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Terms of Service

Welcome to ! The following Terms of Service apply to all content and services provided by LLC. By accessing or retrieving content from our web site in any way, or by registering and using services, you agree to the following terms of service.

Acceptance

provides its content and services ("Service") to you, subject to the following Terms of Service ("TOS"). The TOS tell you what you can expect from the Service, and what expects of you. may amend the TOS at any time by posting an amended TOS on our website. The TOS may not be otherwise amended except in a writing signed by you and .

User Warranty

You represent and warrant to that you have full power, authority, and legal capacity to enter into this agreement and follow its obligations.

Conditions of Use

services are made available for personal, non-commercial use only. You may not mirror, frame, or copy our web pages or our archive data on your web site, except using tools we provide, unaltered.

We encourage you to link to us if you find our content worth sharing.

Although search engines may index our content and feeds for the purpose of providing links back to our web site, you may not deploy software that automatically accesses our web site for any other purpose, without our written consent.

Certain services require registration to create an account. If you choose to use those services, you may create at most one account. This account is for your personal use, and you may not share it with others.

You agree that you will not: a. impersonate any person, including a employee or agent on the Service; b. violate any local, state, or national law through or on the Service; c. harass people through or on the Service; d. collect or store data about other people using the Service; e. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; f. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; g. use the Service in any manner other than as expressly authorized in the TOS; h. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service; or i. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Ownership and Restrictions

In the course of using our Service, you may provide us with information, including, without limitation, links, descriptions, and submission details (collectively, "Submitted Information"). By providing with any such information, you grant a perpetual, worldwide, non-exclusive license to use this submitted information, and you warrant that you have the right to grant such a license. may assign this license at its sole discretion and it reserves the right to augment, alter, or delete this information at its sole discretion.

We aggregate the Submitted Information from users of our Service, along with additional content that we create, calculate, or acquire, into our " Database".

retains all right, title, and interest in and to the Database including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of the Database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including the Database. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including the Database, unless expressly authorized in the TOS.

Linked Content

The links provided by our web site that point to external sites on the internet are provided by us and our registered users, for the benefit of the blogging community. These links point to sites over which we exercise no control. We reserve the right to present these links without screening or monitoring them. These links are provided without warranty of any kind, including but not limited to availability of the linked resources, suitability of their content for any particular purpose, correctness, or taste.

At certain times, such as during submission of blog articles via , users may offer links to other users who are hosting blog carnivals. You understand that makes no representation that the submitter is the author or owner of the content whose link is submitted, and does not offer any warranties, permissions, or ownership rights regarding that content to any reader or recipient. Readers and recipients are solely responsible for acquiring any necessary permissions or rights required to incorporate these links, or the content to which they refer, into their blogs.

Trademarks

You may not use any trademarks, service marks or other protected marks of without first obtaining written permission from . However, you may use any buttons designed to be incorporated into a web page to provide an HTML link to .

If you use or mention for managing a blog carnival, please include an HTML link to our website.

Privacy Policy

Certain registration information and other information about you may be collected by and through the Service. 's use of this information is governed by the Privacy Policy, available at: 
http://blogcarnival.com/bc/p_privacy.html

Indemnity

You will indemnify and hold , and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party.

Liability Disclaimer

disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed by our web site. disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the SERVICES.

No Warranty

The SERVICES, and all materials, information, products and services included in the services are provided on an "as is" and "as available" basis, with no warranties whatsoever. and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of SERVICES. and its licensors disclaim any warranties for any information or advice obtained through the SERVICES. and its licensors disclaim any warranties for services or goods or information or advice received through or advertised on the SERVICES or received through any links provided by the SERVICES.

You understand and agree that you download or otherwise obtain material or data through the use of the SERVICES at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of Liability

Under no circumstances shall or its licensors be liable to any user on account of that user's use or misuse of or reliance on the SERVICES. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the services, from inability to use the SERVICES, or from the interruption, suspension, or termination of the SERVICES (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the SERVICES or received through any links provided in the SERVICES, as well as by reason of any information or advice received through or advertised on the SERVICES or received through any links provided in the SERVICES. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the SERVICES or any information or merchandise that appears on, or is linked or related in any way to, the SERVICES. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Without limiting the foregoing, under no circumstances shall or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General Information

may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and and governs your use of the Service, superseding any prior agreements between you and . You also may be subject to additional terms and conditions that may apply when you use other products or services. The TOS and the relationship between you and will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in San Francisco, California. The failure of to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred.

Arbitration

Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by to collect fees or recover damages for, or obtain an injunction relating to, 's intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you or pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1,000.00.


Last updated: 2/20/2006

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2009-11-08 02:57:12 EST 82.165.183.202
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