Blog Terms

All Wavelengths | allwavelengths.com

 

YOU ACCEPT AND AGREE TO BE BOUND BY THESE BLOG TERMS AND PRIVACY POLICY BY CONTINUING TO USE THE BLOG. IF YOU DO NOT AGREE TO ABIDE BY THESE BLOG TERMS AND PRIVACY POLICY, OR TO MODIFICATIONS THAT WE MAY MAKE IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE BLOG.

Version Date: September 11, 2018

 

BLOG CONTENT

 Our Blog may contain a wide variety of information, including advice about colleges, wellness, workouts, fashion, and whatever else the Blog author may decide to post from time to time. The Blog author does not profess to be an expert on any particular topic and therefore you should not rely on any such information for making any significant life or health-related decisions. You agree that you waive any right to take legal action against the Blog author based upon any outcome from a decision you made relying on information posted on the Blog.

 

REGARDING CONTENT YOU PROVIDE

The Blog may invite you to chat, comment on or otherwise participate in blogs and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Blog, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to the Blog will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that: (a) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party; (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Blog; and (c) your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.

 

CONTRIBUTION LICENSE

By posting Contributions to any part of the Blog, you automatically grant, and you represent and warrant that you have the right to grant, to the Blog owner an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The Blog owner has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Blog Terms.

 

PROHIBITED ACTIVITIES

You may not access or use the Blog for any other purpose other than that for which the Blog owner makes it available. Prohibited activity includes, but is not limited to: (a) making any unauthorized use of the Blog; (b) tricking, defrauding or misleading the Blog owner, especially in any attempt to learn sensitive account information such as passwords; (c) engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools; (d) interfering with, disrupting, or creating an undue burden on the Blog or the networks or services connected to the Blog; (e) attempting to impersonate another visitor or person; (f) using any information obtained from the Blog in order to harass, abuse, or harm another person; (g) harassing, annoying, intimidating or threatening any employees or agents engaged in providing any portion of the Blog to you; and (f) deleting the copyright or other proprietary rights notice from any Blog content 

 

INTELLECTUAL PROPERTY RIGHTS

The content on the Blog (“Blog Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to the Blog owner, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Blog Content on the Blog is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Blog owner. Provided that you are eligible to use the Blog, you are granted a limited license to access and use the Blog Content and to download or print a copy of any portion of the Blog Content to which you have properly gained access solely for your personal, non-commercial use. The Blog owner reserves all rights not expressly granted to you in and to the Blog Content.

 

THIRD PARTY WEBSITES AND CONTENT

The Blog contains (or you may be sent through the Blog) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Blog or any Third Party Content posted on, available through or installed from the Blog, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Blog and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

 

MODIFICATIONS

The Blog owner may modify the Blog Terms from time to time. Any and all changes to the Blog Terms will be posted on the Blog and revisions will be indicated by date. You agree to be bound to any changes to the Blog Terms when you use the Blog after any such modification becomes effective.

 

LAW; JURISDICTION

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Blog shall be governed and construed by the law of Maryland, excluding such state’s conflicts of law rules.  Any legal action of whatever nature by or against the Blog owner arising out of or related in any respect to this Blog shall be brought solely in either the applicable federal or state courts located in Maryland subject, however, to the right of the Blog owner, at the Blog owner’s sole discretion, to bring an action to seek injunctive relief to enforce the Blog Terms or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a visitor.

 

DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE BLOG WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BLOG OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE BLOG AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE BLOG OWNER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE BLOG’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS BLOG AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR BLOG, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE BLOG BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLOG. THE BLOG OWNER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BLOG OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE BLOG OWNER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL THE BLOG OWNER OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE BLOG, EVEN IF THE BLOG OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

MISCELLANEOUS

These Blog Terms constitute the entire agreement between you and the Blog owner regarding the use of the Blog. The failure of the Blog owner to exercise or enforce any right or provision of the Blog Terms shall not operate as a waiver of such right or provision. The section titles in these Blog Terms are for convenience only and have no legal or contractual effect. These Blog Terms operates to the fullest extent permissible by law. The Blog owner may assign any or all of its rights and obligations to others at any time. The Blog owner shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the Blog owner’s reasonable control.  If any provision or part of a provision of these Blog Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Blog Terms and does not affect the validity and enforceability of any remaining provisions. You hereby waive any and all defenses you may have based on the electronic form of these Blog Terms and the lack of signing by the parties hereto to execute these Blog Terms.