Blogster Terms of Use

Terms of Use of BLOGSTER.COM

Welcome to the BLOGSTER.COM web site (the "Site"). By using the Site, you agree to be bound by the following terms and, all applicable laws and regulations (including labor, employment, employee benefit, export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. In addition, you agree to indemnify BLOGSTER.COM against any and all claims by third parties arising out of your use of the Site in violation of these Terms and Conditions of Use. All contents posted to BLOGSTER.COM are the sole responsibility of the individual who originally posted the contents. You understand, also, that all opinions expressed by users of the Site are expressed strictly in their individual capacities, and do not necessarily reflect BLOGSTER.COM's opinions. BLOGSTER.COM does not review nor approve any user posts, and is not responsible for the content of the user posts.

We suggest you carefully read the Terms of Use and the Privacy Policy before using BLOGSTER.COM. If you do not agree to the Terms and Conditions or to the Privacy Policy, you are not permitted to use BLOGSTER.COM.

Denial and termination of access to BLOGSTER.COM

BLOGSTER.COM. reserves the right to deny access to any person for any reason. Particularly, BLOGSTER.COM has the right in its sole discretion to terminate your access to and use of the Site and/or remove any of your content should we consider your statements or conduct to be inaccurate, inappropriate, illegal, obscene, defamatory, threatening, infringing of intellectual property or other rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms of Use or any applicable law. Blogster.com may, at its sole discretion, either fully enforce these Terms of Use or selectively enforce the various provisions how it sees fit. Anyone who used, is using, or will use Blogster.com agrees to hold Blogster.com harmless from any actions it may or may not take with regard to any aspect of Blogster.com.

General rules for using BLOGSTER.COM

As a starting point, please note that the use of BLOGSTER.COM must be lawful, ethical, and respectful of the legal rights and interests of all other persons. Without limiting the generality of the foregoing, the following rules apply to the use of BLOGSTER.COM:

Lawful use of BLOGSTER.COM: You may not use the Site for the conduct of any illegal or fraudulent activities. The use of BLOGSTER.COM shall comply with all applicable laws and regulations.
Personal and non commercial use: BLOGSTER.COM is provided solely for personal and non commercial use. You may not solicit business, sell or offer to sell any goods and services. You may not use spam on BLOGSTER.COM.
No offensive or defamatory comments: Comments must not be abusive, deceptive, defamatory, derogatory, fraudulent, harassing, harmful, hateful, indecent, obscene, offensive, pornographic, profane, racist, sexist, sexually explicit, threatening, vulgar, or otherwise objectionable as determined by BLOGSTER.COM in its sole discretion. All offensive, defamatory, or harassing content may be removed without notice and BLOGSTER.COM may terminate the user's access to the Site.
BLOGSTER.COM does not moderate posts or comments. You are responsible for all of the content on your blog, including posts you make and comments you allow. BLOGSTER.COM does not have the resources to review all claims of libel and defamation per se. Specific takedown notices may be sent to BLOGSTER.COM, but no action is guaranteed. Each user who has used, is using, or will be using Blogster.com agrees to pay 100% of legal retainer and legal fees incurred by Blogster.com, using counsel of its own choosing and under its exclusive control, for any lawsuit filed by them or in which they are named that is against Blogster.com, or in relation to any investigation or information request or subpoena relating to your identity or your blog, and such fees shall be paid in advance or upon demand before such lawsuit may proceed in court or Blogster.com resists any investigations, request, or subpoena on your behalf.
Identity Theft and Privacy: You may not use the identity of another person on the Site. It is strictly forbidden to post third parties personal and confidential information such as, but not limited to, Social Security Numbers, Credit Card numbers or driver's license numbers.
Copyright and third parties materials: Comments must be authored by the user, and must not include copies of materials authored by other persons. You grant BLOGSTER.COM the right to use your posting for any purpose in connection with this web site. You should not post contents that are protected by a copyright without the consent of the author.
Pornography: Commercial and non-commercial pornography are not allowed on BLOGSTER.COM.

Limited License

You should assume that everything that you read or see on the Site is copyrighted or otherwise protected by the user posting the content and thus licensed to BLOGSTER.COM with the restrictions described in the paragraph below, or is owned by BLOGSTER.COM or some third party who licensed to BLOGSTER.COM the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Terms and Conditions of Use or with the prior written approval of BLOGSTER.COM.

We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or purchasing the BLOGSTER.COM's services or products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not:

Use the materials for any commercial purpose, or for any public display (commercial or noncommercial);
remove any copyright, or other proprietary notations from the materials;
transfer the materials to another person or "mirror" the materials on any other server.
We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties.

NOTICE AND TAKE DOWN PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your copyrighted work has been copied and is available on this site in a way that constitutes copyright infringement, you may notify BLOGSTER.COM by providing our Designated Agent with the following information:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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 the service provider to locate the material;
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 at which the complaining party may be contacted;
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 the law; and
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.

Written Notification containing the above information in complete form must be submitted to the following Designated Agent:

Blogster Legal Support, DMCA Claims:

This contact information is only for reporting copyright infringement, and unrelated inquiries may not receive a response.

Restrictions on Use of Materials on the Site

All material on the Site, including all files, images, text, software, and data, are the property of BLOGSTER.COM. These materials are licensed to you for your personal, non-commercial use. You may download, print, or view these materials on your personal computer, provided you do not delete or change any of the information, including copyright and trademark notices. Should you purchase any of the materials, your purchase shall allow use of the purchased materials solely for the person or business entity for which the materials were purchased as shown by the order for the materials, and no other license or permission is granted explicitly or by implication. The order may also include additional limitations on your use of purchased materials.

You may not modify, reverse-engineer, disassemble, redistribute, republish, upload, or re-use any of the text, graphics, or other materials on the Site without BLOGSTER.COM's prior written permission.

Third Party Web Sites

BLOGSTER.COM may provide links and pointers to Internet sites maintained by others ("third party sites"). BLOGSTER.COM has not reviewed all of the third party sites linked to the Site and is not responsible for the contents of or any products or services offered in such third-party sites.

Submitted Information

BLOGSTER.COM does not claim ownership of any content that you place on your Blog. You retain the rights to any copyrighted material posted on a particular Blog. You hereby warrant that you own all rights to any and all materials that you place on your Blog, or that you have all necessary rights and permissions to use the material in such manner. By submitting content to BLOGSTER.COM for inclusion on your Blog, you grant BLOGSTER.COM and its users (subject to the Limited License above) a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish your content solely for the purpose of displaying, distributing and promoting your Blog on BLOGSTER.COM's Internet properties or otherwise enhancing BLOGSTER.COM's services.

If you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, recipes, or other information, you are giving BLOGSTER.COM and its users the right to use, copy, display, and distribute that information free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by BLOGSTER.COM for any purpose, without your consent or any compensation to you or anyone else.

Please do not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. You are solely responsible for any material you submit to us.

Through your usage of the Site, you may submit and/or BLOGSTER.COM may gather certain limited information about you and your web site usage. BLOGSTER.COM is free to use such information for any purpose it deems appropriate, including marketing purposes.

Disclaimer and Limitation of Liability

ALL MATERIAL ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

BLOGSTER.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. BLOGSTER.COM MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLOGSTER.COM FURTHER MAKES NO WARRANTY THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECIPES ON THE SITE.

IN ANY CASE, BLOGSTER.COM'S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE.

United States and Canada Only

All materials on this Site are provided solely for the purpose of promoting BLOGSTER.COM's operations and products in the United States and Canada, and their territories, possessions and protectorates. BLOGSTER.COM makes no representation that the materials on the Site are appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States and Canada, you are solely responsible for compliance with any applicable local laws.

Trademarks, Trade Names, and Service Marks

Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by BLOGSTER.COM. The use or misuse of any of these marks or other information is strictly prohibited.

Modification and Termination of This Agreement

BLOGSTER.COM may modify these terms and conditions at any time without notice to you.

BLOGSTER.COM may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or it may terminate this agreement for its convenience.

You may terminate this agreement at any time by destroying all materials received from the BLOGSTER.COM site and ceasing to use the Site.