Terms Of Service
1. ACCEPTANCE
Trustic, Inc. ("Bloglines") provides its service ("Service") to you, subject to the following Terms
of Service ("TOS").
The TOS tell you what you can expect from the Service, and what Bloglines expects of you. Bloglines may amend
the TOS at any time by posting an amended TOS on our website. The TOS may not be otherwise amended
except in a writing signed by you and Bloglines.
2. REGISTRATION OBLIGATIONS
You must register for a membership in order to access the Service. When completing the registration form, you
will provide true, accurate, and complete information, and maintain and promptly update this information. If you
provide any information that is untrue, inaccurate, or incomplete, or Bloglines has reasonable grounds to suspect
that the information is untrue, inaccurate, or incomplete, Bloglines has the right to suspend or terminate your
membership and access to the Service. You are responsible for obtaining access to the Service, which access
may involve third party fees (such as Internet service provider charges). In addition, you must provide and are
responsible for all equipment necessary to access the Service. You will receive a password and login name
upon completing the registration process. You are responsible for maintaining the confidentiality of your
password and login name, and are responsible for all activities that occur with your password and login name,
including fees incurred and all purchases made by your membership on the Service. This means that, unless
your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be
responsible for all fees incurred and purchases made by your membership. You will immediately notify Bloglines
of any unauthorized use of your membership or any other breach of security.
3. MEMBERSHIP, FEES
Individuals may obtain a membership with the Service without paying a fee. Companies will be required to pay
for a membership with the Service. In addition, Bloglines will charge fees to access certain components of the
Service. If you must pay a fee to access a component of the Service, this information will be posted by Bloglines
on the Service. You may use a credit card to pay these fees. When you provide credit card information to
Bloglines, you represent to Bloglines that you are the authorized user of the credit card. Some fees may be monthly.
For these recurring fees, Bloglines will charge your credit card each month. You must promptly notify Bloglines of
any changes to your credit card number, its expiration date, and your billing address, and you must promptly
notify Bloglines if your credit card expires or is canceled.
Bloglines reserves the right to change its fees or billing methods. If any change is unacceptable to you, you may
cancel your membership, but Bloglines will not refund any fees that may have accrued to your membership before
you cancel it. Bloglines may also charge you for any sales or use taxes to which the Service is subject.
4. SUBSCRIPTIONS
As a member of the Service you may submit URLs of news feeds. Bloglines does not pre-screen
news feeds, but Bloglines will have the right in their sole discretion to remove any feed that
violates the TOS. You understand that the content of each news feed is the
sole responsibility of the creator of the feed. Bloglines does not control
the news feeds and does not guarantee the accuracy, integrity, or quality of
the feeds.
5. DOWNLOADABLE SOFTWARE GUIDELINES
Bloglines, develops and distributes several downloadable software
applications, including browser plug-ins that appear as toolbars within
or attached to your Internet browser. Bloglines has posted guidelines
intended to provide you with a clear understanding of our practices and
principles related to all of our downloadable software programs:
6. PROHIBITED USES
You agree that you will not:
a. impersonate any person, including a Bloglines employee or agent on the Service;
b. violate any local, state, or national law through or on the Service;
c. harass people through or on the Service;
d. collect or store data about other people using the Service;
e. use any device, software or routine to interfere or attempt to interfere with the proper working of
the Service;
f. take any action that imposes an unreasonable or disproportionately large load on the
infrastructure of the Service;
g. use the Service in any manner other than as expressly authorized in the TOS;
h. use any robot, spider, other automatic device, or manual process to monitor or copy any
content on the Service; or
i. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of
the Service, use of the Service, or access to the Service.
7. OWNERSHIP AND RESTRICTIONS
The license granted in these TOS does not constitute a transfer or sale of Bloglines's ownership rights in the
Bloglines Database. Bloglines retains all right, title, and interest in and to the Bloglines Database including all related
intellectual property rights. You will use your best efforts to prevent and protect the contents of the Bloglines
Database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan,
distribute, transmit, or otherwise transfer any content of the service, including the Bloglines Database, or your
rights and obligations pursuant to the TOS. You must not copy, reproduce, alter, modify, create derivative
works, or publicly display any content of the Service, including the Bloglines Database, unless expressly
authorized in the TOS.
8. CHILDREN
Bloglines's policy is to prohibit children under the age of 13 from purchasing, accessing, registering, or using any
of Bloglines's products and services. You may not register or use the Service if you are under 13 years old. By
registering, installing, and accepting these TOS you represent to Bloglines that you are at least 13 years old.
9. BLOGLINES PRIVACY POLICY
Certain registration information and other information about you may be collected by Bloglines and through the
Service. Bloglines's use of this information is governed by the Bloglines Privacy Policy, available at:
10. USER WARRANTY
You represent and warrant to Bloglines: (a) that you have full power, authority, and legal capacity to enter into the
Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have
the authority to bind your principal or employer company; (b) you will provide complete and accurate information
to Bloglines, including, but not limited to your Recommendations; (c) the charges incurred by you will be honored
by your credit card company; and (d) you will pay all charges that you incur at Bloglines's then-current rates;
11. INDEMNITY
You will indemnify and hold Bloglines, and its subsidiaries, affiliates, officers, agents, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of
your use of the Service, your violation of the TOS, or your violation of any rights of a third party.
12. MODIFICATIONS TO SERVICE
Bloglines reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any
part of it with or without notice. Bloglines will not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Service.
13. TERMINATION You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with Bloglines. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of the TOS or Bloglines's enforcement or application of the TOS; (b) any policy or practice of Bloglines,
including the Privacy Policy, or Bloglines's enforcement or application of these policies; (c) the data available
through the Service; (d) your ability to access and use the Service; or (e) the amount or type of fees,
surcharges, applicable taxes, and any Bloglines billing methods. Bloglines, in its sole discretion, may terminate your membership and remove and discard any of your Recommendations without notice if Bloglines believes that you have violated or acted inconsistently with the TOS.
Bloglines will not be liable to you for termination of your membership to the Service. Sections 7, 8, 9, 11, 12, 13, 17, and 18 will survive the termination of the TOS and your membership.
14. LINKS
The Service may provide links to third party web sites. Bloglines has no control over these sites and is not
responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods,
or services available from these sites. Bloglines will not be responsible or liable, directly or indirectly, for any
damage or loss caused by or in connection with use of or reliance on any content, goods, or services available
through these sites.
15. DISCLAIMER OF WARRANTIES YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLOGLINES 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 RELATED TO
THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF
THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM BLOGLINES OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
STATE TO STATE.
16. LIMITATION OF LIABILITY
BLOGLINES WILL NOT BE LIABLE 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 BLOGLINES HAS BEEN ADVISED OF
THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO
CIRCUMSTANCES WILL BLOGLINES'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO
YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF
THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT,
OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO BLOGLINES IN
THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF
LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
17. TRADEMARK INFORMATION
Bloglines, the Bloglines logo, and other Bloglines logos, products and service names are trademarks of Bloglines. You
must not display or use them in any manner. The exception to is are the
Bloglines 'buttons' provided for links back to the Bloglines website, which
may be used on other web sites.
18. ARBITRATION
Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action
taken by Bloglines to collect fees or recover damages for, or obtain an injunction relating to, Bloglines's intellectual
property or the Service, will be settled by binding and final arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an
individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Santa Clara, California, and judgment on the arbitration award may be
entered into any court having jurisdiction. Either you or Bloglines may seek any interim or preliminary relief from a
court of competent jurisdiction in Santa Clara, California necessary to protect the rights or property of you or
Bloglines pending the completion of arbitration. Should either party file an action contrary to this provision, the
other party may recover attorney's fees and costs up to $1000.00.
19. GENERAL INFORMATION
Bloglines may provide notices to you pursuant to the TOS through email, regular mail, or by displaying
conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement
between you and Bloglines and governs your use of the Service, superseding any prior agreements between you
and Bloglines. You also may be subject to additional terms and conditions that may apply when you use other
Bloglines products or services. The TOS and the relationship between you and Bloglines will be governed by the
laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of
the state and federal courts located in Santa Clara, California. The failure of Bloglines to exercise or enforce any
right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is
found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of
action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim
or cause of action arose or be forever barred.
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