Terms of Service
Thank you!
Thank you for your interest in YourLocalBlog.com. We’re excited
you would like to start a blog on our network and get better connected
with your real-world community. Before launching your new blog, please
review the following agreement so you can understand the nature of the
content that is allowable on the YourLocalBlog network (“we”,
“the Network”), guidelines for safe use of the Network,
and all terms and conditions. For information on our Privacy Policy,
click here.
Terms and Conditions
The following terms and conditions govern all use of the YourLocalBlog.com
Network and all content, services and products available at or through
the Network. YourLocalBlog.com is offered subject to your acceptance
without modification of all of the terms and conditions contained herein
and all other operating rules, policies (including, without limitation,
YourLocalBlog’s Privacy Policy) and procedures that may be published
from time to time on this Site by the Network (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Network.
By accessing or using any part of the website, you agree to become bound
by the terms and conditions of this agreement. If you do not agree to
all the terms and conditions of this agreement, then you may not access
the Network or use any services. If these terms and conditions are considered
an offer by YourLocalBlog, acceptance is expressly limited to these
terms. The Network is available only to individuals who are at least
13 years old.
- Your YourLocalBlog.com Account and Blog. If you
create a blog on the Network, you are responsible for maintaining
the security of your account and blog, and you are fully responsible
for all activities that occur under the account and any other actions
taken in connection with the blog. You must not describe or assign
keywords to your blog in a misleading or unlawful manner, including
in a manner intended to trade on the name or reputation of others,
and YourLocalBlog may change or remove any description or keyword
that it considers inappropriate or unlawful, or otherwise likely
to cause YourLocalBlog liability. You must immediately notify YourLocalBlog
of any unauthorized uses of your blog, your account or any other
breaches of security. YourLocalBlog will not be liable for any acts
or omissions by You, including any damages of any kind incurred
as a result of such acts or omissions.
- Responsibility of Contributors. If you operate
a blog, comment on a blog, post material to the Network, post links
on the Network, or otherwise make (or allow any third party to make)
material available by means of the Network (any such material, “Content”),
You are entirely responsible for the content of, and any harm resulting
from, that Content. That is the case regardless of whether the Content
in question constitutes text, graphics, an audio file, or computer
software. By making Content available, you represent and warrant
that:
- the downloading, copying and use of the Content will not infringe
the proprietary rights, including but not limited to the copyright,
patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create,
you have either (i) received permission from your employer to
post or make available the Content, including but not limited
to any software, or (ii) secured from your employer a waiver as
to all rights in or to the Content;
- you have fully complied with any third-party licenses relating
to the Content, and have done all things necessary to successfully
pass through to end users any required terms;
- the Content does not contain or install any viruses, worms,
malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated,
and does not contain unethical or unwanted commercial content
designed to drive traffic to third party sites or boost the search
engine rankings of third party sites, or to further unlawful acts
(such as phishing) or mislead recipients as to the source of the
material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more
info on what that means), does not contain threats or incite
violence towards individuals or entities, and does not violate
the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic
messages such as spam links on newsgroups, email lists, other
blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers
into thinking that you are another person or company. For example,
your blog's URL or name is not the name of a person other than
yourself or company other than your own; and
- you have, in the case of Content that includes computer code,
accurately categorized and/or described the type, nature, uses
and effects of the materials, whether requested to do so by YourLocalBlog
or otherwise.
By submitting Content to YourLocalBlog for inclusion on your Network,
you grant YourLocalBlog a world-wide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish the Content solely
for the purpose of displaying, distributing and promoting your blog.
If you delete Content, YourLocalBlog will use reasonable efforts to
remove it from the Network, but you acknowledge that caching or references
to the Content may not be made immediately unavailable. Without limiting
any of those representations or warranties, YourLocalBlog has the
right (though not the obligation) to, in YourLocalBlog's sole discretion
(i) refuse or remove any content that, in YourLocalBlog's reasonable
opinion, violates any YourLocalBlog policy or is in any way harmful
or objectionable, or (ii) terminate or deny access to and use of the
Network to any individual or entity for any reason, in YourLocalBlog's
sole discretion. YourLocalBlog will have no obligation to provide
a refund of any amounts previously paid.
- Advertising. Although YourLocalBlog utilizes
reputable advertising networks to provide the advertising that appears
throughout the Network, YourLocalBlog cannot guarantee that the
content of the advertising will be deemed appropriate for your audience;
YourLocalBlog will not be liable for any damages to your organization
due to display of such advertising.
Upon notification of advertising that is deemed offensive or inappropriate,
YourLocalBlog will take the appropriate steps to review the advertising
and determine whether it meets the Network's editorial guidelines.
If the advertising is deemed offensive or inappropriate, it will
be removed from the Network as soon as is practicable.
Plus and Premium subscribers agree to only upload coupons for products
and services which they can honor, and agree to abide by all advertising
laws governing their geographic area. YourLocalBlog is not liable
for damages or misunderstandings arising between bloggers and customers
who are introduced via the Network.
Ad/Subscription Revenue – Free blogs and free directory listing pages may contain advertising or coupons; the ad/subscription revenue generated by displaying this content is the property of YourLocalBlog.com and is not shared with the blogger who maintains the free blog or free listing page. (To remove all ads from your free pages, you can purchase a paid subscription to the network.)
- Fees and Payment. Optional paid services including
Plus and Premium blog plans are available on the Network. By selecting
a paid service you agree to pay YourLocalBlog the subscription fees
indicated for that service (the payment terms for which are described
below). Payments will be charged on the day you sign up for a paid
service and will cover the use of that service for the period as
indicated. Paid service fees are not refundable.
- Paid Services.
- Fees; Payment. By signing up for a Plus or
Premium account you agree to pay YourLocalBlog subscription
fee indicated at http://www.yourlocalblog.com/startablog.php
- in exchange for the services and length of term agreed upon.
YourLocalBlog reserves the right to adjust subscription fees
for blog accounts at any time without notice (since subscribers
pay in advance, this will only affect the cost of future subscription
periods). Paid services will not auto-renew for the next subscription
period unless agreed upon by the blogger at time of sign up
(as of 1/10/10, the Network does not offer automatic renewal).
- Support. There are currently no additional
support services available to bloggers beyond the tutorials/FAQs
available on the Network. However, YourLocalBlog, at its discretion
(we love to keep customers happy!), may respond to support requests
to provide additional assistance; however, we cannot guarantee
issues will be resolved to your satisfaction.
- Responsibility of Network Visitors. YourLocalBlog
has not reviewed, and cannot review, all of the material, including
computer software, posted to the Network, and cannot therefore be
responsible for that material's content, use or effects. By operating
the Network, YourLocalBlog does not represent or imply that it endorses
the material there posted, or that it believes such material to
be accurate, useful or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems
from viruses, worms, Trojan horses, and other harmful or destructive
content. The Network may contain content that is offensive, indecent,
or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Network
may also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary
rights, of third parties, or the downloading, copying or use of
which is subject to additional terms and conditions, stated or unstated.
YourLocalBlog disclaims any responsibility for any harm resulting
from the use by visitors of the Network, or from any downloading
by those visitors of content there posted.
- Content Posted on Other Networks. We have not
reviewed, and cannot review, all of the material, including computer
software, made available through the Networks and webpages to which
YourLocalBlog.com links, and that link to YourLocalBlog.com. YourLocalBlog
does not have any control over those non-YourLocalBlog Networks
and webpages, and is not responsible for their contents or their
use. By linking to a non- YourLocalBlog Network or webpage, YourLocalBlog
does not represent or imply that it endorses such Network or webpage.
You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses,
and other harmful or destructive content. YourLocalBlog disclaims
any responsibility for any harm resulting from your use of non-YourLocalBlog
Networks and webpages.
- Copyright Infringement and DMCA Policy. As YourLocalBlog
asks others to respect its intellectual property rights, it respects
the intellectual property rights of others. If you believe that
material located on or linked to by YourLocalBlog.com violates your
copyright, you are encouraged to notify YourLocalBlog. YourLocalBlog
will respond to all such notices, including as required or appropriate
by removing the infringing material or disabling all links to the
infringing material. In the case of a visitor who may infringe or
repeatedly infringes the copyrights or other intellectual property
rights of YourLocalBlog or others, YourLocalBlog may, in its discretion,
terminate or deny access to and use of the Network. In the case
of such termination, YourLocalBlog will have no obligation to provide
a refund of any amounts previously paid to YourLocalBlog.
- Intellectual Property. This Agreement does not
transfer from YourLocalBlog to you any YourLocalBlog or third party
intellectual property, and all right, title and interest in and
to such property will remain (as between the parties) solely with
YourLocalBlog. YourLocalBlog, YourLocalBlog.com, the YourLocalBlog.com
logo, and all other trademarks, service marks, graphics and logos
used in connection with YourLocalBlog.com, or the Network are trademarks
or registered trademarks of YourLocalBlog or YourLocalBlog's licensors.
Other trademarks, service marks, graphics and logos used in connection
with the Network may be the trademarks of other third parties. Your
use of the Network grants you no right or license to reproduce or
otherwise use any YourLocalBlog or third-party trademarks.
- Improper Use (Spam Blogs). If a user duplicates
content across multiple blogs, these blogs will be treated as spam
blogs and the user will be warned by email to remove spam blogs.
If user does not comply, YourLocalBlog.com reserves the right to
delete the spam blog(s) from the Network.
- Changes. YourLocalBlog reserves the right, at
its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for
changes. Your continued use of or access to the Network following
the posting of any changes to this Agreement constitutes acceptance
of those changes. YourLocalBlog may also, in the future, offer new
services and/or features through the Network (including, the release
of new tools and resources). Such new features and/or services shall
be subject to the terms and conditions of this Agreement.
- Termination. YourLocalBlog may terminate your
access to all or any part of the Network at any time, with or without
cause, with or without notice, effective immediately. If you wish
to terminate this Agreement or your YourLocalBlog.com account (if
you have one), you may simply discontinue using the Network. Notwithstanding
the foregoing, if you have a Plus or Premium account, such account
can only be terminated by YourLocalBlog if you materially breach
this Agreement and fail to cure such breach within thirty (30) days
from YourLocalBlog’s notice to you thereof; provided that,
YourLocalBlog can terminate the Network immediately as part of a
general shut down of our service. All provisions of this Agreement
which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
- Disclaimer of Warranties. The Network is provided
“as is”. YourLocalBlog and its suppliers and licensors
hereby disclaim all warranties of any kind, express or implied,
including, without limitation, the warranties of merchantability,
fitness for a particular purpose and non-infringement. Neither YourLocalBlog
nor its suppliers and licensors, makes any warranty that the Network
will be error free or that access thereto will be continuous or
uninterrupted. You understand that you download from, or otherwise
obtain content or services through, the Network at your own discretion
and risk.
- Limitation of Liability. In no event will YourLocalBlog,
or its suppliers or licensors, be liable with respect to any subject
matter of this agreement under any contract, negligence, strict
liability or other legal or equitable theory for: (i) any special,
incidental or consequential damages; (ii) the cost of procurement
or substitute products or services; (iii) for interruption of use
or loss or corruption of data; or (iv) for any amounts that exceed
the fees paid by you to YourLocalBlog under this agreement during
the twelve (12) month period prior to the cause of action. YourLocalBlog
shall have no liability for any failure or delay due to matters
beyond their reasonable control. The foregoing shall not apply to
the extent prohibited by applicable law.
- General Representation and Warranty. You represent
and warrant that (i) your use of the Network will be in strict accordance
with the YourLocalBlog Privacy Policy, with this Agreement and with
all applicable laws and regulations (including without limitation
any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content,
and including all applicable laws regarding the transmission of
technical data exported from the United States or the country in
which you reside) and (ii) your use of the Network will not infringe
or misappropriate the intellectual property rights of any third
party.
- Indemnification. You agree to indemnify and hold
harmless YourLocalBlog, its contractors, and its licensors, and
their respective directors, officers, employees and agents from
and against any and all claims and expenses, including attorneys'
fees, arising out of your use of the Network, including but not
limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the
entire agreement between YourLocalBlog and you concerning the subject
matter hereof, and they may only be modified by a written amendment
signed by an authorized executive of YourLocalBlog, or by the posting
by YourLocalBlog of a revised version. Except to the extent applicable
law, if any, provides otherwise, this Agreement, any access to or
use of the Network will be governed by the laws of the state of
Florida, U.S.A., excluding its conflict of law provisions, and the
proper venue for any disputes arising out of or relating to any
of the same will be the state and federal courts located in Pinellas
County, Florida. Except for claims for injunctive or equitable relief
or claims regarding intellectual property rights (which may be brought
in any competent court without the posting of a bond), any dispute
arising under this Agreement shall be finally settled in accordance
with the Comprehensive Arbitration Rules of the Judicial Arbitration
and Mediation Service, Inc. (“JAMS”) by three arbitrators
appointed in accordance with such Rules. The arbitration shall take
place in Pinellas County, Florida, in the English language and the
arbitral decision may be enforced in any court. The prevailing party
in any action or proceeding to enforce this Agreement shall be entitled
to costs and attorneys’ fees. If any part of this Agreement
is held invalid or unenforceable, that part will be construed to
reflect the parties’ original intent, and the remaining portions
will remain in full force and effect. A waiver by either party of
any term or condition of this Agreement or any breach thereof, in
any one instance, will not waive such term or condition or any subsequent
breach thereof. You may assign your rights under this Agreement
to any party that consents to, and agrees to be bound by, its terms
and conditions; YourLocalBlog may assign its rights under this Agreement
without condition. This Agreement will be binding upon and will
inure to the benefit of the parties, their successors and permitted
assigns.
Notes on Blogging Safety (Especially important on a location-based
blog!)
YourLocalBlog is designed to help people share information and get better
connected with those in their community. However, it's important to
understand that any information posted to your Profile or blog is viewable
by any user of the Network throughout the entire World Wide Web. Therefore,
YLB encourages bloggers to use discretion when posting information of
a personal nature.
For instance, if you own a business, you might deem it to be a wise
business decision to post the location of your business on the map (to
"geotag" it), and to provide store hours and contact information in
your Profile and on your blog. However, we do not recommend geotagging
or posting your home address or posting your personal phone number on
the Network. User agrees that YLB will not be liable for any damages
due to malicious use of information uploaded or shared via the network.
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