Blogit > Blogit Terms and Conditions of Use

This is a legal agreement between you and Shaycom Corporation ("Shaycom") regarding Shaycom's web site, including any successor website ("Blogit") located at http://www.blogit.com (the "Web Site"). Shaycom provides various online services including Blogit, forums and chat boards (the "Service"). In order to use the Service in any way, you must first accept without modification all of the terms, conditions, and notices contained in these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use in their entirety, you may not access or use the Service.

Portions of the Service may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, terms and conditions are hereby incorporated by reference into these Terms and Conditions of Use. In the event of a conflict between such other guidelines, rules, terms and conditions and these Terms and Conditions of Use, the Terms and Conditions of Use shall control, except that the Blogit Privacy Policy, referenced below, supersedes any conflicting language with respect to the subject matter covered by such privacy policy.

Modification of These Terms and Conditions of Use

Except as otherwise set forth herein, Shaycom reserves the right, at its sole discretion, to change, modify or otherwise alter the terms, conditions, and notices under which the Service is offered at any time. Changes to these terms and conditions are effective immediately upon the posting thereof. Shaycom will provide you (at your email address on record with us) or by placing a prominent notice on its site with thirty days prior notice of changes to the terms of its Privacy Policy. You are responsible for regularly reviewing all of the terms, conditions and notices related to the Service. Continued use of the Service after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new changes or improvements to the Service shall be subject to the Terms and Conditions of Use, as modified or amended from time to time.

Content License from you

All postings, messages, text, files, images, photos, video, sound, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of you as the originator of such Content. You will retain ownership over your Content, copyright and any other rights you already hold in such Content. By posting Content to Blogit, you automatically grant, and you represent and warrant that you have the right to grant, to Shaycom an irrevocable, perpetual, non-exclusive, fully paid, worldwide license(s), as applicable:

With respect to Content you provide Shaycom to include in weblogs, also known as blogs (each a "Blog"), to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Web Site solely for the purposes of providing and promoting the specific Blog to which such content was submitted or made available. Notwithstanding anything else contained herein, this license exists only for as long as you elect to continue to include such content on the Web Site and will terminate at the time you remove or Shaycom removes such content from the Web Site.
With respect to Content you provide us for digital delivery of an item, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) to purchasers of the Content.
With respect to all Content other than the Content covered in (a) and (b) above, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other formats or mediums now known or later developed.

Financial Terms

Membership Fees

We may charge a fee to post Content and use certain areas of the Service. You shall be financially responsible for your use of the Services at the then-current payment terms. Current fees for use of the Service and payment terms are set forth at http://www.blogit.com/Blogs/Help/HelpPage.aspx?page=billing. Shaycom reserves the right to modify its fees and payment terms at any time by providing at least fourteen days' notice of the changes by posting the changes on the news page. Your continued use of the Service shall be considered acceptance of the modified terms. If you agree to pay using a credit card, a PayPal account or any other method of acceptable online payment, you shall provide to Shaycom all information necessary in order for Shaycom to accept payment via the Web Site using such payment method. You agree to indemnify and hold harmless Shaycom from all losses and damages arising from or related to payment of fees via the Web Site. You will be responsible for payment of any sales, use, or other taxes arising from this Agreement, together with any related interest and penalties assessed by a taxing authority. All fees paid by you are nonrefundable. Shaycom will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your account is past due. Shaycom may terminate this Agreement or suspend the provision of the Service for failure of payment when due. You will reimburse Shaycom for all reasonable costs incurred by Shaycom in collecting past due amounts. Such costs may include, but are not limited to, wire transfer fees, collection agency fees, reasonable attorneys' fees, and court costs. All fees paid will be non-refundable in the event that Content is removed from the Blogit for violating the Terms and Conditions of Use.

Payments for Blogs

Shaycom pays licensors of Blogs based on the number of times a member views such licensors' Blogs. The amount paid is based on Shaycom's then-current payment terms set forth at http://www.blogit.com/Blogs/Help/HelpPage.aspx?page=earnings. Shaycom reserves the right to modify such amounts and payment terms at any time by providing notice to you. Your continued use of the Service shall be considered acceptance of the modified terms.

Bonuses

From time to time, Blogit may award bonuses, including account bonuses, referral bonuses and other bonuses that Blogit may award in the future. Receipt of those bonuses is based on the completion of the governing bonus Terms and Conditions, including the Referral Bonus Terms and Conditions. All bonuses awarded through these and other bonus programs, if any, must be withdrawn by the recipient from his or her Blogit account within one year. All bonuses which are not claimed within one year of receipt will expire and become property of Blogit.

Earnings

All earnings, excluding bonuses referenced above, must be withdrawn within one year of the termination of activity on your account and/or payment of fees.

Taxes

You agree to pay and be solely responsible for any and all sales taxes, use taxes, value added taxes and any other taxes or duties imposed by any jurisdiction as a result of your use of the Service.

Use Limitation

Members of Blogit are only entitled to view Blogs as displayed within Blogit. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services that are part of Blogit except as expressly provided in these Terms and Conditions of Use.

No Unlawful or Prohibited Use

You will not post any Content or use the Service for any purpose that violates (i) Federal, state or local laws or regulations, (ii) community standards, (iii) International treaties or (iv) these terms, conditions, or notices. You will not use the Service in any manner that violates or infringes upon the rights of others. You will not use the Service to solicit the performance of any activity that is prohibited by law or to solicit any Shaycom customer to become a customer of any other provider of services competitive with Blogit. You may not use the Service in any manner that could damage, disable, overburden, or impair Blogit or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with Blogit. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Blogit.

By way of example, and not as a limitation, you agree that when using the Service, you will not:

Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, transfer, distribute or disseminate any information which may be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section, distributed only to people legally permitted to receive such content, and subject to the Mature Audiences Terms of Use.
Publish, transfer, distribute or disseminate any information which may include an inappropriate or unlawful topic, name, material or information.
Transfer, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Use any material or information, including images or photographs, which is made available through Blogit in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Publish, transfer, distribute or disseminate any information that includes personal or identifying information about another person without that person's explicit consent.
Publish, transfer, distribute or disseminate any information that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch".
Publish, transfer, distribute or disseminate any information that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through Blogit.
Transfer files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose other than those expressly allowed on Blogit.
Post, email or otherwise make available links to commercial services or websites other than those expressly allowed on Blogit.
Download any file transferred by another user of Blogit that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred.
Restrict or inhibit any other user from using and enjoying Blogit.
Violate any code of conduct or other guidelines which may be applicable to Blogit.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of Blogit or other Blogit user or usage information or any portion thereof.

Shaycom has, in its sole discretion, the right (but not the obligation) to monitor your use of the Service, delete or deactivate your account, block your email or IP address, remove and discard your Content or otherwise terminate your access to the Service at any time, immediately without notice, for any reason whatsoever. You agree Shaycom is not responsible for any loss that you or any third-party may incur for any termination of your access to the Service. Shaycom reserves the right at all times to disclose any information as Shaycom deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to transfer or to remove any information or materials, in whole or in part, in Shaycom's sole discretion. You are responsible for all activities that occur in your Blogit account. You agree to notify Shaycom immediately of any unauthorized use of your account. Shaycom is not responsible for any loss that you or any third-party may incur as a result of any unauthorized person using your account.

Privacy of Information

See the Blogit Privacy Policy for disclosures relating to the collection protection and use of your information. By using the Service you acknowledge, agree and consent to the terms and conditions of the Blogit Privacy Policy.

Always use caution when giving out any personally identifiable information about yourself or your children on Blogit. Shaycom does not control or endorse the Content, messages or information exchanged by means of Blogitand, therefore, Shaycom specifically disclaims any liability with regard to the Service and any actions resulting from your participation in Blogit.

Blogit may allow you to interact with third-party Web sites and Web services ('Link(s)'). The Links are not under the control of Shaycom and Shaycom is not responsible for the content of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. Shaycom is not responsible for any form of transmission received from any Link, nor is Shaycom responsible if the Link is not working appropriately. Shaycom is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by Shaycom of the Link or any association with its operators. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links.

You are solely responsible for any dealings with third parties (including advertisers) who support Blogit, including the delivery of and payment for goods and services.

Terms and Conditions of Use for Shaycom-Enabled Properties

For the terms and conditions governing your use of any Web site or service that enables you to use Shaycom web sites other than Blogit itself ('Shaycom-Enabled Properties'), please refer to the applicable Terms and Conditions of Use for such Shaycom-Enabled Properties.

Shaycom's Right to Use Feedback or Suggestions You Submit

By submitting any feedback or suggestions to Shaycom concerning Blogit, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Shaycom and its affiliated companies permission to:

Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

The foregoing grants shall include the right to exploit any proprietary rights in such feedback or suggestions, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. No compensation will be paid with respect to Shaycom's use of the materials contained within such feedback or suggestions. Shaycom is under no obligation to post or use any materials you may provide and may remove such materials at any time in Shaycom's sole discretion.

This section is inapplicable to any personally identifiable information that you provide in connection with your registration for Blogit. For terms and conditions governing use of such information, please refer to the Blogit Privacy Policy.

This section also is inapplicable to any documents, information, or other data that you transmit or otherwise submit to any Shaycom-Enabled Properties. Please refer to the terms and conditions for such Shaycom-Enabled Properties to determine the rights of the Web site or service provider to such documents, information and/or data.

Limitation of Liability

SHAYCOM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH BLOGIT FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. SHAYCOM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATED TO IMPLIED WARRANTIES.

IN NO EVENT SHALL SHAYCOM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING LOSS OF USE, DATA OR PROFITS, WITHOUT LIMITATION, DAMAGES FOR (EVEN IF PROVIDED NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM YOUR INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHAYCOM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, IF SHAYCOM IS FOUND TO BE LIABLE, SHAYCOM'S LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID IN CONNECTION WTH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.

You will not hold Shaycom responsible for other users' actions or inactions, including things they post. You understand and agree that the Web Site is a venue for sellers to list items and buyers to purchase items. Shaycom is not involved in the actual transaction between buyers and sellers. Shaycom has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

Shaycom does not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code 2401(2) and Uniform Commercial Code 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code 2401(2) and Uniform Commercial Code 2-401(2). Further, Shaycom cannot guarantee continuous or secure access to its services, and operation of the Web Site may be interfered with by numerous factors outside of its control.

Release

If you have a dispute with one or more users, you agree to release Shaycom and its directors, officers, employees, subsidiaries, joint ventures, agents, representatives, and affiliates (collectively, "Affiliates") from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Indemnification

You agree to indemnify and hold Shaycom and its Affiliates harmless from any demand, claim, suit, loss, liability or damage, including reasonable attorneys' fees, whether in tort or in contract, that Shaycom and its Affiliates may incur by reason of or arising out of any claim that is made with respect to your use of the Service, including without limitation (i) with respect to any breach of this Agreement by you, (ii) with respect to any act or omission of you, or (iii) with respect to any claim of defamation, invasion of privacy, right of publicity, unfair competition, infringement of a third person's intellectual property or other proprietary rights or obscenity relating to your use of the Service.

Customer Support

Shaycom provides information about how to use Blogit as part of Blogit. Shaycom does not provide support for any software or services provided by any third party.

Termination/Access Restriction

Shaycom reserves the right, in its sole discretion, to terminate your access to and use of Blogit or any portion thereof at any time, without notice.

This Agreement is governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Palo Alto, California, U.S.A. in all disputes arising out of or relating to the use of the Service. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shaycom as a result of this agreement or your use of the Service. Shaycom may assign this agreement, in whole or in part, at any time. Shaycom's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Shaycom's right to comply with governmental, court and law enforcement requests or requirements relating to gathered by Shaycom with respect to such use. You agree to indemnify and hold Shaycom and its Affiliates, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or your use of the Service or information provided to or arising out of your use of the Service or conduct on Blogit. 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. This agreement, including the documents expressly incorporated by reference above, constitute the entire agreement between the user and Shaycom with respect to the Service and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Shaycom with respect to the Service. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Shaycom may also terminate or suspend your access to the Service for inactivity, which is defined as failing to log onto Blogit for an extended period of time, as determined by Shaycom.

Accuracy of Information

You acknowledge and agree that any information provided by you to Shaycom, including, but not limited to account registration information and billing information is accurate, complete and current, and you agree to update that information promptly if there is any change.

No Assignment or Transfer

You shall not resell the Service provided by Shaycom or any third party hereunder or assign, transfer or otherwise dispose of the Service or this Agreement or any interest herein, whether voluntary, by operation of law or otherwise, without the prior express written consent of Shaycom. Any purported assignment in violation of this section shall be void.

Intellectual Property

All contents of any Shaycom Web site related to Blogit are: Copyright 2007 Shaycom Corporation and/or its suppliers, c/o Shaycom Corporation, 228 Hamilton Avenue, Third Floor, Palo Alto, CA 94301, U.S.A. All rights reserved.

TRADEMARKS. Shaycom, Blogit, and BloggingNet are unregistered trademarks of Shaycom Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Shaycom may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages that are part of the Service . Except as expressly provided in these Terms and Conditions of Use, the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. 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 should be sent to Shaycom's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See the Notice and Procedure for Making Claims of Copyright Infringement.

Revised December 27, 2007