The 2006 Weblog Awards - Legal Stuff
By using the Weblogawards.org website (also called the "The Weblog Awards" and "site"), you signify your agreement to all of these terms, conditions and notices (the "Legal Stuff"). If you do not agree to the Legal Stuff please do not use this site or any portion of it. We reserve the right, at our discretion, to update or revise this Legal Stuff. Please periodically check the Legal Stuff for changes and revisions, because your continued use of this site following the posting of any changes to the Legal Stuff constitutes your acceptance of those changes.
By submitting comments at The Weblog Awards site or otherwise using any communications features that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content - including text, graphics, software, images, sounds, data or other information - that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a user or commenter name or otherwise violates the website Legal Stuff;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, gender identity and expression, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "Spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity.
- You also agree that you will not harvest or collect information about the blog or site users, or use such information for the purpose of transmitting (or facilitating transmission of) unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 yrs old). Personal information includes but is not limited to name, address, phone number or name of a minor’s school.
The Weblog Awards, itself or through its agents and contractors, has the right, at its sole discretion, to remove any content or blog comment that, in its sole judgment, does not comply with the Legal Stuff, or is otherwise harmful, objectionable, inaccurate or out of place. The Weblog Awards is not responsible for any failure, or delay, in removing such content.
User’s Grant of Limited License
By submitting or posting content or comments to this site, including the blog, you grant The Weblog Awards and its owners, principals, affiliates, subsidiaries and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote such content and comments in any form, anywhere and for any purpose; and you warrant and represent that you own or otherwise control all of the rights to such content and comments and that public posting and use of your content and comments by The Weblog Awards com and its owners, principals, affiliates, subsidiaries and licensees will not infringe or violate the rights of any third party.
THIRD PARTY SITES
This site may link you to other websites on the Internet. While we strive to offer links to websites we think you’ll enjoy and find useful, it is possible that any linked website may contain information or material that some people may find uninteresting, irrelevant, inappropriate or offensive. These other linked sites are not necessarily under the control of The Weblog Awards, and you acknowledge that The Weblog Awards is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any third party linked websites. The inclusion of a link to any such third party site does not necessarily imply endorsement of, or association with, such other website by The Weblog Awards.
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by The Weblog Awards, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from The Weblog Awards is prohibited. In addition, use of the site content or materials for any purpose not expressly permitted is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials, contents, software or design elements on this site is strictly prohibited without the express prior written permission of The Weblog Awards.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us at awards - at - weblogaward - dot - org.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, COMMENTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WEBLOGAWARDS.ORG, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WEBLOGAWARDS.ORG, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ROSIE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WEBLOGAWARDS.ORG’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by The Weblog Awards, you agree to defend, indemnify, and hold harmless The Weblog Awards and its owners, principals, affiliates, subsidiaries licensors and licensees and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. The Weblog Awards reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Weblog Awards in asserting any available defenses.
The Weblog Awards makes no representation that materials on this site are appropriate or available for use in locations outside the United States. Accessing this site from territories where the site contents are illegal is strictly prohibited. Those who choose to access this site from locations outside the United State do so at their own risk and at their discretion, and are responsible for compliance with all local laws.
CHOICE OF LAW AND FORUM
The Legal Stuff shall be governed by and construed in accordance with the laws of the state of Virginia excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Legal Stuff or your use of this site shall be filed only in the state or federal courts located in the state of Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, the Legal Stuff constitute the entire agreement between you and The Weblog Awards with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and The Weblog Awards with respect to this site. If any part of the Legal Stuff is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The Weblog Awards reserves the right, in its sole discretion, to terminate your access to all or any part of this site, with or without notice.