Welcome to Atlblogs (the "Service"), a website maintained by Terrablogs (the "Proprietor"). Your use of the Service is subject to these Terms of Service ("TOS"). DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS. The Proprietor reserves the right, in our sole discretion, to modify, alter or otherwise update these TOS at any time without notice. Such modifications, alterations, and updates are effective immediately upon posting. You agree to be bound by such modified, altered, and updated TOS if you access or use the Web Site after we have posted notice of such modifications, alterations or updates.
1. Introduction. This agreement ("Agreement") between You and the Proprietor consists of these Terms of Service. "You" means any person or entity who uses the Service and/or posts Content to the Service. By using the Service and/or posting Content you agree to be bound by the terms and condition of this Terms of Service.
2. Privacy Policy. By using this Service, you agree, without limitation or qualification, to be bound by this Privacy Policy: You have no guarantee of privacy.
a. Information we collect. The Proprietor may automatically track and collect your IP address, domain server, the type of web browser and computer operating system you are using, and may use web beacons and cookies to: (i) understand the frequency with which you visit our web sites, (ii) track and understand the manner in which you are using our web sites, (iii) customize content to enhance your visit and the services we provide on our web sites, (iv) offer you targeted messages, advertisements and offers; (v) send you targeted emails if you have provided us with your email address, and (vi) if you have registered for with one of our sites, to tailor your personal preferences.
b. Your information. The Proprietor does not secure your information. You are responsible for protecting any passwords or other sensitive information and for any authorised or unauthorised use of the Service. All actions resulting from your passwords being compromised will remain your sole responsibility.
3. User Conduct and Content. You understand that all information, data, text, comments, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Proprietor are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
c. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
d. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; harm minors in any way;
e. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
f. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
g. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
h. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
i. collect or store personal data about other users.
You acknowledge that the Proprietor may or may not pre-screen Content, but that the Proprietor and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, the Proprietor and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Proprietor or submitted to the Service, including without limitation information in comments, and in all other parts of the Service.
4. Disclosure of Content and Personal Information. You acknowledge, consent and agree that the Proprietor may access, preserve, and disclose your Content and any personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Proprietor, the users of the Service and the public.
5. No Control over Content. The Proprietor does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Proprietor be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
6. Information Rights. The Proprietor 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 the Service, including without limitation comments you post to the Service, you grant the Proprietor world-wide, royalty free, non-exclusive, 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 in any format or medium now known or later developed excusively for the purposes of promoting either your blog or the Proprieter's hosting services on the Proprieter's Internet properties, or as needed for technical support issues. This license will be terminated at the time your blog site is terminated.
7. Indemnity. You agree to indemnify and hold the Proprietor, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. Links to Third Party Sites. The Web Site may contain links to third party web sites not under the Proprieter's control or operation. The links will let you leave the Web Site, and you access them at your own risk. If you choose to leave the Web Site via links to other sites not owned by the Proprieter, including those of advertisers, the Proprieter is not responsible for the privacy policies or terms of use of those sites or the "cookies" those sites use. In addition, because the Proprieter has no control over such sites and resources, you acknowledge and agree that the Proprieter is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROPRIETOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. THE PROPRIETOR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PROPRIETOR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
10. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROPRIETOR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROPRIETOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
11. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 9 MAY NOT APPLY TO YOU.
12. Modifications to Service. The Proprietor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Proprietor shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. Miscellaneous. This Agreement shall be governed by the laws of Tennessee except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Hamilton County, Tennessee. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to the Proprietor Notwithstanding the foregoing, the Proprietor may assign this Agreement at any time without notice. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Version 1.0.0
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