Basically, this is what you agree to when you use this site.
This is a contract between you and The Usual Spot, and it applies whenever you use The Askblog List or any services or products it may provide.
Now, usually documents involving "Terms" are long and boring, we know. That's why we're going to try and make this as simple as possible.
Much like airplane safety videos, you should really read these Terms carefully before using this site, even if you've read other websites' Terms of Service or similar documents before - there may be differences or things you haven't encountered before. In any case, it's a good idea to get the hang of your rights when using this website.
Please read these Terms carefully, because by using The Askblog List you agree to uphold your end of the Terms. If you do not agree, you may not use The Askblog List.
First, some definitions.
Below are some terms that we use so we don't have to put long strings of lawyer text everywhere.
|"The Usual Spot", "we", "us" and "our"||refers to The Usual Spot Company, which runs The Askblog List.|
|"You" and "your"||means, well, you, whether 'you' are a person or legal entity, and whether you're using The Askblog List for personal reasons or on behalf of your employer.|
|"The Askblog List", "this website"||refers to this website, located at http://askbloglist.com/, and any and all services it provides.|
|"Terms"||refers to the Terms of Service for this website, or in other words, this very document.|
|"Content"||refers to copyrightable and trademarkable content provided on this site, including, but not limited to, text, images, videos, animations, data, logos, graphics and features provided by the website.|
|"User-Submitted Content"||refers to any Content posted or transferred to The Askblog List by another user, including you.|
|"User Feedback"||refers to any comments, reviews, votes, reports, or other interactions with the askblog listings contained on this website.|
These Terms of Service talk about your rights and responsibilities in regards to your usage and Content on this website.
By using The Askblog List, you agree that you have certain responsibilities. In particular, you agree that you will not use The Askblog List to:
- violate any local, state, national, or international law or regulation
- transmit any material that is abusive, harassing, tortious, defamatory, vulgar, libellous, invasive of other people's privacy, hateful, or racially, ethnically, or otherwise objectionable
- transmit any copyrighted or trademarked material that you are legally barred from transmitting
- transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- transmit any material that contains malware, spyware, viruses, or any other computer code or programs that is designed to interrupt, destroy or limit the functionality of computer hardware or software
- transmit any data designed to interfere with the operation of The Askblog List
- scrape material from our website in order to display it elsewhere, whether for profit or not
- impersonate another person or entity, and
- harass, stalk, or otherwise harm another individual, including reveal private information such as the names or addresses of someone who has chosen to use an alias or remain anonymous on The Askblog List.
- encourage other people to do any of the above.
You also agree that you are of the legal age to form a binding contract, and that you are not a person barred from using The Askblog List by any local, state, national, or international law or regulation.
Lastly, you agree to follow and uphold the House Rules, and agree not to encourage anyone to break them.
If you decide to register an account with us, you agree to take on additional responsibilities. In particular, you agree:
- that you will provide true, accurate, current, and complete information when prompted by the registration form, and
- that you will maintain and update that information so that it remains true, accurate, current, and complete.
It belongs to you
You retain ownership of all copyrights and any other intellectual property rights belonging to your User-Submitted Content.
Just so we're clear (and in case it wasn't obvious), The Usual Spot (and other parties associated with The Usual Spot) retains ownership of the intellectual property rights associated with all Content other than User-Submitted Content.
You agree to let us show it off
By transmitting your User-Submitted Content to The Askblog List, you agree to grant us a non-exclusive, irrevocable, universal, sublicensable, transferable and perpetual licence to use, host, store, reproduce, modify, create derivative works (like low-res versions of images or translation of content), communicate, publish, publicly perform, publicly display and distribute such Content.
The rights you grant in this license are for the limited purposes of operating, promoting and improving our website.
You agree to only submit stuff that belongs to you
By transferring User-Submitted Content to us, you agree that you have the necessary rights to grant this licence to us. If you do not have the rights, you agree that the content may be removed. If you upload multiple items to which you do not have the rights, you agree that your access to The Askblog List may be terminated.
Removing your content
This license ends if and when your User-Submitted Content is removed from our website.
You are free to remove User-Submitted Content (with the exclusion of any User Feedback) from this website at any time. However, you understand and agree that it may take some time to purge your data due to backups, caching, or other references. Additionally, you understand and agree that some data may be retained, but not displayed or distributed, in the form of site backups or other server copies.
Modification or Cancellation of Terms
It's our website and we'll do what we want with it
We hope to constantly evolve and change our website. You agree that features may be added, changed or removed without prior warning. (We'll try to warn you if it's anything significant - but you agree that we don't have any obligations to do so).
If we decide to cancel or close this website, if it's reasonably possible we'll try and give you reasonable notice, and provide a way of getting your data out of our website.
You can stop using our website, if you like
If for whatever reason you decide to stop using our website, you can delete your account or any of your askblog listing in place. We'll be sad to see you go, though. :(
However, we can also stop you from using our website, if we like
You agree that we may terminate your account, or terminate or prevent your access of this website, for any reason without prior notice. You also agree not to attempt to work around these limitations.
We reserve the right to change these Terms at any time
If we think the Terms could be improved (or we've read a good critique of the Terms that we agree with) then we can and will update it. But, we'll be sure to notify you as well via email, so you can read it too.
But if you have any questions, concerns, suggestions, complaints or critiques, feel free to send us a line.
You can contact us regarding our Terms via the following email address: firstname.lastname@example.org We want to make sure we're doing a good job, so we'd love to hear from you.
Legal Stuff - Limitations of Liability
Below is some legal stuff that you really need to pay attention to.
Now, we know we said above that we were going to make this as simple as possible and avoid long strings of lawyer text whenever possible. The thing is, it's not really possible here. The following paragraphs are the legal equivalent of suspender braces, always at the ready and holding our legal pants up - after all, if we get sued, we don't want to show up to court with only our legal briefs on.
So ready your vocab comprehension and deploy your all caps conversion powers, 'coz this is gonna get heavy.
Access to The Askblog List is provided on an "AS-IS" basis
While we try to keep The Askblog List up and running, bug-free, and safe, you understand and agree that you use The Askblog List at your own risk.
YOU UNDERSTAND AND AGREE THAT The Askblog List IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULL EXTENT PERMITTED BY LAW.
WE DO NOT GUARENTEE THAT The Askblog List WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE, NOR THAT IT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
If you get in trouble by the use of this website, you're on your own
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY FOR DAMAGES YOU MAY INCUR, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USAGE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE AFOREMENTIONED PARTIES WERE INFORMED, ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNTS) USE OF THIS WEBSITE.
UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE GREATER OF FIFTY NEW ZEALAND DOLLARS (NZ$50.00) OR THE AMOUNT YOU HAVE PAID US IN THE LAST TWELVE MONTHS.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH IN THIS SECTION, SO THOSE LIMITATIONS MAY NOT APPLY TO YOU.
Please send us a line to see if we can resolve things amicably before suing us, okay?
You and The Usual Spot agree that we will resolve any claim or controversy that arises out of these Terms or out of The Askblog List in accordance with the terms of the following section, or as you and The Askblog List otherwise agree in writing. Before resorting to litigation, we'd very much prefer it if you contact us to seek a resolution.
If you decide to sue us anyway...
These Terms shall be governed in all respects by the statutes and laws of New Zealand, without regard to its conflict of laws provisions.
You and The Usual Spot agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Auckland with respect to such matters.
Just a few more legal things to wrap up
The extent of the Terms
These Terms constitute the entire agreement between you and The Usual Spot in connection with The Askblog List. These Terms replace all prior or contemporary understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties.
Failure to exercise rights
The failure of either party to exercise any right listed in these Terms in any way shall not constitute or be deemed a waiver of rights under these Terms. If a court should determine any aspect or part of these Terms to be unenforceable or invalid, then these Terms shall be construed to omit or limit that aspect or part to the minimum extent necessary to effectuate the purposes of these Terms and to maintain the maximum scope of these Terms in full force and effect.
Sublicensing or assignments
You agree not to make any assignments or sublicenses with respect to these Terms without first obtaining The Usual Spot's written consent.
The Usual Spot may assign these Terms or The Usual Spot's rights under these Terms in whole or in part at any time under these terms, without your consent and without informing you.
Phew, you made it!
Thanks for reading these Terms all the way through! Good on ya! You may now reward yourself with a cookie, some cake, or an ice-cream cone, if you prefer - you deserve it! (Or not, if you don't want to - it's up to you.)
Just a quick reminder - if you have any questions, concerns, suggestions, complaints or critiques regarding these Terms, we'd love to here from you! You can contact us regarding our Terms via the following email address: email@example.com We want to make sure we're doing a good job, so your contact is welcome.
Providing that you've agreed to and follow the Terms listed above, we hope you enjoy your time at The Askblog List! Toodles!
The Usual Spot team
Last updated 25 June 2014