BLOG interactive 360 Web Site Agreement
BEFORE YOU CLICK ON THE "I AGREE"
CHECK-BOX PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER
AGREEMENT CAREFULLY.
BY CLICKING ON THE "I AGREE"
CHECK BOX YOU ARE AGREEING TO BECOME A PARTY TO AND BE
BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER
AGREEMENT.
Subscriber Agreement
The Web site located at http://wwwbloginteractive360.com
("Site") is provided by BLOG interactive360, a New Media
Marketing division of RPM Success Group Inc.. Your access
to and use of the Site is governed by this Subscriber
Agreement ("Agreement"). As used in this Agreement, "BLOG
interactive360, a New Media Marketing division of RPM
Success Group Inc.," "we," "us'" or "our" refers to BLOG
interactive360, a New Media Marketing division of RPM
Success Group Inc., and "you" or "your" refers to you,
the user of the Site. The Agreement below is the agreement
you consented to upon subscribing to the site. The Agreement
does not apply to use of the publicly available Web Site
maintained by BLOG interactive360, a New Media Marketing
division of RPM Success Group Inc..
1. Things You May Not Do
The Software and Documentation are protected by United
States copyright laws and international treaties. You
must treat the Software and Documentation like any other
copyrighted material-for example, a book. You may not:
Copy the Documentation,
Copy the Software
Modify or adapt the Software
or merge it into another program,
Reverse engineer, disassemble,
decompile or make any attempt to discover the source code
of the Software,
Place the Software onto a server
so that it is accessible via a public network such as
the Internet, or
Sublicense, rent, lease or
lend any portion of the Software or Documentation.
2. Access and Passwords
As part of the subscription process for this Site, you
have selected or been assigned a particular username and
password in accordance with BLOG interactive360, a New
Media Marketing division of RPM Success Group Inc.'s username
and password guidelines. YOU AGREE THAT YOU ARE THE ONLY
INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME
OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS
THE SITE USING YOUR USERNAME OR PASSWORD. You agree that
all actions taken by you, or any other user that accesses
the Site using your username and password, at or through
the Site will be attributed to and legally bind you, even
with respect to acts for which the user had no actual
authority or made an error. You assume all resulting liability
from use of the Site and any services available on it
by you or others using your username or password. If you
lose your username or password, please contact us at:
http://www.bloginteractive360.com/easy/login.php.
3. Subscription Fees and Payments
You can always find the current Subscription Fees posted
on our site. Your subscription will continue and renew
automatically, unless terminated by BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.or
until you notify BLOG interactive360, a New Media Marketing
division of RPM Success Group Inc. by email or as designated
on the Site of your decision to terminate your subscription.
If there are any annual, monthly, or similar periodic
fees for your subscription, these fees will be billed
automatically to the credit card designated during the
registration process for the Site or subsequently designated
by you to BLOG interactive360, a New Media Marketing division
of RPM Success Group Inc., at the start of the annual,
monthly, or similar period, and at the start of each renewal
period, unless you terminate your subscription before
the relevant period begins. You agree to pay or have paid
all fees and charges incurred in connection with your
username and password for the Site (including any applicable
taxes) at the rates in effect when the charges were incurred.
All fees and charges are nonrefundable. BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.
may change the fees and charges then in effect, or add
new fees or charges, by giving you notice in advance.
All fees and charges incurred in connection with your
BLOG interactive360, a New Media Marketing division of
RPM Success Group Inc. username and password will be billed
to the credit card designated during the registration
process for the Site or subsequently designated by you
to BLOG interactive360, a New Media Marketing division
of RPM Success Group Inc.. If you want to designate a
different card or there is a change in credit card validity
or expiration date, or if you believe someone has accessed
the Site using your username and password without your
authorization, you may email us at http://www.bloginteractive360.com/easy/login.php.
You are also responsible for any fees or charges incurred
to access the Site through an Internet service provider
or other third party service. YOU, AND NOT BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.,
ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR
CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED
BY YOU.
4. Privacy
Our Privacy Notice is a part of this Agreement and its
terms are incorporated herein by this reference. Please
read it now at the link on our site.
5. User Conduct
The Site may contain bulletin board services, news groups,
forums, and/or other message or communication facilities
("Communication Services") designed to enable you to communicate
with others. You agree to use the Communication Services
only to submit or post messages and material that are
proper and, when applicable, related to the particular
Communication Service. You are also prohibited from submitting
to, posting or transmitting through BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.
any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any
material that encourages conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international
law. Content that consists of or contains software viruses,
political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam" is prohibited.
You may not use a false email or postal address, impersonate
any person or entity, or otherwise mislead as to the origin
of your posted content.
Any opinions, advice, statements, services, offers, or
other information that constitutes part of the content
expressed or made available by third parties are those
of the respective authors or distributors and not of BLOG
interactive360, a New Media Marketing division of RPM
Success Group Inc. nor its affiliates, not any of their
officers, directors, employees, or agents. You acknowledge
that BLOG interactive360, a New Media Marketing division
of RPM Success Group Inc. does not pre-screen all content,
but that BLOG interactive360, a New Media Marketing division
of RPM Success Group Inc. and its designees shall have
the right (but not the obligation) in their sole discretion
to refuse or move any content that is made available via
the Communication Services. Without limiting the foregoing,
BLOG interactive360, a New Media Marketing division of
RPM Success Group Inc. and its designees shall have the
right to remove any content that violates this Agreement
or is otherwise objectionable. You specifically agree
that BLOG interactive360, a New Media Marketing division
of RPM Success Group Inc. is not responsible for any content
sent using and/or included in the Site by any third party.
6. Copyright and Restrictions
This Web site contains proprietary material of BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.
(or material that other suppliers have licensed to BLOG
interactive360, a New Media Marketing division of RPM
Success Group Inc. for their use) which is protected by
copyright and other laws respecting proprietary rights.
BLOG interactive360, a New Media Marketing division of
RPM Success Group Inc. retains all rights in the material
and media, including (without limitation) all copyright
and other proprietary rights worldwide in all media. You
may not use BLOG interactive360, a New Media Marketing
division of RPM Success Group Inc. except as expressly
permitted under this Agreement and under U.S. copyright
laws. Any routine and/or systematic redistribution of
any portion of the products licensed herein is expressly
prohibited.
End users who are duly authorized may Access BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.
for individual use, i.e., may view the information on
screen; may download small portions of the information
to a computer disk for personal convenience and later
reference; and may print paper copies of small portions
for personal use only.
The rights granted here are an expansion of the rights
granted under the Copyright Act and do not include any
rights to reproduce in its entirety any portion of the
information or materials contained therein. No part of
the information may be duplicated in any medium or format
beyond the express terms of this Agreement without prior
written authorization from BLOG interactive360, a New
Media Marketing division of RPM Success Group Inc.. Any
use not authorized by the Agreement is prohibited and
is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed
materials contained therein) is highly proprietary in
nature and that unauthorized copying, transfer or use
may cause BLOG interactive360, a New Media Marketing division
of RPM Success Group Inc. and/or BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.’s
suppliers irreparable injury that cannot be adequately
compensated for by means of monetary damages. You agree
that any breach of this provision by you, or any subscriber
or end-user, may be enforced by BLOG interactive360, a
New Media Marketing division of RPM Success Group Inc.,
and/or any of BLOG interactive360, a New Media Marketing
division of RPM Success Group Inc.’s suppliers, by means
of equitable relief (including, but not limited to, injunctive
relief) in addition to any other available rights and
remedies.
You agree that any supplier of any portion of the licensed
materials may enforce its rights against you, even though
that supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce,
publish, distribute, sell, or otherwise access or use
any material retrieved from or contained in or on this
Site in any manner whatsoever that may infringe any copyright
or proprietary interest of BLOG interactive360, a New
Media Marketing division of RPM Success Group Inc.; distribute
the information contained in and/on this Site to other
users not duly authorized to Access the Site; distribute,
rent, sublicense, lease, transfer or assign the information
or Agreement; decompile, disassemble, or otherwise reverse-engineer
this Site or information contained in or on this Site
or any software contained therein, or alter, translate,
modify, or adapt it to create derivative works. Unauthorized
reproduction, transfer, and/or use may be a violation
of criminal as well as civil law.
You are expressly prohibited from placing or installing
any portion of the information on any electronic media,
including, but not limited to, local or wide area networks,
timesharing services, multiple processing units, multiple
site arrangements, service or software rental bureaus,
list servers, online services, electronic bulletin boards
or forums, World Wide Web sites or any other server that
is Internet-enabled, without written authorization by
BLOG interactive360, a New Media Marketing division of
RPM Success Group Inc..
If you breach any provision of this Agreement, BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.
may immediately terminate this Agreement and all licenses
granted hereunder without prior notice and in addition
to any other available rights and remedies
7. Limitations on Use
The following activities are prohibited. You agree not
to:
a. Use Web-accelerated browsers or products (including
but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro),
or other applications that are capable of copying large
portions of content from the Site. BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.
can detect the use of these systems through live logfile
analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without
following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines
and we will ban any offenders. If you are using a robot/crawler
to check BLOG interactive360, a New Media Marketing division
of RPM Success Group Inc. links, it must operate according
to the robot guidelines (see above). Do not leave new
robots unattended and allow a minimum of 1 minute between
automated requests.
c. Use any device, software or routine or the like to
interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately
large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for
purposes not relating specifically to the Site;
f. Access the Site by any means other than through the
interface that is provided by BLOG interactive360, a New
Media Marketing division of RPM Success Group Inc., or
attempt or access any area of the Site to which your access
is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt
to discover any source code relating the Site, except
to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
8. Accuracy and Availability of Information
The Site contains database information and other content
compiled by BLOG interactive360, a New Media Marketing
division of RPM Success Group Inc.. While we use commercially
reasonable efforts to provide accurate information, BLOG
interactive360, a New Media Marketing division of RPM
Success Group Inc. gives no warranty as to the accuracy
of the database and other content on the Site. BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.
reserves the right to withdraw or delete information or
content from the Site at any time.
9. Links to Third Party Sites
BLOG interactive360, a New Media Marketing division of
RPM Success Group Inc. does not endorse the content on
any third-party Web site, including Web sites of BLOG
interactive360, a New Media Marketing division of RPM
Success Group Inc.'s affiliates ("Third-Party Sites").
BLOG interactive360, a New Media Marketing division of
RPM Success Group Inc. is not responsible for the content
of Third-Party Sites that you reach through links on the
Site, sites framed within the Site, or third-party advertisements
on the Site, and we do not make any representations regarding
their content or accuracy. Your use of Third-Party Sites
is at your own risk and subject to the terms and conditions
of use for such sites. Any transaction that you conduct
at a Third-Party site will be between you and the party
providing that Web site. This means that BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.
is not your agent and is not a party to any transaction
at a Third-Party Site.
10. Representations and Warranties
You represent and warrant to BLOG interactive360, a New
Media Marketing division of RPM Success Group Inc. that:
(a) you possess the legal right and ability to enter into
this Agreement; (b) all information submitted by you to
the Site is true and accurate; (c) you will be responsible
for all use of your username and password even if such
use was conducted without your authority or permission;
(d) you are at least 18 years old; and (e) you will not
use the Site for any purpose that is unlawful or prohibited
by this Agreement.
11. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT
OR FOUND WITHIN THIS SITE BY BLOG interactive360, a New
Media Marketing division of RPM Success Group Inc. AND
ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS,"
WITHOUT WARRANTIES OF ANY KIND, AND BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.
AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLOG
interactive360, a New Media Marketing division of RPM
Success Group Inc. DOES NOT MAKE ANY WARRANTIES REGARDING
THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR
TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT
IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM
OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES;
(f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED
UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE
LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED
IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE
OR QUALITY.
12. Limitation of Damages
IN NO EVENT WILL BLOG interactive360, a New Media Marketing
division of RPM Success Group Inc. OR ANY OF ITS AFFILIATES
BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL,
OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE,
EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT,
OR BREACH OF WARRANTY, AND EVEN IF BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL BLOG interactive360, a New Media
Marketing division of RPM Success Group Inc. OR ANY OF
ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR
ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY
RECEIVED BY BLOG interactive360, a New Media Marketing
division of RPM Success Group Inc. FROM YOU FOR ACCESS
TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE
DURING THE YEAR PRIOR TO YOUR CLAIM.
14. Indemnity
You agree to indemnify and hold us harmless, and pay
our attorney's fees and costs, if we become liable for
or incur any damages in connection with your breach of
this Agreement. You may not settle any dispute without
our prior consent, which may only be given in a non-electronic
writing signed by an authorized representative of BLOG
interactive360, a New Media Marketing division of RPM
Success Group Inc..
15. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the
Site may, at our option, be conducted electronically,
including any that we are otherwise required to provide
in "writing". For example, we may send you notices via
postings at the Site or via email to any email address
that you provide to us during registration as a Site member.
If you do not wish to deal with us electronically, you
should not use the Site or enter into this Agreement.
If applicable law now or later requires us to communicate
with you non-electronically, we reserve the right to charge
a fee for doing so. Notice will be deemed given 24 hours
after the email is sent, unless (for email) we are notified
that the email address is invalid. Alternatively, we may
give you notice by mail to the address provided during
registration.
16. Print a Copy for Your Records
You agree to print or make an electronic copy of this
Agreement (and any amendment from time to time) and retain
it in your records. You also agree to make a copy of any
other information that we deliver to you in writing.
17. Termination
BLOG interactive360, a New Media Marketing division of
RPM Success Group Inc. may terminate your subscription
and/or access, or suspend access to all or part of the
Site, without notice, for any conduct that BLOG interactive360,
a New Media Marketing division of RPM Success Group Inc.,
in its sole discretion, believes is in violation of this
Agreement, any applicable law, or any act which is harmful
to the interests of another user, service provider, or
BLOG interactive360, a New Media Marketing division of
RPM Success Group Inc.. BLOG interactive360, a New Media
Marketing division of RPM Success Group Inc. may also
elect not to renew your subscription and access by providing
a notice of nonrenewal prior to the end of your current
subscription term. Applicable sections of this agreement
will survive any termination or expiration of this Agreement.
18. Assignment
You agree not to assign your rights under this Agreement
without the consent of an authorized representative of
BLOG interactive360, a New Media Marketing division of
RPM Success Group Inc. in a non-electronic record, and
any assignment without BLOG interactive360, a New Media
Marketing division of RPM Success Group Inc.'s consent
will be voidable at BLOG interactive360, a New Media Marketing
division of RPM Success Group Inc.'s option. This Agreement
will inure to the benefit of and bind the parties' respective
successors and permitted assigns.
19. Applicable Law and Disputes
This Agreement is governed by the laws of the State of
Nevada, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened
to violate BLOG interactive360, a New Media Marketing
division of RPM Success Group Inc. and/or its affiliates'
intellectual property rights, BLOG interactive360, a New
Media Marketing division of RPM Success Group Inc. and/or
its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of Nevada,
and you consent to exclusive jurisdiction and venue in
such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Las Vegas. Any costs
and fees other than attorney fees associated with the
mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: Las
Vegas, under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may
be entered in any court with jurisdiction to do so.
20. Amendments
BLOG interactive360, a New Media Marketing division of
RPM Success Group Inc. may change the provisions of this
Agreement. When BLOG interactive360, a New Media Marketing
division of RPM Success Group Inc. changes the terms of
this Agreement, BLOG interactive360, a New Media Marketing
division of RPM Success Group Inc. will notify you by
email or online postings on this Site. The changes will
also appear in this document, which you can access any
time. You already agreed to be bound by the changes when
you first subscribed to the site. If you do not agree
to be bound by the changes, you should not use the Site
again and you should cancel your subscription to the Site.
Even if you have not clicked on the "I Agree" button or
checked the I agree box when subscribing, if you use the
Site after you have been notified of a change to this
Agreement, you are agreeing now to be bound by that change.
21. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated
by reference) is the entire agreement between the parties
for its subject matter and supercedes all prior and contemporaneous
communications between the parties. No term of this Agreement
may be waived by BLOG interactive360, a New Media Marketing
division of RPM Success Group Inc. except in a signed,
non-electronic writing signed by an authorized representative
of BLOG interactive360, a New Media Marketing division
of RPM Success Group Inc..
22. General
If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid, the parties agree
that its remaining provisions will remain in full force
and effect, provided that the allocation of risks described
herein is given effect to the fullest extent possible.
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 agree that no joint
venture, partnership, employment or agency relationship
exists between you and BLOG interactive360, a New Media
Marketing division of RPM Success Group Inc. or its affiliates
as a result of this Agreement or your use of the Site.