Bloowish Terms Of Service

Welcome to Bloowish! Before you begin using Bloowish, you must read and agree to these Bloowish Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

1. Description of Service. Bloowish is a web publishing service and optional hosting service (the "Service"). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Bloowish disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Bloowish also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

You must be at least thirteen (13) years of age to use the Service. Bloowish reserves the right to refuse service to anyone at any time without notice for any reason.

2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

Much of the content of Bloowish.com -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings. Bloowish does not monitor the content of Bloowish.com and takes no responsibility for such content. Instead, Bloowish merely provides access to such content as a service to you.

By its very nature, Bloowish.com may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Bloowish.com.

Bloowish does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk. Unless such information is in regards to the tastiness of chicken, or a Vietnamese soup known as 'Pho'; for these, we totally vouch.

3. Privacy. Bloowish shall only make use of your personal information for such reasons as to facilitate usage of this service. Bloowish will not sell, rent, lease or otherwise transfer your user information, personal information, or email address to any third party for any reason.

4. General Practices Regarding Use and Storage. You agree that Bloowish has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Bloowish retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

5. Content of the Service. Bloowish takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Bloowish have any obligation to monitor such third-party content. Bloowish reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Bloowish also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Bloowish, its users and the public. Bloowish will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

6. Intellectual Property Rights. You acknowledge that Bloowish owns all right, title and interest in and to the Service, including all intellectual property rights (the "Bloowish Rights"). Bloowish Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, Bloowish Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.

Your Intellectual Property Rights. Bloowish claims no ownership or control over any Content submitted, posted or displayed by you on or through Bloowish services.

You may choose to submit, post, and display any materials on or through the Bloowish under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such or using Bloowish service tools to do so. For avoidance of doubt, Bloowish is not a party to any such public license between you and any third party. Also, for avoidance of doubt, Bloowish may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.

7. No Resale of the Service. Unless expressly authorized in writing by Bloowish, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

8. Publicity. Any use of Bloowish's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "Bloowish," and "Bloowish.com," must be in compliance with this Agreement.

9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Bloowish to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

10. Termination; Suspension. Bloowish may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

11. Indemnification. You agree to hold harmless and indemnify Bloowish, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Bloowish will provide you with written notice of such claim, suit or action.

12. Entire Agreement. This Agreement constitutes the entire agreement between you and Bloowish and governs your use of the Service, superseding any prior agreements between you and Bloowish. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Bloowish services, affiliate services, third-party content or third-party software.

13. Waiver and Severability of Terms. The failure of Bloowish to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Bloowish services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Pasquotank County, North Carolina, and you consent to the jurisdiction of such courts.

16. Copyright Information It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. So don't do it, and won't have to narc.

Agreement last updated Saturday, May 17, 2008