BlapNET.com - Terms of Use
- ACCEPTANCE OF TERMS
Welcome to BlapMedia, Inc suite
of websites (including, without limitation, www.blapnet.com, www.blapnet.net, www.blapnet.org, www.blapmedia.com, www.blapmedia.net, blapmedia.org) (singly and collectively, this
"Site"). BlapMedia, offers various web-based forms
that allow users to create and update their own web-blogs and web-journals,
web-forums and web-calendars, which allow users to post comments (in this Terms
of Use, we refer to www.blapnet.com, www.blapnet.net, www.blapnet.org, www.blapmedia.com, www.blapmedia.net, blapmedia.org
and other BlapMedia services collectively as the
"Services"). The Services may only be used through a web browser.
Please read the following Terms of Use (the "TOU") carefully before
using this Site, opening a www.blapnet.com membership account (an
"Account") or using the Services so that you are aware of your legal
rights and obligations with respect to BlapMedia, and its
affiliates and subsidiaries (collectively, "we," "us,"
"our," or "BlapMedia"). By using this
Site you signify your irrevocable acceptance of this TOU.
BlapMedia reserves the right to
update and change the TOU from time to time without notice or acceptance by
you.
- LIMITED LICENSE
BlapMedia grants you a limited
license to access and use the Site subject to the terms and conditions of this
TOU. However, this license does not allow you to make any commercial use or any
derivative use of this Site (including any of its individual elements or
content), except as may otherwise be permitted herein from time to time.
You may not use, frame or utilize framing
techniques to enclose the Site, or any individual element or materials within
the Site, including without limitation, BlapMedia's
trademarks, logos or other proprietary information (including any Materials
(defined below), the content of any text, or the layout and design of any page
or form contained on a page) without BlapMedia’s express
written consent. Further, you may not use any circumvention tools, meta tags or
any other "hidden text" utilizing a BlapMedia name,
trademark, URL, or product name without BlapMedia's express
written consent.
- USE OF MATERIALS
All materials transmitted or published by BlapMedia on this Site (including, but not limited to the text, images,
forms, logos, graphics, images, audio clips, video clips, photographs,
illustrations, video and audio clips, etc.) (collectively, the
"Materials") are owned or controlled by BlapMedia,
its subsidiaries or affiliated companies or a third-party provider, and are
protected by United States and international copyright laws.
Any copying, uploading, reproduction, transmittal
or redistribution of the Materials which is not in accordance with this TOU is
strictly prohibited. Making modifications to the Materials (unless such
modifications are allowed through the Site) or creating derivative works based
on the Materials is prohibited, as is the unauthorized use of the Materials on
any networked computer environment or other website.
- ADDITIONAL REQUIREMENTS TO USE THIS SITE AND THE
SERVICES
In order to use the Services, you must obtain
access to the World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access device. You
also understand and agree that the Services may include advertisements and that
these advertisements are necessary for BlapMedia to provide
the Services. Unless explicitly stated otherwise, any new features, updates or
upgrades that augment or enhance the Services, including the release of new www.blapnet.com properties, shall be subject to this TOU, as applicable. You agree
not to access the Services by any means other than through the interfaces that
are provided by BlapMedia for use in accessing the Services.
- ACCOUNTS
- REGISTRATION
In order to use portions of this Site, the
Services, you must register with BlapMedia to open an
Account. As part of the registration process, you will select a user name and
password for your Account. You promise you will not (a) select or use a user
name of another person with the intent to impersonate that person; (b) use a
name subject to the rights of any other person without authorization; (c) use a
user name that BlapMedia, in its sole discretion, deems
inappropriate or offensive; or (d) breach any representation, warranty or
promise made by you in this TOU regarding your Account. Users under 18 years of
age are required to have a parent or guardian review and complete the
registration process.
You are responsible for maintaining the
confidentiality of your user name, password and Account, and are fully
responsible for all activities that occur under your password or account You
agree to (a) immediately notify BlapMedia of any
unauthorized use of your password or Account or any other breach of security,
and (b) ensure that you exit from your Account at the end of each session. BlapMedia cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 5. It is your sole responsibility to
protect your user name and password and not share your password with any other
people. Accordingly, you understand and agree that you shall be liable for any
activity performed by any people using the Site under your user name and
password.
In consideration of use of this Site, you agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Site's registration form, and (b) maintain and promptly
update your Account information to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or BlapMedia has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, BlapMedia has the right to suspend or terminate
your Account and refuse any and all current or future use of this Site.
- TERMINATION
You agree BlapMedia, in its
sole discretion, may terminate your password, and/or Account, and remove and
discard any Content within this Site for any reason, including, without
limitation, the lack of use, or if BlapMedia believes that
you have violated or acted inconsistently with the letter or spirit of this TOU.
Any contracts, verbal or written or assumed, in conjunction with your deleted
Content, at BlapMedia’s discretion, will be terminated as
well. BlapMedia may also in its sole discretion and at any
time, discontinue providing this Site with or without notice. You agree that
any termination of your access to this Site under any provision of this TOU may
be effected without prior notice, and acknowledge and agree that BlapMedia may immediately deactivate or delete your Content, as applicable,
and all related information and files. BlapMedia reserves
the right to bar any further access to such files or this Site. You agree that BlapMedia shall not be liable to you or any third-party for any termination
of your access to this Site.
- BLAPMEDIA PRIVACY POLICY
All user information submitted to register an
Account and certain other information about you is subject to our Privacy
Policy, the terms of which are incorporated into this TOU by reference.
- CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages, goods,
products, services or other materials ("Content") are the sole
responsibility of the person from which such Content originated. This means
that you, and not BlapMedia, are entirely responsible for
all Content that you upload, post, transmit or otherwise make available via
this Site. BlapMedia does not control the Content posted via
this Site, as such, does not guarantee the accuracy, integrity or quality of
such Content. The user posting any Content represents that such user has all
rights necessary to post such Content without violation of any intellectual
property or other rights or any laws or regulations.
You understand that by using this Site, you may be
exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will BlapMedia be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use
of any Content posted, transmitted or otherwise made available via this Site.
You acknowledge that BlapMedia does not pre-screen Content,
but that BlapMedia and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or move any Content
that is available via this Site. Without limiting the foregoing, BlapMedia and its designees shall have the right to remove any Content that
violates this TOU or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by BlapMedia or submitted to BlapMedia. You acknowledge and
agree that BlapMedia may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce this TOU (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of BlapMedia, its users and the public.
You understand that the technical processing and
transmission of the Site, and Content you have submitted, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
Should Content be found or reported to be in
violation with, but not limited to, the following terms, it will be in BlapMedia's sole discretion as to what action should be taken.
You agree that you will not:
(a) upload, post, transmit or otherwise make
available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy (up to, but not excluding any address, email, phone number,
or any other contact information without the written consent of the owner of
such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a BlapMedia official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Site;
(e) upload, post or otherwise transmit any Content that you do 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);
(f) upload, post 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;
(g) upload, post, or transmit unsolicited commercial email or "spam".
This includes unethical marketing, advertising, or any other practice that is
in any way connected with "spam", such as (a) sending mass email to
recipients who haven't requested email from you or with a fake return address,
(b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting
your site by posting multiple submissions in public forums that are identical;
(h) upload, post 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;
(i) interfere with or disrupt the Site or servers or networks connected to the
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Site;
(j) intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
(k) "stalk" or otherwise harass another;
(l) 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. This may include, without limitation, providing
instructions on how to assemble bombs, grenades and other weapons or incendiary
devices;
(m) offer for sale or sell any item, good or service that (a) violates any
applicable federal, state, or local law or regulation, (b) you do not have full
power and authority under all relevant laws and regulations to offer and sell,
including all necessary licenses and authorizations, or (c) BlapMedia determines, in its sole discretion, is inappropriate for sale
through the Services provided by BlapMedia;
(n) use the Site as a forwarding service to another website;
(o) Allow usage by others in such a way as to violate these TOU;
(p) take any steps to interfere with or in any manner compromise any of BlapMedia's security measures;
(q) use this Site for fraudulent purposes;
(r) harvest or collect any information about or regarding other Account
holders, including, without limitation, any personal data or information;
(s) sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or
grant rights in any manner to your Account, or password, including, without
limitation, on or through the use of any third party web site or service;
(t) copy the Site (other than as provided under United States copyright laws);
(u) remove any proprietary notices from this Site or any copy thereof;
(v) cause, permit or authorize the modification, creation of derivative works,
or translation of this Site without the express permission of BlapMedia;
(w) sell, assign, rent, lease, or act as a service bureau without limitation,
through sublicense, to any other person or entity;
(x) attempt to decompile, reverse engineer, disassemble, modify or hack this
Site or to defeat or overcome any encryption and/or digital rights management
technology implemented by BlapMedia with respect to this
Site, and/or data transmitted, processed or stored by BlapMedia or this Site;
(y) use this Site for any commercial purpose or for the benefit of any third
party or in any manner not permitted by this TOU..
If any user is reported to be in violation with the
letter or spirit of this TOU, BlapMedia retains the right to
terminate such account at any time without further warning.
- ADDITIONAL SOFTWARE
With respect to any Software that may be made
available by BlapMedia, including in connection with this
Site, if you elect to download or access such Software, you understand that you
may have to agree to additional terms and conditions before you use such
Software.
- INTERNATIONAL USE
Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or the
country in which you reside.
- CONTENT SUBMITTED
BlapMedia does not claim
ownership of the Content you upload, place or post through this Site. By
uploading, placing or posting Content through this Site, you grant BlapMedia 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 such Content on BlapMedia's
Internet properties. This license exists only for as long as you continue to be
a BlapMedia customer and shall be terminated at the time
your Account is terminated. You acknowledge that BlapMedia does
not pre-screen Content, but that BlapMedia and its designees
shall have the right (but not the obligation) in their sole discretion to
refuse or remove any Content that is available via the Site. Without limiting
the foregoing, BlapMedia and its designees shall have the
right to remove any Content that violates this TOU or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
- ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through this Site,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that BlapMedia shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on this Site.
- LINKS
This Site may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because BlapMedia has no control over such sites and resources, you acknowledge and
agree that BlapMedia is not responsible for the availability
of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge and agree
that BlapMedia shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
- INDEMNITY
You agree to indemnify and hold BlapMedia, and its subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any alleged claim or demand,
including reasonable attorney fees, made by any third party due to or arising
out of your Content, your use of this Site, your connection to this Site, your
violation of this TOU, or your violation of any rights of another, whether you
are a registered user or not. The user is solely responsible for his or her
actions when using this Site, including, but not limited to, costs incurred for
Internet access.
- RESALE OF SERVICES
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Site, use of the Site, or access to the Site
without the express permission by BlapMedia.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that BlapMedia may
establish general practices and limits concerning use of this Site and may
modify such practices and limits from time to time.
- MODIFICATIONS TO THIS SITE
BlapMedia reserves the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, this Site (or any part thereof) with or without notice at any
time. You agree that BlapMedia shall not be liable to you or
to any third party for any modification, suspension or discontinuance of this
Site.
- NOTIFICATION OF COPYRIGHT INFRINGEMENT
BlapMedia may be required to
disclose information to individuals asserting rights under the Digital
Millennium Copyright Act, and you expressly authorize BlapMedia to comply with any and all lawful notices, subpoenas, court
orders or warrants without prior notice to you.
Copyright Infringement Notice
If you believe that material on any Web site
operated by BlapMedia violates your copyright, you may send BlapMedia a copyright infringement notice. Section 512(c) of the Copyright
Act requires that your notice must be in writing and must include substantially
all of the following:
- A physical or electronic signature of a 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 BlapMedia to locate the material.
BlapMedia requests that complete URLs for each
instance of the allegedly infringing material be provided.
- Information reasonably sufficient to permit BlapMedia to contact you, such as an address, telephone number, and, if
available, an electronic mail address at which you may be contacted.
- A statement that you have 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.
- A statement that the information in the copyright
infringement notice is accurate, and under penalty of perjury, that you
are authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
Please be aware that Section 512(f) of the
Copyright Act provides that any person who knowingly materially misrepresents
that material or activity is infringing may be subject to liability.
Your written copyright infringement notice must be
sent to BlapMedia's designated copyright agent via mail, fax
or email. Please note that, for security reasons, email attachments may be
blocked, so please do not include any attachments if you send your notice via
email.
Removing or Disabling Access to Material
After receipt of a valid copyright infringement
notice meeting the requirements of Section 512(c) of the Copyright Act, BlapMedia is required to:
- Expeditiously remove or disable access to the material
that is alleged to be infringing.
- Take reasonable steps to promptly notify the affected
account holder that BlapMedia has removed or disabled
access to the material from his or her account.
Counter Notification
If material from your account has been removed or
disabled by BlapMedia after it receives a valid copyright
infringement notice meeting the requirements of Section 512(c) of the Copyright
Act, you may ask that the material be restored by sending BlapMedia a counter notification. Section 512(g) of the Copyright Act
requires that your counter notification must be in writing and must include
substantially all of the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or
to which access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled. BlapMedia requests that complete URLs for each instance of the affected material
be provided.
- A statement under penalty of perjury that you have a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled.
- Your name, address and telephone number and a statement
that you consent to the jurisdiction of Federal District Court for the
judicial district in which the address is located, or if your address is
outside of the United States, for any judicial district in which BlapMedia may be found, and that you will accept service of process from the
person who provided the copyright infringement notification or an agent
of such person.
Please be aware that Section 512(f) of the
Copyright Act provides that any person who knowingly materially misrepresents
that material or activity was removed or disabled by mistake or
misidentification may be subject to liability.
Your written counter notification must be sent to BlapMedia’s designated copyright agent via mail, fax or email. Please note
that, for security reasons, email attachments may be blocked, so please do not
include any attachments if you send your counter notification via email.
Restoring Material
After receipt of a valid copyright infringement
notice meeting the requirements of Section 512(g) of the Copyright Act, BlapMedia is required to:
- Promptly provide the person who provided the copyright
infringement notice with a copy of the counter notification, and inform
that person that BlapMedia will replace the removed
material or cease disabling access to it in 10 business days.
- Replace the removed material and cease disabling access
to it not less than 10, nor more than 14, business days following receipt
of the counter notification, unless BlapMedia’s designated
copyright agent first receives notice from the person who submitted the
copyright infringement notice that such person has filed an action
seeking a court order to restrain the account holder from engaging in
infringing activity relating to the material on BlapMedia's system or network.
Copyright Abuse Policy
BlapMedia will terminate, in
appropriate circumstances, account holders of BlapMedia's system
or network who are repeat copyright infringers.
Designated Copyright Agent
Copyright Agent
BlapMedia.
1330 New Hampshire Avenue, NW – Suite B1
Washington, DC 20036
By telephone: (202) 464.6800
By fax: (202) 464.6810
Email: dcra@blapmedia.com
The Copyright Agent should only be contacted if you
believe that your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on or through this
Site. The Copyright Agent will not respond to any other inquiries.
- BLAPMEDIA'S PROPRIETARY RIGHTS
You acknowledge and agree that this Site, may
contain proprietary and confidential information that is protected by
applicable laws governing intellectual property, proprietary rights and the
like. All BlapMedia code and specifications, and all other
code and specifications for the Site and its operation, are subject to their
express or implied licenses.
Submission of Unsolicited Ideas and Information
BlapMedia does not want to
receive confidential or proprietary information from you through this Site or
by email. Unless otherwise agreed in writing by an authorized BlapMedia representative, any material, information or idea you transmit to BlapMedia by any means may be disseminated or used by BlapMedia
or its affiliates without compensation or liability to you for
any purpose whatsoever, including, but not limited to, developing, manufacturing
and marketing products. However, this provision does not apply to Content (as
defined herein), or to personal information that is subject to our Privacy
Policy.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. BLAPMEDIA
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) BlapMedia IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF
DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS
ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION
OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING
OF ACCESS TO THIS SITE, THE SITE OR OTHER INTERACTION WITH THIS SITE. YOU ARE
RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY
RESIDE ON THIS SITE. BLAPMEDIA DOES NOT WARRANT THAT (i)
THIS SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THIS SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, (v) THIS SITE OR
THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS,
COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS,
TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR
COMPONENTS, AND (vi) ANY ERRORS IN THIS SITE WILL BE CORRECTED.
(c) ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM
THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOU.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLAPMEDIA
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF BLAPMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER
RELATING TO THIS SITE.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR
DISSATISFACTION WITH THIS SITE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY
USE OF THIS SITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
- GENERAL
Notices to you may be made via either email or
regular mail. This Site or the Services may also provide notices of changes to
this TOU or other matters by displaying notices or links to notices to you
generally on the Site. This TOU and the relationship between you and BlapMedia shall be governed by the laws of the District of Columbia without
regard to its conflict of law provisions. You and BlapMedia agree
to submit to the personal and exclusive jurisdiction of the courts located
within Washington, DC. The failure of BlapMedia to exercise
or enforce any right or provision of this TOU shall not constitute a waiver of
such right or provision. This TOU and any additional Terms, as applicable,
constitutes the entire agreement between you and BlapMedia and
govern your use of this Site, superseding any prior agreements between you and BlapMedia (including, but not limited to, any prior versions of this TOU).
You also may be subject to additional terms and conditions that may apply when
you use affiliate or other BlapMedia services, third-party
content or third-party software. If any provision of this TOU or any
incorporated documents are 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 TOU remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of this Site, the TOU must be filed within one
(1) year after such claim or cause of action arose or be forever barred. The
section titles in the TOU are for convenience only and have no legal or
contractual effect.
- VIOLATIONS
Please report any violations of the TOU to BlapMedia at;
TOU Violations
BlapMedia
1330 New Hampshire Avenue, NW – Suite B1
Washington, DC 20036
Comment submission
By providing any comment on or through any comment submission page on this
site, you expressly acknowledge and agree that any comment, material,
information, idea or other content you transmit to BlapMedia
on or through this site, or by any other means, may be disseminated, displayed,
used, reproduced, modified and otherwise exploited by BlapMedia or its affiliates without compensation or liability to you, for
any purpose whatsoever, including, but not limited to, designing, developing,
manufacturing, marketing, displaying and/or otherwise exploiting any products,
or this question/answer forum.
Copyright 2008 BlapMedia. All rights reserved.