CUSTOMER TERMS OF SERVICE

Last Updated: October 10, 2017

These Customer Terms of Service (these “Customer Terms”) are a legal agreement between you and Turuly, Inc. dba BlogMutt (“BlogMutt”, “we”, “our”, or “us”) governing your access to and use of the BlogMutt’s website (the “Site”) and the online and offline services which BlogMutt agrees to provide to you in connection with the Site (the “Services”). Certain sections of these Customer Terms apply specifically to features and functionality offered by BlogMutt. Those sections do not apply to you unless you sign up for the specific Service to which they relate. 

You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdictions. To register as a user of the Services you must be 18 years or over. In the event that you are agreeing to these Customer Terms on behalf of a third party entity, you represent and warrant that you have sufficient right to bind such third party to these Customer Terms, in which case, all references to “you” in these Customer Terms shall be references to such third party.

BY CLICKING [I AGREE], OR BY OTHERWISE ACCESSING THE SITE OR USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THESE CUSTOMER TERMS.

In the case of inconsistencies between these Customer Terms and information included in any other materials related to the Site or the Services (e.g., promotional materials), these Customer Terms will always govern and take precedence.

  1. Definitions. 

1.1    “Agency” means a Customer that uses the Services to provide Content Posts for its clients and when registering its Account has identified itself as an Agency.

1.2    “Content Post” means an original Submission that is selected for publishing.

1.3    “Credit” means the number of Content Posts available to be selected for publishing.

1.4    “Submission Request” means a request by you for a Submission.

1.5    “Provider” means a third party that prepares and submits Content Posts in response to a Submission Request.

1.6    “Submission” means a writing prepared by a Provider for you or, if you are an Agency, prepared for your customers.

1.7    “Third Party Content” means any content that you request to be provided in connection with a Content Post that is owned by a third party.

  1. Services.

(a)    Description. BlogMutt provides a platform through which you can request that Providers prepare and submit original Submissions that relate to you, your business, or the topics that you’ve requested. You may select certain Submissions to be published. Further, BlogMutt may select certain Submissions to be published on your behalf if: (a) you have authorized BlogMutt to do so in connection with a particular service offering such as a scheduled plan or a managed service offering, (b) if you are unresponsive to Submissions, following notice, or (c) if you have used a Submission, in whole or in part, without affirmatively selecting the Submission for publishing. All Submissions selected for publishing, by you or by BlogMutt on your behalf, are referred to as Content Posts.

2.2    Feature Specific Terms. Depending on the particular Services you have selected to receive, the Services may include additional features and services such as:

(a)    +Photo: you will receive photo(s) for each Content Post based on plan specifics as listed on the Site. BlogMutt does not guarantee the availability of specific photos or types of photos. BlogMutt is not responsible for providing substitute photos if our offerings are not suitable for your needs. Photos provided will constitute Third Party Content (defined below).

(b)    +Optimize: Content Posts will be published by BlogMutt. You are responsible for entering and maintaining up-to-date publishing credentials for the site on which Content Posts are to be published. If no credentials are present, BlogMutt will not be responsible for optimizing or publishing Content Post. BlogMutt agrees only to make changes to your site as necessary to provide the Services. BlogMutt will use best efforts to maintain the security and confidentiality of login credentials for your site, but is not liable for unauthorized access to the site. Customers using this plan will also need to abide by all terms applicable to +Photo.

(c)    BlogMutt Complete: BlogMutt will manage your content needs as specified on this Site. BlogMutt will select Content Posts for publishing in coordination with Customer. However, if Customer is unresponsive to BlogMutt communications within a reasonable amount of time, Content Posts will be selected for publishing and delivered to the Customer without Customer input. Customers using this plan will also need to abide by all terms applicable to +Photo and +Optimize.

2.3    Credits. Your ability to place Submission Requests and to purchase Content Posts is based on the number of Credits you have accumulated. You may purchase a single Content Post for each Credit you have accumulated. The number of Credits you accumulate depends on the Services you have selected. Unused Credits expire upon termination or expiration of the applicable Subscription. Further, BlogMutt may expire unused Credits at any time upon ninety (90) days prior written notice.

2.4    Content Posts; Ownership. BlogMutt requires that all Submissions be original works of authorship. You may have the ability to select Content Posts from multiple Submissions. Subject to your compliance with these Customer Terms upon selecting a Content Post for publishing through the Site, Provider grants to you all of its right, title, and interest in and to such Content Post (exclusive of Third Party Content requested by you). It is your responsibility to review and request edits on all Submissions before purchase. When you select a Content Post from a Provider or when a Content Post is selected on your behalf, you are contracting directly with the applicable Provider for the Content Post. Except as expressly set forth in these Customer Terms, BlogMutt makes no representation or warranties with respect to any Content Post. BlogMutt does not endorse any Provider Submissions and expressly disclaims any and all liability in connection with such Submissions. You understand and agree that you have no right, title, or interest in any Submission until it is selected as your Content Post. You may not publish, disclose, distribute, access, or otherwise attempt to use a Submission prior to it being selected for publishing except that you may access and review the Submission for purposes of determining whether to purchase the Submission or to request changes to the Submission. Your publication, disclosure, or distribution of a Submission, in whole or in part, prior to selecting it as your Content Post will constitute your purchase of the Submission as your Content Post and may subject your Account to immediate termination, in BlogMutt’s discretion.

2.5    Third Party Content. To the extent that BlogMutt provides Third Party Content in connection with a Content Post, you agree to be bound by the terms and conditions applicable to the Third Party Content and agree to indemnify BlogMutt from and against any claim, action, or demand arising in connection with your violation of the same. BlogMutt will not include any Third Party Content in any Content Post without your request.

2.6    Non-Circumvention; Non-Solicitation. For the period during which you maintain an Account with BlogMutt and have a right to use the Services, and for a period of two (2) years thereafter (“Restricted Period”), you will not directly or indirectly solicit, induce, or attempt to induce any Provider to terminate or alter his or her relationship with BlogMutt. You further agree that during the Restricted Period you will not, directly or indirectly hire or attempt to hire, as an employee, contractor, or otherwise, any individual who is, or during the preceding twelve (12) months  was,  a  Provider. Because the harm to BlogMutt would be exceedingly difficult to determine in the event of a breach by you of the foregoing restriction, the parties agree that, in the event of such a breach, you shall pay to BlogMutt, as liquidated damages and not as a penalty. The penalty for each violation of this Section is the greater of: (a) $5,000 or (b) the annualized price of BlogMutt’s highest Subscription level for the Services

2.7    Availability. BlogMutt uses reasonable efforts to ensure that the online features of the Services are available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of BlogMutt. BlogMutt will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of BlogMutt. You agree that BlogMutt shall not be liable to you for any unavailability, modification, suspension or discontinuance of the Service. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.

2.8    Registration. You may access certain online features of the Services by registering an account on the Site (your “Account”) and signing up for one or more subscriptions for the Services (each a “Subscription”). You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You agree that  the information that you provide to BlogMutt about yourself upon registration of your Account, and at all other times, (“Customer Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. BlogMutt reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify BlogMutt immediately at support@blogmutt.com.

2.9    Site License. Subject to these Customer Terms, BlogMutt grants you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Site and Services. This license is exclusive to you and you may not sublicense the use of the Site. BlogMutt expressly  retains  all  ownership  rights,  title and interest in and to all aspects of the Site, including, but not limited to any software or technology enabling the Site or Services and all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary  rights  included  or  embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality,  trade  secret,  trademark  or  copyright  encoded  or  embodied  in  the  Site  or displayed by, on, or in the Site. You may use the Site only while these Customer Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of your agreement to these Customer Terms for any reason.

  1. User Content and Submissions.

3.1       Copyright in Your Content. In connection with your access to, or use of, the Site or the Services, you may have the opportunity upload to the Site certain information, data, text, photographs, graphics, messages, or other materials (collectively “Content”). For example, you may be provided the opportunity to submit specific images or text to be included in Content Posts. BlogMutt does not claim ownership rights in any such Content that you make available. By submitting your Content and accepting the consideration set forth in these Customer Terms, you unconditionally grant to BlogMutt and each applicable Provider a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Content, to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format in order to provide the Services. As between you and BlogMutt, you remain the owner of all Content that you make available in connection with the Services. You represent and warrant to BlogMutt that you are the owner of the copyright to the Content or that you have written permission from the copyright owner to use such Content. In addition, you warrant that all moral rights in any Content have been waived. You agree to indemnify and hold BlogMutt, its directors, officers, employees, and shareholders, and each Provider harmless for any violation of this provision and from any claim, action, or demand arising in connection with BlogMutt’s or a Provider’s use of the Content as permitted in this Section.

3.2       Review of Content and Materials. BlogMutt reserves the right to remove, delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable.

  1. Pricing and Payment. The fees for the Services are posted on the Site. Fees are subject to change without notice. You agree to pay BlogMutt in advance the applicable fees for the Services provided by BlogMutt under these Customer Terms. BlogMutt will bill for all fees using the payment method you’ve selected on your Account. You will provide BlogMutt with accurate and complete billing information including legal name, address, telephone number, and credit  card,  debit  card,  ACH,  and/or PayPal billing information as applicable. If any such information is false or fraudulent, BlogMutt reserves the right to terminate your use of the Services and your access to the Site in addition to seeking any other legal remedies. BlogMutt is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by BlogMutt. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Site. BlogMutt’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on BlogMutt’s income. You understand and agree that the Services will renew on a periodic basis (i.e. monthly, annually, etc.), and BlogMutt may charge you for each such renewal without notice unless you terminate your Subscription as provided in these Customer Terms.
  1. Refunds. BlogMutt will provide a refund of fees paid for the Service if all of the following are true:

(a)     You cancel your Account within thirty (30) days of registration;

(b)     You have not selected any Content Posts in any manner;

(c)      You request a refund within thirty (30) days of registering your Account;

(d)     You have not previously cancelled an Account;

(e)     You have not used the Service under any other Account during the thirty (30) days preceding your request for a refund; and

(f)      You have not incurred additional charges from BlogMutt beyond initial payment of fees;

Refunds will not be given for more than one Subscription per Account. Refunds will not be given on any add-on plans or services. No refunds will be given for Content Posts purchased even if not published. BlogMutt is not responsible for a lack of Submissions or for Submissions not meeting your needs.

  1. Third Party Software and Linking. Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the  respective  terms  and  conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. BlogMutt makes no warranty with regard to the products or websites of any other entity. BlogMutt has no control over the content or availability of any third-party software or website. In particular, (a) BlogMutt makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) it is your responsibility to become familiar with any web site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
  1. Suspension and Termination. BlogMutt reserves the right to suspend or terminate your access to and use of the Site and Services, at any time, without notice, for any reason, including but not limited to (a) your breach of these Customer Terms, or any other policies or guidelines set forth by BlogMutt, or (b) Conduct that BlogMutt believes is harmful to other users of the Site or Services, or the business of BlogMutt or other third party information providers. Further, you agree that BlogMutt shall not be liable to you or any third party for any termination of your access to the Site or Services. BlogMutt reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that BlogMutt shall not be liable to you or to any third party for any modification,  suspension  or  discontinuance  of  the  Services.  You  may  terminate  your Subscription at any time by as provided on the Site, in which case such termination shall be effective at the end of the then-current Subscription term. Customer maintains responsibility for canceling any Subscription or Account through the BlogMutt Site. Upon termination all of your rights to use the Site and Service shall immediately cease. BlogMutt has no obligation to refund any amounts paid by you upon termination of your Account or any Subscription.
  1. Privacy. BlogMutt respects the privacy of is users. BlogMutt collects, uses and discloses information about you in accordance with the BlogMutt Privacy Policy, which can be viewed by clicking on the “Privacy” link that appears at the bottom of each page of this Site or by visiting https://app.blogmutt.com/pages/privacy_policy (“Privacy Policy”). You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to confidential information. Accordingly, BlogMutt cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the Internet.
  1. Disclaimer of Warranty. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AVAILABLE THROUGH THE SITE INCLUDING THE CONTENT POSTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. BLOGMUTT EXPRESSLY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH  IN  THESE  CUSTOMER  TERMS,  WHETHER  EXPRESS  OR  IMPLIED,  WITH RESPECT TO THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  BLOGMUTT  MAKES  NO  WARRANTY  THAT  THE  SITE  OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE SITE OR OUR SERVERS OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. NO ADVICE OR INFORMATION GIVEN BY BLOGMUTT, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
  1. Rules of Conduct.   You agree that, at all times, you will comply with the Customer Code  of  Conduct  available  at  https://app.blogmutt.com/pages/customer_code_of_conduct, which is incorporated into a made a part of these Customer Terms of Services. You understand that we cannot and do not assure that other users are or will be complying with the Customer Code of Conduct or any other provisions of these Customer Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
  1. Proprietary and Privacy Protection for Other Users’ Content on the Site. BlogMutt hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. BlogMutt is unable to provide you with permission to copy display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Site. BlogMutt has the absolute right to terminate your account or exclude you from any Site if you use our Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold BlogMutt harmless for any violation of this provision.
  1. Indemnity; Limitation of Liability.

12.1        You agree to indemnify, and hold BlogMutt, its officers, directors, employees, agents, and  Providers  harmless  from  and  against  any  claims,  liabilities,  damages,  losses,  and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Site or Services; (b) your violation of these Customer Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; or (d) any claim that your use of the Site or Services caused damage to a third party.

12.2          YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITE OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BLOGMUTT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF BLOGMUTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICES, FROM ANY CHANGES TO THE SITE OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE  USE  OF  THE  INTERNET  AND  SOFTWARE  PRODUCTS,  AND  YOU  AGREE  TO ASSUME   RESPONSIBILITY   FOR   ANY   HARM   OR   DAMAGES   OF   ANY   KIND   OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF OR YOUR ORGANIZATION IN YOUR USE OF THE SITE AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.

12.3      IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES OR WITH ANY OF THESE CUSTOMER TERMS, OR FEEL BLOGMUTT HAS BREACHED THESE CUSTOMER TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. THE TOTAL LIABILITY OF BLOGMUTT TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE CUSTOMER TERMS OR USE OF THE SITE OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IT IS THE INTENTION OF YOU AND BLOGMUTT THAT THIS PROVISION BE CONSTRUED AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

12.4          SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. General.

13.1       Modification. BlogMutt may modify these Customer Terms at any time. Modifications become effective immediately upon your first access to or use of the Site or Services after the “Last Updated” date at the top of these Customer Terms. In addition, we will use commercially reasonable efforts to notify you of any material changes to these Customer Terms by email sent to the address you have provided to BlogMutt for your Account or by a notice posted on the Site. Your continued access to or use of the Site or Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Customer Terms. If you do not agree with the modifications, do not access or use the Site or Services.

13.2    Applicable Law and Dispute Resolution. These Customer Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that BlogMutt has not adhered to these Customer Terms, please contact us by e-mail at support@blogmutt.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and BlogMutt are unable to reach a resolution to the dispute, you and BlogMutt will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND BLOGMUTT AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN BLOGMUTT AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND BLOGMUTT  ARE  EACH  WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and BlogMutt otherwise agree in writing, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Services or these Customer Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.

13.3     No Resale of Services. Except as expressly permitted in these Terms, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site or use of the Services.

13.4          Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and BlogMutt or any Provider as a result of these Customer Terms or use of the Site or the Services.

13.5         Enforcement. If any legal action is brought to enforce these Customer Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party; provided, however, that such recovery is to be proportional to the amount of claims on which the party actually prevailed in relation to the total amount of claims alleged, pursued, or brought by that party.

13.6         Force Majeure. BlogMutt will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond BlogMutt’s reasonable control.

13.7        Waiver. The failure of BlogMutt to enforce any right or provision in these Customer Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by BlogMutt in writing.

13.8      Construction. The headings of Sections of these Customer Terms are for convenience and are not to be used in interpretation.

13.9           Contact. BlogMutt is located in Boulder, Colorado. Any questions, comments or suggestions, including any report of violation of these Customer Terms should be provided to the Administrator as follows:

By E-mail:                  support@blogmutt.com

By Postal Mail:           5353 Manhattan Cir., Ste. 200, Boulder, CO 80303

13.10  Entire Agreement. These Customer Terms constitute the entire agreement between you and BlogMutt and govern your use of the Site and the Services, superseding any prior agreements between you and BlogMutt. The failure of BlogMutt to exercise or enforce any right or provision of these Customer Terms shall not constitute a waiver of such right or provision. If any provision of these Customer Terms is found by a court of competent jurisdiction to be invalid, you and BlogMutt nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Customer Terms shall remain in full force and effect.

 

 

CODE OF CONDUCT 

This Code of Conduct is a part of the Customer Terms of Service governing your access to, and use of, the Services provided by BlogMutt. Capitalized terms used but not disclosed in this Code of Conduct have the meaning provided in the Customer Terms of Service.

The Services are designed to assist you in maintaining your desired online presence and require your active participation and management. You agree not to misuse the Services or help or encourage any other party to misuse the Services. For example, and without limitation, you may not:

  • attempt to engage with any Provider outside the scope of the Site and Services;
  • interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network;
  • breach or otherwise circumvent any security or authentication measures;
  • attempt to acquire content that breaches these Terms or encourages a Provider to violate Provider Terms;
  • publish content acquired from the Site without officially selecting that content for publishing;
  • sell the Services unless specifically authorized to do so as an Agency;
  • distribute, upload, or otherwise make available any Content or other materials that: (a) are defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) are bigoted, hateful, or racially or otherwise offensive; (c) are illegal or encourage or advocate illegal activity; (d) infringe or violate the rights of any party (e) are violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (f) harm or can reasonably be expected to harm any person or entity;
  • adapt, modify or reverse engineer any portion of the Services or the Site;
  • use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;
  • disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;
  • encourage conduct in connection with the Services that would constitute a criminal or civil offense;
  • violate any applicable federal, state, local or international law or regulation;
  • exploit any person;
  • submit false or misleading information to BlogMutt or other users;
  • engage in any other activity deemed by BlogMutt to be in conflict with the spirit of the Customer Terms, the Privacy Policy or this Code of Conduct; or
  • attempt to do any of the foregoing or encourage or enable any third party to do any of the foregoing.