Terms of Service for blogHi.com WebSite
- 1. Description of the Service
- 2. Prerequisites of Use
- 3. Modifications to Terms of Service
- 4. Service Modifications
- 5. Privacy Policy
- 6. Copyright and Title
- 7. Content Responsibility and Use of the blogHi.com Website Service
- 8. Limited Warranty
- 9. Limitation of liability
- 10. Indemnity
- 11. Termination of contract
- 12. Miscellaneous
1. Description of the Service
BlogHi! is providing the Members an internet Service on which they can create and manage a "Blog" (a web site with multimedia Content) with publishing and community Services. Some of these Services will be free of charge, others may cost money or have other requirements depending on the level of Service the Member has chosen. BlogHi! may put any type of advertisement on Members' Blogs without reference to the Member. The Service also includes administrative communications from BlogHi! such as service newsletter, major changes notices. Members may be informed of third party opportunities. BlogHi! is not liable, and takes no responsibility for any contract between Members and any third party. Important — Please read carefully : by creating an account (as defined below) and / or checking the "Terms and Conditions" checkbox, you become a Member (either on behalf of yourself as an individual or on behalf of an entity as its authorized representative), agree to all of the Terms of Service and become a blogHi.com's Service Member. If you do not agree with all of the Terms of Service, do not create an account. By "Content" or "digital Content" we understand text, software, music, sound, photographs, graphics, video, messages or other materials.
2. Prerequisites of Use
They are some prerequisite to the use of the blogHi.com internet Service. The Member E-mail account must be always contactable and be acceptable to BlogHi!. BlogHi! will not answer any Member's instruction unless they are sent from the registered account email. Any Member must be 13 years old or over. For some specific Services, BlogHi! may set different age restrictions and will notify the Members by posting a start-up screen prior the use of such specific Services. Members agree not to access the blogHi.com Service by any means other than through the Member's blogHi.com Service interface.
3. Modifications to Terms of Service
BlogHi! may operate changes to the Terms of Service from time to time in the future. BlogHi! reserves the right to update and change the Terms of Service without notice or acceptance by the Member. You can monitor the most current version of the Terms of Service at any time at : http://help.blogHi.com/terms-of-service.html. We suggest that you regularly monitor the Terms of Service.
4. Service Modifications
BlogHi! retains the right to modify or discontinue the blogHi.com Service with or without notice to the Member.
5. Privacy Policy
Each Member is fully responsible for all activities that occur under its password or account. The Member may change its password at any time on the blogHi.com Service Website. All information, text, images, graphics or multimedia files entered into blogHi.com Website by the Member is public except to the extent that it opts not to share that information with other Members, people and / or the public. Members warrant to BlogHi! that they have the rights to display the Content that is placed on Weblogs and / or the blogHi.com Service Website. BlogHi!'s policy aims at respecting the Members privacy. Each Member can access to all of its personal information and can modify them. BlogHi! will not disclose to any third party Member's name or contact information without informing the Member.
6. Copyright and Title
The blogHi.com Service Website is based on and powered by a software that contains proprietary and confidential information that is protected by applicable intellectual property. The Member acknowledges that no title to the intellectual property in the software is transferred to the Member itself. Title, ownership, rights and intellectual property rights in and to the software shall remain in BlogHi!'s software. The software is protected by copyright and patent laws of Germany and international treaties. The Member may not : - reverse engineer, decompile, or disassemble the software and / or the blogHi.com Service based on the software ; - modify, or create derivative works based upon, the software in whole or in part ; - distribute copies of the software and / or the blogHi.com Service ; - remove any proprietary notices or labels on the Service and / or the blogHi.com Service ; - resell, lease, rent, transfer, sublicense, or otherwise transfer rights to software and / or the blogHi.com Service. The Member acknowledges that the Weblogs and the blogHi.com Service contain advertisements or information which may also be protected by copyright, trade mark registrations, patents or other proprietary rights and laws. The Member acknowledges that its publications of digital Content in its Weblog or in a publicly accessible area of the blogHi.com Service Website, give other Members the free, unlimited, perpetual and non-exclusive right to access these Contents and use it for the purpose of displaying the Weblog / Content in question. The Member acknowledges that its publications of other digital Content such as layouts, design templates, scripts, code and functions, navigation elements in a publicly accessible area of the blogHi.com Service Website, gives other Members the free, unlimited, perpetual and non-exclusive right to use these Contents / elements wholly or partially in all manners within the blogHi.com Service Website.
7. Content Responsibility and Use of the blogHi.com Website Service
The Member acknowledges and agrees that BlogHi! neither endorses the Contents of any Member communications (published texts, images, files, data, hyperlinks, software or other Content) nor assumes responsibility for any threatening, anticonstitutional, libellous, obscene, harassing, pornographic, racist, hatred-inciting, vulgar, defamatory, or offensive or damaging material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby. The Member acknowledges and agrees that Content published publicly will be accessible by the public without Member's knowledge and that digital Content published privately may also be read publicly if the Member makes an operating error, if third parties enter the blogHi.com System illegally or if there are errors in the computer software. Moreover, the Member will not harm minors in any way ; impersonate any person or entity, including, but not limited to, a BlogHi! official, forum leader, guide or host, or falsely state or otherwise misrepresent its own affiliation with a person or entity ; behave in any way which might restrict or inhibit the use and enjoyment of Weblogs and the blogHi.com Service by any person ; upload, post, email or otherwise transmit any Content that the Member does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) ; upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party ; upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, competitions, "junk mail", "spam", "mass e-mailing" with or without a fake return address, "chain letters", "pyramid schemes", "snowball-systems" or any other form of solicitation or commercial exploitation. The Member's conduct is subject to Internet regulations, policies an procedures ; upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment ; forge headers or otherwise manipulate identifiers in order to disguise the origin of any data Content transmitted through the blogHi.com Service ; interfere with or disrupt the blogHi.com Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service ; violate any applicable local, state, national or international law ; otherwise harass another ; promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals ; collect, store or create a database about the blogHi.com Service, its Members Weblogs or the software used by the blogHi.com Service ; offer for sale or sell any item, good or service that violates laws or that the Member does not have full power and authority under all relevant laws and regulations to offer and sell or that BlogHi! may determine inappropriate for sale through the blogHi.com Service ; pretend to be a representative of BlogHi! or the blogHi.com Service or any partner. access an other Member account that the Member does not have a right to use and / or change any Content / comment or the other Members information behave in any way that might bring BlogHi! into disrepute. BlogHi! does not and will not verify or pre-screen each Content entered by Members on the blogHi.com System Website and does not accept responsibility or liability for such Members Content. So the Member may find and be exposed to objectionable Content. The Member acknowledges and agrees that Content whether publicly or privately transmitted is its sole responsibility This means that the Member, and not BlogHi!, is entirely responsible for each and all Content that the Member uploads, posts, emails or otherwise transmits via the blogHi.com Service. BlogHi! may decide, in its sole discretion, to delete or block any or all of a Weblog Content. The Member acknowledges and agrees to immediately inform BlogHi! of any unauthorized or abnormal use of its account or / and blogHi.com Service ; any other breach of security known to the Member. BlogHi! retains the right to limit the number of accounts and Weblogs per Member at its sole discretion to prevent abusive use of the blogHi.com Service.
8. Limited Warranty
BlogHi! does not warrant that the functions contained in the blogHi.com Service Website will meet the Member's requirements or that the operation of the Website will be uninterrupted, timely, secure, fully compatible with the Member's hardware and software furnishing, error-free or free from malicious code or transmission of such malicious code. For purposes of this paragraph, "malicious code" means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system or computer network, including viruses, trojan horses, droppers, worms, logic bombs, and the like. BlogHi! does not make any warranty as to the accuracy or reliability of any information obtained through the blogHi.com Service or that defects in the Website software will be corrected. Except as stated above in these Terms of Service, the blogHi.com Service is provided "as-is" without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, and fitness for a particular purpose and the Member expressly agrees that the use of the Service is at the Member's sole risk. Further, BlogHi! shall not be liable for the accuracy of any information oral or written provided by BlogHi! or third-party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by the Member as a result of such technical support. The Member assumes full responsibility for the selection of the blogHi.com Service to achieve its intended results and for the use and results obtained from use of the Service. The Member also assumes the entire risk as it applies to the quality and performance of the blogHi.com Service. Should the Service prove defective, the Member (and not BlogHi! or its distributors or dealers) assumes the entire cost of all necessary servicing, repair or correction of its own hard and software materials. BlogHi! makes no warranty regarding any goods or Services purchased or obtained through the blogHi.com Service or any messages received or any transactions entered into through the Service or alteration of the Member's transmissions or data, including but not limited to, damages for loss of profit, use, data or other intangible, even if has been advised of the possibility of such damages. BlogHi! is not responsible for the Content of advertising banners and other external Contents provided directly or not from other websites. Limited warranty. BlogHi! warrants that : when used with a recommended access to the World Wide web, the blogHi.com Service will perform in substantial conformance with the documentation supplied online at : http://help.blogHi.com/ Time-restricted warranty. blogHi.com Service is a commercial Service and BlogHi! will NEVER claim to charge nothing for blogHi.com Service forever. No other warranty. Except as set forth in the forgoing limited warranty, BlogHi! and its suppliers disclaim all other warranties, either express or implied, or otherwise including the warranties of merchantability and fitness for a particular purpose. Also, there is no warranty of noninfringement, title or quiet enjoyment. No oral or written information or advice given by BlogHi!, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty. Some jurisdictions do not allow the exclusions of certain warranties, so some of the above exclusions may not apply to a Member.
9. Limitation of liability
Neither BlogHi! nor its suppliers shall be liable to the Member or any third party for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, business, interruption or the like), arising out of the use or inability to use the blogHi.com Service or these Terms of Service based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), Service liability or otherwise, even if BlogHi! or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. BlogHi! total liability to a Member for actual damages for any cause whatsoever will be limited to the amount paid by the Member for 3 (three) months of Service that caused damage. Limitation of usage time. blogHi.com Service is a commercial service. And BlogHi! will never claim to charge nothing for its Service, forever.
10. Indemnity
The Member acknowledges and agrees to indemnify and hold BlogHi! and its subsidiaries, affiliates, officers, agents and partners harmless from any claim or demand, including legal fees, made by any third party due to or arising out of the Member's use of and / or connection to the blogHi.com Service Website, the Member's violation of the Terms of Service or the Member's violation of any rights of another.
11. Termination of contract
The legal relationship between BlogHi! and the Member shall terminate automatically if the Member fails to comply with the limitations described in the Terms of Service. No notice shall be required from BlogHi! to effectuate such termination. The Member will no longer access its Weblogs and all the Member's information and Contents contained therein may be deleted by BlogHi!. In case of the Member's cancellation, the cancellation will take effect immediately. The Member will no longer access its Weblogs and all Member information and Contents contained therein may be deleted by BlogHi!. BlogHi! accepts no liability for to Members or to any third party for such deleted information or Content. In case of the cancellation of a chargeable Service level, the current subscribed period (month or quarter or semester or year) is due to BlogHi! and will be payed immediately or not be reimbursed. If the Member's credit card is invalid for any reason, the blogHi.com Service may be cancelled and all the Member's information and Contents contained within may be deleted permanently. BlogHi! accepts no liability for to Members or to any third party for such deleted information or Content. For all cancellation, if requested by a Member within a reasonable time of the termination date and accepted by BlogHi!, these Contents may be made available to the Member in digital form subject to Member's payment of BlogHi! standard administrative charge.
12. Miscellaneous
BlogHi!, blogHi.com, the BlogHi! logo, the BlogHi! logo and other version of BlogHi! graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of BlogHi! or its subsidiaries. BlogHi!'s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not BlogHi!'s, in any manner without BlogHi!'s permission. Any use made of these marks may be infringement of rights. If any of the Terms of Service should be determined to be illegal, invalid or otherwise unenforceable, the term or terms in question shall be severed and deleted from the Terms of Service and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. These Terms of Service will be governed by the laws of Germany.