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Before:
Google Blogger Terms Of Service
Recorded by Archive.org on
November 6, 2004.
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After:
Google Blogger Terms Of Service
Recorded by TOSBack on
June 2, 2009 around 2pm PT.
Text highlighted in yellow has been added.
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Blogger Terms of Service | ||
Terms of Service for Blogger.com | ||
Welcome to Blogger! Before you begin using Blogger, you must read and agree to these Blogger Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"): | ||
| 1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE |
| |
| Blogger.com ("Blogger"), owned and operated by Pyra.com, Ltd. ("Pyra"), is | <li>Google Privacy Policy - How we maintain and protect your personal information in Blogger (http://www.google.com/privacy.html) | |
| provided to you ("Member") under the terms and conditions of this Blogger | ||
| Terms of Service (BTS) and any operating rules or policies that may be | ||
| published by Pyra. The BTS comprises the entire agreement between Member and | Although we may attempt to notify you when major changes are made to these Blogger Terms of Service, you should periodically review the most up-to-date version (http://www.blogger.com/terms.g). Google may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Blogger service. In the event of an inconsistency between the Blogger Terms of Service and either Google's general Terms of Service (http://www.google.com/intl/en/terms_of_service.html) or the Google Privacy Policy (http://www.google.com/privacy.html), the Blogger Terms of Service (http://www.blogger.com/terms.g) shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. | |
| Blogger and supersedes all prior agreements between the parties regarding | ||
| the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, | 1. Description of Service.</strong> Blogger is a web publishing service and optional hosting service (the ";Service";). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Google disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Google also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. | |
| YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND | ||
| CONDITIONS OF THE BTS. | You must be at least thirteen (13) years of age to use the Service. Google reserves the right to refuse service to anyone at any time without notice for any reason. | |
<strong>2. Proper Use.strong> You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. | ||
| <p> | ||
| 2. DESCRIPTION OF SERVICE | You agree to abide by the Blogger Content Policy (http://www.blogger.com/content.g) and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to the Blogger Content Policy, you should periodically review the most up-to-date version. Google may, in its sole discretion, modify or revise the Blogger Content Policy at any time, and you agree to be bound by such modifications or revisions. | |
| Blogger provides Member with various publishing and community services, | ||
| including but not limited to the capability to post information to a web page | Violation of any of the foregoing, including the Blogger Content Policy (http://www.blogger.com/content.g), may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Google reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. | |
| and participate in web-based discussions. Some of these services will be free | ||
| of charge, others may cost money or have other requirements. The requirements | Much of the content of Blogger.com and Blogspot.com -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings. Google does not monitor the content of Blogger.com and Blogspot.com, and takes no responsibility for such content. Instead, Google merely provides access to such content as a service to you. | |
| or fees for any service or option will be clearly explained and separately | ||
| agreed to when Member implements those options, if any. Member must: (1) | By their very nature, Blogger.com and Blogspot.com may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Blogger.com and Blogspot.com. | |
| provide all equipment, including a computer and modem, necessary to establish | ||
| a connection to the World Wide Web; (2) provide for own access to the World | Google does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk. | |
| Wide Web and pay any telephone service fees associated with such access. | ||
3. Privacy.</strong> As a condition of using the Service, you agree to the terms of the Google Privacy Policy (http://www.google.com/privacy.html), which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Google may access or disclose your personal information, including the content of your communications, if Google is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the general Google Privacy Policy. Personal information collected by Google may be stored and processed in the United States or any other country in which Google Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. | ||
4. General Practices Regarding Use and Storage.</strong> You agree that Google has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Google retains the right to create limits on use and storage at our sole discretion at any time with or without notice. | ||
| 3. MODIFICATIONS TO TERMS OF SERVICE | ||
| Pyra may change the terms and conditions of the BTS from time to time. Upon | <p>5. Content of the Service. Google takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Google have any obligation to monitor such third-party content. Google reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Google also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Google, its users and the public. Google will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. | |
| major changes in the terms and conditions of the BTS, Pyra will notify you by | ||
| posting the changes as a start-up screen prior to your subsequent use of the | 6. Intellectual Property Rights. Google's Intellectual Property Rights. You acknowledge that Google owns all right, title and interest in and to the Service, including all intellectual property rights (the "Google Rights"). Google Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, Google Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service. | |
| Service. If you agree to be bound by the changes, you must again click the | ||
| "I Accept" button that will follow the posted changes. If you do not click | Your Intellectual Property Rights. Google claims no ownership or control over any Content submitted, posted or displayed by you on or through Google services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Google services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Google services which are intended to be available to the members of the public, you grant Google a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Google services for the purpose of displaying and distributing Google services. Google furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. | |
| the "I Accept" button, you may terminate your use of the Service at that | ||
| time. Minor changes in the terms and conditions of the BTS will be posted to | You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted. | |
| Blogger News at http://www.blogger.com. | ||
You may choose to submit, post, and display any materials on or through the Blogger service or Blogspot.com under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such or using Blogger service tools to do so. For avoidance of doubt, Google is not a party to any such public license between you and any third party. Also, for avoidance of doubt, Google may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement. | ||
7. No Resale of the Service. Unless expressly authorized in writing by Google, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service. | ||
| Member's continued use of the Service constitutes an affirmative: (1) | ||
| acknowledgment by Member of the BTS and BTS modifications; and (2) agreement | 8. Publicity. Any use of Google's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "Blogger," "Blogger.com," "Blogspot," and "Blogspot.com," must be in compliance with this Agreement and in compliance with Google's then current Brand Features use guidelines, and any content contained or referenced therein, which may be found at the following URL: http://www.google.com/permissions/guidelines.html (or such other URL Google may provide from time to time). | |
| by Member to abide and be bound by the BTS and BTS modifications. | ||
9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Google to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. | ||
10 . Termination; Suspension. Google may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination. | ||
| 4. MODIFICATIONS TO SERVICE | ||
| Pyra reserves the right to modify or discontinue the Service with or without | 11. Indemnification. You agree to hold harmless and indemnify Google, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Google will provide you with written notice of such claim, suit or action. | |
| notice to Member. Pyra shall not be liable to Member or any third party | ||
| should Pyra exercise BTS right to modify or discontinue the Service. | <strong>12. Entire Agreement.</strong> This Agreement constitutes the entire agreement between you and Google and governs your use of the Service, superseding any prior agreements between you and Google. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Google services, affiliate services, third-party content or third-party software. | |
13 . Waiver and Severability of Terms. The failure of Google to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. | ||
| 5. PRIVACY POLICY | 14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Google services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. | |
| All information entered into Blogger by Member is private to Member except to | ||
| the extent that he or she opts to share that information with other Blogger | 15. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of such courts. | |
| members and/or the public, through Blogger or otherwise. | ||
16. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please refer to http://www.google.com/blogger_dmca.html for information on how to file or respond to a notice of infringement. | ||
| <p> | ||
| It is Pyra's policy to respect the privacy of Members. Therefore, Pyra will | ||
| not disclose to any third party Member's name or contact information. Pyra | ||
| will also not monitor, edit, or disclose the contents of a Member's | ||
| information unless required to do so by law or in the good faith belief that | ||
| such action is necessary to: (1) conform to the edicts of the law or comply | ||
| with legal process served on Pyra; (2) protect and defend the rights or | ||
| property of Pyra; or (3) act under exigent circumstances to protect the | ||
| personal safety of BTS members or the public; (4) fix or debug problems with | ||
| the Blogger software/service. | ||
| 6a. CONTENT OWNERSHIP | ||
| Unless stated otherwise for specific services, Member will retain copyright | ||
| ownership and all related rights for information he or she publishes through | ||
| Blogger or otherwise enters into Blogger-related services. | ||
| 6b. CONTENT RESPONSIBILITY | ||
| Member acknowledges and agrees that Pyra neither endorses the contents of any | ||
| Member communications nor assumes responsibility for any threatening, | ||
| libelous, obscene, harassing or offensive material contained therein, any | ||
| infringement of third party intellectual property rights arising therefrom or | ||
| any crime facilitated thereby. | ||
| 7. MEMBER ACCOUNT, PASSWORD, AND SECURITY | ||
| Once you become a member of the Service, you shall receive a password and an | ||
| account. You are entirely responsible if you do not maintain the | ||
| confidentiality of your password and account. Furthermore, you are entirely | ||
| responsible for any and all activities which occur under your account. You | ||
| may change your password at any time (to do so, go to the team area of any | ||
| blog you are a member of, click on your name and then "edit profile"); you | ||
| may also set up a new account and close an old one at your convenience. | ||
| Member agrees to immediately notify Pyra of any unauthorized use of Member's | ||
| account or any other breach of security known to Member. | ||
| 8. DISCLAIMER OF WARRANTIES | ||
| MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE | ||
| SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. | ||
| <p> | ||
| PYRA 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. | ||
| PYRA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT | ||
| THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES | ||
| MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE | ||
| SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED | ||
| THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. | ||
| <p> | ||
| MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR | ||
| OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN | ||
| DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE | ||
| TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF | ||
| SUCH MATERIAL AND/OR DATA. | ||
| PYRA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED | ||
| THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. | ||
| NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR | ||
| THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. | ||
| SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME | ||
| OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. | ||
| 9. LIMITATION OF LIABILITY | ||
| PYRA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR | ||
| CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE | ||
| SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR | ||
| RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES | ||
| RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM | ||
| UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, | ||
| INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER | ||
| INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | ||
| SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY | ||
| FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS | ||
| MAY NOT APPLY TO YOU. | ||
| 10. NO RESALE OF THE SERVICE | ||
| Member agrees not to resell the Service, without the express consent of Pyra. | ||
| (Note: Setting up Blogger blogs for clients to update their web pages and | ||
| charging for your time is fine.) | ||
| 11. STORAGE AND OTHER LIMITATIONS | ||
| Pyra assumes no responsibility for the deletion or failure to store | ||
| information entered into Blogger. | ||
| Pyra has set no fixed upper limit on the number or posts Member may send or | ||
| receive through the Service or the amount of storage spaced used; however, | ||
| Pyra retains the right, at Pyra's sole discretion, to determine whether or | ||
| not Member's conduct is consistent with the letter and spirit of the BTS and | ||
| may terminate Service if a Member's conduct is found to be inconsistent with | ||
| the BTS. | ||
| 12. MEMBER CONDUCT | ||
| Member is solely responsible for the contents of his or her transmissions | ||
| through the Service. Member's use of the Service is subject to all applicable | ||
| local, state, national and international laws and regulations. | ||
| Member agrees: (1) to comply with US law regarding the transmission of | ||
| technical data exported from the United States through the Service; (2) not | ||
| to use the Service for illegal purposes; (3) not to interfere or disrupt | ||
| networks connected to the Service; and (4) to comply with all regulations, | ||
| policies and procedures of networks connected to the Service. | ||
| The Service makes use of the Internet to send and receive certain messages; | ||
| therefore, Member's conduct is subject to Internet regulations, policies and | ||
| procedures. Member will not use the Service for chain letters, junk mail, | ||
| spamming or any use of distribution lists to any person who has not given | ||
| specific permission to be included in such a process. | ||
| Member agrees not to transmit through the Service any unlawful, harassing, | ||
| libelous, abusive, threatening, or harmful material of any kind or nature. | ||
| Member further agrees not to transmit any material that encourages conduct | ||
| that could constitute a criminal offense, give rise to civil liability or | ||
| otherwise violate any applicable local, state, national or international law | ||
| or regulation. Attempts to gain unauthorized access to other computer systems | ||
| are prohibited. | ||
| Member shall not interfere with another Member's use and enjoyment of the | ||
| Service or another entity's use and enjoyment of similar services. | ||
| Pyra may, at its sole discretion, immediately terminate Service should | ||
| Member's conduct fail to conform with these terms and conditions of the BTS. | ||
| 13. INDEMNIFICATION | ||
| Member agrees to indemnify and hold Pyra, parents, subsidiaries, affiliates, | ||
| officers and employees, harmless from any claim or demand, including | ||
| reasonable attorneys' fees, made by any third party due to or arising out of | ||
| Member's use of the Service, the violation of this BTS by Member, or the | ||
| infringement by Member, or other user of the Service using Member's computer, | ||
| of any intellectual property or other right of any person or entity. | ||
| 14. TERMINATION | ||
| Either Member or Pyra may terminate the Service with or without cause at any | ||
| time and effective immediately. Pyra shall not be liable to Member or any | ||
| third party for termination of Service. | ||
| Should Member object to any terms and conditions of the BTS or any subsequent | ||
| modifications thereto or become dissatisfied with the Service in any way, | ||
| Member's only recourse is to immediately discontinue use of the Service. | ||
| <p> | ||
| Upon termination of the Service, Member's right to use the Service and | ||
| Software immediately ceases. Member shall have no right and Pyra will have no | ||
| obligation thereafter to forward any unread or unsent messages to Member or | ||
| any third party. | ||
| 15. NOTICE | ||
| All notices to a party shall be in writing and shall be made either via email | ||
| or conventional mail. Pyra may broadcast notices or messages through the | ||
| Service to inform Member of changes to the BTS, the Service, or other matters | ||
| of importance; such broadcasts shall constitute notice to Member. | ||
| 16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS | ||
| Member may enter into correspondence with or participate in promotions of the | ||
| Advertisers showing their products on the Service. Any such correspondence or | ||
| promotions, including the delivery of and the payment for goods and services, | ||
| and any other terms, conditions, warranties or representations associated | ||
| with such correspondence or promotions, are solely between the corresponding | ||
| Member and the Advertiser. Pyra assumes no liability, obligation or | ||
| responsibility for any part of any such correspondence or promotion. | ||
| 17. PROPRIETARY RIGHTS TO CONTENT | ||
| Member acknowledges that content, including but not limited to text, | ||
| software, music, sound, photographs, video, graphics or other material | ||
| contained in either sponsor advertisements or email-distributed, commercially | ||
| produced information presented to Member by the Service ("Content") by Pyra | ||
| or Pyra's Advertisers, is protected by copyrights, trademarks, service marks, | ||
| patents or other proprietary rights and laws; therefore, Member is only | ||
| permitted to use this Content as expressly authorized by the Service or the | ||
| Advertiser. Member may not copy, reproduce, distribute, or create derivative | ||
| works from this Content without expressly being authorized to do so by the | ||
| Service or the Advertiser. | ||
| 18. LAWS | ||
| The BTS shall be governed by and construed in accordance with the laws of the | ||
| state of California, excluding BTS conflict of law provisions. | ||
| Member and Pyra agree to submit to the exclusive jurisdiction of the courts | ||
| of the state of California. If any provision(s) of the BTS is held by a court | ||
| of competent jurisdiction to be contrary to law, then such provision(s) shall | ||
| be construed, as nearly as possible, to reflect the intentions of the parties | ||
| with the other provisions remaining in full force and effect. | ||
| Pyra's failure to exercise or enforce any right or provision of the BTS shall | ||
| not constitute a waiver of such right or provision unless acknowledged and | ||
| agreed to by Pyra in writing. | ||
| <p> | ||
| Member and Pyra agree that any cause of action arising out of or related to | ||
| this Service must commence within one (1) year after the cause of action | ||
| arose; otherwise, such cause of action is permanently barred. The section | ||
| titles in the BTS are solely used for the convenience of the parties and have | ||
| no legal or contractual significance. | ||
| <h1> | ||
| Terms of Service for Blogspot.com | ||
| Blog*Spot is an optional hosting service for Blogger-powered blogs. If | ||
| the Blog*Spot option is selected, the following terms also apply: | ||
| 1. ACCEPTANCE OF TERMS Welcome to Pyra's BlogSpot. Pyra.com Ltd. | ||
| ("Pyra") provides the BlogSpot service to you, subject to | ||
| the following Terms of Service ("TOS"), which may be updated | ||
| by us from time to time without notice to you; provided that, we will | ||
| not alter Section 5 ("Content Submitted to BlogSpot") | ||
| without prior notice to and acceptance by you. You can review the most | ||
| current version of the TOS at any time at: | ||
| http://www.blogspot.com/tos.html. Please note that other Pyra services | ||
| (like Blogger) are governed by a different Terms of Service. | ||
| 2. DESCRIPTION OF SERVICE BlogSpot currently provides users with | ||
| access to web page hosting services, specifically for Blogger-powered | ||
| web pages (the "Service"). (Blogger is a separate service of | ||
| Pyra which does not require BlogSpot. BlogSpot is provided simply as a | ||
| convenience for Blogger users who don't already have a place to | ||
| put the Blogger-powered site.) Unless explicitly stated otherwise, any | ||
| new features that augment or enhance the current Service, shall be | ||
| subject to this TOS. Now, this next part seems really damn obvious, | ||
| but everyone else has it in their TOS's so someone's probably | ||
| gotten sued for not having it. So: In order to use the Service, you | ||
| must obtain access to the World Wide Web, either directly or through | ||
| devices that access web-based content, and pay any service fees | ||
| associated with such access. In addition, you must provide all | ||
| equipment necessary to make such connection to the World Wide Web, | ||
| including a computer and modem or other access device. | ||
| 3. Pyra PRIVACY POLICY It is Pyra's policy to respect the privacy | ||
| of Members. Therefore, Pyra will not disclose to any third party | ||
| Member's name or contact information. Pyra will also not monitor, | ||
| edit, or disclose the contents of a Member's information unless | ||
| required to do so by law or in the good faith belief that such action | ||
| is necessary to: (1) conform to the edicts of the law or comply with | ||
| legal process served on Pyra; (2) protect and defend the rights or | ||
| property of Pyra; or (3) act under exigent circumstances to protect | ||
| the personal safety of Pyra service's users or the public; (4) fix | ||
| or debug problems with the BlogSpot servers/software/service. | ||
| 4. MEMBER CONDUCT You understand that all information, data, text, | ||
| software, music, sound, photographs, graphics, video, messages or | ||
| other materials ("Content"), whether publicly posted or | ||
| privately transmitted, are the sole responsibility of the person from | ||
| which such Content originated. This means that you, and not Pyra, are | ||
| entirely responsible for all Content that you upload, post or | ||
| otherwise transmit via the Service. Pyra does not control the Content | ||
| posted via the Service and, as such, does not guarantee the accuracy, | ||
| integrity or quality of such Content. You understand that by using the | ||
| Service, you may be exposed to Content that is offensive, indecent or | ||
| objectionable. | ||
| You agree to not use the Service to: (a) upload, post or otherwise | ||
| transmit any Content that is unlawful, harmful, threatening, abusive, | ||
| harassing, tortious, defamatory, vulgar, obscene, libelous, invasive | ||
| of another's privacy, hateful, or racially, ethnically or | ||
| otherwise objectionable; (b) harm minors in any way; (c) impersonate | ||
| any person or entity, including, but not limited to, a Pyra official, | ||
| forum leader, guide or host, or falsely state or otherwise | ||
| misrepresent your affiliation with a person or entity; (d) upload, | ||
| post or otherwise transmit any Content that you do not have a right to | ||
| transmit under any law or under contractual or fiduciary relationships | ||
| (such as inside information, proprietary and confidential information | ||
| learned or disclosed as part of employment relationships or under | ||
| nondisclosure agreements); (e) upload, post or otherwise transmit any | ||
| Content that infringes any patent, trademark, trade secret, copyright | ||
| or other proprietary rights of any party; (f) upload, post or | ||
| otherwise transmit 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; (g) interfere with or disrupt the | ||
| Service or servers or networks connected to the Service, or disobey | ||
| any requirements, procedures, policies or regulations of networks | ||
| connected to the Service; (h) intentionally or unintentionally violate | ||
| any applicable local, state, national or international law, including, | ||
| but not limited to, regulations promulgated by the U.S. Securities and | ||
| Exchange Commission, any rules of any national or other securities | ||
| exchange, including, without limitation, the New York Stock Exchange, | ||
| the American Stock Exchange or the NASDAQ, and any regulations having | ||
| the force of law; (i) "stalk" or otherwise harass another; | ||
| (j) collect or store personal data about other users; (k) promote or | ||
| provide instructional information about illegal activities, promote | ||
| physical harm or injury against any group or individual, or promote | ||
| any act of cruelty to animals. This may include, but is not limited | ||
| to, providing instructions on how to assemble bombs, grenades and | ||
| other weapons, and creating "Crush" sites; | ||
| 5. CONTENT SUBMITTED TO BlogSpot | ||
| Pyra does not claim ownership of the | ||
| Content you place on your BlogSpot Site. Pyra may quote or reproduce | ||
| small portions of your content (if you have made it public) in order | ||
| to promote your BlogSpot site and/or the BlogSpot service, but only on | ||
| a fair-use-type basis. | ||
| You acknowledge that Pyra does not pre-screen Content, but that Pyra | ||
| and its designees shall have the right (but not the obligation) in | ||
| their sole discretion to refuse or remove any Content that is | ||
| available via the Service. Without limiting the foregoing, Pyra and | ||
| its designees shall have the right to remove any Content that violates | ||
| the TOS or is otherwise objectionable. You agree that you must | ||
| evaluate, and bear all risks associated with, the use of any Content, | ||
| including any reliance on the accuracy, completeness, or usefulness of | ||
| such Content. | ||
| 6. INDEMNITY You agree to indemnify and hold Pyra, and its | ||
| subsidiaries, affiliates, officers, agents, co-branders or other | ||
| partners, and employees, harmless from any claim or demand, including | ||
| reasonable attorneys' fees, made by any third party due to or | ||
| arising out of your Content, your use of the Service, your connection | ||
| to the Service, your violation of the TOS, or your violation of any | ||
| rights of another. | ||
| 7. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, | ||
| sell, resell or exploit any portion of the Service, use of the | ||
| Service, or access to the Service. | ||
| 8. MODIFICATIONS TO SERVICE Pyra reserves the right at any time and | ||
| from time to time to modify or discontinue, temporarily or | ||
| permanently, the Service (or any part thereof) with or without notice. | ||
| You agree that Pyra shall not be liable to you or to any third party | ||
| for any modification, suspension or discontinuance of the Service. | ||
| 9. TERMINATION You agree that Pyra, in its sole discretion, may | ||
| terminate your password, BlogSpot Site, use of the Service or use of | ||
| any other Pyra service, and remove and discard any Content within the | ||
| Service, for any reason, including, without limitation, for lack of | ||
| use or if Pyra believes that you have violated or acted inconsistently | ||
| with the letter or spirit of the TOS. Pyra may also in its sole | ||
| discretion and at any time discontinue providing the Service, or any | ||
| part thereof, with or without notice. You agree that any termination | ||
| of your access to the Service under any provision of this TOS may be | ||
| effected without prior notice, and acknowledge and agree that Pyra may | ||
| immediately deactivate or delete your BlogSpot Site and all related | ||
| information and files in your BlogSpot Site and/or bar any further | ||
| access to such files or the Service. Further, you agree that Pyra | ||
| shall not be liable to you or any third-party for any termination of | ||
| your access to the Service. | ||
| The following point (#10) does not apply if you opt for ad-free | ||
| hosting, BlogSpot Plus 25 or Plus 100 service. | ||
| 10. ADVERTISEMENTS AND PROMOTIONS Pyra runs advertisements and | ||
| promotions on BlogSpot Sites. By creating your BlogSpot Site, you | ||
| agree that Pyra has the right to run such advertisements and | ||
| promotions. You also agree that you will not attempt to block or | ||
| otherwise interfere with advertisements displayed on your BlogSpot | ||
| site via JavaScript or any other means. Doing so is grounds for | ||
| immediate termination of service. The manner, mode and extent of | ||
| advertising by Pyra on your BlogSpot Site is subject to change. Your | ||
| correspondence or business dealings with, or participation in | ||
| promotions of, advertisers found on or through the Service, including | ||
| payment and delivery of related goods or services, and any other | ||
| terms, conditions, warranties or representations associated with such | ||
| dealings, are solely between you and such advertiser. You agree that | ||
| Pyra shall not be responsible or liable for any loss or damage of any | ||
| sort incurred as the result of any such dealings or as the result of | ||
| the presence of such advertisers on the Service. | ||
| 11. Pyra PROPRIETARY RIGHTS You acknowledge and agree that the Service | ||
| and any necessary software used in connection with the Service | ||
| ("Software") contain proprietary and confidential | ||
| information that is protected by applicable intellectual property and | ||
| other laws. You further acknowledge and agree that Content contained | ||
| in sponsor advertisements or information presented to you through the | ||
| Service or advertisers is protected by copyrights, trademarks, service | ||
| marks, patents or other proprietary rights and laws. Except as | ||
| expressly authorized by Pyra or advertisers, you agree not to modify, | ||
| rent, lease, loan, sell, distribute or create derivative works based | ||
| on the Service or the Software, in whole or in part. | ||
| This is the all-caps part: | ||
| 12. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: | ||
| (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS | ||
| PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. | ||
| Pyra 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. (b) Pyra MAKES NO WARRANTY THAT (i) THE SERVICE WILL | ||
| MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, | ||
| TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED | ||
| FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE | ||
| QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL | ||
| PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR | ||
| EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. | ||
| (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF | ||
| THE 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. (d) NO | ||
| ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM | ||
| Pyra OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT | ||
| EXPRESSLY STATED IN THE TOS. (e) IF YOU HAVE READ THIS FAR THEN YOUR | ||
| EYES PROBABLY HURT. ALL CAPS, WHAT WERE WE THINKING? HOWEVER, WE ARE | ||
| NOT LIABLE FOR THIS OR ANY OTHER OCULAR MALADY. | ||
| 13. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT | ||
| Pyra 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 Pyra HAS BEEN ADVISED OF THE POSSIBILITY OF | ||
| SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE | ||
| SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES | ||
| RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR | ||
| OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR | ||
| FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR | ||
| TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY | ||
| ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. | ||
| <p> | ||
| 14. EXCLUSIONS AND LIMITATIONS 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 OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU. | ||
| 15. NOTICE Notices to you may be made via either email or regular | ||
| mail. The Service may also provide notices of changes to the TOS or | ||
| other matters by displaying notices or links to notices to you | ||
| generally on the Service. | ||
| <p> | ||
| 16. GENERAL INFORMATION The TOS constitute the entire agreement | ||
| between you and Pyra and govern your use of the Service, superceding | ||
| any prior agreements between you and Pyra or BlogSpot (including, but | ||
| not limited to, any prior versions of the TOS). You also may be | ||
| subject to additional terms and conditions that may apply when you use | ||
| affiliate or other Pyra services, third-party content or third-party | ||
| software. The TOS and the relationship between you and Pyra shall be | ||
| governed by the laws of the State of California without regard to its | ||
| conflict of law provisions. You and Pyra agree to submit to the | ||
| personal and exclusive jurisdiction of the courts located within the | ||
| county of San Francisco, California. The failure of Pyra to exercise | ||
| or enforce any right or provision of the TOS shall not constitute a | ||
| waiver of such right or provision. If any provision of the TOS is | ||
| found by a court of competent jurisdiction to be invalid, the parties | ||
| nevertheless agree that the court should endeavor to give effect to | ||
| the parties' intentions as reflected in the provision, and the | ||
| other provisions of the TOS remain in full force and effect. You agree | ||
| that regardless of any statute or law to the contrary, 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 such claim or cause of | ||
| action arose or be forever barred. The section titles in the TOS are | ||
| for convenience only and have no legal or contractual effect. | ||
| 17. VIOLATIONS Please report any violations of the TOS via the Blogger | ||
| Support home page. | ||