This is a legal agreement between you and Shaycom Corporation ("Shaycom")
regarding Shaycom's web site, including any successor website ("Blogit")
located at http://www.blogit.com (the "Web
Site"). Shaycom provides various online services including Blogit, forums and
chat boards (the "Service"). In order to use the Service in any way, you
must first accept without modification all of the terms, conditions, and notices
contained in these Terms and Conditions of Use. If you do not accept these Terms
and Conditions of Use in their entirety, you may not access or use the Service.
Portions of the Service may be governed by posted guidelines, rules, or other terms
and conditions. All such guidelines, rules, terms and conditions are hereby incorporated
by reference into these Terms and Conditions of Use. In the event of a conflict
between such other guidelines, rules, terms and conditions and these Terms and Conditions
of Use, the Terms and Conditions of Use shall control, except that the Blogit Privacy
Policy, referenced below, supersedes any conflicting language with respect to the
Except as otherwise set forth herein, Shaycom reserves the right, at its sole
discretion, to change, modify or otherwise alter the terms, conditions, and notices
under which the Service is offered at any time. Changes to these terms and conditions
are effective immediately upon the posting thereof. Shaycom will provide you (at
your email address on record with us) or by placing a prominent notice on its site
are responsible for regularly reviewing all of the terms, conditions and notices
related to the Service. Continued use of the Service after any such change shall
constitute your consent to such change. Unless explicitly stated otherwise, any
new changes or improvements to the Service shall be subject to the Terms and Conditions
of Use, as modified or amended from time to time.
All postings, messages, text, files, images, photos, video, sound, or other materials
("Content") posted on, transmitted through, or linked from the Service,
are the sole responsibility of you as the originator of such Content. You will retain
ownership over your Content, copyright and any other rights you already hold in
such Content. By posting Content to Blogit, you automatically grant, and you represent
and warrant that you have the right to grant, to Shaycom an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license(s), as applicable:
We may charge a fee to post Content and use certain areas of the Service. You shall
be financially responsible for your use of the Services at the then-current payment
terms. Current fees for use of the Service and payment terms are set forth at http://www.blogit.com/Blogs/Help/HelpPage.aspx?page=billing.
Shaycom reserves the right to modify its fees and payment terms at any time by providing
at least fourteen days' notice of the changes by posting the changes on the news
page. Your continued use of the Service shall be considered acceptance
of the modified terms. If you agree to pay using a credit card, a PayPal account
or any other method of acceptable online payment, you shall provide to Shaycom all
information necessary in order for Shaycom to accept payment via the Web Site using
such payment method. You agree to indemnify and hold harmless Shaycom from all losses
and damages arising from or related to payment of fees via the Web Site. You will
be responsible for payment of any sales, use, or other taxes arising from this Agreement,
together with any related interest and penalties assessed by a taxing authority.
All fees paid by you are nonrefundable. Shaycom will assess an additional 1.5% (or
the highest amount allowed by law, whichever is lower) per month late charge if
your account is past due. Shaycom may terminate this Agreement or suspend the provision
of the Service for failure of payment when due. You will reimburse Shaycom for all
reasonable costs incurred by Shaycom in collecting past due amounts. Such costs
may include, but are not limited to, wire transfer fees, collection agency fees,
reasonable attorneys' fees, and court costs. All fees paid will be non-refundable
in the event that Content is removed from the Blogit for violating the Terms and
Conditions of Use.
Shaycom pays licensors of Blogs based on the number of times a member views such
licensors' Blogs. The amount paid is based on Shaycom's then-current payment terms
set forth at
http://www.blogit.com/Blogs/Help/HelpPage.aspx?page=earnings. Shaycom reserves
the right to modify such amounts and payment terms at any time by providing notice
to you. Your continued use of the Service shall be considered acceptance of the
From time to time, Blogit may award bonuses, including account bonuses, referral
bonuses and other bonuses that Blogit may award in the future. Receipt of those
bonuses is based on the completion of the governing bonus Terms and Conditions,
including the Referral Bonus
Terms and Conditions. All bonuses awarded through these and other bonus
programs, if any, must be withdrawn by the recipient from his or her Blogit account
within one year. All bonuses which are not claimed within one year of receipt will
expire and become property of Blogit.
All earnings, excluding bonuses referenced above, must be withdrawn within one year
of the termination of activity on your account and/or payment of fees.
You agree to pay and be solely responsible for any and all sales taxes, use taxes,
value added taxes and any other taxes or duties imposed by any jurisdiction as a
result of your use of the Service.
Members of Blogit are only entitled to view Blogs as displayed within Blogit. You
may not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information, content,
software, products or services that are part of Blogit except as expressly
provided in these Terms and Conditions of Use.
You will not post any Content or use the Service for any purpose that
violates (i) Federal, state or local laws or regulations, (ii) community standards,
(iii) International treaties or (iv) these terms, conditions, or notices. You will
not use the Service in any manner that violates or infringes upon the rights of
others. You will not use the Service to solicit the performance of any activity
that is prohibited by law or to solicit any Shaycom customer to become a customer
of any other provider of services competitive with Blogit. You may not use the
Service in any manner that could damage, disable, overburden, or impair
Blogit or interfere with any other party's use and enjoyment of it.
You may not attempt to gain unauthorized access to any account, computer systems
or networks associated with Blogit. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made available
or provided for through Blogit.
By way of example, and not as a limitation, you agree that when using the Service,
you will not:
Shaycom has, in its sole discretion, the right (but not the obligation) to monitor
your use of the Service, delete or deactivate your account, block your
email or IP address, remove and discard your Content or otherwise terminate your
access to the Service at any time, immediately without notice, for
any reason whatsoever. You agree Shaycom is not responsible for any loss that you
or any third-party may incur for any termination of your access to the Service.
Shaycom reserves the right at all times to disclose any information as Shaycom deems
necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to transfer or to remove any information or materials,
in whole or in part, in Shaycom's sole discretion. You are responsible for all activities
that occur in your Blogit account. You agree to notify Shaycom immediately
of any unauthorized use of your account. Shaycom is not responsible for any loss
that you or any third-party may incur as a result of any unauthorized person using
for disclosures relating to the collection protection and use of your information.
By using the Service you acknowledge, agree and consent to the terms
Always use caution when giving out any personally identifiable information about
yourself or your children on Blogit. Shaycom does not control or endorse
the Content, messages or information exchanged by means of Blogitand,
therefore, Shaycom specifically disclaims any liability with regard to the Service
and any actions resulting from your participation in Blogit.
Blogit may allow you to interact with third-party Web sites and Web
services ('Link(s)'). The Links are not under the control of Shaycom and Shaycom
is not responsible for the content of any Links, including without limitation any
link contained in a Link, or any changes or updates to a Link. Shaycom is not responsible
for any form of transmission received from any Link, nor is Shaycom responsible
if the Link is not working appropriately. Shaycom is providing these Links to you
only as a convenience, and the inclusion of any Link does not imply endorsement
by Shaycom of the Link or any association with its operators. You are responsible
with the Links.
You are solely responsible for any dealings with third parties (including advertisers)
who support Blogit, including the delivery of and payment
for goods and services.
For the terms and conditions governing your use of any Web site or service that
enables you to use Shaycom web sites other than Blogit
itself ('Shaycom-Enabled Properties'), please refer to the applicable
Terms and Conditions of Use for such Shaycom-Enabled Properties.
By submitting any feedback or suggestions to Shaycom concerning Blogit,
you warrant and represent that you own or otherwise control the rights necessary
to do so and you are granting Shaycom and its affiliated companies permission to:
The foregoing grants shall include the right to exploit any proprietary rights in
such feedback or suggestions, including but not limited to rights under copyright,
trademark, service mark or patent laws under any relevant jurisdiction. No compensation
will be paid with respect to Shaycom's use of the materials contained within such
feedback or suggestions. Shaycom is under no obligation to post or use any materials
you may provide and may remove such materials at any time in Shaycom's sole discretion.
This section is inapplicable to any personally identifiable information that you
provide in connection with your registration for Blogit. For terms
and conditions governing use of such information, please refer to the Blogit Privacy
This section also is inapplicable to any documents, information, or other data that
you transmit or otherwise submit to any Shaycom-Enabled Properties.
Please refer to the terms and conditions for such Shaycom-Enabled Properties
to determine the rights of the Web site or service provider to such documents, information
SHAYCOM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH BLOGIT
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. SHAYCOM AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES,
IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR
AS THEY RELATED TO IMPLIED WARRANTIES.
IN NO EVENT SHALL SHAYCOM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING
LOSS OF USE, DATA OR PROFITS, WITHOUT LIMITATION, DAMAGES FOR (EVEN IF PROVIDED
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE
OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM
YOUR INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF SHAYCOM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. NOTWITHSTANDING ANYTHING CONTAINED
HEREIN, IF SHAYCOM IS FOUND TO BE LIABLE, SHAYCOM'S LIABILITY TO YOU OR TO ANY THIRD
PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID IN CONNECTION WTH
THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR
You will not hold Shaycom responsible for other users' actions or inactions, including
things they post. You understand and agree that the Web Site is a venue for sellers
to list items and buyers to purchase items. Shaycom is not involved in the actual
transaction between buyers and sellers. Shaycom has no control over and does not
guarantee the quality, safety or legality of items advertised, the truth or accuracy
of listings, the ability of sellers to sell items, the ability of buyers to pay
for items, or that a buyer or seller will actually complete a transaction.
Shaycom does not transfer legal ownership of items from the seller to the buyer,
and nothing in this agreement shall modify the governing provisions of California
Commercial Code 2401(2) and Uniform Commercial Code 2-401(2), under which legal
ownership of an item is transferred upon physical delivery of the item to the buyer
by the seller. Unless the buyer and the seller agree otherwise, the buyer will become
the item's lawful owner upon physical receipt of the item from the seller, in accordance
with California Commercial Code 2401(2) and Uniform Commercial Code 2-401(2). Further,
Shaycom cannot guarantee continuous or secure access to its services, and operation
of the Web Site may be interfered with by numerous factors outside of its control.
If you have a dispute with one or more users, you agree to release Shaycom and its
directors, officers, employees, subsidiaries, joint ventures, agents, representatives,
and affiliates (collectively, "Affiliates") from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes. If you are a California resident,
you waive California Civil Code 1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by him must have materially
affected his settlement with the debtor."
You agree to indemnify and hold Shaycom and its Affiliates harmless from any demand,
claim, suit, loss, liability or damage, including reasonable attorneys' fees, whether
in tort or in contract, that Shaycom and its Affiliates may incur by reason of or
arising out of any claim that is made with respect to your use of the Service, including
without limitation (i) with respect to any breach of this Agreement by you, (ii)
with respect to any act or omission of you, or (iii) with respect to any claim of
defamation, invasion of privacy, right of publicity, unfair competition, infringement
of a third person's intellectual property or other proprietary rights or obscenity
relating to your use of the Service.
Shaycom provides information about how to use Blogit as part of Blogit.
Shaycom does not provide support for any software or services provided by any third
Shaycom reserves the right, in its sole discretion, to terminate your access to
and use of Blogit or any portion thereof at any time, without notice.
This Agreement is governed by the laws of the State of Oregon, U.S.A. You hereby
irrevocably consent to the exclusive jurisdiction and venue of courts in Portland,
Oregon, U.S.A. in all disputes arising out of or relating to the use of the Service.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Shaycom as a result of this agreement or your use of the
Service. Shaycom may assign this agreement, in whole or in part, at any
time. Shaycom's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of Shaycom's right
to comply with governmental, court and law enforcement requests or requirements
relating to gathered by Shaycom with respect to such use. You agree to indemnify
and hold Shaycom and its Affiliates, harmless from any claim, demand, or damage,
including reasonable attorneys' fees, asserted by any third party due to or your
use of the Service or information provided to or arising out of your
use of the Service or conduct on Blogit. If any part of
this agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. This agreement,
including the documents expressly incorporated by reference above, constitute the
entire agreement between the user and Shaycom with respect to the Service
and such agreements supersede all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Shaycom with respect to
the Service. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained
in printed form.
Shaycom may also terminate or suspend your access to the Service for
inactivity, which is defined as failing to log onto Blogit for an extended
period of time, as determined by Shaycom.
You acknowledge and agree that any information provided by you to Shaycom, including,
but not limited to account registration information and billing information is accurate,
complete and current, and you agree to update that information promptly if there
is any change.
You shall not resell the Service provided by Shaycom or any third party hereunder
or assign, transfer or otherwise dispose of the Service or this Agreement or any
interest herein, whether voluntary, by operation of law or otherwise, without the
prior express written consent of Shaycom. Any purported assignment in violation
of this section shall be void.
All contents of any Shaycom Web site related to Blogit are: Copyright
2007 Shaycom Corporation and/or its suppliers, c/o Shaycom Corporation, 10260 SW
Greenburg Road, 4th Floor, Portland, OR 97223, U.S.A. All rights reserved.
TRADEMARKS. Shaycom, Blogit, and BloggingNet are unregistered trademarks of Shaycom
Corporation. The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
Shaycom may have patents, patent applications, trademarks, copyrights, or other
intellectual property rights covering subject matter in any Web pages that are part
of the Service . Except as expressly provided in these Terms and Conditions
of Use, the furnishing of such Web pages to you does not give you any license to
these patents, trademarks, copyrights, or other intellectual property. Any rights
not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Shaycom's Designated Agent. ALL INQUIRIES
NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See the
Notice and Procedure for Making Claims of Copyright Infringement.
Revised December 27, 2007
Copyright © 2007 Shaycom Corporation. All rights reserved.
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