Terms of use - BlogAly

Greetings and welcome to blogaly.com, which is run by BlogAly and its associated businesses (referred to as “BlogAly,” “we,” “our,” or “us” collectively). The following terms and conditions (referred to as the “Terms of Service”) govern your use of our website, application, related goods, software, data feeds, video players, and services (collectively, the “Service”). You agree to be bound by these Terms of Service and our privacy policy, which is incorporated herein by reference, by accessing or using the Service. Please do not use the Service if you disagree with these terms or the Privacy Policy.

Although we will try to let you know when there are important changes to these terms of use, it is your obligation to check the most recent version on a regular basis. At any moment, we retain the right to change or update these Terms of Service and any associated policies. Your continued use of the Service indicates that you accept these changes and that you will abide by them. Please be aware that third parties are not granted any rights or advantages by these Terms of Service.

Overview of Services – Usage Policy

All users of the Service, including those who submit content (hereafter, “Content”), are subject to these Terms of Service. Content refers to a variety of resources that you can access, view, or participate in inside the Service. These resources include text, software, scripts, images, photographs, sounds, music, videos, interactive features, and more.

Third parties may supply some elements of the Service, including some goods, services, features, functionality, or content. By utilising these features, you understand and agree that we may share information and data with these third parties, with whom we have contracted to provide our users with specific goods, services, features, functionalities, or content.
Links to external websites that are not under our ownership or control may be found throughout the Service. We disclaim any liability for the practices, privacy policies, or content of these external websites over which we have no control. Furthermore, we don’t modify or censor content from third-party websites. You absolve BlogAly of any liability resulting from your usage of websites owned by third parties by using our service. We advise you to review the privacy policies, terms of service, and other information on any external websites you visit.

Accounts and Accounts of Third Parties

You might need to register in order to use certain Service features. Never use another person’s account without getting their permission. It is your obligation to submit accurate and comprehensive information when creating your account. You alone are in charge of everything that happens on your account, and you need to make sure that your password is kept safe. If you believe there has been any unauthorised use of your account or security breach, please notify us right once.

Although you might be held responsible for any losses BlogAly or others suffer as a result of such unauthorised usage, we are not liable for losses originating from unauthorised use of your account.
It could be possible for you to connect your Service account to other people’s accounts on other websites (like Facebook or Twitter). By linking your accounts, you agree that, in accordance with your privacy settings on such third-party websites, your information will continue to be shared with others. Please do not use this function if you do not want to share your information in this way.

Permits and Restrictions for General Service Use

You are authorised by BlogAly to access and use the Service in accordance with these Terms of Service. But you have to abide by the following guidelines and limitations:

Unless we specifically provide channels for such distribution through Service functionality (e.g., an authorised embeddable video player), you undertake not to disseminate any portion of the Service or its Content through any medium without our prior written authority.
You promise not to change or modify the Service in any way.
You pledge not to use any illegal methods or technology to access the Content other than those that we have specifically approved.

You consent to avoid using the Service for any commercial purposes, including but not limited to: without first receiving our written consent.
selling the Service’s access.
Offering sponsorships, promotions, or advertising on the Service or in its Content.

Selling sponsorships, advertisements, or promotions on any page of a website or blog with ads that features content from the Service, unless there is additional non – BlogAly content on the same page that warrants the sale of such items.

Among the prohibited commercial applications are not:

submitting original videos to the Service in order to advertise your brand or creative endeavour.

using a licenced embeddable player to play our videos on a website or blog that accepts advertisements, as long as the advertising guidelines stated below are followed.
any usage that has our express written consent.

If you use an embeddable player on your website, you are not allowed to change, add to, or disable any feature of the player, including backlinks to the Service.

It is prohibited for you to use or launch any automated system, including “robots,” “spiders,” or “offline readers,” that makes use of the Service in a manner that sends more requests to the Service’s servers in a given amount of time than a human user of a standard web browser could reasonably produce in the same amount of time. We do, however, allow operators of publicly accessible search engines to utilise spiders to copy content from the website in order to generate publicly searchable indexes of the content, so long as they don’t store the copied content in caches or archives. Please be aware that we reserve the right to revoke these exclusions, either generally or for certain reasons. It is also forbidden for you to collect or harvest any personally identifying data from the Service, including account names. Furthermore, you should not send any kind of commercial solicitation using the Service’s communication channels (such as comments or email). It is prohibited to contact Service users about their material for commercial gain.
Please observe all applicable laws when using the Service.
Additionally, we are free to discontinue any aspect of the Service at any moment.

How You Utilise Content –

Greeningz is the owner of the content on the service, including trademarks and logos, which are protected by copyright and other legal frameworks.

You are given the content “as is.” If you abide by these Terms of Service, you may access and utilise Content for your personal information as intended through the Service. Downloading content is only permitted if we have given you a specific download link. Without our written approval or the consent of the content’s respective owners, you are not permitted to duplicate, reproduce, distribute, or use the content for any other purposes. All rights not expressly granted to us or our licensors about the Service and Content are retained.

Avoid attempting to get around or tamper with the Service’s security mechanisms or any other features that restrict or prohibit the use of Content.

Using the Service will expose you to Content from different sources. Its accuracy, security, and intellectual property rights are not our concern. You consent to waive any legal claims you may have against us in the event that you view anything that is inaccurate, inappropriate, or offensive. Regarding your use of the Service, you also undertake to defend and indemnify blogaly.com, its owners, operators, affiliates, licensors, and licensees to the extent permitted by law.

About Your Conduct and Content:

As a registered user, you have the capacity to provide Content to the Service, which includes user comments and videos. It’s critical to realise that we are unable to guarantee the privacy of any Content you choose to share.
You are solely liable for your Content and any consequences resulting from submitting and publishing it on the Service. You represent, warrant, and ensure that you have all necessary licences, rights, consents, and authorizations to publish the content you provide by submitting it. In connection with the Service and blogaly.com’s wider business scope, you also grant blogaly.com an expansive, non-exclusive, royalty-free, sublicensable, and transferable licence to use, alter, distribute, create derivative works from, exhibit, and execute the Content. This includes, but is not limited to, promoting and redistributing parts or all of the Service (as well as derivative works thereof) across multiple media formats and through multiple media channels. You also provide each user of the service a non-exclusive licence to access your content through the service, and the ability to use, reproduce, distribute, display, and perform it in accordance with the functionality of the service and these terms of service. After you remove or delete your videos from the Service, this licence for the video Content you provide to the Service is still in effect for a reasonable amount of time. Please be advised, nevertheless, that server copies of your deleted or erased movies might be kept by us for historical reasons. However, the licences you provide for user comments that you submit are irreversible and perpetual.
Additionally, you guarantee that none of the Content you submit to the Service will include third-party copyrighted content or content protected by other third-party proprietary rights, unless you have permission from the content’s legitimate owner or are otherwise legally permitted to post such content and grant us the full range of licence rights specified herein.

Additionally, you consent to refrain from submitting any content or other materials to the Service that violate any relevant local, state, federal, or international laws or regulations as well as these Terms of Service.
It is important to note that we do not support any opinions, suggestions, or advice stated in any Content that users or other licensors provide to the Service, nor do we support any opinions, recommendations, or advice that may be found there. We now explicitly disclaim all liability with regard to the Content. Intellectual property rights violations and copyright infringement are not permitted on the Service. When we are notified in a proper manner, we will delete the infringing content right away. Furthermore, we have the right to delete Content instantly.

Making Use of Communication Services:

Throughout the Service, you might encounter message boards, chat rooms, news groups, forums, communities, calendars, personal websites, and other messaging or communication services intended to help people engage with each other or the general public (collectively, “Communication Services”). By using these Communication Services, you acknowledge that you will only use them to post, send, and receive messages and materials that are pertinent to the particular Communication Service.

For example, and not as a restriction, you agree to abide by the following rules whenever you use a communication service:

Refrain from violating someone else’s legal rights, including their right to privacy and publicity, by defaming, abusing, harassing, stalking, threatening, or in any other way.

It is forbidden to publish, post, upload, distribute, or otherwise make public any content that is offensive, vulgar, slanderous, infringing, obscene, indecent, or illegal in any way.
Uploading files containing software or other content covered by privacy and publicity rights, intellectual property laws, or other legal protections is prohibited unless you have the required ownership or control rights or have gotten the required permissions.
Uploading files that might be infected with viruses, damaged files, or other malware that could endanger the computer of another user is discouraged.

Unless the communication service specifically allows such messages, do not advertise or transact business.
Surveys, competitions, pyramid schemes, and chain letters should not be run or distributed.
If you have knowledge or a good reason to suspect that the sharing of files uploaded by other users is unlawful, do not download them.

Author attributions, legal notices, and other appropriately labelled identifiers indicating the source or origin of software or other items within an uploaded file should not be changed or removed.
Do not impede or restrict the use and enjoyment of the Communication Services by other users.
Respect any additional rules or codes of conduct that might be applicable to a particular communication service.

It is forbidden to gather personal data about people without their permission, including their email addresses.
Observe all applicable laws and rules.

We are not required to actively monitor the Communication Services, so please be aware of that. However, we reserve the right, in our sole discretion, to examine any content posted in these Communication Services and to remove any content. Additionally, we reserve the right, at any time and for any reason, to immediately stop providing you with access to any or all of the Communication Services.

In addition, we maintain the right to modify, reject, or remove information or materials, in whole or in part, in our sole discretion, and to share information as necessary to comply with applicable laws, regulations, legal processes, or governmental requests.

When sharing personally identifiable information about your children or yourself on any communication service, you should always proceed with caution. We specifically disclaim any liability relative to the Communication Services and any consequences stemming from your activity in them. We do not control or endorse the content, messages, or information found in any Communication Service. It is important to understand that hosts and managers are not official BlogAly representatives, and their opinions may not always coincide with BlogAly’s.

Content that is uploaded to a communication service could have limitations on how it can be used, copied, and shared. When uploading content, it is your obligation to abide by these restrictions.

Policy for Terminating Accounts:

At BlogAly, we take a polite and secure online community very seriously when it comes to account termination. If the user is determined to be a repeat offender under the proper circumstances, we shall terminate their access to the Service.

Note that we reserve the right to determine whether Content violates these Terms of Service for purposes other than infringement of copyright. These explanations could include, but are not restricted to, things like graphic material, pornography, or overly long content. As a result, we retain the right to remove such Content whenever we see fit, without warning, and only using our own judgement. In addition, if a user submits something that goes against these terms of service, we have the right to cancel their account.

Our goal at BlogAly is to maintain the values of justice and safety while cultivating a polite and legal online community.

Compliance with the Digital Millennium Copyright Act (DMCA):

The Digital Millennium Copyright Act (“DMCA”) outlines steps you can take if you’re an authorised representative or copyright owner and you have grounds to think that any content violates your copyrights. In order to accomplish this, provide the following written data to our designated Copyright Agent in accordance with 17 U.S.C. 512(c)(3):

a physical or digital signature proving infringement, provided it comes from a designated representative of the copyright holder.
the identification of the allegedly violated copyrighted work. Give a sample list of the copyrighted works that are implicated if there are several on a single web page.
a precise designation of the content that is allegedly infringing or the target of infringement. Make sure you include enough details so the service provider knows where to find the content.

Provide the service provider with your contact details, including your address, phone number, and, if it’s accessible, email address.
a declaration stating that you firmly believe the use of the content in the way that has been complained about is not permitted by the law, the copyright owner, or its agent.
a declaration certifying to the accuracy of the data in the notification and granting you permission to act on behalf of the copyright owner alleging infringement under penalty of perjury.

admin@blogaly.com is our assigned Copyright Agent and is responsible for receiving communications regarding infringement claims.

Copyright concerns are taken seriously at BlogAly, and we will respond to notifications in a timely and appropriate manner in accordance with the DMCA.

Note that the Copyright Agent should only receive DMCA notices. Please contact blogaly.com customer service with any more comments, suggestions, requests for technical assistance, or correspondence. It’s important to understand that your DMCA notification can be deemed invalid if you don’t comply with every condition listed in this Section 9.

You may send a counter-notice to the copyright agent if you think the material in your Content that was removed or had access disabled is not infringing, or if you have permission to post and use the material in your Content from the copyright owner, their agent, or the law. Included in this counter-notice ought to be:

Your signature, digital or tangible.
The content that has been disabled or removed, together with its previous placement, should be identified.

A declaration stating your sincere belief that an error or misidentification led to the removal or disablement of the content.
Your email address, phone number, address, and name.
a declaration accepting the federal court in Los Angeles, California, as its venue.

a declaration that the individual who first informed us of the suspected infringement may serve you with legal documents.

Blogaly.com may send a copy of the counter-notice to the original complainant after it is received, giving them ten business days to either reinstate the removed content or stop disabling it. At our discretion, the withdrawn Content may be reinstated or access to it may be restored within 10 to 14 business days, if not longer, provided that the copyright owner does not file a lawsuit against the member, user, or supplier of the content.

Disclaimer of Warranty:

YOU ACCEPT THAT YOU WILL BE RESPONSIBLE FOR YOUR USE OF THE SERVICES. Blogaly.com, along with its officers, directors, employees, and agents, disclaims all warranties, whether express or implied, with regard to the Services and your use of them, to the maximum extent permitted by applicable law. Regarding the accuracy or completeness of the content on this website or any linked websites, blogaly.com makes no representations or warranties. Blogaly.com disclaims all responsibility and liability for:

(I) Content that contains errors, inaccuracies, or mistakes.
(II) ANY DAMAGE TO PROPERTY OR PERSONAL HARM ARISING FROM YOUR USE OF AND ACCESS TO OUR SERVICES.
(III) Unauthorised use or access to our secure servers, any personal data stored within, or any financial data.
(IV) A TRANSMISSION INTERRUPTION OR CESSATION TO OR FROM OUR SERVICES.
(V) ANY SIMILAR HARMFUL ELEMENTS TRANSMITTED THROUGH OUR SERVICES BY THIRD PARTIES, SUCH AS VIRUSES, BUGS, OR TROJAN HORSES.
The content that is posted, emailed, transmitted, or otherwise made available through the services is subject to errors or omissions, as well as any loss or damage of any kind resulting from using the content.

Neither blogaly.com nor any linked services included in advertisements warrant, approve, guarantee, or assume responsibility for any goods or services advertised or provided by third parties through the services. When you transact with third-party providers of goods or services, blogaly.com will not be involved in the transaction or in charge of keeping an eye on it. JUST LIKE WHEN BUYING A GOOD OR SERVICE VIA ANY MEDIA, YOU SHOULD USE CAUTION AND YOUR BEST JUDGEMENT.

Restrictions on Liability:

Blogaly.com and its officers, directors, employees, and agents shall not be held accountable to you under any circumstances for any direct, indirect, incidental, special, punitive, or consequential damages resulting from:

This liability limitation is applicable in your applicable jurisdiction to the maximum extent permitted by law. You specifically agree that blogaly.com will not be held responsible for any content or the offensive, defamatory, or illegal behaviour of third parties, and that the whole risk of harm or damage resulting from the aforementioned rests with you. Under these terms of service, blogaly.com’s aggregate liability to you will never be greater than the amount you paid to use the service.

Blogaly.com runs its operations and offers the Service from its US-based facilities. Blogaly.com does not guarantee that the Service is appropriate or accessible in other countries. Users who access or use the Service from other jurisdictions do so voluntarily, and they are in charge of adhering to local laws.

Compensation:

You understand and agree that, to the extent allowed by law, blogaly.com, its parent company, officers, directors, employees, and agents will be shielded from and held harmless from any and all claims, damages, obligations, losses, liabilities, costs, or debt, as well as expenses (including legal fees), resulting from:

I. How you utilise and gain access to the Service.
(II) Any infringement by you of the conditions contained in these Terms of Service.
(III) Any violation by you of the rights of a third party, including but not limited to property rights, copyrights, or privacy rights.
(IV) Any allegation that a third party has been harmed by your content.

Throughout your use of the Service and after these Terms of Service have ended, you will be responsible for defending and indemnifying others.

Capacity to Adhere to Service Terms:

You attest to being one of two things:

If a juvenile is:

a) above the age of eighteen;

b) emancipated; or

c) has the legal agreement of their parents or guardians,

and that the agreements, duties, affirmations, representations, warranties, and other things specified in these Terms of Service are something you are fully competent of entering into. Additionally, you attest to your readiness and capacity to follow these terms of service. In any case, you represent that you are at least 13 years old because the Service isn’t intended for anyone younger than 13. Please don’t use the Service if you are less than 13 and ask your parents about suitable websites for your age group instead.

Task:

You understand and agree that neither these Terms of Service nor any rights and licenses granted hereunder may be transferred or assigned. But blogaly.com is free to assign them anyway it sees fit.

General:

You concur that:

(I) The Service is regarded as having its exclusive location in California.
(II) The Service is regarded as a passive website, and in jurisdictions other than California, it does not create personal jurisdiction over blogaly.com.

Without respect to its conflict of laws provisions, the internal laws of the State of California shall apply to these Terms of Service. Irrespective of the principles of conflict of laws that would apply to contracts performed exclusively within Los Angeles County, California, any claim or dispute between you and blogaly.com arising, in whole or in part, directly or indirectly, from these Terms of Service, the Privacy Policy, or your use of the Service, shall be governed by and interpreted in accordance with the laws of the State of California. Both parties irrevocably consent to the exclusive jurisdiction of JAMS Arbitration in Los Angeles County, California, with respect to any such matters, and they renounce all objections regarding jurisdiction, venue, or forum inconvenience.

The entire agreement between you and blogaly.com regarding the Service is included in these Terms of Service, the Privacy Policy, and any other legal notifications that we may publish on the Service. In the event that a court of competent jurisdiction rules that any term in these Terms of Service is illegal, the remaining sections shall remain valid and enforceable to the fullest extent possible. No term in these terms of service that is waived will be deemed waived further or continuously, either for that term or any other term. Any right or provision under these Terms of Service that blogaly.com fails to assert will not be deemed a waiver of that right or provision. It is your obligation to review these Terms of Service for any updates, as we reserve the right to make changes at any time and without prior notice. If these Terms of Service are modified, your continued use of the Service will be interpreted as your agreement to and acceptance of the updated terms. A CLAIM OR DISPUTE ARISING FROM OR RELATING TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR OF THE CLAIM OR DISPUTE ARISING, YOU AND blogaly.com AGREE. A CLAIM OR DISPUTE OF THIS NATURE WOULD BE PERMANENTLY BARRED.