or in violation of any applicable law or regulation. 3.3 In the event you violate any of the terms of 3.2, in the sole opinion of Blogging Systems, Blogging Systems may remove your content from the site and terminate your ability to post Content. 3.4 You hereby grant Blogging Systems a non-exclusive, irrevocable, perpetual, worldwide, royalty free license, to use, copy, modify, distribute, perform, disclose and display any Content you post, and to sublicense the foregoing rights to others. 4. PRIVACY POLICY Blogging Systems will treat your personal information in accordance with its current Privacy Policy, subject to change from time to time. You agree to the terms of the Privacy Policy, which describes Blogging Systems' use and disclosure of information about you and your use of the Service. 5. AVAILABILITY OF SERVICE 5.1 The Service you select may not be available at all times, and may not be available in the format generally marketed, and some personal computers may not be able to receive the Service. All Services are provided on an AS IS basis. 5.2 Blogging Systems or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control. 6. LICENSE 6.1 You are hereby granted a revocable, non-exclusive, non-transferable license by Blogging Systems to access and use the Service. Except as specified in Section 6.2, the software and materials (“Software”) used by us to provide the Service to you contains copyrighted material, trade secrets, patents, and proprietary information owned by Blogging Systems and its third party licensors, providers, or suppliers. You may not access the Service for the purpose of de-compiling, reverse engineering, disassembling, attempting to discover any source code or underlying ideas or algorithms of such Software. Nor are you permitted to access the Service for the purpose of modifying, renting, leasing, loaning, copying, sublicensing or distributing any portion of the Software. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that Blogging Systems or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades. The Software may be used in the United States only, and any export of the Software is strictly prohibited. 6.2 “ENTERPRISE PUBLISHER™,” "COMMUNITY PUBLISHER™," "PERSONAL PUBLISHER™," "CONTENT MANAGER"™ and any other trademarks and service marks used by Blogging Systems to identify Blogging Systems products and services belong to Blogging Systems. You have no rights in such marks except as specified in writing between the parties. 7. CONFIDENTIALITY 7.1 You acknowledge that you will receive Confidential Information (as defined below) from Blogging Systems during the term of this Agreement. You may disclose our Confidential Information only to persons (1) employed by or affiliated with you having the need to know the information for the purpose of this Agreement, and (2) subject to confidentiality restrictions at least as protective of our Confidential Information as the terms set forth in this Section. You agree to treat our Confidential Information as you do your own valuable and sensitive information of a similar nature, and, in any event, with not less than reasonable care. You may not use our Confidential Information for any purpose other than the purposes contemplated by this Agreement. Upon our written request, you shall return or certify the destruction of all Confidential Information. The obligations of confidentiality set forth herein shall survive any termination or expiration of this Agreement. 7.2 The term “Confidential Information” shall mean any and all information or proprietary materials (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available to you in connection with the efforts contemplated hereunder, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any information related thereto, (iii) information relating to business plans, sales or marketing methods and customer lists or requirements and (iv) information related to the Software and Service. 7.3 You understand and agree that failure to abide by this Section 7 may cause Blogging Systems irreparable harm for which damages, although available, will not be an adequate remedy at law. Accordingly, you agree that Blogging Systems may obtain an injunction without the posting of any bond to prevent any violations or attempted violations of this Section 7 and that Blogging Systems may recover court costs and reasonable attorneys' fees incurred in the enforcement of this Section. 8. INDEMNIFCATION You shall indemnify and hold Blogging Systems, its managers, officers, members, employees and agents, harmless from and against all liabilities, losses, costs, damages and expenses, (including reasonable attorneys' fees and court costs), relating to or arising from or in connection with your use of the Services in violation of the law and/or these Terms of Service. 9. LIMITATION OF WARRANTY THE SERVICE IS PROVIDED ON AS “AS IS” BASIS. BLOGGING SYSTEMS MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS, PURPOSE, OR MERCHANTABILITY, OR OF THE ACCURACY OF RESULTS OBTAINED THROUGH LICENSEE'S USE OF THE SERVICE. YOU ACKNOWLEDGE THAT THE BLOGGING SITE AND ANY COMPONENT THEREOF, GENERATED, OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE IS USED AT YOUR SOLE RISK AND DISCRETION. BLOGGING SYSTEMS DOES NOT WARRANT OR REPRESENT THAT USE OF OR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND BLOGGING SYSTEMS IS NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE SERVICE. 10. LIMITATION OF LIABILITY BLOGGING SYSTEMS'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT, REGARDLESS OF THE NATURE OF SUCH CLAIM, SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO BLOGGING SYSTEMS IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER. EXCEPT FOR YOUR INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF BLOGGING SYSTEMS OR ITS LICENSOR’S INTELLECTUAL PROPERTY, AND YOUR INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 6, ABOVE, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, AND EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY. The parties agree that the limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. You acknowledge that Blogging Systems has set its prices and entered into this Agreement in reliance on the disclaimers of warranty and the limitations of liability set forth in this Agreement and that the same forms an essential basis of the bargain between the parties. 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 8 AND 9 MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. 11. TERM AND TERMINATION This Agreement shall become effective upon access and/or use of the Service and shall remain in effect for so long as you continue to access and/or use the Service. At any time and in its sole discretion, Blogging Systems may modify this Agreement without notice to you, and the parties agree that your continued use of the Service shall constitute acceptance of such modifications. Blogging Systems may terminate this Agreement and Your access to and use of the Service upon notice to you if you breach this Agreement. Upon termination of this Agreement, You shall immediately cease all use of the Service. 12. GENERAL Neither party shall be liable to the other for failure or delay in the performance of a required obligation if such failure or delay is caused by strike, riot, fire, natural disaster, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of and is not caused by the negligence of the non performing party (“Force Majeure”), provided that such party gives prompt written notice of such condition and resumes its performance as soon as possible. Each party acknowledges that this is the complete and exclusive statement of the agreement between the parties, and that this Agreement supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this Agreement. This Agreement may not be modified or altered except by written instrument duly executed by both parties. This Agreement shall be governed by the internal substantive laws of the State of New Jersey, without regard to its conflicts of laws principles. Each party expressly consents to the jurisdiction of the state and Federal courts located in Princeton, New Jersey, U.S.A., to resolve any dispute arising from this Agreement and waives any defense of inconvenient or improper forum or venue. The parties acknowledge and agree that this Agreement relates solely to the performance of services (not the sale of goods) and, accordingly, will not be governed by the Uniform Commercial Code of any state having jurisdiction and shall not be governed by the United Nations Convention on the International Sale of Goods. In addition, the parties agree that this Agreement shall not be governed by the Uniform Computer Information Transactions Act, as adopted by any state. This Agreement may not be (i) assigned or (ii) transferred by merger by You without the written consent of Blogging Systems This Agreement shall be binding upon, and shall inure to the benefit of, the parties to this Agreement and their respective successors, permitted transferees, and permitted assigns. No provision of this Agreement shall be deemed to confer upon any third party any remedy, claim, liability, reimbursement, cause of action, or other right whatsoever. The headings and captions of the sections and paragraphs of this Agreement shall be for convenience only. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement shall remain in full force and effect. Blogging Systems and You are not partners or joint venturers. Neither party is the agent, representative or employee of the other party and nothing in this Agreement will be construed to create any relationship between them other than an independent contractor relationship. Neither party will have any responsibility or liability for the actions of the other party except as expressly provided herein. Neither party will have any right or authority to bind or obligate the other party in any manner or make any representation or warranty on behalf of the other party. Your employees are not and shall not be deemed to be employees of Blogging Systems. You shall be solely responsible for the payment of all compensation to its employees, including provisions for employment taxes, workers' compensation and any similar taxes associated with employment of your personnel. 13. DIGITAL MILLENIUM COPYRIGHT ACT If you believe that any Content hosted by Blogging Systems is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Blogging Systems’ designated agent in the manner described below. By Mail General Counsel Blogging Systems LLC P.O. Box 250 Princeton Junction, NJ 08550 By Telephone: 800-985-2564 By Email: dmca@Blogging Systems.com For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement: a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner b. Identification of the copyrighted work claimed to have been infringed c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Blogging Systems to locate the material d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).) You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees. Counter notification to Claimed Copyright Infringement If a notice of copyright infringement has been filed against you, you may file a counter notification with Blogging Systems' designated agent at the address listed above. Such counter notification must contain the following information: a. Physical or electronic signature b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled c. A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant If Blogging Systems receives a valid counter notification, the DMCA provides that the removed material will be restored, or access re-enabled. Please be advised that U.S. copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement.
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Terms & Conditions of Use
