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User Agreement
Last Updated: October 24, 2006
Welcome to the User Agreement for blogarate. This agreement describes the terms on
which you may access and use our services. In order to create a blogarate Profile,
you must read and accept all of the terms and conditions of this agreement and the
Privacy Policy.
In the event of any inconsistency between the blogarate Privacy Policy and this User
Agreement, the User Agreement shall control. Nothing in this Agreement shall be
deemed to confer any third-party rights or benefits. If you do not agree to be bound
by the terms of this Agreement, you may not use nor access our services.
We reserve the right to modify this Agreement at any time, and without prior notice,
by posting amended terms on this website. Your continued use of the blogarate service
indicates your acceptance of the amended User Agreement.
Description of Service
blogarate is an online service dedicated
to helping people learn more about one another. The personally identifiable information
you choose to provide on this site is used to help you describe yourself to other
users.
Membership Eligibility
The blogarate Service is not available to minors under the age of 18 or to any users
suspended or removed from the system by blogarate for any reason. Users may not have
more than one active account.
Use of Service
Your use of the blogarate Profile is governed by this User Agreement. blogarate may refuse
service without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of your password and account,
and are fully responsible for all activities that occur under your password or account
with or without your knowledge. If you knowingly provide your login and password
information to another person, your account privileges may be suspended temporarily
or terminated. You agree to immediately notify blogarate of any unauthorized use of
your password or account or any other breach of security. blogarate cannot and will
not be liable for any loss or damage arising from your failure to comply with this
section.
Termination
You agree that blogarate may, with or without cause, immediately terminate your blogarate
account and access to the blogarate Service without prior notice. Without limiting
the foregoing, the following will lead to a termination by blogarate of a user's use
of the blogarate Service (a) breaches or violations of this User Agreement or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions), (d)
unexpected technical issues or problems, and (e) extended periods of inactivity.
Termination of your blogarate account includes removal of access to all offerings within
the blogarate Service and may also bar you from further use of the blogarate Service.
Furthermore, you agree that all terminations shall be made in blogarate's sole discretion
and that blogarate shall not be liable to you nor any third-party for any termination
of your account or access to the blogarate Service.
User Conduct
You understand and agree not to use blogarate to:
- Post content or initiate communications which are unlawful, libelous, abusive, obscene,
discriminatory, or otherwise objectionable.
- Use the blogarate Service for any illegal purpose, including but not limited to conspiring
to violate laws.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but
not limited to the use of a pseudonym, or misrepresenting your current or previous
positions and qualifications, or your affiliations with a person or entity, past
or present.
- Upload, post, email, transmit or otherwise make available any content or initiate
communications which include information that you do not have the right to disclose
or make available under any law or under contractual or fiduciary relationships
(such as insider information, or proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content or initiate
communication that infringes upon patents, trademarks, trade secrets, copyrights
or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation. This prohibition includes using blogarate
to connect to people who don't know you and then sending unsolicited promotional
messages to those direct connections without their permission.
Upload, post, email, transmit or otherwise make available 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 harass anyone.
- Post content in fields that aren't intended for that content. Example: Putting an
address in a name or title field.
- Interfere with or disrupt the blogarate Service or servers or networks connected to
the blogarate Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the blogarate Service.
International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable
local rules including but not limited to rules regarding online conduct and acceptable
content. Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
Information Provided on this Website
In the course of using the blogarate Service, users may provide information about themselves
which may be visible to other users (see our Privacy Policy to learn more about information
collected on this website). You understand that by posting materials on the blogarate
website or otherwise providing materials to blogarate, you are granting to blogarate a
royalty-free, perpetual, irrevocable license to use this information in the course
of offering the blogarate service. Furthermore, you understand that blogarate retains
the right to reformat, excerpt, or translate any materials submitted by you. You
understand that all information publicly posted or privately transmitted through
the blogarate Service is the sole responsibility of the person from which such content
originated and that blogarate will not be liable for any errors or omissions in any
content. You understand that blogarate cannot guarantee the identity of any other users
with whom you may interact in the course of using the blogarate Service. Additionally,
we cannot guarantee the authenticity of any data which users may provide about themselves
or relationships they may describe.
Access to Service
Use of manual or automated software, devices, or other processes to "crawl", "scrape"
or "spider" any web pages contained in the blogarate website is strictly prohibited.
You agree not to monitor or copy, or allow others to monitor or copy, our web pages
or the content included herein. You also agree not to "frame" or otherwise simulate
the appearance or function of this website. Furthermore, you agree not to take any
action that interferes with the proper working of or places an unreasonable load
on our infrastructure, including but not limited to unsolicited communications,
attempts to gain unauthorized access, or transmission or activation of computer
viruses.
blogarate Communications
In the course of providing you services, blogarate may need to communicate with you
via email (see our Privacy Policy to learn more about communications). You agree to
receive emails which are specific to your account and necessary for the normal functioning
of the blogarate Service.
You also agree to have your name and/or email address listed in the header of certain
communications which you initiate through the blogarate Service.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the blogarate
Service, we are not obligated to do so. And since we do not, and may not have the
ability to, control or actively monitor content we don't guarantee its accuracy,
integrity or quality. Because community standards vary and individuals sometimes
choose not to comply with our policies and practices, in the process of using our
website, you may be exposed to content that you find offensive or objectionable.
You can contact our Customer Service Department to let us know of content that you
find objectionable. We may investigate the complaints and violations of our policies
that come to our attention and may take any action that we believe is appropriate,
including, but not limited to issuing warnings, removing the content or terminating
accounts and/or subscriptions. However, because situations and interpretations vary,
we also reserve the right not to take any action. Under no circumstances will we
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, access to, or denial of access to any content on the website.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless
blogarate, its officers, employees, agents, subsidiaries, affiliates and other partners
from any direct, indirect, incidental, special, consequential or exemplary damages
resulting from i) your use of the blogarate Service; ii) unauthorized access to or
alteration of your communications with or through the blogarate Service, or iii) any
other matter relating to the blogarate Service. Any business transactions which may
arise between users from their use of blogarate are the sole responsibility of the
users involved.
Without limitation of the terms and conditions set forth in our Privacy Policy,
you understand and agree that blogarate may disclose personally identifiable information
if required to do so by law or in the good faith belief that such disclosure is
reasonably necessary to comply with legal process, enforce this User Agreement,
or protect the rights, property, or safety of blogarate, its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE blogarate SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND THAT blogarate DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR
PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN
USERS. blogarate ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS
BETWEEN USERS. blogarate EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
blogarate MAKES NO WARRANTY THAT (i) THE blogarate SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE blogarate SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE blogarate SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE blogarate SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE blogarate SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM blogarate OR
THROUGH OR FROM THE blogarate SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THIS USER AGREEMENT.
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 MAY NOT APPLY TO YOU.
Entire Agreement
The User Agreement constitutes the entire agreement between you and blogarate and governs
your use of the blogarate Service, superseding any prior agreements between you and
blogarate.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT blogarate SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF blogarate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
Governing Law
The User Agreement between you and blogarate will be governed by and construed in accordance
with the laws of the State of California without regard to conflict of laws principles.
General Information
blogarate, the blogarate logo, and other blogarate logos and names are trademarks of blogarate.
You agree not to display or use these trademarks in any manner without blogarate's
prior, written permission. The section titles of this User Agreement are displayed
for convenience only and have no legal effect. Please send any questions or comments,
or report violations of the User Agreement to:
info @ blogarate.com
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