Terms of Service
BlogMutt Terms Of Service
When you log in to BlogMutt with your BlogMutt User Account you are agreeing to the following terms and conditions ("Agreement"). If you do not agree, you must cease using the website and the related services.
IMPORTANT -- READ THIS CAREFULLY BEFORE LOGGING IN AND USING THE SERVICES.
This is a legal agreement between Turuly, Inc., (doing business as BlogMutt) ("BlogMutt") and you as a user of the service either as a customer ("Customer") or a writer creating custom content ("Provider").
BlogMutt operates a web site, blogmutt.com (the "Web Site") that is a platform for content-related contests designed to assist Customers by providing them original blog content created by the Providers. Your use as either a Customer or a Provider is governed by this Agreement.
BlogMutt reserves the right to update, change, or modify content on the Web Site and this Agreement from time to time without prior notice. Any new features that augment or enhance the Web Site shall be subject to the Agreement. Continued use of BlogMutt after any such changes shall constitute your consent to such changes.
BlogMutt is not liable to you or any third party for any price modification, price change, suspension, or discontinuance of the Web Site.
You agree that you:
• are responsible for your own use of BlogMutt;
• are responsible for the use of BlogMutt by anyone with whom you share your login;
• are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have access to your account).
Agreement Between Providers And Customers.
By registering as a user, you acknowledge and agree that you contract directly with other users to buy or sell blog posts. By submitting entries to a Customer’s description of requirements, Providers agree that if their blog post is selected by a Customer, they enter into a binding agreement with that Customer, whereby Provider will transfer ownership of the selected blog post to Customer in exchange for payment to Provider to be paid by Customer (via BlogMutt).
Upon payment, the entry contributed by Provider shall be considered a "work-made-for-hire" as defined by the copyright laws of the United States and as protected by the Berne Convention for the Protection of Literary and Artistic Works. Customer shall be the sole and exclusive owner and copyright proprietor of all rights and title in and to the entry and Provider hereby irrevocably transfers all right and title under such works-made-for-hire to Customer. If for any reason the entry is determined at any time not to be a "work made for hire," Provider hereby assigns to Customer all rights to such entry, including but not limited to all other copyrights.
BlogMutt provides a platform on which Customers can request that Providers enter a weekly contest to produce blog posts written specifically for that Customer. In providing this online venue, BlogMutt does not source or deliver services or content.
BlogMutt does not endorse any Provider-submitted content to the Web Site. BlogMutt expressly disclaims any and all liability in connection with content submitted by Providers.
The Customer only gains rights to the content produced by the Provider working on the Customer's weekly contest when the Customer selects the Provider's work for that week's contest, or elects to pick that content and pays for it in addition to the posts provided within the monthly subscription. Until such time, Customer holds no rights to the content produced and is not allowed to use, in any form or manner, content that has not been selected.
Customer agrees to select the winning entry in a timely manner. If Customer fails to select a winning entry, Customer agrees that BlogMutt may select the winning entry and pay the award(s) on behalf of Customer.
Customers agree to work with BlogMutt Providers exclusively on the BlogMutt platform, and not to make any attempts to recruit them outside of the BlogMutt platform.
If Customer subscribes to the Picture It add-on service, Customer grants BlogMutt the authority to obtain pictures from iStock on Customer's behalf and Customer agrees to be bound by the terms and conditions of the iStock Content License Agreement located on the iStock website.
A valid credit card is required for paying accounts. The subscription is monthly and is billed monthly. All charges are in U.S. dollars.
BlogMutt service is a flat fee per month. Payment is made in advance.
One month after the customer first signs up, and on that day for each month thereafter, the Customer's credit card will be billed the flat fee for the upcoming month. If the Customer does not cancel his or her account before the day of the month that he or she first signed up, BlogMutt will charge the Customer's credit card for the next one-month period.
Prices for all Services, including, without limitation, the monthly subscription plan fees to BlogMutt, are subject to change upon 30-days notice. Such notice may be provided at any time by posting the changes on this site. Such price increase shall not affect, however, those Customers who have pre-paid for such period, and shall only take effect at the time of the monthly renewal.
All subscription payments are exclusive of state and local sales and other taxes, levies, and duties, and Customers shall be responsible for payment of all such taxes, levies, and duties, excluding only federal and state income taxes imposed within the United States.
If a Customer wishes to cancel an account, he or she can do so from the Subscription Info page on BlogMutt.
BlogMutt reserves the right to deactivate any Username/Password combination that is used in breach of this Agreement.
BlogMutt may change or discontinue any part of this Service, without notice, at any time, at BlogMutt's sole discretion.
Refund And Credit Policy
BlogMutt will provide a refund for the full subscription price to a Customer if his or her account meets ALL of the following conditions:
- The Customer cancels his or her subscription within the first 30 days of signup
- The Customer does not publish any BlogMutt posts to the Internet and does not re-purpose the posts for any reason
- The Customer explicitly requests a refund, via email, to firstname.lastname@example.org
- The Customer does not have any other canceled or expired subscriptions
- The Customer has not used BlogMutt for any accounts prior to the past 30 days
- The Customer has not incurred any additional charges from BlogMutt, after the initial invoice
Refunds will not be given for more than one subscription per account. Refunds will not be given on any add-on services: Publish It, Picture It, Professionalize It, etc.
All sales are final for subscriptions active for more than 30 days.
It is the Customer’s responsibility to review and request edits on all content before purchasing that content. If the Customer is dissatisfied with the content after it is purchased, he or she is entitled to a one-time only credit.
If the Customer does not receive enough submissions to fill his or her subscription in a given week, the Customer’s account will be credited automatically, and he or she will be owed the deficit the next week.
BlogMutt provides a platform on which Providers can write original content for Customers through a weekly contest in which the Customer is the sole determiner of the content selected.
The Customer only gains rights to the content produced by the Provider working on the Customer's weekly contest when the Customer selects the Provider's work for that week's contest, or elects to pick that content and pays for it in addition to the posts allotted per week provided within the monthly subscription. Until such time, Provider holds all rights to the content produced. (However, as a practical matter, the Provider should not submit content produced for publication in any other forum because the Customer is buying exclusive rights to the content and the Provider would be responsible for withdrawing that content from any other publication, contest, or web site. If, after a reasonable amount of time, a Customer has not accepted or rejected a post, a Provider can request from BlogMutt that the content be withdrawn from consideration to publish with another client within BlogMutt, or on some other platform.)
Providers agree that upon transfer of ownership of a selected blog post to the Customer, the Customer will be the exclusive owner of the content and Providers will have no rights to link to, post, or use the content of a selected blog post in any medium for any purpose.
Providers agree to work with BlogMutt Customers exclusively on the BlogMutt platform, and not to make any attempts to provide work product for them outside of the BlogMutt platform.
All content submitted to the BlogMutt Web Site must be original writing, created exclusively by the Provider. Any violation of any other intellectual property right holder or of any practices not consistent with providing all-original written content, at the sole discretion of BlogMutt, is grounds to terminate this Agreement and withhold all payments due to the Provider.
All work on the BlogMutt platform is confidential. It is a violation of this agreement to publish in any manner the names and/or any other details of Customers, other Providers, members-only information from the Web Site (including this Terms of Service), or any other proprietary information.
Providers must reside in the United States Of America and legally be able to do contract work for pay here. Exceptions may be made only for Active Duty U.S. Military and/or their immediate family.
Conditions Of Independent Contractor Status For Providers
As a Provider, you can work whenever, wherever and however you want.
You will get no training in the core part of the job, writing. (BlogMutt will provide some training in how to use the BlogMutt platform, but it's optional for you to look at that training.)
BlogMutt will never require that you attend a meeting.
BlogMutt will not edit your work except in special exceptions when requested by you as the Provider, or the Customer. BlogMutt will not make your work product something that becomes property of BlogMutt. Your work remains yours until it's purchased by a Customer, at which point the Customer owns it. BlogMutt has no control over which posts you submit to the BlogMutt Web Site or which posts get picked by Customers.
You do not need to be present in person at BlogMutt facilities or offices, or at any other place designated by BlogMutt at any time for any reason at all.
While BlogMutt will attempt to make it easy for you to use our blogging tools, there will not be any BlogMutt staff available to assist you exclusively.
You have no continuing relationship with BlogMutt. You can come back to write as often as you like, but each time you choose to write a post you are electing to provide services under a one-time instance of this agreement.
You are free to work for any other company at any time. You are also free to market yourself independently.
You can create posts in any order you like, using whatever methods you like.
You will never be required to submit any reports about your work.
You will only be paid for each post accepted by a Customer. You will never get paid by the hour, week, or month.
You will never be able to ask for, and BlogMutt will never pay you for, travel or business expenses.
You will never get any tools from us for writing, such as computers, books, etc. The only tool you will get from BlogMutt is the blogging platform.
BlogMutt will never reimburse you for money you spend on the other tools you need, such as a computer, an office, etc. It's possible that you could realize a net loss by having expenses greater than your income.
Because this isn't a job, you can't be fired. If you violate any of this Agreement, or if you submit an unusually high number of posts that are rejected by customers, BlogMutt may discontinue your privileges of using the BlogMutt platform.
BlogMutt provides a tool for the Provider to invoice BlogMutt for work done on behalf of Customers. It is the Provider's responsibility to submit those invoices for payment. If a Provider becomes inactive on the BlogMutt Web Site for 180 days or more, BlogMutt may declare that Provider account to be inactive. If a Provider account is inactive, BlogMutt has no obligation to pay that Provider.
Each time you write a post, you are entering into this Agreement to provide services. If you break that Agreement by, for example, using copyrighted material, you will be in violation of the Agreement, and BlogMutt may terminate your privileges of using the BlogMutt platform.
Additional Provisions For All Users:
This Web Site and the content within the Web Site are the property of BlogMutt and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Web Site are the exclusive property of BlogMutt. BlogMutt reserves all rights in the Web Site and its content not specifically granted in any agreements with BlogMutt.
BlogMutt respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow this notice:
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act
If you believe that you hold a claim of copyright infringement against BlogMutt, submit notice of your claim to [email protected]
The notification of your claim of copyright infringement should be written and should include the following:
1. A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
2. A statement, under penalty of perjury, that the information in the notification is accurate.
3. Your signature. (The signature may be either physical or electronic.)
4. The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)
5. Identification of the material that you claim to be infringing and information reasonably sufficient to permit BlogMutt to locate the material.
6. Information reasonably sufficient to permit BlogMutt to contact you, including your address, telephone number and an e-mail address. You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.
7. A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Trade marks, graphics, logos, page headers, button icons, scripts noted on the Web Site are BlogMutt service marks, trademarks and trade dress and are the sole and exclusive property of BlogMutt. BlogMutt service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits BlogMutt and in connection with any service or product that is not sponsored, endorsed or produced by BlogMutt.
No BlogMutt content can be copied, publicly displayed, modified, sold, licensed or distributed in any way without BlogMutt's prior written consent.
All other trademarks not owned by BlogMutt or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BlogMutt.
Ability to Use Site
In order to access the BlogMutt Web Site, you must be 18 years of age or older. (If you are under 18, you may use Blogmutt only with involvement of a parent or guardian.) You must first obtain a Username/Password combination registering on the web site. You must then log on to the BlogMutt web site using the Username/Password combination. Failure to do so will breach this Agreement. (When logging in, you may check a checkbox below the login form allowing you to bypass the login form on subsequent logins for a period of time.)
Representations and warranties
You represent and warrant that you:
• are at least 18 years of age (if you are under 18, you may use the Web Site only with involvement of a parent or guardian);
• are human. Accounts registered by "bots" or other automated methods are not permitted;
• will not sue the service for any illegal or unauthorized purpose;
• will not, in the use of the Web Site, violate any applicable federal, state or municipal laws or regulations;
• understand that the technical processing and transmission of the Web Site, including your content (including blog posts) may be transmitted unencrypted and involve (a) transmission over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks and devices; and,
• will not, in the use of the Web Site, plagiarize, violate or otherwise infringe upon the trademark, copyright, or any other rights of any person, firm or entity, expressly including libel, slander or invasion of rights of privacy, publicity or "moral rights (droit moral)".
You are responsible for maintaining the confidentiality of your Username/Password combination.
You are responsible for all usage or activity of your BlogMutt account and the Username/Password combination that accesses it. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
As a user, you understand that you may not (i) obtain a BlogMutt Username/Password combination for use by a person under 18 years of age, except in the case of a parent or guardian doing so for someone under 18 in their care; (ii) modify, adapt or hack BlogMutt or modify another website so as to falsely claim or imply that it is associated with BlogMutt; (iii) reproduce, duplicate, copy, sell, resell or exploit any portion of BlogMutt, the BlogMutt Web Site; (iv) verbally, physically, or otherwise abuse (including threats of abuse or retribution) any BlogMutt Customer, Provider, employee, member or officer; (v) upload, post, host, or transmit unsolicited email, SMSs, or spam messages; (vi) transmit worms or viruses or any code of a destructive nature; (vii) sell, loan or otherwise transfer your BlogMutt Username/Password combination to any third party; or, (viii) use the Picture It add-on service in any manner that violates the terms and conditions of the iStock website. To do otherwise is a breach of this Agreement.
You are granted a nonexclusive, non-concurrent, non-transferable, limited license to access BlogMutt. Your responsibility extends to all activity and use under any Username/password combination that you use.
You may use the BlogMutt software provided only via www.blogmutt.com. You may not download, copy, reuse or distribute that software.
BlogMutt reserves the right to monitor use of the Web Site to ensure compliance with this Agreement. If it is determined you are not in compliance with this Agreement, BlogMutt reserves the right to take appropriate action including, but not limited to, suspension or termination of your account.
Limited Warranty/Limitation of Liability/Etc.
You understand that BlogMutt uses third party vendors for hardware and the hosting of BlogMutt.
Your use of BlogMutt is at your sole risk. BlogMutt is provided on an "as is" and "as available" basis. You understand that BlogMutt uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run BlogMutt.
BlogMutt does not warrant that (i) the Web Site will meet your specific requirements; (ii) the Web Site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Web Site will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through this the Web Site will meet your expectations; and, (v) any errors in the Web Site will be corrected.
Due to the number of sources from which information on the Web Site is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Web Site. BlogMutt disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information accessed through the Web Site. BlogMutt disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material
BlogMutt is provided on an "as-is", "as available" basis. BlogMutt, its affiliates, agents, and licensors, cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability, or fitness for a particular purpose of the information available through the service, or the service itself. Neither BlogMutt, nor any of its affiliates, agents, or licensors, shall be liable to the subscriber or anyone else for any loss or injury caused in whole or in part by its negligence or contingencies beyond its control in delivering the service and any information through the service. In no event will BlogMutt, its affiliates, agents, or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such information, or for direct, consequential, special or similar damages, even if advised of the possibility of such damages. As a user, you agree that the liability of BlogMutt, its affiliates, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort, negligence or otherwise), in any way connected with the service or the information in the service, shall not exceed the amount that you paid for use of the service.
You agree to defend, indemnify, and hold harmless BlogMutt, its employees, attorneys, and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Web Site or any hyperlinked web site or (ii) resulting from your violation of any of your representations, warranties or obligations under this Agreement.
Should you breach this Agreement, BlogMutt will revoke your license to use the Service, suspend your right of access and deactivate your Username/password combination. In such a case, no portion of your payment will be refunded. Should BlogMutt decide to suspend the subscription service for any reason other than breach, it will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.
This Agreement is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding access to and use of the Web Site by a Contributor or a Customer. This Agreement will be governed by the laws of the State of Colorado.