When purchasing a subscription and access to the application and services at www.blogcatalog.com (collectively “subscription”) you agree that the purchase is subject to the terms of this Subscription Use License (the “Agreement”).
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Content Ecommerce Network, LLC, (HEREINAFTER REFERRED TO AS “US”, “WE”, OR “OUR”). READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU PURCHASE A LICENSE FOR ANY SUBSCRIPTION.
BY PURCHASING AND USING THE SUBSCRIPTION YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. License Grant. When you purchase a subscription, while that subscription is in effect, we grant to you a non-exclusive, non-transferable, non-sub licensable, worldwide and license to use the Subscription in compliance with the terms of this Agreement.
2. Use. Subject to the restrictions set forth elsewhere in this Agreement, you may use the Subscription only in accordance with the following permitted uses:
You may use the Subscription in combination with your own work to create content for your own marketing purposes or your own clients. This includes the right to change the design elements of the product, insert pictures or text, and other changes as deemed necessary by you to create works for your use. Using the Subscription for your own use includes the right to use the Subscription to create derivative works to use in advertising, promotional materials, print publications, emails and on websites.
You may allow your subcontractors or other service providers to edit and use the Subscription provided, however, that such subcontractors and service providers use the Subscription solely for your benefit and such use is otherwise in keeping with the terms of this Agreement.
The only rights granted to you in the Subscription are the rights to use the Subscription in accordance with this Agreement. All rights not expressly granted to you in this Agreement are specifically reserved to us.
3. Restrictions. Your rights to use Subscription is limited in the following manner, in addition to any other restrictions provided in this Agreement or by law:
You may not use the Subscription, in whole or in part, in the development of any competing subscriptions or services to be provided to third parties.
You may not falsely represent that you are the original creator of the products displayed for marketing purposes.
You may use the images contained in the Subscription only in connection with the Subscriptions and for no other purpose. For example, you may not remove an image from the Subscription and use only that image in promotional or other materials.
Pornographic, defamatory or otherwise unlawful use of Subscription is strictly prohibited. All use of the Subscription must comply with all laws, rules and regulations.
4. Copyright. We retain ownership in and to all Subscription services. You may not copy, modify, sell or distribute all or any part of any Subscription except as expressly authorized in this Agreement. The Subscriptions are protected by United States copyright law and international treaty. Unauthorized use, modification, sale or distribution is subject to civil and criminal penalties. Use of a Subscription in a manner not specifically authorized by this Agreement constitutes an infringement of our proprietary rights and those of our third party licensors and will subject you to an infringement claim.
5. Warranty. Subscriptions are licensed as-is without any warranty of any kind. Prior to using the Subscription, you must satisfy yourself that all of the necessary rights or consents, as may be required for your use of the Subscription, are obtained. EXCEPT AS OTHERWISE SET FORTH HEREIN, THE FOREGOING WARRANTIES ARE THE ONLY WARRANTIES WITH RESPECT TO THE SUBSCRIPTION. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
6. License Not Assignable. The license granted hereunder may not be assigned without our written consent.
7. Indemnification. You agree to indemnify and hold us, our third party licensors, and our respective employees, directors, officers, affiliates and representatives harmless against any claim by any third party for damages, losses or any costs, including attorneys’ fees, arising in any manner whatsoever from the use of any Subscription or portion thereof. You agree to indemnify and hold us, our third party licensors, and our respective employees, directors, officers, affiliates and representatives harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising out of your breach of any term of this Agreement.
8. Limitation of Liability and Venue. YOU SPECIFICALLY AGREE THAT OUR LIABILITY FOR ANY CLAIM, REGADLESS OF THE CAUSE OF ACTION, FOR ANY DAMAGES CLAIMED IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU AND RECEIVED BY US FOR THE SUBSCRIPTIONS THAT ARE THE SUBJECT OF THE CLAIM. IN NO EVENT SHALL WE BE HELD LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST BUSINESS OR LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO CLAIM SHALL BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION FOR SUCH CLAIM AROSE.
Any action brought under this Agreement shall only be brought before a court of competent jurisdiction in the county of King, state of Washington