We at Blogger Effect LLC and its subsidiaries, affiliates, and suppliers (“we”) provide this website under the following terms and conditions (“Agreement”). By using bloggereffect.com (“Site”) you must adhere to all guidelines, policies, terms, and conditions that apply to that service. This is a legally binding agreement, even if you are a visitor, aggregator, or computer. You agree to this contract by installing or using anything on, or copying anything from, this site. If you do not agree, promptly exit this site and do not install, use, or copy anything related thereto.
We may amend this agreement by posting different language in this location. We encourage you to periodically review this webpage, at least to check the effective date to determine whether the agreement has changed.
This agreement is effective January 1, 2012.
2. License Grant
The version of the Site, all computer code contained therein, and accompanying documentation (“Content” or the “Software Product”) is licensed and not sold. The Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. We own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this Agreement.
After registration, you may be allowed to freely use the Site and services therein pursuant to these terms and conditions. This Agreement permits you to copy only so much of the Content as is normally and reasonably done by internet browsers. This Agreement does not permit the installation or use of any other copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
3. Restrictions on Transfer
Without first obtaining the express written consent of Blogger Effect, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
4. Restrictions on Use
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product. You may not use the database portion of the Software Product in connection with any software other than the Software Product.
5. Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
6. Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.
7. Links to Other Sites
We makes no representations whatsoever about any other website that you may access through this Site. When you access another site, please understand that it is independent from this site, and that we have no control over the content on that website. In addition, a hyperlink to another site does not mean that we endorse or accept any responsibility for the content, or the use, of the linked Site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, malware, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.
8. Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Blogger Effect so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Site from any non-affiliated third party.
9. Disclaimer of Warranties and Limitation of Liability
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. WE SPECIFICALLY DISCLAIM ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
Blogger Effect makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Blogger Effect makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. BLOGGER EFFECT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL BLOGGER EFFECT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF BLOGGER EFFECT OR ANY OTHER PARTY, EVEN IF BLOGGER EFFECT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS BLOGGER EFFECT’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
10. Limitation of Remedies and Damages
Your sole remedy for a breach of this Agreement or of any warranty included in this Agreement is the future correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Blogger Effect. Blogger Effect reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Blogger Effect to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable.
You agree to indemnify and hold Blogger Effect harmless from all claims, judgments, liabilities, expenses, or costs (including attorneys’ fees) arising from or related to your breach of this Agreement and/or any other violation or law related to your use of this website. Upon breach, you may face actions from Blogger Effect, including legal action.
12. Revisions; General
13. User Registration and Information
You shall accurately fill in the information requested in the User Registration form on the site. You shall be required to promptly update the User Information on the site. You are limited to one registered account per user. Do not make multiple accounts. You shall select a username and password during the user-registration process. You are not allowed to give your username and password to others. You shall be legally liable for: a) all use of the Site made by your username and password, and b) maintaining the confidentiality of your username and password.
We shall have the irrevocable, perpetual, unlimited, assignable and sublicensable, worldwide, fully paid up and royalty-free license and right to use, copy, prepare derivative works of, modify, distribute, publish, transmit, remove, retain, add to, process, commercialize, and analyze any submissions or information you make to the website or information that we may collect about you, in ways now known or later developed. You are also deemed to authorize us to disclose your personal data when you include such personal data in the Content. You agree not to post, link to, or otherwise disseminate content that is in violation of applicable laws. If you repeatedly use the Site to infringe copyrighted works, we reserve the right to terminate your account.
If you have a dispute with one or more other users of this site, you shall release us from all 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.
We will not sell or rent your personal information to third parties unless you consent. We may utilize our license to information in our discretion, including to inform you of other products or services available from us or our affiliates, and including to conduct surveys. We may disclose your personal information, without notice, only if required to do so by law or in the belief that such action is reasonably necessary to: (a) comply with applicable law; (b) protect and defend our or another’s rights or property; and, (c) act to protect the personal safety of users of Blogger Effect, or others, or the public.
The Blogger Effect website may use “cookies” to help you personalize your online experience. One of the primary purposes of cookies is to provide a convenient feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Blogger Effect pages, or register with Blogger Effect site or services, a cookie helps Blogger Effect to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Blogger Effect website, the information you previously provided can be retrieved, so you can easily use the Blogger Effect features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Blogger Effect services or websites you visit.
17. Digital Millennium Copyright Act Compliance Statement
If you hold the appropriate copyright or have authority to act on the copyright holder’s behalf, you may contact us to remove material you believe to be infringing from the Site. Please contact our designated agent and we will move expeditiously to remove the offending material.
Please include the following in your notice to our agent:
- Your physical or electronic signature;
- Identification of the work or works that you claim is/are being infringed, or, a representative list of such works;
- Identification of the material you believed is infringing or to be the subject of infringing activity and that you want to be removed, and information sufficient for us to locate the material;
- Information sufficient to permit Blogging Effect 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 the use of the material on the Site is not authorized by the copyright owner, its owner, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed material
Our designated agent is:
c/o Blogger Effect LLC
1355 GEORGES AVENUE
BROOKFIELD, WI 53045
18. Children under Thirteen
Blogger Effect does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you may not use this site.
19. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. Terminating Membership
You may choose to retire or delete the published content from this site, within the limits of the website’s functionality and design as we may determine or change in our discretion. Terms regarding the status of the uploaded content, including our license thereto, shall remain applicable if you choose to terminate the membership.
21. Connection to Other Accounts
You may be able to connect your Blogger Effect account to your accounts on accounts on third-party websites. BY CONNECTING YOUR BLOGGER EFFECT ACCOUNT TO YOUR OTHER ACCOUNTS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE ACCOUNTS). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT USE THE THIS FEATURE. You may be able to disconnect your account from such accounts – see your account settings, and contact us with any concerns or questions.
22. Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Blogger Effect by contacting us at firstname.lastname@example.org.
23. Contact Information
Blogger Effect welcomes your questions or comments regarding this Terms of Service. If you believe that Blogger Effect has not adhered to this Agreement, please contact Blogger Effect at email@example.com.
Each and every provision of this agreement shall be construed as though each party participated equally in its drafting, and any rule of construction that a document shall be construed against the drafting party shall not be applicable. Each provision in this agreement is severable and is separate and distinct, designed to operate under different factual circumstances, and that invalidity, unenforceability, or other limitation of one shall not affect the others. If the scope of any provision (intellectual property assignments) is too broad to permit enforcement thereof to its fullest extent, then it is the specific intent and agreement of the parties hereto that such covenant shall be enforced to the maximum extent permitted by law, and the parties consent and agree that such scope may be judicially modified accordingly in any proceeding brought to enforce such covenant. Each party acknowledges that he or she has read and understands this agreement, has had an opportunity to discuss the terms with legal counsel, and enters into them freely, knowingly, and voluntarily and based on his or her own judgment and not on any representations or promises other than those contained in this agreement.
25. Entire Agreement
This document constitutes the entire agreement of the parties related to your use of this site or other subject matter addressed herein and supersedes all prior or contemporaneous agreements of any kind related thereto. The waiver by us of a breach of any provision of this agreement by the other party may only be in writing and shall not operate or be construed as a waiver of any subsequent or continuing breach. We may assign any of our rights under this agreement at any time, and this agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. All issues relating to this agreement will be governed by and construed in accordance with the substantive laws of, and the parties consent to exclusive jurisdiction (including personal jurisdiction) and venue in the state and federal courts located in Milwaukee, Wisconsin for any dispute related to this agreement or its subject matter. Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.