Last revised: April 3, 2007
Blogreaderproject.com Terms and Conditions for Publishers
Pressflex LLC ("we"), operator of the blogreaderproject.com web site, ("blogreaderproject.com")
analyzes User Responses and User Data on independent web sites ("Sites") managed by Blog publishers
("Publisher(s)"), generates reports by its ("Processing Software") and makes them available to Publishers
and to the general public through its online interface (collectively, the "Services"). "User Responses"
means answers provided in the Blog Reader Survey ("Survey"). "User Data" means the data collected
through use of the Blogreaderproject.com Tracking Code and analyzed by the Processing Software.
By completing the registration process to use the Service and become a Publisher YOU AGREE TO BE
BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, THE PRIVACY POLICY AND ALL POLICIES
AND GUIDELINES OF THE SERVICE THAT ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS AND
CONDITIONS BELOW.
1. CHANGES TO TERMS AND CONDITIONS
We reserve the right to change any of the terms and conditions contained in this Agreement or
any policies or guidelines governing the Service, at any time and in our sole and absolute discretion.
Any changes will be effective upon posting of the revisions on the site http://www.blogreaderproject.com/terms_and_conditions.
You are responsible for reviewing any applicable changes. Changes to referenced policies and guidelines
may be posted without notice to you. YOUR CONTINUED USE OF THE SERVICE FOLLOWING OUR POSTING OF ANY CHANGES
WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS
AGREEMENT, YOU MUST TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
2. RELATIONSHIP OF THE PARTIES
Your relationship to us is one of an independent contractor and/or customer. No employer-employee, agency,
joint venture, franchise, sales representative or partnership relationship is created by this Agreement
or your use of the Service.
3. PUBLISHER OBLIGATIONS
3.1 When creating a Publisher account, you are responsible for the accuracy of the data you supply to us.
By accepting this Agreement you agree not to provide false information during the registration process.
Your login name cannot be vulgar or otherwise offensive, or be used in any way that violates this Agreement.
3.2 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper
working of the Service or any activities conducted on our servers. You agree not to take any action that imposes
an unreasonable or disproportionately large load on the Service infrastructure. You agree not to impede or
interfere with others' use of the Service. You further agree not to alter or tamper with any information or
materials on or associated with the Service.
3.3 You are responsible for all usage or activity on your account, including use of the account by any third
party authorized by you to use your user name and password. You are advised to maintain the confidentiality of
your Service password. You are responsible for ensuring that you exit from your account at the end of each session.
You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
3.4 You hereby represent and warrant that the use, collection, storage and distribution of the User Data through
your Site(s) complies with all applicable laws and regulations and is in compliance with the terms and conditions
of the privacy policy located on the Site(s).You further represent and warrant that your users have consented to
third parties placing or recognizing unique cookies on such users browsers.
4. INTELLECTUAL PROPERTY
4.1 All software, equipment, data, information and materials, developed or provided by us or our suppliers
under this Agreement or used to provide the Service including all intellectual property rights in the same shall
remain our or our suppliers' sole and exclusive property. In no event may you copy, reverse engineer, decompile,
translate or otherwise use or duplicate the Processing Software or Service, without our express written consent.
We hereby grant you a limited, revocable, nonsublicensable license to reproduce and display the reports provided
by the Processing Software solely for your personal use and using the Services. ANY OTHER USE OR DISPLAY OF
THE SERVICES OR INFORMATION ARE STRICTLY PROHIBITED.
We hereby grant you a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use
the Blogreaderproject.com Tracking Code, which is installed on a Site managed by You for the purpose of collecting
User Data, together with any fixes, updates and upgrades provided to you solely as necessary to use the Services
for your Site(s). User Data is collected in line with the Blogreader project Privacy Policy.
You agree that the data and information collected as a result of your use of the Services, including but not
limited to User Data and User Responses is owned by us, subject to the licenses and rights granted pursuant to
this Agreement. Notwithstanding the foregoing, all data and information included in the User Responses shall be
jointly owned by you, subject to the terms and conditions of the Blogreader project Privacy Policy.
You acknowledge and agree that we may use and disclose User Data and User Responses for any purpose subject to
the terms and conditions of the Privacy Policy.
Subject to the terms and conditions of this Agreement, you may remotely access and view the reports provided as
part of the Services. You may use the Processing Software and the Services solely for your own internal use.
You will comply with all applicable laws and regulations in your use of and access to the Processing Software,
Services and the reports generated by the Processing Software. This license will terminate immediately upon your
failure to comply with the terms of this Agreement.
Failure by User to abide by all copyright and other property notices or restrictions contained in the Services
may result in the termination or suspension of access to the Services.
4.3 We hereby grant you a non-exclusive, non-transferable limited license to use the information in the reports
generated by Processing Software in any way you wish so long as the information is properly sourced to
blogreaderproject.com. You hereby agree that other than according to the specific methods outlined herein, you
will make no attempt, either through manual or automated means to download or aggregate any more information
from the Service than would be reasonable for your own personal use of the Services. Further, you agree not
to redistribute the information you download to a third party for use by the third party to aggregate, display
or otherwise use this information for any purpose without our prior written consent. We reserve the right to
restrict access to the Service to any Publisher or User for any reason at its sole discretion. Other than according
to these terms, you will not republish the information available via the Services.
4.4 You hereby grant us a non-exclusive license to use your trade names, trademarks, service marks, logos,
domain names ("Publisher Marks") in presentations, marketing materials, customer lists, press releases and financial
reports. Further, you authorize us to identify you as a Publisher.
5. FEEDBACK ON SERVICE.
While we appreciate your feedback on the Service, you are asked to be specific and not
to submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative
suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"),
the Submission shall be our property. None of the Submission shall be subject to any obligation of confidence
on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively
all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the
Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person
who submitted the Submission.
6. NO WARRANTY.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS",
AND WE, OUR OFFICERS, DIRECTORS, AGENTS, ADVISORS AND AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.WE, OUR AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DO
NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES,
ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
7. INDEMNIFICATION.
You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and the
respective directors, officers, shareholders, agents, affiliates, licensors, partners and employees, harmless
from any expenses, costs, judgments, damages, loss, liability, claim, or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement
and/or arising from a breach of this Agreement, any harmful or illegal activities by you in connection with the
Website or Services, and/or any breach of your representations and warranties set forth above.
8. LIMITATION OF LIABILITY.
WE, OUR OFFICERS, DIRECTSORS, AGENTS, ADVISORS, AFFILIATES AND THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, YOUR
ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE,
YOUR USE OF OR RELIANCE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
9. DISCLAIMER.
We are not responsible for the content of Surveys. We do not review Users' responses and do not
verify, endorse or otherwise take responsibility for the ircontent.
10. TERMINATION
10.1 We reserve the right to terminate this Agreement, disable your Blogreaderproject.com Tracking Code and
your account access without notice for any reason, or for no reason. If we terminates the Agreement, we will
send an email to your login e-mail address. If your login e-mail is not currently valid, we may terminate this
Agreement without any notice.
10.2 You may terminate this Agreement for any reason, or for no reason by removing the Blogreaderproject.com
Tracking Code from the Internet and sending an e-mail to terminate@blogreaderproject.com.
11. Miscellaneous
11.1 This Agreement shall be governed in all respects by the laws of Delaware and the parties agree to submit
to the non-exclusive jurisdiction of the Delaware courts.
11.2 Official correspondence should be sent to Pressflex LLC, PO Box 1434, Carrboro, NC 27510.
11.3 This Agreement and the Blogreaderproject.com Privacy Policy constitute the entire agreement between
you and us with respect to the subject matter hereof and there is no representations, understandings or
agreements which are not fully expressed in this Agreement.
