Aardvark Internet Development, Inc. Terms of Service Agreement
Revision date: February 15, 2008 THE FOLLOWING DESCRIBES THE TERMS ON WHICH AARDVARK INTERNET DEVELOPMENT, INC. OFFERS YOU ACCESS TO OUR WEBSITE(S), BLOG SHELL PLATFORM(S) AND SERVICES: Welcome to the family of Aardvark Internet development Blog Shells. Aardvark Internet Develop Inc. provides its websites(s), platform(s) and services (together, the “Platform”) to you subject to the terms of service set forth in this Terms of Service Agreement (the “Agreement”). A statement of our privacy policy may be found below. We may amend the Agreement at any time or times by posting the amended terms on our website. All amended terms shall automatically be effective to existing users 30 days after they are initially posted on our website, and effective immediately to users after amendments are posted. This Agreement is effective for any and all users of our Blog Shell Platform.
1. Blog Shell Platform
We provide our users with a variety of resources to facilitate blogging, posting, commenting, inputting, citizen journalism, citizen photography, citizen videography, buying, selling, and exchanging through classified ads in the blog posts. You may view a list of topics, posts, categories, sub-categories, comments on our website (at http://www.onlyinburbank.com).You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Blog Shell Platform and acceptable Public Information (as defined in Section 3 (”Your Information”). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
2. Your Information
2.1 Definition. “Your Information” is defined as any information post, article, comment, ad or other material you provide (directly or indirectly), including through the posting, submission or comment process or through the use of our Blog Shell Platform, in any public message board or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as “Public Information” (your name (if provided) and location are considered Public Information); any other portion of Your Information shall be referred to as “Private Information.” “Publicly accessible” areas of our website are those areas that are available either to some or all of our users (i.e., not restricted to your viewing only) or to the general public.You should understand that your Public Information may be accessible by and made public through syndication programs and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.2.2 Restrictions. In consideration of your use of our Blog Shell Platform, you agree that Your Information:(a) shall not be fraudulent; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any persons; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); (i) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract; (j) that impersonates any person or entity, including, but not limited to, an Aardvark Internet Development, Inc. employee/repersentative or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); (k) that includes personal or identifying information about another person without that person’s explicit consent; (l) that is false, deceptive, misleading, deceitful, misinformative, orconstitutes “bait and switch”; (m) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; (n) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Aardvark Internet Development, Inc. sites which are not designated for such purposes; or emailed to Aardvark Internet Development, Inc. users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (o) that includes links to commercial services or web sites, except as allowed in “services”; (p) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California State Law; (q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.In addition, you agree not to: (r) contact anyone who has asked not to be contacted; (s) “stalk” or otherwise harass anyone; (t) collect personal data about other users for commercial or unlawful purposes; (u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by Aardvark Internet Development, Inc; (v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; (w) post the same item or service in more than one classified category or forum, or in more than one area; (x) attempt to gain unauthorized access to Aardvark Internet Development, Inc. computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or any Aardvark Internet Development, Inc. website; or (y) use any form of automated device or computer program that enables the submission of postings on any Aardvark Internet Development, Inc, site without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.2.3 Posting Agents. A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands form any resource, you may not use a Posting Agent to post Content to the Service without express permission or license from Aardvark Internet Development, Inc. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Aardvark Internet Development, Inc.2.4 No Spam Policy. You understand and agree that sending unsolicited email advertisements to Aardvark Internet Development, Inc. email addresses or through Aardvark Internet Development, Inc. computer systems, which is expressly prohibited by these Terms of Service, will use or cause to be used servers. Any unauthorized use of Aardvark Internet Development, Inc. computer systems is a violation of the Terms of Service and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) Such violations may subject the sender and his or her agents to civil and criminal penalties.2.4 License. We do not claim ownership of Your Information. We will use Your Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant Aardvark Internet Development, Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.2.5 Restriction on Use of Your Information. Except as otherwise provided in our privacy policy, we will not sell, rent or otherwise disclose any of your Personally Identifiable Information (as defined in our privacy policy) about you (including your email address) to any third party.2.6 Consent to Disclosure. You acknowledge and agree that Aardvark Internet Development, Inc. may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Statement or the Terms of Service Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of Aardvark Internet Development, Inc., its employees, users and the public.
3. Use of Platform
3.1 Control. You, and not Aardvark Internet Development, Inc., are entirely responsible for all of your Public Information that you upload, post, comment, email, transmit or otherwise make available via our Blog Shell Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Blog Shell Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will Aardvark Internet Development, Inc., its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, representatives, advertisers, sponsors, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information, in the past, now, in the future, you are solely responsible for your data from the time it is submitted until the end of time.3.2 Grounds for Removal, Sanction and/or Suspension. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate repeal and/or suspension of your account:(a) The use of our Blog Shell Platform to (including, without limitation, eligibility requirements):(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Blog Shell Platform;(ii) impersonate any person (including Aardvark Internet Development staff, affiliate partners, advertisers, sponsors or any participating members), or falsely state or otherwise misrepresent your affiliation with any person, company, entity in any way through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;(iii) disguise the origin of any Public Information that is transmitted to any third party;(iv) “stalk” or otherwise harass another;(v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of Aardvark Internet Development, Inc.; or(vi) collect or store personal data about other users;(b) Posting any Public Information or other material:(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another’s privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;(ii) pornographic or depicts a human being engaged in actual or presumed sexual conduct;(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam,” “junk mail,” and “chain letters”); or(vi) that is inappropriate, posted in bad faith, or contrary to the spirit of Aardvark Internet Development, Inc.;(c) Encouraging others to violate this Agreement;(d) Refusing to follow Aardvark Internet Development, Inc. staff instruction or direction; or(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation.(f) Transmit money to Aardvark Internet Development, Inc. user through financial accounts that are stolen, fraudulent or otherwise unauthorized.Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. Aardvark Internet Development, Inc. reserves the right to remove any post or other material without warning or further notice.While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform at your own risk.For purposes of this Agreement, “posting” includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, Aardvark Internet Development, Inc. and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.3.3 Interference with Platform.You agree that you will not:(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;(b) interfere with or disrupt our Platform or networks connected to our website or through the use of our Platform, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Platform, or otherwise interfere with our Platform in any way, including through the use of JavaScript, active or other coding;(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Aardvark Internet Development, Inc. or any other third party, except with the prior written consent of Aardvark Internet Development, Inc. or the appropriate third party.3.4 General Practices Regarding Use of Platform. You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
4. Communications from Aardvark Internet Development, Inc. and Users of the Aardvark Internet Development, Inc. Community
4.1 Aardvark Internet Development, Inc. Communications. You understand and agree that we may send you certain communications, such as Aardvark Internet Development, Inc. service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you, and that these communications are considered part of our Blog Shell Platform. You may manage your subscriptions to these communications; however, we deem some basic communications to be a necessary part of our Blog Shell Platform and may not be disabled.4.2 Communications with Users of the Aardvark Internet Development, Inc. Community. 1. Your Postings. By creating a post, article, ad or comment you understand and agree that you may receive communication from other users in the normal course of utilizing our Blog Shell Platform. Initial messages to you from other users will be relayed to your email address through our Platform, which does not disclose your email address; however, after this initial point of contact, any messages you wish to reply, are done solely through your email client, and are not relegated by our Platform.4.3 Use of Pop-up Windows. Aardvark Internet Development, Inc. will not launch pop-up windows to advertise third-party products or services.4.4 Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users’ information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
5. Privacy
Aardvark Internet Development, Inc. undertakes regular internal privacy audits of our privacy policies and our compliance with our privacy policy statement. Protecting your privacy is a serious matter and doing so is very important to us. Please read this Privacy Policy statement (the “Policy”) to learn more about our Privacy Policy. This Policy describes the information we collect from you and what may happen to that information, and only applies to such information. This Policy applies to all sites under the Aardvark Internet Development, Inc. Licensing.PRIVACY POLICY
1. Information Collection
1.1 We collect all of the following information about you, we will use any and all of your information, it is not limited to the website, Blog Shell Platform, it will be obtained by any and all of Aardvark Internet Development, Inc. partners, affiliates, subsidiaries, parents companies/corporations, anyone and everyone associated or affiliated and listed with Aardvark Internet Development, Inc. you hereby grant any and all authorization(s) to secure, extract, remove, view, use all users content, information, profile that is available for any use deemed by Aardvark Internet Development, Inc. 1.1.1. for purposes of this Policy, “Personally Identifiable Information” means information that could be used to identify your personally (such as your email address or IP address), which has not been previously or subsequently disclosed by you on the public areas of our website. 1.2. We automatically track certain basic information about our members (such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, click patterns, etc.). We use this information to do internal research on our users’ usage patterns, demographics, interests and general behavior to better understand and serve you and our community. 1.3. For our members’ convenience, we also use “cookies”. If you configure your browser or otherwise choose to reject the cookies, you may still use our site. However, to best experience our website and Platform and most easily use our Blog Shell Platform you must have cookies enabled. Our use of cookies is consistent with the rights and restrictions. 1.4. We may collect information such as postings you make on the public areas of our website, messages you send to us, and correspondence we receive from other users or third parties about your activities or postings on our website. Our use of this information is consistent with the rights and restrictions. 1.5. We sometimes collect your email address, for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, posts, articles, submission of pictures, videos, content, comments or any other form of communication in, around, through or any other forms related to Aardvark Internet Development, Inc.1.6. We may collect personal information if you provide it in feedback or comments, post it on our classifieds or interactive forums, or if you contact us directly. Please do not post any personal information on Aardvark Internet Development, Inc. forums, blogs, posts, article, comments or classifieds that you expect to keep private. 2. Protecting Your Privacy 2.1. We don’t run pop ups, pop under ads. 2.2. We don’t share your information with third parties for marketing purposes 2.3. We don’t employ tracking devices for marketing purposes (”cookies”, “web beacons,” single-pixel gifs). 2.4. We don’t send you unsolicited communications for marketing purposes. 2.5. We offer email anonymization & relay, to reduce 3rd party harvesting & spam. 2.6. Forums use basic webserver authentication. Close your browser to log out. 2.7. Aardvark Internet Development, Inc. or people who post on Aardvark Internet Development, inc., may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited. 3. Data Storage 3.1. All classified and forum postings are stored in our database, even after “deletion,” and may be archived elsewhere. 3.2. Our web logs and other records are not stored indefinitely. 3.3. Registered job posters can access and update their account information through the account homepage. 3.4. Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security. 4. Archiving And Display Of Aardvark Internet Development, Inc. Postings By Search Engines And Other Sites 4.1. Search engines and other sites not affiliated with Aardvark Internet Development, Inc., including but not limited to archive.org, google.com, and groups.yahoo.com, archive or otherwise make available Aardvark Internet Development, including resumes. 5. Circumstances In Which Aardvark Internet Development, Inc. May Release Information 5.1. Protecting your privacy is a serious matter and doing so is very important to us. Please read this Privacy Policy statement (the “Policy”) to learn more about our Privacy Policy. This Policy describes the information we collect from you and what may happen to that information, and only applies to such information. This Policy applies to all sites under the Aardvark Internet Development, Imc., Licensing program. 6. International Users 6.1. By visiting our web site and providing us with data, you acknowledge and agree that due to the international dimension of Aardvark Internet Development, Inc. we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data.6.2 Aardvark Internet Development, Inc., or people who post, comment or place ads on Aardvark Internet Development, Inc. sites may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.
7. Links
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Aardvark Internet Development, Inc., shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
8. Dealings with Marketing Partners and Third Parties
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Aardvark Internet Development, Inc., shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.
9. Indemnity
You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Blog Shell Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as a Aardvark Internet Development, Inc., user. Without limiting the foregoing, you, as a Aardvark Internet Development, Inc., user, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any Aardvark Internet Development, Inc., user or third party due to or arising out of your actions as a Aardvark Internet Development, Inc., user.
10. Warranties; Liability
9.1 Disclaimer of Warranties. Your use of our Blog Shell Platform is at your sole risk. Our Platform is provided to you “as is” and on an “as available” basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform.In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.9.2 Limitation of Liability. You agree that in no event shall Aardvark Internet Development, Inc., be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Aardvark Internet Development, Inc., has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Blog Shell Platform.9.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 11 may not apply to you.
11. Modifications
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Blog Shell Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.
12. Termination; Breach
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular Aardvark Internet Development, Inc., user, or your ability to use all or any portion of our Blog Shell Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform.
13. Trademarks; Copyrights; Proprietary Rights
13.1 Aardvark Internet Development, Inc. Trademarks. Aardvark Internet Development, Inc., trademarks and service marks, and other Aardvark Internet Development, Inc., or its affiliates logos, products and service names, are trademarks of Aardvark Internet Development, Inc., (the “Aardvark Internet Development, Inc or affiliates Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the Aardvark Internet Development, Inc., Trademarks without Aardvark Internet Development, Inc., prior written consent.13.2 Copyrights and Trademarks of Others. Aardvark Internet Development, Inc., respects the intellectual property of others, and we ask our users to do the same. To the extent Aardvark Internet Development, Inc., uses a trademark that is the property of a third party, Aardvark Internet Development, Inc., shall provide clear notice to anyone viewing Aardvark Internet Development, Inc., use of that trademark that (a) Aardvark Internet Development, Inc., does not own the trademark and that the trademark is the property of a third party, (b) Aardvark Internet Development, Inc., has no affiliation, connection or association with that third party, and (c) that third party has not approved or sponsored Aardvark Internet Development, Inc., use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By email: onlyinburbank@gmail.com13.3 Proprietary Rights. You acknowledge and agree that our Blog Shell Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Aardvark Internet Development, Inc., or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.
14. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Aardvark Internet Development, Inc., Blog Shell Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or Aardvark Internet Development, Inc.
15. Additional Terms
15.1 Notices. Except as otherwise stated, any notice to us shall be given by email to onlyinburbank@gmail.com , and any notice to you shall be given to the email address that you provided us during the posting process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.15.2 Incorporation by Reference. Our privacy policy statement is incorporated by reference (above). We may change our privacy policy statement at any time or times and our changes are effective after we provide you with at least thirty (30) days notice as provided under Section 9 of our privacy policy statement (”Notification of Changes”).15.3 Entire Agreement. This Agreement constitutes the entire agreement between you and Aardvark Internet Development, Inc., superseding any prior agreements between you and Aardvark Internet Development, Inc. To the extent that you have previously posted with Aardvark Internet Development, Inc. and provided Your Information, this Agreement now governs how Aardvark Internet Development, Inc., may use Your Information, whether provided in the past or the future.15.4 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Aardvark Internet Development, Inc., is intended or created by this Agreement.15.5 Governing Law. This Agreement and the relationship between you and Aardvark Internet Development, Inc., shall be governed by the laws of the State of California without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within California between California residents. You and Aardvark Internet Development, Inc., agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.15. Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by Aardvark Internet Development, Inc., in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Aardvark Internet Development, Inc., assets, or similar transaction.15.7 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control.15.8 No Waiver. Aardvark Internet Development, Inc., failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.15.9 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Aardvark Internet Development, Inc., nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.15.10 Survival. We reserve the right for certain sections of our Terms of Service to survive any termination or expiration of this Agreement.15.11 Limitation. You and Aardvark Internet Development, Inc., each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.15.12 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
16. Disclosures; Violations
The Blog Shell Platform offered under this Agreement is offered by Aardvark Internet Development, Inc. Please report any violations of this Agreement by sending a notice of the violation to the Secretary of Aardvark Internet Development, Inc., email, as follows: onlyinburbank@gmail.com 17. Violation of Terms and Liquidated Damages Please report any violations of the Terms of Serive, by flagging the posting(s) for review, or by emailing to: onlyinburbank@gmail.com . Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Aardvark Internet Development, Inc., to pursue legal action to enforce the Terms of Service, you will be liable to pay Aardvark Internet Development, Inc., the following amounts as liquidated damages, which you accept as reasonable estimates of Aardvark Internet Development, Inc damages for the specified breaches of the Terms of Service: a. If you post a message that (1) impersonates any person or entity; (2)falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Aardvark Internet Development, Inc., one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures. b. If Aardvark Internet Development, Inc., establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Aardvark Internet Development, Inc., one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Aardvark Internet Development, Inc. in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to Aardvark Internet Development, Inc., email addresses or through Aardvark Internet Development, Inc., computer systems, you agree to pay Aardvark Internet Development, Inc., twenty five dollars ($25) for each such email. d. If you post Content in violation of the Terms of Service, other than as described above, you agree to pay Aardvark Internet Development, Inc., one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Aardvark Internet Development, Inc., may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Service in violation of the Terms of Service, in addition to any liquidated damages under clause (d), you agree to pay Aardvark Internet Development, Inc., one hundred dollars ($100) for each and every Item of Conent posted in violation of the Terms of Service. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the Terms of Service) agrees to pay Aardvark Internet Development, Inc. an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the Terms of Service. f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Terms of Service without Aardvark Internet Development, Inc. express written permission, you agree to pay Aardvark Internet Development, Inc. three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay Aardvark Internet Development, Inc., actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, Aardvark Internet development, Inc. retains the right to seek the remedy of specific performance of any term contained in the Terms of Service, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Terms of Service, or any combination thereof.
