1. ACCEPTANCE OF TERMS
These terms and conditions (“Terms”) govern the use of the BlackMarx Blogs website (the “Website”) and all related services provided by BlackMarx.com. BlackMarx Blogs (the “Service”) and constitute an agreement between you (“You”) and BlackMarx.com (“BlackMarx Blogs”). Your use of the Website, and any new services or functionalities that may be made available by BlackMarx Blogs from time to time, is conditioned upon Your acceptance of and continued adherence to these Terms. BlackMarx Blogs reserves the right to alter or revise these Terms at any time by notifying you as provided in these Terms, provided that no notice shall be required for non-substantive changes to the Terms. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service indicates Your acceptance of any and all revised Terms. BlackMarx Blogs reserves the right to suspend or terminate Your account at any time or discontinue Your access to the Website or the Service or remove your Posts for any reason.
2. DEFINITIONS AND SERVICE DESCRIPTION
- “Author”: A person that creates an account on the Service.
- “Author Content”: Any content, including without limitation questions, answers, forum posts, ratings, votes, and Post comments, that Authors post on the Service other than on the Author’s Post.
- “Post”: A webpage created via the Website and Service.
- “Post Content”: Any content, including without limitation text, data, images, video, and links, that an Author posts on the Author’s Post.
- “Posting Tool”: Tool for creating a Post or Posts powered by wordpress blog software.
- “Service”: The services provided by BlackMarx Blogs and via the BlackMarx Blogs Website.
BlackMarx Blogs makes available a Posting Tool to create Posts. The Service hosts and serves the Posts, including the Post Content, to users of the Service (“Users”). BlackMarx Blogs will program portions of the Posts created by Authors with information related to other Posts on the Website. Users can read, rate, send Posts via email, subscribe to RSS feeds of Posts, and search for Posts, as may be permitted by the features and functions of the Service.
Posts and Author Content that are determined to be low quality will be removed from the Website.
3. PERMITTED USES
You must register with BlackMarx Blogs and create an Author account in order to create a Post . Only adults (18 years and over) may register for an Author account. Your Author account gives You access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You are responsible for any and all activities occurring or content that is posted under Your account. If You discover any unauthorized activity under Your account, please alert BlackMarx Blogs immediately, by sending an email alert with the Gardening Guru contact form.
- You must do Your best to create high quality Posts
- You are solely responsible for Your Post Content.
- You must follow specific guidelines for publishing forum posts, comments, questions and answers, and other content services that are posted on the Service.
- You may only use Post Content to which You have the necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark, and trade secrets. This means, among other things, that You must have permission to use third party content from the content owners.
By giving us Your email address, You grant us permission to send communications from BlackMarx Blogs, such as account creation confirmations, service announcements, administrative messages, and any of the opt-in BlackMarx Blogs newsletters you select to that address. You may opt out of certain email communications from BlackMarx Blogs by following the instructions on the email or editing your options in your profile. You may not opt out of Service-related messages. If You do not want to receive such messages from BlackMarx Blogs, you must cancel Your account.
4. RESTRICTIONS AND PROHIBITIONS ON USE
In Your use of the Website and Service You must abide by the following restrictions and prohibitions on use. As a Website user or Author, You may Not:
- Publish Posts or Post or Author Content that include any content or links that are pornographic, defamatory, libelous, tortious, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, promotes any act of cruelty to animals, or is otherwise offensive.
- Publish Posts or Post or Author Content targeted at children under the age of 13.
- Use BlackMarx Blogs, the Website or Service to violate any FedRESTRICTIONS AND PROHIBITIONS ON USEeral, state or local laws. Your Posts must comply with all laws regarding online conduct and acceptable content.
- Hack the Website or modify any Posts that are not Your own.
- Link to any worms or viruses or any code of a destructive nature.
- Link to pages or sites that are unrelated to the topic and content of Your Post.
- Remove, decompile, disassemble or reverse engineer any BlackMarx Blogs Software (as defined below) or use any network monitoring or discovery software to determine the Website architecture.
- Publish Posts or Content in breach of a confidentiality or fiduciary obligation You may have.
- Attempt to automatically redirect Website users to other domains, mislead users of the origins of the Post Content contained in Your Posts, or use Your Posts as storage for remote loading or a door or signpost to a website outside of the Website.
- Impersonate another Author or any representative or employee of BlackMarx Blogs.
- Disrupt the BlackMarx Blogs Service, or any servers by embedding code in the Posts or otherwise attacking the Service.
- Publish Posts or Content for any illegal activities or to promote or make solicitations for any illegal or unauthorized activity.
- Spam BlackMarx Blogs website and/or any User or mass email BlackMarx Blogs website and/or any User in an automated fashion.
- Collect personal identifiable information about the Users of Your Posts and sell or transfer that information.
- Use any automatic or manual process to harvest email addresses or other information from the Website.
- Harass, threaten or intimidate Authors or others who use the Service.
- Publish Posts or Content written primarily in a language other than English.
- Promote gambling or links to sites that promote/offer gambling for money.
- Display misleading tags, categorizations, and/or titles that don’t match the Post’s content, including irrelevant or excessive tagging.
- Engage in behavior that is overly promotional, including excessive linking to any one site or domain.
5. DISCONTINUATION OR MODIFICATION OF THE SERVICE
BlackMarx Blogs reserves the right to modify or discontinue, temporarily or permanently, the Service or any portion thereof at any time, without liability to You or any third party. In addition, BlackMarx Blogs, in its sole discretion, may terminate Your password, account or use of or access to the Service (including Impression services as further described below), and remove and delete any Posts or Content, for any reason.
6. PROPRIETARY RIGHTS; CONTENT OWNERSHIP
The Service and any software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by BlackMarx Blogs or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. In addition, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website and Service are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Website, except as expressly allowed herein or via distribution tools BlackMarx Blogs makes available to Users, such as RSS feeds and widgets, is strictly prohibited. BlackMarx Blogs may at any point make additional software and tools available to Authors in connection with the Service (“Additional Software”). Authors who incorporate such Additional Software into their Posts may have to agree to additional terms and conditions before using such software, and all rules and obligations outlined in these Terms apply to the ownership and use of such Additional Software.
BlackMarx Blogs does not claim ownership of Your Post Content or Author Content. Such content will be owned by You or a third party from whom You got permission to post the content. By posting Post Content on the Service, You grant BlackMarx Blogs a worldwide, royalty-free, and non-exclusive license, for as long as Your Post is displayed on BlackMarx Blogs and for a commercially reasonable time thereafter, to reproduce, publicly display, publicly perform, distribute, modify, adapt and publish the Post Content solely for the purpose of displaying, distributing and promoting Your Post on or in connection with the Service. By posting Author Content on the Service, You grant BlackMarx Blogs a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to reproduce, publicly display, publicly perform, distribute, modify, adapt and publish the Author Content on or in connection with the Service. You may remove Your Post Content from the Service at your discretion. You may not remove your Author Content from the Service. BlackMarx Blogs may preserve and store Post Content (including, for a commercially reasonable time, Post Content you have removed from the Service) or Author Content, and may disclose such content if required to do so by law or if BlackMarx Blogs believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms; (c) respond to claims that any Post or Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BlackMarx Blogs, its users and the public.
The Author, and not BlackMarx Blogs, will be fully responsible for all Post Content or Author Content that is uploaded, posted, transmitted or otherwise made available by the Author on the Service (collectively “User Content”). BlackMarx Blogs cannot guarantee the accuracy, integrity or quality of User Content. BlackMarx Blogs does not pre-screen User Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any User Content for any reason, including User Content that may violate these Terms, or that is otherwise objectionable. BlackMarx Blogs also cannot take responsibility for anything that Your Post users may do in reliance on the Post Content You post in Your Posts.
7. TRADEMARKS AND SERVICE MARKS
“BlackMarx Blogs,” is BlackMarx Blogs service mark or trademark and protected by applicable laws. Other product and company names mentioned on the Website may be the trademarks of their respective owners.
8. LINKS TO THIRD PARTY WEBSITES
Your Post and the Website may include links to other sites or resources over which BlackMarx Blogs has no control or responsibility. BlackMarx Blogs does not monitor, investigate or check these sites for accuracy or completeness. As a result, BlackMarx Blogs is not responsible for the content or advertising on such sites, products or other materials which they may provide, such sites’ availability, or any damages caused or alleged to be caused in connection with such external websites. All such external websites included as links in Your Post or accessed by You via the Website is done at Your own risk and with Your own liability.
BlackMarx Blogs may provide pre-built modules that make it easy for You to find and add links to various sites. However, just because BlackMarx Blogs provides these modules does not mean BlackMarx Blogs is responsible for their accuracy. The Author is still responsible for what links he or she elects to put in his or her Posts or Author Content.
We care about the privacy of our Users and would never sell your private information. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States.
You agree to indemnify, defend and hold BlackMarx Blogs and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Service.
THE WEBSITE AND SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BlackMarx Blogs MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, You expressly understand and agree that BlackMarx Blogs will not 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 advised of the possibility of such damages), resulting from the use or the inability to use the Service or Website, unauthorized access to or alteration of Your Posts, Content transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service. BlackMarx Blogs also will not be liable for any loss or damage arising from Your failure to comply with the provisions of these Terms.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BlackMarx Blogs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. BlackMarx Blogs makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
14. THIRD-PARTY LINKS
Both BlackMarx Blogs and authors may be participants in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
15. COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask you to do the same. If you believe that your content or other work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information in accordance with the Digital Millennium Copyright Act:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement via the Service can be reached by BlackMarx Blogs’s contact form.
16. GOVERNING LAW
These Terms will be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions.
17. ENTIRE AGREEMENT
These Terms, and any other agreements incorporated by reference in these Terms or entered into between You and BlackMarx Blogs in connection with Your registration as a Author, constitute the entire agreement between You and BlackMarx Blogs and govern Your use of the Service, superseding any prior agreements between You and BlackMarx Blogs. You also may be subject to additional terms and conditions that may apply when You use affiliate or other BlackMarx Blogs services (such as Impression services), third-party content or third-party software.
The failure of BlackMarx Blogs to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BlackMarx Blogs without restriction.
BlackMarx Blogs may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by BlackMarx Blogs in our sole discretion. BlackMarx Blogs reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. BlackMarx Blogs is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
21. DISPUTE RESOLUTION
If a dispute arises during your use of the Service or Website or under these Terms, You agree to abide by the following dispute resolution process, only proceeding to the next step if the previous step has not resolved the issue satisfactorily.
- Send an email to BlackMarx Blogs with the contact form, describing the nature of the issue.
- Send BlackMarx Blogs a letter by registered mail, outlining in detail the problem, steps taken and matters remaining to be resolved to: 35 W. Evans St., Rice Lake, WI. 54868
For any claim (excluding claims for injunctive or other equitable relief) arising in whole or in part from the Service or these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that all other claims arising in whole or in part from the Service or these Terms shall be decided exclusively by a court of competent jurisdiction located in Barron County, Wiscosnin.