Terms and Conditions of Use

Tuesday, May 8, 2001

Web Site Terms and Conditions of Use

::  Terms of Use

This Terms of Use Agreement (the “Agreement”) is between you (”You”) and A Bloggy Mom (www.abloggymom.com). In this Agreement, “We” or “Us” refers to www.abloggymom.com, its owner, and agents. This Agreement sets out the terms and conditions applicable to Your access and use of www.abloggymom.com (the “Website”). By Your use of the Website, You agree to be contractually bound by the Terms and Conditions of Use agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.  You also agree to be contractually bound by any modifications that we may make to this agreement. You also consent to the collection and use of your personal information as outlined in our privacy policy.   If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.  This Agreement was last updated on May 4, 2011.    

::  User Conduct

Any material you send or post to A Bloggy Mom website, with the exception of personally identifiable information, the use of which is covered under our Privacy Policy, will be considered non-proprietary and not confidential.  By posting content to the A Bloggy Mom website you agree we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

When using this website you shall not post or send to or from the A Bloggy Mom website any material:
(a)        that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law; or
(b)        which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

You agree to indemnify and hold us and our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the A Bloggy Mom website, any content you supply to the A Bloggy Mom website, or your violation of these Terms or the rights of another.

::  Disclaimer

The materials on A Bloggy Mom’s web site are provided “as is”. A Bloggy Mom makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, A Bloggy Mom does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

::  Limitations

In no event shall A Bloggy Mom or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on A Bloggy Mom’s website, even if A Bloggy Mom or a A Bloggy Mom authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

::  Revisions and Errata

The materials appearing on A Bloggy Mom’s web site could include technical, typographical, or photographic errors. A Bloggy Mom does not warrant that any of the materials on its web site are accurate, complete, or current. A Bloggy Mom may make changes to the materials contained on its web site at any time without notice. A Bloggy Mom does not, however, make any commitment to update the materials.

::  Links

A Bloggy Mom has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by A Bloggy Mom of the site. Use of any such linked web site is at the user’s own risk.

::  Third Party Websites

You may be transferred to online merchants or other third party websites through links or frames from A Bloggy Mom. These links are provided solely for your convenience and do not constitute an endorsement by A Bloggy Mom, its licensors, or advertisers of these third party websites, nor do said links imply an affiliation of A Bloggy Mom with these third-party sites. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between You and that third party. You agree that We will not be responsible or liable for any loss or damage of any sort incurred as the result of any of Your transactions or other dealings with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

:: Intellectual Property

You acknowledge that any and all information, content, comments, reports, data, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos, and trade names contained on A Bloggy Mom (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, A Bloggy Mom, or its licensors, as the case may be. All use of the Content or Website Design shall be in accordance with such rights and the terms of this Agreement.

Except as may be explicitly permitted through A Bloggy Mom, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from A Bloggy Mom. Systematic retrieval of data or other content from A Bloggy Mom to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from A Bloggy Mom is prohibited.

::  Site Terms of Use Modifications

A Bloggy Mom may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

::  License to Use Content You Submit

You hereby grant to A Bloggy Mom exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party. A Bloggy Mom shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by A Bloggy Mom in writing or required by law. You represent and warrant that You have the right to grant the license set out above.

::  Amendment and Waivers

A Bloggy Mom reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on the Site. You are responsible for periodically reviewing the amendments on the Site, and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using the Site. Access to the Site or use of the Site after any amendments have been posted shall constitute Your acknowledgment and acceptance of the amended terms and conditions. No supplement, modification, or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on A BLoggy Mom unless signed by A Bloggy Mom in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

::  Governing Law

Any claim relating to A Bloggy Mom’s website shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions.

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