BLOGGRAND PROVIDES THIS WEB SITE (THE “SITE”) TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE “TERMS OF USE”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Bloggrand or its affiliates for products, services or otherwise. Bloggrand reserves the right to change or modify any of the terms and conditions contained in these Terms of Use, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review these Terms of Use and the incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, you must stop using the Site.

1. Privacy Policy

Please refer to the Bloggrand Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users. By using this Site, you expressly acknowledge and agree to the terms of the Bloggrand Privacy Policy.

2. Ownership and Copyright

Except as otherwise indicated, the Site, and all text, images, marks, logos and other content displayed on the Site, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of Bloggrand or its licensors or users and are protected by U.S. and international copyright laws. The Site and all Site Content is © 2016, All Rights Reserved.

3. Trademarks

The name and logos of Bloggrand, and the look and feel of the Site, including all graphics, icons, scripts, page headers, and layouts, are registered and/or common law trademarks and/or trade dress of Bloggrand, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bloggrand.

All other trademarks, registered trademarks, product names and company names or logos mentioned or displayed on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bloggrand.

4. Limited License

Bloggrand grants you a limited, non-sublicensable license to access and use the Site and to view, copy and print portions of the Site Content. Such license is subject to these Terms of Use, and specifically conditioned upon the following: (i) you may view, copy and print portions of the Site Content only for your own personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be marked “© 2016, Bloggrand, All rights reserved.”; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site or the Site Content other than for its intended purpose; and (vii) you may not reproduce, distribute, display, or prepare derivative works from the Site or Site Content, except as provided in these Terms of Use.

Any use of any portion of the Site or Site Content other than as expressly permitted by these Terms of Use, without the prior written permission of Bloggrand is strictly prohibited, will terminate the license granted herein, and may also violate applicable laws, including but not limited to copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use confers any license to intellectual property rights, whether by estoppel, implication or otherwise. Bloggrand may revoke this license at any time.

To request permission for uses of Site Content not included in the foregoing license, you may contact Bloggrand at Bloggrandhelp@gmail.com

5. Indemnity

You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Bloggrand, its parents, subsidiaries, affiliates, officers, directors, employees, agents, vendors and other partners against any liability to any person arising out of your posting or use of Site Content, by your violation of these Terms of Use, or by your violation of any rights of any other person.

6. Hyperlinks

You may not use any registered or common law trademark or service mark of Bloggrand or any logo or other proprietary graphic of Bloggrand to link to the Site without the express written permission of Bloggrand. Further, you may not frame or utilize framing techniques to enclose any Site Content or any Bloggrand trademark, service mark, logo or other proprietary information, without Bloggrand express written consent.

The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Bloggrand does not monitor or control and makes no claim or representation regarding Third-Party Content or Third-Party Sites. Bloggrand provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Bloggrand endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. YOU agree that Bloggrand shall not be liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use or reliance on any such Third-Party Site or Third-Party Content or any goods or services available on, from or through any such Third-Party Site or Third-Party. Bloggrand accepts no responsibility for the quality, content, policies, nature, or reliability of Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

7. Children Online Protection Act Notification

Pursuant to 47 U.S.C. § 230(d), we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://www.parentalguidance.org/ and http://en.wikipedia.org/wiki/List_of_content-control_software.

8. Use of Discussion Forums, Bulletin Boards, and Other Interactive Areas

The Site may contain discussion forums, bulletin boards, or other methods by which you or third parties may post messages, images, or other information on the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

• Any message, data, information, text, music, sound, photos, graphics, code or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
• Content that may infringe any patent, trademark, service mark, trade secret, copyright or other intellectual or proprietary right of any party;
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files;
• Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
• Content that, in the sole judgment of Bloggrand, is objectionable or that restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or that may expose Bloggrandor its affiliates or its users to any harm or liability of any sort.

Bloggrand assumes no responsibility or liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Bloggrand liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Bloggrand is not liable for any statements, representations or other Content provided by its users in any Interactive Area, nor do such statements, representations or other Content represent the views of Bloggrand. Although Bloggrand has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Bloggrand reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason. Should you wish to maintain a copy of any Content you post or store on the Site, you may do so at your own cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Bloggrand systems and customers, or to ensure the integrity and operation of Bloggrand business and systems, Bloggrandmay access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Bloggrand right to disclose any such information shall govern over any terms of BloggrandPrivacy Policy.

9. Rights to User Content

Except as specifically indicated, by posting or distributing Content to or through the Site, you grant Bloggrand and its affiliates (a) a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; and (b) the right to use the name that you submit in connection with such Content.

Further, you represent and warrant that (a) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (b) such Content is accurate and not misleading; and (c) use and posting or other transmission of such Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You further grant Bloggrand the right to pursue at law any person or entity that violates your or Bloggrand rights in the Content.

Content submitted by users is not confidential and Bloggrand is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Bloggrand reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Except as otherwise expressly provided in these Terms of Use, Bloggrandhas no obligation to pay for Content that you submit or for the right to edit, delete or otherwise modify such Content. Bloggrand shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Bloggrand or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Bloggrand, and its licensees, successors and assigns, from any claims that you could otherwise assert against Bloggrand by virtue of any such moral rights.

10. Advertisements and Promotions

Bloggrand may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, parties other than Bloggrand, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Bloggrand is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.Bloggrand does not warrant the accuracy, completeness, or reliability of any information on the Site, including but not limited to product descriptions, prices, and reviews, or the content of any third-party advertisement. Bloggrand provides this Site and the information it contains for informational purposes only. Bloggrand does not endorse any product or service, any merchant, or any reviews or comments regardless of the source.

Bloggrand has no control over the business practices of any third-party merchant, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs between any user of this Site and any third-party merchant. IN THE EVENT OF A DISPUTE BETWEEN YOU AND ANY MERCHANT LISTED OR ADVERTISED ON THE SITE, YOU RELEASE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOGGRAND, ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH BLOGGRAND, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

If you are a California resident, you explicitly waive the rights granted to you under California Civil Code 1542, which provides that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

11. Registration Data; Account Security

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Bloggrand, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Bloggrand.

12. WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING, THE SITE, THE SITE CONTENT AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BLOGGRAND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, AND CONTENT ON THE SITE. BLOGGRAND DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, OR CURRENT, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.

BLOGGRAND IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS IN ANY SITE CONTENT.

WHILE BLOGGRAND ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, BLOGGRAND CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO SELECT, PURCHASE, AND USE SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

13. LIMITATION OF LIABILITY

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST BLOGGRAND, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, OR THE SITE CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT BLOGGRAND HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.

WITHOUT LIMITATION OF THE FOREGOING, NEITHER BLOGGRAND NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE SITE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM BLOGGRAND OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLOGGRAND RECORDS, PROGRAMS OR SERVICES. THE FOREGOING APPLIES EVEN IF BLOGGRAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BLOGGRAND, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BLOGGRAND FOR ACCESS TO OR USE OF THE SITE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Applicable Law and Venue

The Site (excluding any linked Third-Party sites) is controlled by Bloggrand, Inc. and operated by Bloggrand, Inc. from its offices in Massachusetts. While Bloggrand has made no effort to publish the Site elsewhere, the Site is accessible in all 50 states of the United States and in other countries. You and Bloggrand both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Bloggrand explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principles. You agree that any claims you may have against Bloggrand, Inc. arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, covenant not to assert any objection to proceeding in such courts, and you expressly waive any right to proceed in any other court. If you choose to access the Site from locations other than Massachusetts, you will be responsible for compliance with all local laws of such other jurisdiction.

15. Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms of Use, Bloggrand reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) limit, block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.

16. Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

17. Questions and Comments

If you have any questions regarding these Terms of Use or your use of the Site, please submit them to us via email (address listed above).