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Terms of use

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Effective Date: January 24, 2011.

These Terms of Use set forth the standards of use of this website and all blogs, content, services and products available at or through this site (collectively, the "site"). This site is operated by BrandLab LLC, d/b/a Blog Media ("we" or "us"). By creating a blog on our site or using or uploading content to our site or any of the blogs on our site, you agree to these terms and conditions. We reserve the right, at any time, to modify, alter, or update these Terms of Use. Modifications will become effective immediately on being posted on this site. Your continued use of the site after modifications are posted constitutes an acknowledgement and acceptance of these Terms of Use and the modifications. Except as provided in this paragraph, these Terms of Use may not be modified. This site is available only to individuals who are at least 13 years old.

1. Creation of an Account and a Blog

If you create a blog on this site, you are responsible for maintaining the security of your account and blog, and you are 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 we may change or remove any description or keyword that we consider inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your blog, your account or any other breaches of security.

2. Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use this site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You shall not post or transmit through this site any material that violates or infringes in any way on the rights of others or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You further agree 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. You are prohibited from using this site to facilitate mail abuse or unsolicited email or content of any type (spam), machine- or randomly-generated content, or unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search-engine rankings of third-party sites. We reserve the right to refuse service to you for violation of this paragraph.

3. User Warranty and Indemnification

You warrant and represent that all content, including, without limitation, text, musical compositions, sound recordings, videos and photographs, submitted, uploaded or added to this site by or at the behest of you or your agents or representatives ("User Content"), is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content. You agree to indemnify and hold us and our employees, agents, representatives, sponsors and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your breach of the warranties and representations herein, your use of this site, the violation of these Terms of Use, or infringement by you, or other user of this site using your computer, of any intellectual property or any other right of any person or entity. You will cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without our written consent.

4. Your Responsibility for User Content

We are not responsible or liable for any User Content. User Content does not express our views. We do not guarantee that we will edit or delete User Content. We reserve the right to reveal your identity (or whatever information we know about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, we do not claim ownership of the User Content. You acknowledge that we are not responsible for the accuracy of any User Content and that you are solely responsible for the User Content. By posting the User Content, however, you are granting us permission to use the User Content in connection with this site.

5. Public Forums and Communication

You acknowledge that the blogs offered on this site are for public and not private communications and that you make all disclosures on this site at your own risk. You are and shall remain solely responsible for the content you post on this site and for the consequences of submitting and posting same. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on this site is at your own risk.

6. Not Professional Advice

The content on this site is provided for informational and/or entertainment purposes only, and should not be construed as advice. The content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.

7. Our Intellectual Property

Unless otherwise noted, all content on this site is subject to intellectual-property rights including copyrights and trademarks held or licensed by us, including, without limitation, the word and logo marks BRANDLAB and BLOG MEDIA and our Blog.com domain-name extensions. Neither these Terms of Use nor your use of this site transfer from us to you any intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us.

8. Your Intellectual Property

By adding, submitting or uploading content to this site or any blog on this site, you grant us 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, we will use reasonable efforts to remove it from the site, but you acknowledge that caching or references to the content may not be made immediately unavailable.

9. Submission of and Responses to Copyright/Intellectual Property Claims

For information on how to submit copyright or intellectual-property infringement claims or how to respond to such claims made against you, please see our Copyright/Intellectual Property Policy .

10. Security of Information

Although we may provide certain security in an effort to protect the electronic transmission of certain information that you submit to us through this site, we do not guarantee the security of any information transmitted to or from this site, including to or from any third-party websites linked to this site. Submission of any financial (e.g. credit card) or other information to this site or to any third-party websites linked to this site is entirely at your own risk and responsibility.

11. Privacy Policy

Registration data, if any, and other information submitted by you is subject to our Privacy Policy. By using this site, you consent to the collection and use of this information in accordance with our Privacy Policy.

12. Denial of Access

We, for any reason and at our sole discretion, may decide that any person shall be denied access to any part of this site. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access this site on issuance of a denial.

13. Modifications and Interruption to Service

We will in good faith endeavor to provide uninterrupted service to this site, but you acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to this site, and operation of this site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

14. Third Parties and Third-Party Sites

This site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible for your use of those sites. If a third party links to this site, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us or this site. We make no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and you acknowledge that any reliance on representations and warranties provided by any vendor or other third party shall be at your own risk.

15. Disclaimer of Warranties

This site is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of this site in terms of its correctness, accuracy, reliability, or otherwise. We shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this site. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THIS SITE AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS SITE. WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

16. Limitations of Liability

IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS SITE OR THE INFORMATION CONTAINED IN IT, OR THE INABILITY TO USE THIS SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

17. Governing Jurisdiction of the Courts of Tennessee

The site is operated and provided in the State of Tennessee. As such, we are subject to the laws of the State of Tennessee. Any legal issues arising from or related to your use of this site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee. The state and federal courts of Davidson County, Tennessee, shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Use or the use of or visit to this site. By using this site, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee, with respect to all such disputes. We make no representation that this site is appropriate, legal or available for use in other locations. Accordingly, if you choose to use this site, you agree to do so subject to the internal laws of the State of Tennessee.

18. Other Terms

If any provision of these Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us and you in relation to this site. Our failure to insist on or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The Privacy Policy and the Copyright/Intellectual Property Policy are a binding part of these Terms of Use, and together with these Terms of Use constitute the entire agreement between us and you with respect to your use of this site. Any cause of action you may have with respect to your use of this site or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.

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