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Terms of Service:
The following terms and conditions govern all use of the OGGIX.org
website and all content, services and products available at or through
the website, including, but not limited to, the OGGIX.org VIP hosting
service (“VIP Service”), (taken together, the Website). The Website is
owned and operated by OGGIX, Inc (OGGIX). The Website 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, OGGIX’s Privacy Policy) and procedures
that may be published from time to time on this Site by OGGIX
(collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the
web site. By accessing or using any part of the web site, 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 website or use any services. If these terms and
conditions are considered an offer by OGGIX, acceptance is expressly
limited to these terms.
1. You may moneytize blog created in OGGIX, that mean you may use
paid for ad services, such as google adsense, text-link-ads.com, adbrite
or any other.
2. Your OGGIX.org Account and Site. If you create a blog on the
Website, 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 OGGIX may change or remove any
description or keyword that it considers inappropriate or unlawful, or
otherwise likely to cause OGGIX liability. You must immediately notify
OGGIX of any unauthorized uses of your blog, your account or any other
breaches of security. OGGIX 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.
3. Responsibility of Contributors. If you operate a blog, comment on a
blog, post material to the Website, post links on the Website, or
otherwise make (or allow any third party to make) material available by
means of the Website (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, 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 obscene, libelous or defamatory (more info on
what that means), hateful or racially or ethnically objectionable, and
does not violate the privacy or publicity rights of any third party; 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 OGGIX or
otherwise.
By submitting Content to OGGIX for inclusion on your Website, you
grant OGGIX 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, OGGIX will use reasonable efforts to remove it from the
Website, but you acknowledge that caching or references to the Content
may not be made immediately unavailable.
Without limiting any of those representations or warranties, OGGIX
has the right (though not the obligation) to, in OGGIX’s sole discretion
(i) refuse or remove any content that, in OGGIX’s reasonable opinion,
violates any OGGIX policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Website to any
individual or entity for any reason, in OGGIX’s sole discretion. OGGIX
will have no obligation to provide a refund of any amounts previously
paid.
4. Fees and Payment. Optional premium paid services such as extra
storage, domain purchases or VIP hosting are available on the Website.
By selecting a premium service you agree to pay OGGIX the monthly or
annual subscription fees indicated for that service (the payment terms
for VIP hosting are described below). Payments will be charged on the
day you sign up for a premium service and will cover the use of that
service for a monthly or annual period as indicated. Premium service
fees are not refundable.
5. Responsibility of Website Visitors. OGGIX has not reviewed, and
cannot review, all of the material, including computer software, posted
to the Website, and cannot therefore be responsible for that material’s
content, use or effects. By operating the Website, OGGIX 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 Website may contain content that is
offensive, indecent, or otherwise objectionable, as well as content
containing technical inaccuracies, typographical mistakes, and other
errors. The Website 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. OGGIX disclaims any responsibility for any harm resulting from
the use by visitors of the Website, or from any downloading by those
visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot
review, all of the material, including computer software, made available
through the websites and webpages to which OGGIX.org links, and that
link to OGGIX.org. OGGIX does not have any control over those non-OGGIX
websites and webpages, and is not responsible for their contents or
their use. By linking to a non-OGGIX website or webpage, OGGIX does not
represent or imply that it endorses such website 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. OGGIX disclaims any responsibility for
any harm resulting from your use of non-OGGIX websites and webpages.
7. Copyright Infringement and DMCA Policy. As OGGIX 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 OGGIX.org violates your copyright, you are encouraged to
notify OGGIX in accordance with OGGIX’s Digital Millennium Copyright Act
(”DMCA”) Policy. OGGIX 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 OGGIX or others, OGGIX may, in its discretion,
terminate or deny access to and use of the Website. In the case of such
termination, OGGIX will have no obligation to provide a refund of any
amounts previously paid to OGGIX.
8. Intellectual Property. This Agreement does not transfer from OGGIX
to you any OGGIX or third party intellectual property, and all right,
title and interest in and to such property will remain (as between the
parties) solely with OGGIX. OGGIX, OGGIX, OGGIX.org, the OGGIX.org logo,
and all other trademarks, service marks, graphics and logos used in
connection with OGGIX.org, or the Website are trademarks or registered
trademarks of OGGIX or OGGIX’s licensors. Other trademarks, service
marks, graphics and logos used in connection with the Website may be the
trademarks of other third parties. Your use of the Website grants you
no right or license to reproduce or otherwise use any OGGIX or
third-party trademarks.
9. Changes. OGGIX 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 Website following the posting of any changes to this
Agreement constitutes acceptance of those changes. OGGIX may also, in
the future, offer new services and/or features through the Website
(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.
10. Termination. OGGIX may terminate your access to all or any part of
the Website at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate this Agreement or your
OGGIX.org account (if you have one), you may simply discontinue using
the Website. Notwithstanding the foregoing, if you have a VIP Services
account, such account can only be terminated by OGGIX if you materially
breach this Agreement and fail to cure such breach within thirty (30)
days from OGGIX’s notice to you thereof; provided that, OGGIX can
terminate the Website 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.
11. Disclaimer of Warranties. The Website is provided “as is”. OGGIX
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 OGGIX nor its suppliers and licensors, makes
any warranty that the Website will be error free or that access thereto
will be continuous or uninterrupted. If you’re actually reading this,
here’s a treat. You understand that you download from, or otherwise
obtain content or services through, the Website at your own discretion
and risk.
12. Limitation of Liability. In no event will OGGIX, 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 interuption of use or loss or corruption
of data; or (iv) for any amounts that exceed the fees paid by you to
OGGIX under this agreement during the twelve (12) month period prior to
the cause of action. OGGIX 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.
13. General Representation and Warranty. You represent and warrant
that (i) your use of the Website will be in strict accordance with the
OGGIX 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 Website will not infringe or misappropriate the intellectual
property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless OGGIX,
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
Website, including but not limited to out of your violation this
Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement
between OGGIX and you concerning the subject matter hereof, and they may
only be modified by a written amendment signed by an authorized
executive of OGGIX, or by the posting by OGGIX of a revised version.
Except to the extent applicable law, if any, provides otherwise, this
Agreement, any access to or use of the Website will be governed by the
laws of the state of California, 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 San Francisco County, California. 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 San Francisco, California, 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; OGGIX 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.
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