These Terms of Agreement ("Agreement") set forth the terms and conditions that apply to your use of this Web site located at http://www.blogitive.com. Blogitive.com was created by, and is solely controlled by USWeb, LLC. BY USING THIS SITE, YOU, THE VOLUNTEER USER (User), AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use.
When you register to use Blogitive.com, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Blogitive.com suspects that your information is untrue or inaccurate, not current, or incomplete, Blogitive.com may, in its sole discretion, suspend or terminate your access and refuse current or future access to Blogitive.com. Please send all changes to help@Blogitive.com. Members under the age of 18 must have parental consent before joining Blogitive.com, and children under the age of 13 may not register with Blogitive.com. Blogitive.com reserves the right to change the nature of this relationship at any time.
Should USWeb, LLC provide to you a password that allows you to access certain parts of Blogitive.com, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Blogitive.com of any unauthorized use of your password or account, or any other breach of security, and that you will log off of Blogitive.com at the end of each session to prevent fraud on your account by third parties.
It is a condition of your use of Blogitive.com that you do not: (i) restrict or inhibit any other user from using and enjoying Blogitive.com; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting Nudity as herein defined; (iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or Trojan horses; (iv) post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including WAREZ (copyrighted material distributed without permission); (v) post or transmit any information, software or other material that contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "Spam," or "chain letters"; (viii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer the information or use the information derived from Blogitive.com in a searchable, machine-readable database; (xi) use Blogitive.com to collect personally identifying information about users of Blogitive.com in violation of our Privacy Policy; (xii) disguise a file type to thwart Blogitive.com's detection processes; (xiii) post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (xiv) submit to the Live Directory multiple web sites with different URLs that re-direct a user to one web page; (xv) submit to Live Directory more than one URL for a single category; (xvi) update Live Directory listings with intent to distort or misrepresent them, including but not limited to changing titles of the entries, descriptions of the entries, URL's, or keywords, or (xvii) attempt to gain unauthorized access to other computer systems or networks connected to Blogitive.com. For the purposes of this Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia. You agree that you will not use Blogitive.com, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Blogitive.com and USWeb, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.
USWeb has no obligation to monitor the use of Blogitive.com by members. You acknowledge and agree that USWeb reserves the right to, and may from time to time, monitor any and all information transmitted or received through Blogitive.com for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of Blogitive.com constitutes consent to such monitoring. Furthermore, USWeb reserves the right at all times to disclose any information posted on any portion of Blogitive.com as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in USWeb's sole and absolute discretion are objectionable or in violation of this Agreement.
By uploading files, inputting data, or engaging in any other form of communication (a "Communication") through Blogitive.com you are granting Blogitive.com and USWeb a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of Blogitive.com or USWeb.
Communications posted through Blogitive.com are provided by users such as you who are unaffiliated with Blogitive.com, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not Blogitive.com or USWeb, are entirely responsible for all Communications that you upload, post, email or otherwise transmit via Blogitive.com. In using Blogitive.com or receiving e-mail messages from members through Blogitive.com, you should not assume that such messages have been reviewed by USWeb or Blogitive.com, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using Blogitive.com, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will USWeb or Blogitive.com be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via Blogitive.com.
When using Blogitive.com, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
The User understands the information provided to You through Blogitive.com is "AS-IS" and without any warranties or assurances of any kind by USWeb or Blogitive.com. Some of the information which You may view is being provided to Blogitive.com by third parties who have granted USWeb permission to publish this information on Blogitive.com. To the extent possible, USWeb and Blogitive.com attempts to identify sources of third-party information published on the Site. USWeb and Blogitive.com EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND RELATED TO THE INFORMATION CONTAINED ON THIS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY ADVICE OR RECOMMENDATIONS WHICH MAY BE CONTAINED ON THE SITE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TITLE OR SECURITY. YOU AGREE TO INDEMNIFY AND HOLD Blogitive.COM, USWeb AND IT'S OWNER, HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES AND/OR DAMAGES INCURRED BY YOU OR ANY THIRD PARTY THROUGH THE USE OF YOUR USER ID AND PASSWORD IN USING USE THE SITE OR THE RELIANCE UPON ANY INFORMATION OR CONTENT WHICH MAY BE PUBLISHED, FROM TIME TO TIME, ON THE SITE BY Blogitive.COM OR USWeb. NEITHER Blogitive.COM, USWeb, NOR ANY INTERNET SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY COMPENSATION, CLAIM FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY RESULTING FROM YOUR USE OR RELIANCE OF THE SITE OR ANY INFORMATION WHICH MAY BE PUBLISHED ON THE SITE, WHETHER SUCH CLAIM ARISES IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND YOU EXPRESSLY ACKNOWLEDGE THAT Blogitive.COM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM ANY ACCESS TO THE SITE BY YOU OR ANY THIRD PARTIES.
After having received your User ID and Password, You are free to access Blogitive.com any time, seven days a week, 24 hours a day. Blogitive.com does not guarantee any minimum uptime for the Site, and there may be times where Blogitive.com may be down for routine maintenance or, in some circumstances, system failure.
Upon registration, You will be provided with a USER ID and Password to access Blogitive.com. You are responsible for maintaining the confidentiality of your Password and will be responsible for all activities resulting from its use, including unauthorized use. In the event You lose your User ID or Password or such information becomes available to any party that is not authorized to possess such information, You agree to notify Blogitive.com at Staff@Blogitive.com so that we can disengage access to the Site under the old User ID and Password and issue You a new User ID and Password.
USWeb reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or features of Blogitive.com. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on Blogitive.com, via e-mail or any other reasonable means. Continued use of Blogitive.com by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions
You may communicate with USWeb via e-Mail at staff@Blogitive.com. Unless otherwise expressly noted or sent from staff@Blogitive.com, use of e-Mail is for communication purposes only, and no transactions shall be consummated through the use of e-Mail or this Site. To enter into any transactions concerning Blogitive.com, You should contact USWeb using the e-Mail address posted above.
Information Unless otherwise specified, the materials on Blogitive.com are presented solely to provide information regarding, and to promote Blogitive.com's services and other products available in the United States, its territories, possessions and protectorates. Blogitive.com is controlled and operated by USWeb, LLC from its office within the state of Arizona, United States of America. USWeb makes no representation that materials on Blogitive.com are appropriate or available for use outside the United States. Those who choose to access Blogitive.com from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from USWeb and Blogitive.com is further subject to United States export controls. No software from Blogitive.com may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using Blogitive.com, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The User understands that he/she is not to be considered an employee, a "work for hire", agent/acting agent, representative, or independent contractor employed or directed by USWeb, LLC or Blogitive.com for any purpose. The User acknowledges that he/she is a volunteer at will, and will neither accept nor claim entitlement to any type of compensation, salary or benefits of employment, including but not pmited to insurance, retirement benefits, worker's compensation, travel expenses, or any other form of compensation of any kind. Your time spent volunteering on Blogitive.com will be entirely decided by you at will, with the guidepnes set forth in this chapter of the Terms of Agreement.
The User understands that he/she has no actual authority to bind or represent Blogitive.com, USWeb or it's entities with regard to any third parties. Moreover, the volunteer agrees to avoid giving the impression of having apparent authority to bind or represent Blogitive.com or USWeb with regard to third parties. Accordingly, the volunteer may not sign or enter into any agreements or contracts on behalf of Blogitive.com or USWeb.
The User hereby acknowledges USWeb to be the sole, exclusive, and perpetual owner of any ideas, concepts, plans, creations, or work product (collectively the "Works") produced for Blogitive.com, which ownership shall entitle USWeb, among other things, to all rights, title, and interest in and to the copyright of the Works and all reproductions thereof, including the right to transform, alter, or adapt the Works and to create derivative works thereof.
The User may request of USWeb the right to make pmited reproduction, at your own expense, of the Works for noncommercial use, but USWeb shall have absolute discretion whether or not to accede to your request and exercise of such discretion shall not be questioned by you before any court or tribunal whatsoever. In the event that such permission is granted, USWeb will charge no fee for the use of the Works.
The User warrants and represents that all Works submitted will be original and created by the User, that pubpcation and use thereof will not infringe any copyright or any other right of any person or entity or be otherwise unlawful. You agree to indemnify and hold harmless Blogitive.com, USWeb, and it's owner from any claim, damage, loss, or expense (including reasonable attorney's fees) arising out of any foregoing warranties or representations.
The User also agrees by using Blogitive.com, that any information for which you become aware of through any activity performed as part of your duties or responsibipties under this agreement shall remain confidential and shall not be disclosed to any third party without USWeb's prior written consent.
The User understands If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to, the warranty disclaimer and limitations of liability set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall remain in effect.
This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the parties with respect to such subject matter.
The User understands a printed version of this Agreement 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.
The User understands unless otherwise expressly noted, any disputes between Blogitive.com, or USWeb and You, under this Agreement, shall be finally resolved by a panel of three arbitrators in accordance with the rules then in effect of the American Arbitration Association and shall take place in Maricopa County in the State of Arizona. The award of any arbitration panel shall be final and binding on the parties.
The User understands the failure of Blogitive.com, USWeb, LLC or it's Owner to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court or arbitration panel to be invalid or unenforceable, the parties nevertheless agree that the court or arbitration panel shall endeavor to give effect to the parties' intentions as reflected in this Agreement, and the other provisions of this Agreement shall remain in full force and effect. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of Blogitive.com or access to Blogitive.com. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.