Writers Terms
- 1.1. LocalTownBlogs.com provides services to its clients via its website.
- 1.2. You understand and agree that the service is provided "AS-IS" and that LocalTownBlogs.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your communications or personalization settings. You are solely responsible for obtaining access to the service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the service.
- 1.3. All changes to LocalTownBlogs.com services will be subject to these Terms and Conditions.
- 2.1. The Products and Services will require the user to register and provide certain data. In consideration of your use of the Products and Services, in registering and providing such data, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, and you warrant that : (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by the registration form ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LocalTownBlogs.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LocalTownBlogs.com has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
- 2.2. You acknowledge the receipt of the LocalTownBlogs.com Privacy Policy.
- 2.3. The minimum age for using the LocalTownBlogs.com Products and Services is 18.
- 2.4. Upon registration, you will select a Site Name as well as a login and a password. You will notify LocalTownBlogs.com immediately of any known or suspected unauthorized use, activities or disclosure of the Site or any information, or any other breach of security.
- 2.5. LocalTownBlogs.com will not be liable for any failure by you or any persons affiliated with you to comply with these Terms and Conditions.
- 3.1. This agreement may be terminated at any time by either party with notice.
- 3.2. LocalTownBlogs.com, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the services, registration code, any password, Site Name, registration, any part or all of the Site, and/or your access to the LocalTownBlogs.com software and use of any part or all of their personally identifiable information, Registration Information, Site Information, the services and/or the Site, and/or their rights under these Terms and Conditions (all of the foregoing rights and actions to "Terminate" or a "Termination"), all at any time, including without limitation if
- (a) LocalTownBlogs.com believes that you or an affiliated member of yours has violated or is threatening to violate these Terms or any other policy of LocalTownBlogs.com, its Third Party Providers or applicable law, has misused or is threatening to misuse the services, or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity,
- (b) LocalTownBlogs.com believes that you or an affiliated member of yours has accessed or is attempting to access any part of the Services or Content without authorization, or the Site, or Registration, Site or Personal Information of any other user that you assign its rights to the Site or the Site Name,
- (c) LocalTownBlogs.com discontinues the Services or any part thereof for any reason.
- 3.3. LocalTownBlogs.com reserves the right to investigate the validity of any complaint presented to it which alleges that any site has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way which violates these Terms. Such investigations may include logging on to the site and/or reviewing any data or information contained therein. LocalTownBlogs.com will not, however, provide any such information to any third party unless required by law or court order.
Pursuant to the terms and conditions set forth herein, LocalTownBlogs.com grants you a non-exclusive, limited, personal, non-transferable license to use the LocalTownBlogs.com online Software.
You agree that LocalTownBlogs.com is not responsible or liable for any insufficient storage capacity or bandwidth limitation or the deletion or failure to store data or information. LocalTownBlogs.com regularly backs up site information stored on the Site (the site or corresponding web space), and stores the same for a limited time. However LocalTownBlogs.com will have no liability for any failure to back up or restore such Site Information, or for interruptions, delay or suspension of access to or unavailability of Site, Registration or Personal Information, or any loss of such Information, data or transmissions.
You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- 7.1. 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 LocalTownBlogs.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the service. LocalTownBlogs.com 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. Under no circumstances will LocalTownBlogs.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the service.
You agree to not use the service to:- upload, post, email, transmit or otherwise make available 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;
- harm minors in any way; impersonate any person or entity, including, but not limited to, a LocalTownBlogs.com official, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
- upload, post, email, transmit or otherwise make available 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;
- 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;
- intentionally or unintentionally violate any applicable local, state, national or international law,
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
- 7.2. You acknowledge that LocalTownBlogs.com may or may not pre-screen Content, but that LocalTownBlogs.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the service. Without limiting the foregoing, LocalTownBlogs.com and its designees shall have the right to remove any Content that violates these terms 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.
- 7.3. LocalTownBlogs.com does not claim ownership of Content you submit or make available for inclusion on the service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the service, you grant LocalTownBlogs.com a world-wide, royalty free and non-exclusive license(s) for LocalTownBlogs.com�s promotional purposes only.
- LocalTownBlogs.com may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the LocalTownBlogs.com Web Sites to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. LocalTownBlogs.com has no control over such sites and resources. You acknowledge and agree that LocalTownBlogs.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LocalTownBlogs.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the LocalTownBlogs.com Web Sites, 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 LocalTownBlogs.com 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 LocalTownBlogs.com Web Sites.
You agree to indemnify and hold LocalTownBlogs.com, 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 Content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the these Terms and Conditions, or your violation of any rights of another.
It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of LocalTownBlogs.com, including but not limited to the LocalTownBlogs.com customer service and maintenance tools. You acknowledge that all right and title to any such LocalTownBlogs.com intellectual property shall remain the sole property of LocalTownBlogs.com and that you have no right, title or interest therein. You further agree not to provide access to the LocalTownBlogs.com services to any third party. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the LocalTownBlogs.com services shall also remain the sole property or LocalTownBlogs.com. During the term of this agreement you have access to certain information and materials relating to the LocalTownBlogs.com business, customers, software technology and marketing which LocalTownBlogs.com treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (a) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of LocalTownBlogs.com; and (b) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant the rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
All LocalTownBlogs.com services are provided to you on an �as is� basis. LocalTownBlogs.com makes every reasonable effort to maintain operation of the LocalTownBlogs.com services. However because many events and circumstances are beyond the control of LocalTownBlogs.com, LocalTownBlogs.com does not in any way warrant or otherwise guarantee the availability of the LocalTownBlogs.com system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of LocalTownBlogs.com. LocalTownBlogs.com may, at its sole discretion, limit or deny access to its servers, if, in the judgment of LocalTownBlogs.com, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the LocalTownBlogs.com servers.
THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO LOCALTOWNBLOGS.COM IN THE SIX MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY, BUT IN NO EVENT TO EXCEED
