Terms
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WordPress blog administrator accounts are set up by Agreda Communications for users of RVblogz.com at no cost. We ask for very little in return, only that you comply with the following General Guidelines and abide by the Terms of Use below.
RVBLOGZ.COM GENERAL GUIDELINES
- User blogs shall not include any content deemed as pornographic, racist, libelous, or otherwise unlawful at the sole discretion of RVblogz.com.
- Users shall not modify blog theme files to remove any advertising or sponsor links placed by RVblogz.com.
- Users shall be responsible for backup and/or archiving of their own blog content. RVblogz.com shall not be held responsible for loss of data.
- Users assume all responsibility for technical support and maintenance of their website and content therein.
- Use of RVblogz.com blog accounts constitutes an At Will Agreement which may be terminated by either party at any time for any reason without cause for indemnification.
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RVBLOGZ.COM TERMS OF USE
BY COMPLETING THE REGISTRATION (”SIGN UP”) PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF THE RVBLOGZ.COM ONLINE SERVICE (THE “SERVICE”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT REGISTER TO USE THE SERVICE.
Welcome
As part of the Service, RVblogz.com will provide you with use of the Service, including a Wordpress Blog software installation, administrator account access and browser interface. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the RVblogz.com website incorporated by reference herein, including but not limited to RVblogz.com privacy and security policies.
Privacy & Security
When you register for a free travel blog account, RVblogz.com collects only information required to configure said blog and provide you with administrative access. We will not share your information with any other source.
Your Responsibilities
You are responsible for all activity occurring under your User account(s) and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify RVblogz.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to RVblogz.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another RVblogz.com user or provide false identity information to gain access to or use the Service.
Account Information and Data
RVblogz.com does not own any data, information or material that you submit to the Service in the course of using the Service (”Customer Data”). You, not RVblogz.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and RVblogz.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. RVblogz.com reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, without limitation. Upon termination for cause, your right to access or use Customer Data immediately ceases, and RVblogz.com shall have no obligation to maintain or forward any Customer Data.
Third Party Sponsor Interactions
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services on your website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable Third-Party Sponsor. RVblogz.com and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. RVblogz.com does not endorse any sites on the Internet that are linked through the Service. RVblogz.com provides the ability to create these links to you only as a matter of convenience, and in no event shall RVblogz.com or its licensors be responsible for any content, products, or other materials on or available from such sites. RVblogz.com provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
Termination for Cause
Any breach of your obligations or unauthorized use of the Service will be deemed a material breach of this Agreement. RVblogz.com, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, RVblogz.com may terminate a free account at any time in its sole discretion. You agree and acknowledge that RVblogz.com has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement.
Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. RVblogz.com represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
Mutual Indemnification
You shall indemnify and hold RVblogz.com, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that RVblogz.com (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release RVblogz.com of all liability and such settlement does not affect RVblogz.com’s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
RVblogz.com shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by RVblogz.com of its representations or warranties; or (iii) a claim arising from breach of this Agreement by RVblogz.com; provided that you (a) promptly give written notice of the claim to RVblogz.com; (b) give RVblogz.com sole control of the defense and settlement of the claim (provided that RVblogz.com may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to RVblogz.com all available information and assistance; and (d) have not compromised or settled such claim. RVblogz.com shall have no indemnification obligation, and you shall indemnify RVblogz.com pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, and hardware or business process.
Disclaimer of Warranties
RVBLOGZ.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. RVBLOGZ.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY RVBLOGZ.COM AND ITS LICENSORS.
Internet Delays
RVBLOGZ.COM’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. RVBLOGZ.COM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Modification to Terms
RVblogz.com reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
Assignment
This Agreement may not be assigned by you without the prior written approval of RVblogz.com but may be assigned without your consent by RVblogz.com to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
General
This Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and RVblogz.com as a result of this agreement or use of the Service. The failure of RVblogz.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RVblogz.com in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and RVblogz.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Definitions
As used in this Agreement and in any Order Forms now or hereafter associated herewith: “Agreement” means these online terms of use, any Order Forms, whether written or submitted online via the Online Order Center, and any materials available on the RVblogz.com website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by RVblogz.com from time to time in its sole discretion; “Content” means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service; “Customer Data” means any data, information or material provided or submitted by you to the Service in the course of using the Service; “Effective Date” means the earlier of either the date this Agreement is accepted by selecting the “I Accept” option presented on the screen after this Agreement is displayed or the date you begin using the Service; “Initial Term” means the initial period during which you use the free Service; “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; “RVblogz.com” means collectively Agreda Communications, a California partnership, having its principal address of business at PO Box 750909, Petaluma, CA 94975. “Service(s)” means services rendered by RVblogz.com including but not limited to WordPress blog software installation, configuration, and any optional upgrades; “User(s)” means you, your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you.
Questions or Additional Information
If you have questions regarding this Agreement or wish to obtain additional information, please send RVblogz.com an e-mail.
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