Client Agreement
The following USER AGREEMENT (“Agreement”) governs the use of all BloggerGhost ghostwriting services (“Service”). BY CONTINUING TO ACCESS THIS CONTENT, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, BLOGGERGHOST IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE CONTENT AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR ACCESS TO THIS CONTENT. These rules may be modified from time to time. The date of the most recent revisions will appear on this page. Your continued access to this Service will constitute your acceptance of any changes or revisions to the Agreement. Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Service, may result in the suspension or termination of your access to the Service, without notice, in addition to the Service Provider's other remedies.
RULES OF USE
The Service Provider does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on bulletin boards or otherwise contained in the Service.
MEMBERSHIP AND REGISTRATION
By utilizing BloggerGhost ghostwriting services, you: (1) accept responsibility for all activities that occur under your account or password; (2) agree not to sell, transfer, or assign your Membership or any Membership rights; and (3) are responsible for maintaining the confidentiality of your password so others may not access BloggerGhost using your name in whole or in part. BloggerGhost reserves the right to terminate Membership, deny access to the site, and prosecute any person who violates these Terms of Service. Members caught sharing their Membership will lose their Membership and will be held liable for all unregistered user fees and pricing discounts that were applied to their accounts.
RESPONSIBILITY FOR YOUR CONTENT
You assume full liability resulting from publication, distribution, or redistribution related to material provided by BloggerGhost or the use of such material by any person (including liability resulting from any virus, worm, “Trojan Horse,” or other contaminating or destructive feature of the data). You agree to indemnify and hold harmless us, our directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensers, from and against all losses, expenses, damages, and costs, including REASONABLE ATTORNEYS' FEES, resulting from your violation of the Usage Rules, the failure to fulfill any obligations relating to your account incurred by you, any other person using your account, or any other related legal matter involving BloggerGhost and its online services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
COPYRIGHT
All information, content, services, and software displayed on, transmitted through, or used in connection with BloggerGhost, including, for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by BloggerGhost and its affiliated companies, licensers, and suppliers. You may use the Content online only. If you operate a web site and wish to link to BloggerGhost, you may do so provided you notify BloggerGhost and agree to cease such link upon request from BloggerGhost. No other use is permitted without prior written permission of BloggerGhost. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.
You agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through BloggerGhost, not to insert any code or product, or manipulate the content of Bloggerghost in any way that affects the user's experience, and not to use any data mining, data gathering, or extraction method.
Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to info@bloggerghost.com. In certain cases, you may be able to obtain a license to use individual stories that appear on BloggerGhost through online functionality we have specifically designated (e.g., to e-mail a story to a friend). In such cases, we will tell you directly in the portion of the Content you may license, or you will see a link in the Content itself. If you do not see such authorization or link, you should assume no third party has the right to allow you to use the Content. For communications on other matters, please e-mail info@bloggerghost.com.
COPYRIGHT COMPLAINTS
If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another online location that contains material or activity that infringes upon your copyright rights, you may notify BloggerGhost by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
- Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
ADDITIONAL RULES
The Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your continued use of the Service constitutes your agreement to these additional rules.
LIMITATION ON LIABILITY
All Content is © 2007-2009 BloggerGhost its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers are NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, IN ANY WAY RELATED TO THIS SERVICE OR FOR ANY CLAIM, LOSS, OR INJURY BASED ON ERRORS OR OMISSION, INTERRUPTIONS, OR ANY OTHER INACCURACIES APPEARING ON BLOGGERGHOST. (INCLUDING WITHOUT LIMITATION AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT). A USER'S REMEDY FOR CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT HE/SHE HAS PAID, IF ANY, TO US FOR USE OF ANY SERVICES FOUND ON BLOGGERGHOST. BLOGGERGHOST IN NO WAY MAKES ANY GUARANTEES TO AN INCREASE IN SEARCH ENGINE RESULTS OR THE “SPIDERING” OF NEW CONTENT. ALL AUTHORS PROVIDE THE BEST POSSIBLE SERVICE TO THE BEST OF THEIR ABILITY AND DO NOT GUARANTEE THAT WRITTEN CONTENT IS “PERFECT” OR “WITHOUT ERROR.” Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
TRADEMARKS
This User Agreement does not grant you any rights in connection with any trademarks or service marks of licenser or its suppliers.
SUPPORT SERVICES
BloggerGhost may provide you with support services related to the Software (“Support Services”). Use of Support Services is governed by the policies and programs described in the user manual, in “online” documentation, or in other materials from the support services provider. Any supplemental software codes provided to you as part of the Support Services are considered part of BloggerGhost and subject to the terms and conditions of this User Agreement. You acknowledge and agree that BloggerGhost may use technical information you provide to BloggerGhost as part of the Support Services for its business purposes, including for product support and development. BloggerGhost will not utilize such technical information in a form that personally identifies you.
TERMINATION
BloggerGhost may terminate this Agreement, and your access to and use of Content, or any portion thereof, immediately, in its sole discretion, at any time without cause.
JURISDICTION
The laws of the State of Florida shall EXCLUSIVELY govern this Agreement. Venue for any mediation, litigation, special proceeding, or other proceeding as between the parties that may be brought or arise out of, in connection with, or by reason of this Agreement shall be in Miami-Dade County, Florida.
ENTIRE AGREEMENT
This Agreement supersedes any prior agreements, oral or written, between you and BloggerGhost with respect to such content. You also may be subject to additional terms and conditions that may apply when you access content or services provided by entities other than BloggerGhost on the web site from which you are accessing this Agreement or when you access any content provided by BloggerGhost from a web site other than the one from which you are accessing this Agreement. The failure of BloggerGhost to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Prior to initiating litigation, you must advise BloggerGhost via certified mail of your alleged dispute. Said notification must be sent within 30 days from the date you knew or should have known of the alleged dispute. BloggerGhost is entitled to reasonable attorneys' fees for enforcing or defending any aspect of this agreement and any legal dispute related to your use of BloggerGhost.
IF YOU DON'T AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, PLEASE EXIT THE SERVICE. PLEASE CLICK THE BACK BUTTON ON YOUR BROWSER TO RETURN TO THE PREVIOUS PAGE.
REVISED ON FEBRUARY 22, 2008
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