|
|
Terms of Service |
Terms of Service Agreement:
The following terms and conditions govern all use of the JabberPress.com
website and all content, services and products available at or through
the website, (taken together, the Website). The Website is owned and
operated by Produx House, Corp. ("Produx House"). The Website is offered
subject to your acceptance without modification of all of the terms
and conditions contained herein and all other operating rules, policies
(including, without limitation, Produx
House's Privacy Policy) and procedures that may be published from
time to time on this Site by Produx House (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the
Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do
not agree to all the terms and conditions of this agreement, then you
may not access the Website or use any services. If these terms and conditions
are considered an offer by Produx House, acceptance is expressly limited
to these terms. The Website is available only to individuals who are
at least 13 years old.
- Your JabberPress.com Account and Site. If you create
a blog on the Website, you are responsible for maintaining the security
of your account and blog, and you are fully responsible for all activities
that occur under the account and any other actions taken in connection
with the blog. You must not describe or assign keywords to your blog
in a misleading or unlawful manner, including in a manner intended
to trade on the name or reputation of others, and Produx House may
change or remove any description or keyword that it considers inappropriate
or unlawful, or otherwise likely to cause Produx House liability.
Produx House may replace or alter identifying user or account names
deemed inappropriate or in conflict with Website software or other
users. You must immediately notify Produx House of any unauthorized
uses of your blog, your account or any other breaches of security.
Produx House will not be liable for any acts or omissions by You,
including any damages of any kind incurred as a result of such acts
or omissions.
- Responsibility of Contributors. If you operate
a blog, comment on a blog, post material to the Website, post links
on the Website, or otherwise make (or allow any third party to make)
material available by means of the Website (any such material, "Content"),
You are entirely responsible for the content of, and any harm resulting
from, that Content. That is the case regardless of whether the Content
in question constitutes text, graphics, an audio file, or computer
software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe
the proprietary rights, including but not limited to the copyright,
patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create,
you have either (i) received permission from your employer to
post or make available the Content, including but not limited
to any software, or (ii) secured from your employer a waiver as
to all rights in or to the Content;
- you have fully complied with any third-party licenses relating
to the Content, and have done all things necessary to successfully
pass through to end users any required terms;
- the Content does not contain or install any viruses, worms,
malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or
randomly-generated, and does not contain unethical or unwanted
commercial content designed to drive traffic to third party sites
or boost the search engine rankings of third party sites, or to
further unlawful acts (such as phishing) or mislead recipients
as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more
info on what that means), does not contain threats or incite
violence towards individuals or entities, and does not violate
the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic
messages such as spam links on newsgroups, email lists, other
blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers
into thinking that you are another person or company. For example,
your blog's URL or name is not the name of a person other than
yourself or company other than your own; and
- you have, in the case of Content that includes computer code,
accurately categorized and/or described the type, nature, uses
and effects of the materials, whether requested to do so by Produx
House or otherwise.
By submitting Content to Produx House for inclusion on your Website,
you grant Produx House a world-wide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish the Content solely
for the purpose of displaying, distributing and promoting your blog.
If you delete Content, Produx House will use reasonable efforts
to remove it from the Website, but you acknowledge that caching
or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Produx
House has the right (though not the obligation) to, in Produx House's
sole discretion (i) refuse or remove any content that, in Produx
House's reasonable opinion, violates any Produx House policy or
is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website to any individual or entity for
any reason, in Produx House's sole discretion. Produx House will
have no obligation to provide a refund of any amounts previously
paid.
- Responsibility of Website Visitors. Produx House
has not reviewed, and cannot review, all of the material, including
computer software, posted to the Website, and cannot therefore be
responsible for that material's content, use or effects. By operating
the Website, Produx House does not represent or imply that it endorses
the material there posted, or that it believes such material to be
accurate, useful or non-harmful. You are responsible for taking precautions
as necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content. The
Website may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Website may also contain
material that violates the privacy or publicity rights, or infringes
the intellectual property and other proprietary rights, of third parties,
or the downloading, copying or use of which is subject to additional
terms and conditions, stated or unstated. Produx House disclaims any
responsibility for any harm resulting from the use by visitors of
the Website, or from any downloading by those visitors of content
there posted.
- Content Posted on Other Websites. We have not reviewed,
and cannot review, all of the material, including computer software,
made available through the websites and webpages to which JabberPress.com
links, and that link to JabberPress.com. Produx House does not have
any control over those non-JabberPress websites and webpages, and
is not responsible for their contents or their use. By linking to
a non-JabberPress website or webpage, Produx House does not represent
or imply that it endorses such website or webpage. You are responsible
for taking precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or destructive
content. Produx House disclaims any responsibility for any harm resulting
from your use of non-JabberPress websites and webpages.
- Fees and Payment. Optional premium paid services
are available on the Website. By selecting a premium service you agree
to pay Produx House the monthly or annual subscription fees indicated
for that service. Payments will be charged on the day you sign up
for a premium service and will cover the use of that service for a
monthly or annual period as indicated. Premium service fees are not
refundable.
- Ad Tokens. The Website may include an opportunity
for you to earn, buy, receive, or use a type of virtual token (currently
known as "Ad Tokens") to access certain advertising features, Content,
or other services (collectively, "Ad Services") available on the Website.
Ad Tokens are not real currency and are not redeemable for monetary
value from Produx House.
When you acquire an Ad Token, Produx House hereby grants you a
limited license ("Ad Token License") to use the Ad Token as a virtual
token to be held, bartered, traded and/or transferred within the
Website with other users (and/or Produx House), in exchange for
permission to access and use Ad Services, in accordance with these
Terms of Service. The Ad Token License is transferable by the holder
to any other user, provided that both users comply with these Terms
of Service, maintain their accounts in good standing, and are not
delinquent on any account payment requirements. Except as expressly
permitted by this Agreement or otherwise expressly permitted by
Produx House, the Ad Token License may not be sublicensed, encumbered,
conveyed or made subject to any right of survivorship or other disposition
by operation of law or otherwise, and you agree that any attempted
disposition in violation of these Terms of Service is null and void.
Produx House may revoke the Ad Token License at any time without
notice, refund or compensation in the event that: (i) the Ad Token
program is suspended or discontinued; (ii) Produx House determines
that fraud or other illegal conduct is associated with the Holder's
Account; (iii) Produx House imposes an expiration date on usage
of Ad Tokens in compliance with applicable laws and regulations;
(iv) the holder's account is terminated for violation of these Terms
of Service; or (v) the holder becomes delinquent on any account
payment requirements, ceases to maintain an active account or terminates
this Agreement.
You acknowledge that Ad Tokens are not real currency or any type
of financial instrument and are not redeemable for any sum of money
from Produx House at any time. You agree that Produx House has the
right to manage, regulate, control, and/or modify the license rights
underlying such Ad Tokens as it sees fit and that Produx House will
have no liability to you based on its exercise of this right. Produx
House makes no guarantee as to the nature, quality or value of the
Ad Services that will be accessible through the use of Ad Tokens,
or the availability or supply of Ad Tokens.
You agree that under no circumstances is Produx House liable to
you for any damages or claims that may arise from the loss or use
of your Ad Tokens, regardless of the circumstances. You absolve
Produx House of any responsibility to maintain or update your Ad
Token Account.
All acquisitions and redemptions of Ad Tokens are final. Once an
Ad Token has been lost or redeemed, it will be subtracted from your
Account and cannot be refunded or returned, except in Produx House's
sole discretion. The Website may offer Ad Services that require
ongoing, or periodic, or metered redemption of Ad Tokens. By using
Ad Services, you agree to have Ad Tokens subtracted from your Account
automatically as needed to fulfill Ad Service requirements.
- Copyright Infringement and DMCA Policy. As Produx
House asks others to respect its intellectual property rights, it
respects the intellectual property rights of others. If you believe
that material located on or linked to by JabberPress.com violates
your copyright, you are encouraged to notify Produx House in accordance
with Produx House's Digital Millennium Copyright
Act ("DMCA") Policy. Produx House will respond to all such notices,
including as required or appropriate by removing the infringing material
or disabling all links to the infringing material. In the case of
a visitor who may infringe or repeatedly infringes the copyrights
or other intellectual property rights of Produx House or others, Produx
House may, in its discretion, terminate or deny access to and use
of the Website. In the case of such termination, Produx House will
have no obligation to provide a refund of any amounts previously paid
to Produx House.
- Intellectual Property. This Agreement does not
transfer from Produx House to you any Produx House or third party
intellectual property, and all right, title and interest in and to
such property will remain (as between the parties) solely with Produx
House. Produx House, DataMessenger.com, JabberPress.com, the JabberPress.com
logo, and all other trademarks, service marks, graphics and logos
used in connection with JabberPress.com, or the Website are trademarks
or registered trademarks of Produx House or Produx House's licensors.
Other trademarks, service marks, graphics and logos used in connection
with the Website may be the trademarks of other third parties. Your
use of the Website grants you no right or license to reproduce or
otherwise use any Produx House or third-party trademarks.
- Changes. Produx House reserves the right, at its
sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for
changes. Your continued use of or access to the Website following
the posting of any changes to this Agreement constitutes acceptance
of those changes. Produx House may also, in the future, offer new
services and/or features through the Website (including, the release
of new tools and resources). Such new features and/or services shall
be subject to the terms and conditions of this Agreement.
- Termination. Produx House may terminate your access
to all or any part of the Website at any time, with or without cause,
with or without notice, effective immediately. If you wish to terminate
this Agreement or your JabberPress.com account (if you have one),
you may simply discontinue using the Website. All provisions of this
Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The
Website is provided "as is". Produx House and its suppliers and licensors
hereby disclaim all warranties of any kind, express or implied, including,
without limitation, the warranties of merchantability, fitness for
a particular purpose and non-infringement. Neither Produx House nor
its suppliers and licensors, makes any warranty that the Website will
be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content
or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no
event will Produx House, or its suppliers or licensors, be liable
with respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages; (ii) the cost
of procurement or substitute products or services; (iii) for interruption
of use or loss or corruption of data; or (iv) for any amounts that
exceed the fees paid by you to Produx House under this agreement during
the twelve (12) month period prior to the cause of action. Produx
House shall have no liability for any failure or delay due to matters
beyond their reasonable control. The foregoing shall not apply to
the extent prohibited by applicable law.
- General Representation and Warranty. You represent
and warrant that (i) your use of the Website will be in strict accordance
with the Produx House Privacy Policy, with this Agreement and with
all applicable laws and regulations (including without limitation
any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content,
and including all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside)
and (ii) your use of the Website will not infringe or misappropriate
the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold
harmless Produx House, its contractors, and its licensors, and their
respective directors, officers, employees and agents from and against
any and all claims and expenses, including attorneys' fees, arising
out of your use of the Website, including but not limited to your
violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire
agreement between Produx House and you concerning the subject matter
hereof, and they may only be modified by a written amendment signed
by an authorized executive of Produx House, or by the posting by Produx
House of a revised version. Except to the extent applicable law, if
any, provides otherwise, this Agreement, any access to or use of the
Website will be governed by the laws of the state of Florida, U.S.A.,
excluding its conflict of law provisions, and the proper venue for
any disputes arising out of or relating to any of the same will be
the state and federal courts located in Lee County, Florida. Except
for claims for injunctive or equitable relief or claims regarding
intellectual property rights (which may be brought in any competent
court without the posting of a bond), any dispute arising under this
Agreement shall be finally settled in accordance with the Comprehensive
Arbitration Rules of the Judicial Arbitration and Mediation Service,
Inc. ("JAMS") by three arbitrators appointed in accordance with such
Rules. The arbitration shall take place in Atlanta, Georgia, in the
English language and the arbitral decision may be enforced in any
court. The prevailing party in any action or proceeding to enforce
this Agreement shall be entitled to costs and attorneys' fees. If
any part of this Agreement is held invalid or unenforceable, that
part will be construed to reflect the parties' original intent, and
the remaining portions will remain in full force and effect. A waiver
by either party of any term or condition of this Agreement or any
breach thereof, in any one instance, will not waive such term or condition
or any subsequent breach thereof. You may assign your rights under
this Agreement to any party that consents to, and agrees to be bound
by, its terms and conditions; Produx House may assign its rights under
this Agreement without condition. This Agreement will be binding upon
and will inure to the benefit of the parties, their successors and
permitted assigns.
Acknowledgments:
Most of the text within this "Terms of
Service" Agreement is provided by Automattic has made their "Terms of Service" available
under a license (with some rights reserved).
|
|