Effective date: August 17, 2021
Welcome to Blogs.Monster!
These Terms of Use are a binding contract between you and **Blogs.Monster Inc.** (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of Blogs.Monster’s products and services (referred to below simply as “Blogs.Monster”). If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at tos@Blogs.Monster.
Using Blogs.Monster in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use Blogs.Monster. These Terms include everything in this document, as well as those in the Privacy Policy, Publisher Agreement, Content Guidelines, and Copyright Dispute Policy. If you don’t agree to all of the following, you may not use or access Blogs.Monster in any manner.
You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use Blogs.Monster and that your parent or guardian agrees to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).
You may be required to sign up for an account and select a password. You promise to provide us with accurate, complete, and up-to-date registration information about yourself.
First and foremost, **you own what you create**. Any original content you post, upload, share, store, or otherwise provide to Blogs.Monster remains yours and is protected by copyright and any other applicable intellectual property laws. Anything posted, uploaded, shared, stored, or otherwise provided through Blogs.Monster is referred to as a “Post” in these Terms.
Your Posts should not violate someone else’s (including Blogs.Monster’s) rights. Don’t copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content.
In order to display your Posts on Blogs.Monster, and to allow other users to enjoy them, you grant us certain rights in your Posts:
We reserve the right to remove any content from Blogs.Monster at any time, for any reason, in our sole discretion, and without notice.
We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on Blogs.Monster.
To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.
You understand that **we own Blogs.Monster**. These Terms don’t grant you any right, title or interest in Blogs.Monster, or our trademarks, logos, and other intellectual property.
You are responsible for all your activity in connection with Blogs.Monster! Make sure that you use Blogs.Monster in a manner that complies with the law. If your use of Blogs.Monster is prohibited by applicable laws, then you aren’t authorized to use Blogs.Monster.
You agree that you will not contribute any Post or otherwise use Blogs.Monster in a manner that:
Posts posted to Blogs.Monster – including Publisher newsletters – are the sole responsibility of the person or organization from whom such content originated. You access all such content at your own risk. We aren’t liable for any errors or omissions in any Post and you hereby release us from any damages or loss you might suffer in connection with a Post.
Your interactions with organizations and individuals found on or through Blogs.Monster, including payment for Publisher newsletters, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that Blogs.Monster shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Blogs.Monster may contain links or connections to third party websites or services that are not owned or controlled by us. Blogs.Monster has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.
In the event that you have a dispute with one or more other users of Blogs.Monster or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Blogs.Monster.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Blogs.Monster, its licensors, or its suppliers be liable to you or to any other person for:
Blogs.Monster is provided to you on an **“as-is”** basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Blogs.Monster will be uninterrupted or error-free.
Accordingly, we do not:
If you publish newsletters through Blogs.Monster, you are a **Publisher**. If you subscribe to Publisher newsletters, you are a **Reader**. Readers subscribe to newsletters directly through the Publisher’s subdomain on Blogs.Monster.
Blogs.Monster is free to terminate (or suspend access to) your use of Blogs.Monster, or your account, for any reason at our discretion. We will try to provide advance notice, but we may not do so if we determine it would be impractical or unsafe.
Blogs.Monster also allows you to delete your account at any time. If you’d like to delete your account, you can do so from your account page. When you delete your account, any Posts associated with that account will also be deleted. However, any Post that you have made public may remain available.
You agree that some of the obligations in these Terms will be in force even after you terminate your account, including terms regarding payment, liability, ownership, and disputes.
If you have deleted your account by mistake, contact us immediately at tos@Blogs.Monsterinc.com – we will try to help, but we can’t promise that we can recover or restore anything.
Blogs.Monster takes your privacy very seriously. For the current Blogs.Monster Privacy Policy, please click here.
The Children’s Online Privacy Protection Act (“COPPA”)
We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for Blogs.Monster or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible.
We’re always trying to improve Blogs.Monster, so our products and services may change over time. We may suspend or discontinue any part of Blogs.Monster, or we may introduce new features or impose limits. We’ll try to give you notice when we make a material change to Blogs.Monster that would adversely affect you.
We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means. If you use Blogs.Monster in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.
Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Blogs.Monster has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Indemnification:
To the fullest extent allowed by applicable law, you agree to indemnify and hold Blogs.Monster, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to your use of Blogs.Monster or your violation of these Terms.
Assignment:
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law:
These Terms are governed by and will be construed under applicable federal law and the laws of the State of California.
Arbitration and Class Action Waiver:
Any dispute shall be finally settled by arbitration in San Francisco County, California. You and Blogs.Monster Inc agree that all claims against the other can only be brought in an **individual capacity**, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding.
No Third-Party Beneficiaries:
We agree there are no third-party beneficiaries intended under these Terms.
Severability:
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, so that these Terms shall otherwise remain in full force and effect and enforceable.
Entire Agreement:
You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous agreements.
