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1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE 1blogs.com ("1blogs"),
owned and operated by 21st Century Lion Inc. ("21CL"), is provided to you
("Member") under the terms and conditions of this Terms of Service (TS) and any
operating rules or policies that may be published by 21CL. The TS comprises the
entire agreement between Member and 21CL and supersedes all prior agreements
between the parties regarding the subject matter contained herein. BY COMPLETING
THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS OF THE TS.
2. DESCRIPTION OF SERVICE 1blogs provides Member with various publishing and
community services, including but not limited to the capability to post
information to a web page and participate in web-based discussions. Some of
these services will be free of charge, others may cost money or have other
requirements.
3. MODIFICATIONS TO TERMS OF SERVICE 21CL may change the terms and conditions
of the TS from time to time, and revised TS will be posted at 1blogs.com.
Member's continued use of the Service constitutes an affirmative: (1)
acknowledgment by Member of the TS and TS modifications; and (2) agreement by
Member to abide and be bound by the TS and TS modifications.
4. MODIFICATIONS TO SERVICE 21CL reserves the right to modify or discontinue
the Service with or without notice to Member. 21CL shall not be liable to Member
or any third party should 21CL exercise TS right to modify or discontinue the
Service.
5. PRIVACY POLICY All information entered into 1blogs by Member is private to
Member except to the extent that he or she opts to share that information with
other 1blogs members and/or the public, through 1blogs or otherwise.
It is 21CL's policy to respect the privacy of Members. Therefore, 21CL will
not disclose to any third party Member's name or contact information. 21CL 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 21CL; (2) protect and defend the rights or property of 21CL; or (3)
act under exigent circumstances to protect the personal safety of TS members or
the public; (4) fix or debug problems with the 1blogs software/service.
6. CONTENT RESPONSIBILITY Member acknowledges and agrees that 21CL 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.
Member agrees to immediately notify 21CL 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.
21CL 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.
21CL 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.
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.
21CL 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 21CL 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. INTERNATIONAL USE Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or the
country in which you reside.
11. STORAGE AND OTHER LIMITATIONS 21CL assumes no responsibility for the
deletion or failure to store information entered into 1blogs.
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.
21CL may, at its sole discretion, immediately terminate Service should
Member's conduct fail to conform with these terms and conditions of the TS.
13. INDEMNIFICATION Member agrees to indemnify and hold 21CL, 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 TS 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 21CL may terminate the Service with or
without cause at any time and effective immediately. 21CL shall not be liable to
Member or any third party for termination of Service.
Should Member object to any terms and conditions of the TS 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.
Upon termination of the Service, Member's right to use the Service and
Software immediately ceases. Member shall have no right and 21CL 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. 21CL may broadcast notices or messages
through the Service to inform Member of changes to the TS, the Service, or other
matters of importance; such broadcasts shall constitute notice to Member.
16. VIOLATIONS Please report any violations of the TS via the 1blogs support
contacts.
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