Terms of Use more
TERMS OF USE This page states the "Terms and Conditions" under which you may use
blobn Please read this page carefully. If you do not accept the Terms
and Conditions stated here, do not use this web site and service. By using this web site,
you are indicating your acceptance to be bound by the terms of these Terms and Conditions.
blobn, (the "Company") may revise these Terms and
Conditions at any time by updating this posting. You should visit this page periodically
to review the Terms and Conditions, because they are binding on you. The terms
"You" and "User" as used herein refer to all individuals and/or
entities accessing this web site for any reason.
Use of Material. more
Use of Material. The Company authorizes you to view and download a single copy of the material on
blobn (the "Web Site") solely for your personal, noncommercial
use, accept as where otherwise specifically authorized.
The contents of this Web Site, such as text, graphics, images, logos, button icons,
software and other "Material", are protected under both United States and
foreign copyright, trademark and other laws. All Material is the property of the Company
or its content suppliers or clients. The compilation (meaning the collection, arrangement
and assembly) of all content on this Web Site is the exclusive property of the Company and
protected by U.S. and international copyright laws. Unauthorized use of the Material may
violate copyright, trademark, and other laws. You must retain all copyright, trademark,
service-mark and other proprietary notices contained in the original Material on any copy
you make of the Material. You may not sell or modify the Material or reproduce, display,
publicly perform, distribute, or otherwise use the Material in any way for any public or
commercial purpose, accept as where otherwise specifically authorized. The use of the Material on any other web site or in a networked
computer environment for any purpose is prohibited, accept as where otherwise specifically authorized.
Acceptable Site Use. more
Acceptable Site Use. General Rules: Users may not use the Web Site in order to transmit, distribute, store or
destroy material (a) in violation of any applicable law or regulation, (b) in a manner
that will infringe the copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal rights of others, or
(c) that is defamatory, obscene, threatening, abusive or hateful.
Web Site Security Rules. Users are prohibited from violating or attempting to violate the
security of the Web Site, including, without limitation, (a) accessing data not intended
for such user or logging into a server or account which the user is not authorized to
access, (b) attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization, (c) attempting
to interfere with service to any user, host or network, including, without limitation, via
means of submitting a virus to the Web Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing", (d) sending
unsolicited e-mail, including promotions and/or advertising of products or services, or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail
or newsgroup posting. Violations of system or network security may result in civil or
criminal liability. The Company will investigate occurrences which may involve such
violations and may involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
Specific Prohibited Uses. more
Specific Prohibited Uses.The Web Site may be used only for lawful purposes .
The Company specifically prohibits any use of the Web Site, and all users
agree not to use the Web Site, for any of the following:
- Posting any incomplete, false or inaccurate
biographical information or information which is not your own.
- Deleting or revising any material posted by any other person or entity.
- Using any device, software or routine to interfere or attempt to interfere
with the proper working of this Web Site or any activity being conducted on
this site.
- Taking any action which imposes an unreasonable or disproportionately
large load on this Web Site's infrastructure.
- If you have a password allowing access to a non-public area of this Web
Site, disclosing to or sharing your password with any third parties or using
your password for any unauthorized purpose.
- Notwithstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search this Web Site other than the search
engine and search agents available from the Company on this Web Site and other
than generally available third party web browsers (e.g., Firefox,
Microsoft Explorer).
- Attempting to decipher, decompile, disassemble or reverse engineer any of
the software comprising or in any way making up a part of the Web Site.
User Submissions. more
User Submissions. As a user, you are responsible for your own communications and are responsible for the
consequences of their posting. You must not, and by using this Web Site you agree not to,
do the following things: post material that is copyrighted, unless you are the copyright
owner or have the permission of the copyright owner to post it; post material that reveals
trade secrets, unless you own them or have the permission of the owner; post material that
infringes on any other intellectual property rights of others or on the privacy or
publicity rights of others; post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another user or any other person or
entity; post a sexually-explicit image or statement; post advertisements or solicitations
of business, post chain letters or pyramid schemes; impersonate another person; or post
material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other
computer programming routines or engines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of
communications posted by users or endorse any opinions expressed by users. You acknowledge
that any reliance on material posted by other users will be at your own risk.
The Company acts as a passive conduit for the online distribution and publication of
user-submitted information and has no obligation to screen communications or information
in advance and is not responsible for screening or monitoring material posted by users. If
notified by a user of communications which allegedly do not conform to these Terms and
Conditions, the Company may investigate the allegation and determine in good faith and its
sole discretion whether to remove or request the removal of the communication. The Company
has no liability or responsibility to users for performance or nonperformance of such
activities. The Company reserves the right to expel users and prevent their further access
to the Web Site for violating the Terms and Conditions or the law and the right to remove
communications which are abusive, illegal, or disruptive. The Company may take any action
with respect to user-submitted information that it deems necessary or appropriate in its
sole discretion if it believes it may create liability for the Company or may cause the
Company to lose (in whole or in part) the services of its ISPs or other suppliers.
Use of Interactive Areas. more
Use of Interactive Areas.Company may provide interactive forums, chat rooms, news groups, bulletin boards and other
interactive areas ("Interactive Areas") on the Site. If you use any of the
Interactive Areas, you are solely responsible for your own communications and the
consequences of posting those communications. Company does not assume any responsibility
for the truthfulness, accuracy or reliability of any material posted on any Interactive
Area, or of consequences of any Interactive Area communications on or arising from use of
the Site. In cases where you feel threatened or believe someone else is in danger, you
should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Interactive Areas, you agree that the
following actions shall constitute a material breach of these Conditions:
- Using an Interactive Area for any purpose in
violation of local, state, national, or international laws;
- Posting material that infringes on the
intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or
any other person or entity as determined by Company at its sole discretion;
- Posting advertisements or solicitations of
business;
- After receiving a warning, continuing to disrupt
the normal flow of dialogue, or post comments that are not related to the topic being
discussed (unless it is clear the discussion is free form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Allowing any other person or entity to use your
identification to post or view comments;
- Posting the same note more than once (i.e.,
"spamming"); or
- Engaging in any other conduct that restricts or
inhibits any other person from using or enjoying the Interactive Areas, or which, in the
judgment of Company, exposes Company or any of its customers or suppliers to any liability
or detriment of any type.
Company reserves the right to record the dialogue in messages. Company does not
screen communications in advance and is not responsible for screening or monitoring
material posted by Users, or any other person or entity. If notified by a User of
communication(s) which are alleged not to conform to the terms of this Section, Company
may investigate the allegation and determine in its sole discretion to remove or request
the removal of the communication(s). Company reserves the right (but has no obligation) to
remove or edit communications which are abusive, illegal, disruptive, or that otherwise
fail to conform with these Conditions. In addition to the removal rights described above,
Company reserves the right to terminate a User's access to any or all Interactive Area at
any time, without or without notice, in the exercise of its sole discretion.
Furthermore, Company reserves the right (but is not obligated) to monitor, edit, or
disclose any type of posting on the Interactive Areas for adherence to the Conditions, if
required in the course of normal operation and maintenance of Company, or if required to
do so by law or in the good-faith belief that such action is necessary to: (i) comply with
the law or comply with legal process served; (ii) protect and defend the rights of Company
or others; or (iii) act in an emergency to protect the personal safety of our guests or
the public. COMPANY HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR
ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
Registration and Password. more
Registration and Password. You are responsible for maintaining the confidentiality of your information and password.
You shall be responsible for all uses of your registration, whether or not authorized by
you. You agree to immediately notify the Company of any unauthorized use of your
registration or password. Further, if someone gains access to your Username and Password, they will have the ability to delete all of your information and stored files.
The Company's Liability. more
The Company's Liability.blobn is only a venue. This Web Site acts as a venue for businesses and individuals
interested in blobn. As a result, the Company has
no control over the quality, accuracy or legality of the information posted. In addition,
note that there are risks, including but not limited to the risk of physical harm,
of dealing with strangers, foreign nationals, underage persons or people acting under
false pretenses. You assume all risks associated with dealing with other users with whom
you come in contact through the Web Site. The Company strongly encourages you to verify
the accuracy of the information posted through State and Federal regulatory agencies,
or accrediting bodies BEFORE making contact with any individuals or businesses listed on
this site.
Because user
authentication on the Internet is difficult, blobn cannot and
does not confirm that each user is who they claim to be. Because we do not and
cannot be involved in user-to-user dealings or control the behavior of
participants on blobn, in the event that you have a dispute
with one or more users, you release the Company (and our agents and employees)
from claims, demands and damages (actual and consequential, direct and indirect)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such
disputes.
We are under no legal obligation to, and generally do not, control the information
provided by other users which is made available through the Web Site. By its very nature,
other people's information may be offensive, harmful or inaccurate, and in some cases will
be mislabeled or deceptively labeled. We expect that you will use caution and common sense
when using this Web Site.
The Material may contain inaccuracies or typographical errors. The Company makes no
representations about the accuracy, reliability, completeness, or timeliness of the Web
Site or the Material. The use of the Web Site and the Material is AT YOUR OWN RISK.
Changes are periodically made to the Web Site and may be made at any time.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB
SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE
OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH blobn SITE, INFORMATION WILL BE
TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND
THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY
LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND
OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF COMPANY AND ITS SUPPLIERS.
ACCORDINGLY, COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE,
INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH
USE OF THE SITE.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS
FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE,
TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages. more
Disclaimer of Consequential Damages.IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB
SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability. more
Limitation of Liability.The aggregate liability for the Company to you for all claims arising from the use of the
Materials is limited to $1.00 (one dollar).
Termination. more
Termination. The Company reserves the right, at its sole discretion, to pursue all of its legal
remedies, including but not limited to deletion of your postings from this Web Site and
immediate termination of your registration with or ability to access the Web Site and/or
any other service provided to you by the Company, upon any breach by you of these Terms
and Conditions or if the Company is unable to verify or authenticate any information you
submit to the Web Site registration with or ability to access the Web Site.
Either you or Company may terminate your right to use the Site at any time, with or
without cause, and with or without notice. Company also reserves the right to terminate or
suspend your use without prior notice. Other than your right to access, download and print
certain information, these Conditions will survive any termination or expiration of your
right to access the Site and will continue thereafter.
Indemnity. more
Indemnity.You agree to defend, indemnify, and hold harmless the Company, its officers, directors,
employees and agents, from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from your use of
the Material or your breach of the terms of these Terms and Conditions. The Company shall
provide notice to you promptly of any such claim, suit, or proceeding and shall assist
you, at your expense, in defending any such claim, suit or proceeding.
General. more
General. The Company makes no claims that the Materials may be lawfully viewed or downloaded
outside of the United States. Access to the Materials may not be legal by certain persons
or in certain countries. If you access the Web Site from outside of the United States, you
do so at your own risk and are responsible for compliance with the laws of your
jurisdiction. These Terms and conditions are governed by the internal substantive laws of
the State of California, without respect to its conflict of laws principles. Jurisdiction
for any claims arising under this agreement shall lie exclusively with the state or
federal courts within Los Angeles, California. If any provision of these Terms and
Conditions are found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining provisions of
these Terms and Conditions, which shall remain in full force and effect. No waiver of any
term of these Terms and Conditions shall be deemed a further or continuing waiver of such
term or any other term. Except as expressly provided in additional terms of use for areas
of the Web Site a particular "Legal Notice," or Software License or material on
particular Web pages, these Terms and Conditions constitute the entire agreement between
you and the Company with respect to the use of Web Site. No changes to these Terms and
Conditions shall be made except by a revised posting on this page.
Additional Terms of Use. more
Additional Terms of Use.Certain areas of this Web Site are subject to additional terms of use. By using such
areas, or any part thereof, you agree to be bound by the additional terms of use
applicable to such areas.
Copyright, Trademark, and Patent Information more
COPYRIGHT, TRADEMARK, AND PATENT INFORMATIONCOMPANY retains all copyrights in all images in all text and in all computer code on this site. Please make sure that that you seek proper permission to use the content on the site.
blobn and other COMPANY logos and product and service names are trademarks of COMPANY . Without
COMPANY's prior permission, you agree not to display or use in any manner accept as otherwise provided herein, the COMPANY
Marks. The marks of COMPANY are as follows:
- blobn ™
- blobn.com ™
- your cloud, any device, anytime ™
- your files, any device, anytime ™
- blobn ℠
- blobn.com ℠
- your cloud, any device, anytime ℠
- your files, any device, anytime ℠
Your Agreement more
Your AgreementIf you do not agree to the terms of this Agreement or any revised Agreement, please exit the site immediately.
Revised Aug. 2011
|
