Please provide feedback. We have gone through and amended the TOS based on previous comments.

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BlogCatalog.com Terms of Use Agreement

July 27, 2007

BlogCatalog.com is a social networking service that allows Members to submit their blogs and create unique personal profiles online in order to find and communicate with other bloggers.

The services offered by BlogCatalog.com ("BlogCatalog.com" or "we") include the BlogCatalog.com website (the "BlogCatalog Website"), the BlogCatalog.com Discussion service, and any other features, content, or applications offered from time to time by BlogCatalog.com in connection with the BlogCatalog Website. The BlogCatalog Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the BlogCatalog Services.
By using the BlogCatalog Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the BlogCatalog Website) or you are a "Member" (which means that you have registered with BlogCatalog.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the BlogCatalog Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.

Read this Agreement carefully and save it. If you do not agree with it, you should leave the BlogCatalog Website and discontinue use of the BlogCatalog Services immediately. If you wish to become a Member, communicate with other Members and make use of the BlogCatalog Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes BlogCatalog.com's policy for acceptable use of the BlogCatalog Services and Content posted on the BlogCatalog Website, your rights, obligations and restrictions regarding your use of the BlogCatalog Services and BlogCatalog.com's Privacy Policy.

BlogCatalog.com may modify this Agreement from time to time and such modification shall be effective upon posting by BlogCatalog.com on the BlogCatalog Website. You agree to be bound to any changes to this Agreement when you use the BlogCatalog Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on BlogCatalog.com and that you provide to other Users.

Your BlogCatalog.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.

Despite this prohibition, information provided by other BlogCatalog.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BlogCatalog.com assumes no responsibility or liability for this material. If you become aware of misuse of the BlogCatalog Services by any person, please contact BlogCatalog and report the offense.
BlogCatalog.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the BlogCatalog Services at any time, for any or no reason, with or without prior notice, and without liability.

BlogCatalog expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of BlogCatalog Services if BlogCatalog determines, in its sole discretion, that you pose a threat to BlogCatalog and/or its Users.
1. Eligibility. Use of and Membership in the BlogCatalog Services is void where prohibited.

By using the BlogCatalog Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the BlogCatalog Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the BlogCatalog Services or are a Member. You may terminate your Membership at any time, for any reason. BlogCatalog.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3. Fees. You acknowledge that BlogCatalog.com reserves the right to charge for the BlogCatalog Services and to change its fees from time to time in its discretion. If BlogCatalog.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BlogCatalog.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Proprietary Rights in Content on BlogCatalog.com.

BlogCatalog 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 BlogCatalog the following non-exclusive electronic rights license(s), as out lined below::

a. With respect to Content you submit or make available for inclusion on your Personal Profile and Blog Listing pages, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content. This license exists only for as long as you elect to continue to include such Content on the BlogCatalog Service and will terminate at the time you remove yourself or BlogCatalog removes such Content from the Service.

b. With respect to content you submit or make available for inclusion on publicly accessible areas of the Service, other than your personal profile and blog listing page, the perpetual, irrevocable and license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works later developed.

6. Content Posted.

a. BlogCatalog.com may delete any Content that in the sole judgment of BlogCatalog.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.

BlogCatalog.com assumes no responsibility for monitoring the BlogCatalog Services for inappropriate Content or conduct. If at any time BlogCatalog.com chooses, in its sole discretion, to monitor the BlogCatalog Services, BlogCatalog.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

b. You are solely responsible for the Content that you post on or through any of the BlogCatalog Services, and any material or information that you transmit to other Members and for your interactions with other Users. BlogCatalog.com does not endorse and has no control over the Content. Content is not necessarily reviewed by BlogCatalog.com prior to posting and does not necessarily reflect the opinions or policies of BlogCatalog.com. BlogCatalog.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

7. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the BlogCatalog Services. BlogCatalog.com reserves the right to investigate and take appropriate legal action against anyone who, in BlogCatalog.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the BlogCatalog Services and terminating the Membership of such violators.

Prohibited Content includes, but is not limited to Content that, in the sole discretion of BlogCatalog.com:
a. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. exploits people in a sexual or violent manner;
d. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e. solicits personal information from anyone under 18;
f. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
g. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
h. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
i. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
j. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
k. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
l. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
The following is a partial list of the kind of activity that is illegal or prohibited on the BlogCatalog Website and through your use of the BlogCatalog Services. BlogCatalog.com reserves the right to investigate and take appropriate legal action against anyone who, in BlogCatalog.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
m. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
n. advertising to, or solicitation of, any Member to buy or sell any products or services through the BlogCatalog Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the BlogCatalog Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent
o. covering or obscuring the banner advertisements on your personal profile page, or any BlogCatalog.com page via HTML/CSS or any other means;
p. any automated use of the system, such as using scripts to add friends or send comments or messages;
q. interfering with, disrupting, or creating an undue burden on the BlogCatalog Services or the networks or services connected to the BlogCatalog Services;
r. attempting to impersonate another Member or person;
s. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
t. using any information obtained from the BlogCatalog Services in order to harass, abuse, or harm another person;
u. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the BlogCatalog Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
v. using the BlogCatalog Services in a manner inconsistent with any and all applicable laws and regulations.

8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BlogCatalog.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to BlogCatalog.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the BlogCatalog Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the BlogCatalog Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BlogCatalog.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: email: copyrightagent@BlogCatalog.com.
9. Member Disputes. You are solely responsible for your interactions with other BlogCatalog.com Members. BlogCatalog.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Disclaimers. BlogCatalog.com is not responsible for any incorrect or inaccurate Content posted on the BlogCatalog Website or in connection with the BlogCatalog Services, whether caused by Users of the BlogCatalog Services or by any of the equipment or programming associated with or utilized in the BlogCatalog Services. Profiles an discussions created and posted by Members on the BlogCatalog Website may contain links to other websites. BlogCatalog.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BlogCatalog.com. Inclusion of any linked website on the BlogCatalog Services does not imply approval or endorsement of the linked website by BlogCatalog.com. When you access these third-party sites, you do so at your own risk. B
11. Disputes. If there is any dispute about or involving the BlogCatalog Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of San Antonio. Either BlogCatalog.com or you may demand that any dispute between BlogCatalog.com and you about or involving the BlogCatalog Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Antonio, Texas, USA, provided that the foregoing shall not prevent BlogCatalog.com from seeking injunctive relief in a court of competent jurisdiction.
12. Other. This Agreement is accepted upon your use of the BlogCatalog Website or any of the BlogCatalog Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BlogCatalog.com regarding the use of the BlogCatalog Services. The failure of BlogCatalog.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact BlogCatalog with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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