Acceptable Use Policy
BLOGGERTALK ACCEPTABLE USE POLICY (AUP)
Blogger Talk offers you a wide variety of online products and services, including general and personalized content, communication tools, and forums on the following terms. By using the Service in any way you are agreeing to comply with these terms, which we may update with advance notice (or without notice at our discretion). You must be at least 13 years old and competent to enter into a contract to use the Service. If you are under the age of 13, a parent or legal guardian who is competent will enter on your behalf and take full responsibility for you. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain http://www.bloggertalk.net, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Blogger Talk.
Treat others with respect and behave yourself. Don't do anything disruptive or illegal. By using this Service you agree to our rules and guidelines. If you disagree, stop using this Service immediately. Blogger Talk is not responsible for the misuse or illegal use of any of the information and/or the software listed on the Service.
YOU'RE RESPONSIBILITY FOR CONTENT & CONDUCT
You are responsible for any content that you post or transmit on or through the Service. You will not use the Service to distribute, link to, or solicit content that:
1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive;
2. includes personally identifiable information about children;
3. infringes someone else's intellectual property or other rights;
4. advocates or solicits violence or other criminal conduct;
5. violates any law, regulation, or contract;
6. promotes participation in multi-level or pyramid marketing initiatives;
7. constitutes a raffle, sweepstakes, lottery, or any other form of gambling;
8. specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in Canada, US, or the domicile of either the distributor or recipient;
9. constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as Blogger Talk specifically authorizes;
10. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment;
11. contains pirated or illegal software or crack serial numbers that are designed to circumvent proper software licensing and registration;
You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as we specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Service.
ACCURATE INFORMATION
You will provide accurate and current information on all registration forms on the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through the Service.
SECURITY / NO DISRUPTION
You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Service, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Service. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
OBJECTIONABLE CONTENT
The opinions and views expressed by other users of the Service or content providers do not necessarily reflect those of Blogger Talk. You waive any claim resulting from your exposure to material on the Service that is offensive, indecent, or otherwise objectionable.
LINKS TO THIRD PARTY WEBSITES
We or third-party providers of content may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services.
LINKING TO OUR SITE
Blogger Talk permits anyone to link to this Site subject to the linker's compliance with the terms and conditions set forth. A site that links to this Site:
1.) You May link to, but not replicate, content contained in this Site;
2.) You Must not create frames or border environment or browser around content contained in this Site with out written consent;
3.) You Must not present misleading or false information about Blogger Talk services or products;
4.) You Must not misrepresent Blogger Talk relationship with the linker;
5.) You Must not imply that Blogger Talk is endorsing or sponsoring the linker or the linker's services or products;
6.) You Must not use Blogger Talk logos or trade marks without prior written permission from the Administrator of the Web service;
7.) You Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
8.) You Must not contain materials that are slanders, harassment, or Liable that would violate any laws;
9.) You Must agree that the link may be removed at any time upon Blogger Talk request and may not be allowed until receiving consent from the Administrator of such web services Blogger Talk.
10.) You must agree that you will not portray to be Blogger Talk
INDEMNITY
You agree to indemnify, defend and hold harmless Blogger Talk, its affiliates, moderators, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the AUP or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The AUP will inure to the benefit of Blogger Talk successors, assigns and licensees.
REGISTERED MEMBERS
Your email address is used only for confirming your registration details, password (and for sending new passwords should you forget your current one), or receiving newsletters if you subscribe. Blogger Talk mailing lists are opt-in, if you do not opt-in, you will not receive any newsletters from these lists. The Forums at Blogger Talk also have the ability to send you emails informing you of replies if you so elect. Please refer to the Notices section below.
COOKIES
Cookies are placed on your system so that whether as a registered member or not, the Service will maintain for you your personal Service configurations like Language. As a registered member, the cookies will also log you back in automatically upon Service visitation. These cookies are used only by the Service to enhance your stay and are not used for any kind of tracking.
ADMINISTRATION, AVAILABILITY
In order to ensure that Blogger Talk is able to provide high quality services which are responsive to customer needs, you must consent to Blogger Talk Moderator(s) / Administer(s) being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. Blogger Talk shall not disclose the existence or occurrence of such an investigation unless required by law. Violation of AUP may result in immediate deletion of a users account.
All chat and bulletin board communications are public and not private communications. Although we reserve the right to remove without notice any bulletin board posting for any reason, we have no obligation to delete content that you may find objectionable or offensive.
We may modify or discontinue our services or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of Blogger Talk services, or violated this AUP.
GENERAL DISCLAIMER/LIMITATION OF LIABILITY
THE SERVICE AND THE MATERIALS ARE PROVIDED BY BLOGGERTALK ON AN "AS IS" BASIS, AND BLOGGERTALK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL BLOGGERTALK.NET BE LIABLE FOR ANY LOSS OF PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS, AND THE PRODUCTS, IRRESPECTIVE OF WHETHER BLOGGERTALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY, OR DAMAGES. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OR PORTION OF THE ACCEPTABLE USE POLICY TO BE UNENFORCEABLE, THE REMAINDER OF THE ACCEPTABLE USE POLICY WILL CONTINUE IN FULL FORCE AND EFFECT.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF BLOGGERTALK.NET SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BLOGGERTALK SERVICES IS 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 SUCH MATERIAL AND/OR DATA.
UNACCEPTABLE USE
It is not acceptable to use Blogger Talk for any purposes which violate CAD, U.S. or state laws. Users of Blogger Talk shall not deploy leeching, data-mining, web-mirroring or web-copying of any kind against the site. Any such effort will be construed as an attempt to duplicate copyright data, and/or to destabilize the operation of the website. Blogger Talk employs active log checking in order to identify users who ignore this condition of use, and will investigate fully any suspected cases.
PRIVACY
Blogger Talk respects user privacy. Blogger Talk does not disclose rent or sell your email address or any other information we may receive to any third party, unless you specifically request it. In registration, Blogger Talk requires a username and an email address. All other details are optional.
Blogger Talk may disclose individual account or user information in cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating Blogger Talk AUP or may be causing injury to or interference with (either intentionally or unintentionally) Blogger Talk rights or property, other Blogger Talk users, or anyone else that could be harmed by such activities.
Blogger Talk may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services. Please note that with each page visited, your IP address is recorded, in the event that you need to be banned from the Service or your ISP contacted. This will only happen in the event of a major violation of this agreement.
ADVERTISEMENTS
Blogger Talk may install banner advertisements to help augment the costs of running the site.
MODIFICATIONS TO THIS POLICY
Blogger Talk reserves the right to modify this policy at any time without prior notification at our discretion. The responsibility to stay informed of any changes to this policy remains solely on you.
CONTESTS
Blogger Talk may in the operation of the service hold various contest giveaways. Entry requirements include everything within this AUP being satisfied, in addition to being a registered member. Winners will be announced publicly after random drawing and will be contacted via the email address as kept within the Blogger Talk database associated with their accounts. One entry per-registered member, per-contest only.
In order for winners to receive their winnings, winners must supply a shipping address no more than 30 days beyond public winner announcement to "rose@bloggertalk.net". If such is not supplied, another random drawing will be made to find a suitable contestant. Shipment will require on average of $3.50 shipping and handling charge for United States deliveries.
International Country winners may need to pay a higher shipping and handling fee. Winners may ask for insuring items prior to shipment. Blogger Talk is not liable for lost or damaged shipments and will not resend second copies. If as a winner you opt out from paying these minor fees, another random drawing will be made for a suitable contestant. Winners agree to allow Blogger Talk to publish their registered member name in formal contest winning announcements.
Payment of fees shall be made to "rose@bloggertalk.net" via the PayPal.com service. Exact payment will be disclosed after contact with winners is made. Entering the contest does not obligate you to pay any fees, and does not obligate Blogger Talk to send winners their winnings. This is for entertainment purposes only. However, once shipping and handling fees are processed, the winnings shall be shipped immediately.
NOTICES
Notices to you may be made by email via newsletter, or posted prominently on the Service.
INFORMATION
Questions related to the Blogger Talk Acceptable Use Policy should be addressed to:
Administrator of Web Services
rose@bloggertalk.net
Blogger Talk users authorize Blogger Talk to use, reproduce, transmit, store and display any user-supplied content (including message board postings and replies) for any purpose in any and all media. Blogger Talk is a Blogger Talk business venture.
This AUP constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the AUP will be effective only if in writing and signed by Blogger Talk.
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