These Terms of Use constitute a legal agreement between you and BLOGGINGMASTER LLC. ("BLOGGINGMASTER").
The BuildaBlogStore WebSite is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BuildaBlogStore WebSite constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
BLOGGINGMASTER reserves the right to change the terms, conditions, and notices under which the BuildaBlogStore WebSite is offered, including but not limited to the charges associated with the use of the BuildaBlogStore WebSite. All changes shall be effective and deemed accepted by all users upon posting of such changes on the BuildaBlogStore WebSite. That version will then apply to all use by you following the date of publication. Each access of information from BLOGGINGMASTER will be a separate, discrete transaction based on the then prevailing terms. These Terms of Use and the license granted by it may not be assigned or sublet by you without BLOGGINGMASTER's advance written consent.
TERMS
From time to time, BLOGGINGMASTER may provide its members with access to offers or promotions made available by or from third parties. If a BLOGGINGMASTER member provides an e mail address or other information to such a third party, BLOGGINGMASTER will not be responsible for the use of the information so provided.
LINKS TO THIRD PARTY SITES
The BuildaBlogStore WebSite may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of BLOGGINGMASTER and BLOGGINGMASTER is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BLOGGINGMASTER is not responsible for webcasting or any other form of transmission received from any Linked Site. BLOGGINGMASTER is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BLOGGINGMASTER of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BuildaBlogStore WebSite, you warrant to BLOGGINGMASTER that you will not use the BuildaBlogStore WebSite for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BuildaBlogStore WebSite in any manner which could damage, disable, overburden, or impair the BuildaBlogStore WebSite or interfere with any other party's use and enjoyment of the BuildaBlogStore WebSite. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BuildaBlogStore WebSites.
USE OF COMMUNICATION SERVICES
The BuildaBlogStore WebSite may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
BLOGGINGMASTER has no obligation to monitor the Communication Services. However, BLOGGINGMASTER reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BLOGGINGMASTER reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BLOGGINGMASTER reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BLOGGINGMASTER's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BLOGGINGMASTER does not control or endorse the content, messages or information found in any Communication Service and, therefore, BLOGGINGMASTER specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BLOGGINGMASTER spokespersons, and their views do not necessarily reflect those of BLOGGINGMASTER.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BUILDABLOGSTORE WebSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BLOGGINGMASTER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BUILDABLOGSTORE WebSITE AT ANY TIME. ADVICE RECEIVED VIA THE BUILDABLOGSTORE WebSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BLOGGINGMASTER AND ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BUILDABLOGSTORE WebSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS, WHERE IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BLOGGINGMASTER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL BLOGGINGMASTER AND/OR ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMEBERS, SUCCESSORS, ASSIGNS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BuildaBlogStore WebSITE, THE RESULTS OBTAINED FROM CONTENT, DATA OR ADVICE RENDERED ON THE BUILDABLOGSTORE WebSITE, WITH THE DELAY OR INABILITY TO USE THE BuildaBlogStore WebSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BUILDABLOGSTORE WebSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BUILDABLOGSTORE WebSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLOGGINGMASTER OR ANY OF ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMEBERS, SUCCESSORS, ASSIGNS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BUILDABLOGSTORE WebSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BUILDABLOGSTORE WebSITE. HKTR TECHNOLOGIE'S MAXIMUM LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR ANY CLAIM ARISING OF THE USE OF ITS WEB SITE OR ANY CONTENT APPEARING ON ITS WEB SITE SHALL BE A REFUND OF ANY FEE PAID BY THE SUBSCRIBER.
SERVICE CONTACT: BLOGGINGMASTERllc (at) gmail (dot) com
TERMINATION/ACCESS RESTRICTION
BLOGGINGMASTER reserves the right, in its sole discretion, to terminate your access to the BuildaBlogStore WebSite and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Kansas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Kansas City, Kansas, U.S.A. in all disputes arising out of or relating to the use of the BuildaBlogStore WebSite. Use of the BuildaBlogStore WebSite is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BLOGGINGMASTER as a result of this agreement or use of the BuildaBlogStore WebSite. BLOGGINGMASTER's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BLOGGINGMASTER's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BuildaBlogStore WebSite or information provided to or gathered by BLOGGINGMASTER with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BLOGGINGMASTER with respect to the BuildaBlogStore WebSite and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BLOGGINGMASTER with respect to the BuildaBlogStore WebSite. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the BuildaBlogStore WebSite are: Copyright © 2010 by BLOGGINGMASTER, LLC. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Limitation On Use of Information
You agree to use content or information obtained from BLOGGINGMASTER's Web Site only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of such content or information (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, posting on a web site, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for this purpose only. Nothing herein shall authorize you to create any database, digital copy, directory or hard copy publication of or from such content or information, whether for internal or external distribution or use.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Activation Code, username, user ID, or password which you may have received from BLOGGINGMASTER, and all information to which you have access through password-protected areas of BLOGGINGMASTER's Website or software programs and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Notice and Procedure for Making Claims of Copyright Infringement
All notice or claim of Copyright Infringement must be made in writing and sent via Registered Mail or courier to:
BloggingMaster LLC
717 N. Union Street #31
Wilmington, DE 19805
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