Effective Date: April 15, 2018
1. ABOUT THESE TERMS OF SERVICE
2. ABOUT BLOGATOM
We are BlogAtom, Inc. (“BlogAtom”, “us”, “we” or “our”), a corporation registered under the laws of the province of Alberta in the Canada with our principal office address at Suite 195, 370, 5222-130th Ave. SE, Calgary, AB T2Z 0G4, Canada.
3. WHAT IS BLOGATOM
BlogAtom is a tool which allows Users to submit, find, organize and read externally hosted blogs (“External Websites”) and their posts. By External Websites, we mean any website, service or application that is presented via BlogAtom’s Services but is not owned or operated by BlogAtom.
4. THE SERVICES WE PROVIDE
We provide users (“you”, “your” or “User(s)”) with services, delivered via the BlogAtom website (“site”, “website”) (currently located at https://blogatom.com), future mobile applications and/or any other platform or media through which we make such services available from time to time, that allow you to read blogs that you are already interested in, as well as find new blogs that may be of interest to you, and receive recommendations of blogs from BlogAtom (collectively, the “Services”). All Users must have registered and created an account with BlogAtom and have a “BlogAtom Profile” in order to use our Services.
5. CHANGES TO THESE TERMS OF SERVICE
BlogAtom reserves the right to change this Terms of Service from time to time. We will usually inform you of any changes by posting the updated Terms of Service on the BlogAtom website. If we make any material changes to our Terms of Service, we will post a notification on the BlogAtom website and notify you via email and/or by asking you to review the changes to the Terms of Service the next time you login to access the Services. Your continued use of the Services after the changes are communicated as set forth in this section will indicate your consent to our use of your information consistent with this Terms of Service, including those changes.
6. OTHER TERMS THAT MAY APPLY
If you sign up for additional services from BlogAtom, those additional services may be governed by terms associated with those services, which will apply to you in addition to these Terms of Service. If there is a conflict between these Terms of Service and terms and conditions for such additional services, the latter shall take precedence with respect to the additional services.
7. YOUR BLOGATOM ACCOUNT & PROFILE
By becoming a User and using the Services you represent and warrant that: (a) all required registration information you submit as part of the BlogAtom registration process is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your BlogAtom Profile may be deleted without warning if we have reason to believe that you do not meet these eligibility requirements. Parental control protections for computers and mobile devices are commercially available that may assist you in limiting access to material that is harmful to minors.
b. YOUR PASSWORD
When you sign up to become a BlogAtom User, you will be asked to choose a username and a secure password for your BlogAtom Profile. You are entirely responsible for maintaining the confidentiality of your password and all use of your BlogAtom Profile. You agree not to attempt to use a similar BlogAtom Profile, username, or password of another User in a way that violates these terms. You agree to notify us immediately if you suspect any unauthorized use of your BlogAtom Profile or access to your password.
You may not have more than one BlogAtom Profile unless expressly authorized in writing by BlogAtom. Multiple BlogAtom accounts held by the same individual may be subject to deletion by BlogAtom. Accounts may not be created or used with the primary intention to promote a product or service unless expressly authorized in writing by BlogAtom, and any such accounts may be subject to deletion by BlogAtom.
These Terms of Service shall remain in full force and effect while you use the Services. You may delete your BlogAtom Profile and end your account at any time. We may restrict, deactivate or terminate your account at any time and for any reason.
e. EFFECTS OF TERMINATION
You understand that termination of these Terms of Service and your BlogAtom Profile may involve deletion of your BlogAtom Profile information from our live databases without the ability to reactivate or restore features of the account, but that our servers may maintain such information for archival or legal purposes. We will not have any liability whatsoever to you for any restriction or termination of your BlogAtom Profile or related deletion (or retention, as stated above) of your information.
f. PERMITTED USE OF SERVICES
BlogAtom makes no guarantee of traffic to any particular website. You may not modify, reproduce, distribute, publish, license, create derivative works from or sell any information or software associated with the Services. Furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or that could interfere with any other party’s use and enjoyment of the Services. You may not use any third-party APIs, software, tools or scripts to access the website or the underlying technology, unless expressly authorized in writing by BlogAtom, or as permitted in any other agreement you enter into with BlogAtom.
8. INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that BlogAtom owns all right, title and interest in and to the Services, including without limitation, all underlying software and technology and all Intellectual Property Rights in relation to the Services, other than as described in Sections 10(b) and (c) of these Terms of Service. “Intellectual Property Rights” means any and all intellectual property rights existing from time to time in any part of the world under applicable law, including without limitation applicable patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all applications, renewals, extensions and restorations of such rights, now or hereafter in effect worldwide. BlogAtom grants you the personal, non-exclusive, revocable, non-transferable right to use the software and technology that is provided to you as part of the Services for the sole purpose of your use of the Services to the extent permitted under these Terms of Service.
9. COPYRIGHT POLICY
We reserve the right to remove Content alleged to be infringing in our sole discretion and without notice. It is our policy to terminate membership privileges of any BlogAtom Member who repeatedly is accused of infringing copyrights.
The Services contain different types of Content: BlogAtom Content, Third Party Content and User Content. “Content” means any and all postings, emails, messages, recommendations, comments, text, files, images, photos, video, sounds, works of authorship, feedback, bug reports, or other materials. Each type of Content that you encounter has different rules and restrictions, as set forth below:
a. BLOGATOM CONTENT AND OWNERSHIP
As between BlogAtom and you, BlogAtom owns or controls all right, title and interest in the Services and in the Content that it has placed on and within the Services, including its logos, trademarks and all other Intellectual Property Rights it controls (“BlogAtom Content”).
b. THIRD-PARTY CONTENT
Content from other Users, advertisers and other third parties may be made available to you through the Services as you interact with BlogAtom as part of the Services (“Third Party Content”). We do not filter or otherwise exercise control over such Third Party Content. Accordingly, you agree that we are not responsible for any such Third Party Content, including advertising and/or information about third-party products or services. We make no guarantees about the accuracy, currency, suitability, quality or legality of the information in such Third Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Third Party Content. BlogAtom is not responsible for Third Party Content that contains or delivers viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware, or other harmful content or code. Rather, you are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies.
c. USER CONTENT
We do not claim ownership in any Content that you post on, deliver to, or otherwise make available to the Services, through your BlogAtom Profile, your comments, or other features of the Services that may allow you to post your own Content (“User Content”). By posting User Content, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute your User Content in any and all media or distribution method (now known or later developed) throughout the world. The licenses granted under this Section will survive the termination or expiration of these Terms of Service for any reason. You are solely responsible for any and all User Content that you post on the Services and for your interactions with other Users. You should only post User Content to the Services that you own and that you are comfortable sharing with others under the terms and conditions set forth herein. Other Users of the Service will be able to view any Content you post to the Services. You represent and warrant that: (i) you own the User Content posted by you on the Service or otherwise have the right to grant the licenses set forth in these Terms of Service, and (ii) your User Content and the use of it by BlogAtom as permitted by the license granted in these Terms of Service does not violate the privacy rights, publicity rights, Intellectual Property Rights, or other rights of any person.
d. CONTENT RESTRICTIONS
Except for that Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under these Terms of Service, you agree not to (i) modify, copy, publish, display, transmit, distribute, perform, sell or create derivative works based on the Content and Services; (ii) rent, lease, loan or sell access to the Services; or (iii) decompile, reverse engineer or copy any Content (other than the Content you post) or the Services. You also agree to not remove, obscure or alter BlogAtom’s copyright notice, logos, trademarks or other proprietary rights notices affixed to or contained within the Services. You will not interfere with, disrupt or create an undue burden on the Services or the networks or services connected to the Services.
e. PROHIBITED CONTENT
You agree that you will not post and that you will not recommend through the Services any Prohibited Content. “Prohibited Content” includes, without limitation, Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing or “spamming”; (iv) is false, misleading, libelous, defamatory or promotes, endorses or furthers illegal activities; (v) infringes the Intellectual Property Rights of another person; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under thirteen (13); (vii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware or other harmful content or code; or (viii) otherwise violates applicable law, the terms of these Terms of Service or potentially creates liability for BlogAtom. Any accounts posting, hosting or recommending Prohibited Content are subject to termination. We reserve the right to remove Content (including websites) that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. We also reserve the right to remove Content that we determine in our sole discretion is primarily intended to promote a product or service. We have the right (but not the obligation) to investigate or review any Content (including websites) and delete (or modify) any Content that in our sole judgment violates these Terms of Service or which is Prohibited Content, or may otherwise violate the rights, harm or threaten the safety of any User or any other person, or create potential liability for us or any User.
11. YOUR BREACH OF THESE TERMS OF SERVICE
Any breach by you of these Terms of Service may result in, among other things, termination or suspension of your rights to use the Services and deletion of your BlogAtom Profile.
12. LEGAL OBLIGATIONS
In order to cooperate with legitimate governmental or regulator requests, subpoenas or court orders, to protect our systems and Users, to protect the property and rights of BlogAtom or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, BlogAtom Profile information (i.e. name, email address, etc.), IP address, traffic information, usage history and posted Content.
13. DISCLAIMER OF WARRANTIES
The Services are provided “as is” and on an “as available” basis, with no warranties whatsoever. BlogAtom expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and noninfringement of proprietary rights. BlogAtom disclaims any warranties regarding the security, reliability, timeliness, availability, quality and performance of the Content and the Services. BlogAtom disclaims any responsibility for any harm resulting from your viewing of the Content and use of the Services. You understand and agree that you view the Content and use the Services at your own discretion and risk and that you will be solely responsible for any injury to you, damages to your computer system or loss of data that results from your viewing of the Content and use of the Services. Some provinces or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
14. LIMITATION OF LIABILITY
Under no circumstances shall BlogAtom be liable to any User on account of that User’s use or misuse of the Content or the Services. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if BlogAtom has been advised of the possibility of such damages). This limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Content or Services, from inability to use the Content or Services, or from the interruption, suspension, or termination of the Content or Services (including such damages incurred by third parties). Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
You hereby release us, our officers, employees, investors, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death and property damage, that is either directly or indirectly related to or arises from (i) any interaction you have with other Users, or (ii) your participation in any of our offline events.
You agree to defend, indemnify and hold BlogAtom, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Content or Services or your violation of these Terms of Service.
Your interaction with other Users on the Services or with advertisers or other third parties, including any payment or delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, advertiser or third party. You agree that BlogAtom will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of your personal information that you make available to them. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved and you agree not to involve us unless we request otherwise in writing; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
18. THIRD PARTY SERVICES
The Services may contain links to third party websites, applications and/or services (“Third Party Services”) (i) placed by us as a service to those interested in this information; or (ii) posted by other Users. You use all such links to Third Party Services at your own risk. To the extent such links are provided by us, they are provided only as a convenience and such links to Third Party Services do not imply our endorsement, adoption or sponsorship of or affiliation with such Third Party Service. We accept no responsibility for reviewing changes or updates to or the quality, content, policies, nature or reliability of Third Party Services or links from those third parties back to the Services. You should review applicable terms and policies, including privacy and data gathering practices, for any Third Party Services and should make whatever investigation you feel necessary or appropriate and choose appropriate settings for sharing your personal information before proceeding with any interaction with a Third Party Service.
19. INITIAL RESOLUTION OF QUESTIONS OR DISPUTES
If you have any questions or concerns about the Services or these Terms of Services, we strongly encourage you to first contact us directly by going to the “Contact Us” page located here.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
21. LAW AND JURISDICTION
These Terms of Service shall be governed in all respects by the laws of the Province of Alberta without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against BlogAtom must be resolved by a court located in Calgary, Alberta, except as otherwise agreed by the parties or as in the arbitration option. You agree to submit to the personal jurisdiction of the courts located within Calgary, Alberta for the purpose of litigating all such claims or disputes.
22. THE BASIS ON WHICH WE MAKE THE SERVICES AVAILABLE TO YOU
BlogAtom reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services at any time and without prior notice. BlogAtom may restrict, deactivate or terminate your access to the Services or your BlogAtom Profile for any reason.
23. MISCELLANEOUS PROVISIONS
If for any reason a court of competent jurisdiction finds any provision or portion of this Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The provisions of these Terms of Service that by their nature are continuing will survive any termination. This Terms of Service constitutes the entire agreement between the parties with respect to the subject matter and supersedes and replaces all prior or contemporaneous communications or agreements, written or oral. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by BlogAtom.