Terms of
Service:
The
following terms and conditions govern all use of the CerebrozenOfficial.com
website and all content, services and products available at or through the
website (taken together, the Website). The Website is owned and operated by
www.CerebrozenOfficial.com (CerebrozenOfficial). The Website is offered subject to
your acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies (including, without
limitation, CerebrozenOfficial's Privacy Policy) and procedures that may be
published from time to time on this Site by CerebrozenOfficial (collectively, the
Agreement).
Please read
this Agreement carefully before accessing or using the Website. By accessing or
using any part of the web site, you agree to become bound by the terms and
conditions of this agreement. If you do not agree to all the terms and
conditions of this agreement, then you may not access the Website or use any
services. If these terms and conditions are considered an offer by SanovelOfficial,
acceptance is expressly limited to these terms. The Website is available only
to individuals who are at least 13 years old.
Your CerebrozenOfficial.com
Account and Site. If you create a blog/site on the Website, you are responsible
for maintaining the security of your account and blog, and you are fully
responsible for all activities that occur under the account and any other
actions taken in connection with the blog. You must not describe or assign
keywords to your blog in a misleading or unlawful manner, including in a manner
intended to trade on the name or reputation of others, and SanovelOfficial may
change or remove any description or keyword that it considers inappropriate or
unlawful, or otherwise likely to cause SanovelOfficial liability. You must
immediately notify SanovelOfficial of any unauthorized uses of your blog, your
account or any other breaches of security. SanovelOfficial will not be liable
for any acts or omissions by You, including any damages of any kind incurred as
a result of such acts or omissions.
Responsibility
of Contributors. If you operate a blog, comment on a blog, post material to the
Website, post links on the Website, or otherwise make (or allow any third party
to make) material available by means of the Website (any such material,
Content), You are entirely responsible for the content of, and any harm
resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, or computer
software. By making Content available, you represent and warrant that:
the
downloading, copying and use of the Content will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark or trade
secret rights, of any third party;
if your
employer has rights to intellectual property you create, you have either (i)
received permission from your employer to post or make available the Content,
including but not limited to any software, or (ii) secured from your employer a
waiver as to all rights in or to the Content;
you have
fully complied with any third-party licenses relating to the Content, and have
done all things necessary to successfully pass through to end users any required
terms;
the Content
does not contain or install any viruses, worms, malware, Trojan horses or other
harmful or destructive content;
<li
class='important'>the Content is not spam, is not machine- or
randomly-generated, and does not contain unethical or unwanted commercial
content designed to drive traffic to third party sites or boost the search
engine rankings of third party sites, or to further unlawful acts (such as
phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content
is not pornographic, does not contain threats or incite violence towards
individuals or entities, and does not violate the privacy or publicity rights
of any third party;
your blog
is not getting advertised via unwanted electronic messages such as spam links
on newsgroups, email lists, other blogs and web sites, and similar unsolicited
promotional methods;
your blog
is not named in a manner that misleads your readers into thinking that you are
another person or company. For example, your blog's URL or name is not the name
of a person other than yourself or company other than your own; and
you have,
in the case of Content that includes computer code, accurately categorized
and/or described the type, nature, uses and effects of the materials, whether
requested to do so by SanovelOfficial or otherwise.
By
submitting Content to SanovelOfficial for inclusion on your Website, you grant SanovelOfficial
a world-wide, royalty-free, and non-exclusive license to reproduce, modify,
adapt and publish the Content solely for the purpose of displaying,
distributing and promoting your blog. If you delete Content, SanovelOfficial
will use reasonable efforts to remove it from the Website, but you acknowledge
that caching or references to the Content may not be made immediately
unavailable.
Without
limiting any of those representations or warranties, SanovelOfficial has the
right (though not the obligation) to, in SanovelOfficial's sole discretion (i)
refuse or remove any content that, in SanovelOfficial's reasonable opinion,
violates any SanovelOfficial policy or is in any way harmful or objectionable,
or (ii) terminate or deny access to and use of the Website to any individual or
entity for any reason, in SanovelOfficial's sole discretion. SanovelOfficial
will have no obligation to provide a refund of any amounts previously paid.
Payment and
Renewal.
General
Terms.
By
selecting a product or service, you agree to pay SanovelOfficial the one-time
and/or monthly or annual subscription fees indicated (additional payment terms
may be included in other communications). Subscription payments will be charged
on a pre-pay basis on the day you sign up for an Upgrade and will cover the use
of that service for a monthly or annual subscription period as indicated.
Payments are not refundable.
Automatic
Renewal.
Unless you
notify CerebrozenOfficialbefore the end of the applicable subscription period
that you want to cancel a subscription, your subscription will automatically
renew and you authorize us to collect the then-applicable annual or monthly
subscription fee for such subscription (as well as any taxes) using any credit
card or other payment mechanism we have on record for you. Upgrades can be
canceled at any time by submitting your request to SanovelOfficial in writing.
Services.
Fees;
Payment. By
signing up for a Services account you agree to pay SanovelOfficial the
applicable setup fees and recurring fees. Applicable fees will be invoiced
starting from the day your services are established and in advance of using
such services. SanovelOfficial reserves the right to change the payment terms
and fees upon thirty (30) days prior written notice to you. Services can be
canceled by you at anytime on thirty (30) days written notice to SanovelOfficial.
Support. If
your service includes access to priority email support. Email support means the
ability to make requests for technical support assistance by email at any time
(with reasonable efforts by SanovelOfficial to respond within one business day)
concerning the use of the VIP Services. Priority means that support takes
priority over support for users of the standard or free SanovelOfficial.com
services. All support will be provided in accordance with SanovelOfficial
standard services practices, procedures and policies.
Responsibility
of Website Visitors. SanovelOfficial
has not reviewed, and cannot review, all of the material, including computer
software, posted to the Website, and cannot therefore be responsible for that
material's content, use or effects. By operating the Website, SanovelOfficial
does not represent or imply that it endorses the material there posted, or that
it believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also
contain material that violates the privacy or publicity rights, or infringes
the intellectual property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. SanovelOfficial disclaims any responsibility
for any harm resulting from the use by visitors of the Website, or from any
downloading by those visitors of content there posted.
Content
Posted on Other Websites. We have not reviewed, and cannot review, all of the
material, including computer software, made available through the websites and
webpages to which SanovelOfficial.com links, and that link to SanovelOfficial.com.
SanovelOfficial does not have any control over those non-SanovelOfficial
websites and webpages, and is not responsible for their contents or their use.
By linking to a non-SanovelOfficial website or webpage, SanovelOfficial does
not represent or imply that it endorses such website or webpage. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. SanovelOfficial disclaims any responsibility for any harm
resulting from your use of non-SanovelOfficial websites and webpages.
Copyright
Infringement and DMCA Policy. As SanovelOfficial asks others to respect its
intellectual property rights, it respects the intellectual property rights of
others. If you believe that material located on or linked to by SanovelOfficial.com
violates your copyright, you are encouraged to notify SanovelOfficial in
accordance with SanovelOfficial's Digital Millennium Copyright Act (DMCA)
Policy. SanovelOfficial will respond to all such notices, including as required
or appropriate by removing the infringing material or disabling all links to
the infringing material. SanovelOfficial will terminate a visitor's access to
and use of the Website if, under appropriate circumstances, the visitor is
determined to be a repeat infringer of the copyrights or other intellectual
property rights of SanovelOfficial or others. In the case of such termination, SanovelOfficial
will have no obligation to provide a refund of any amounts previously paid to SanovelOfficial.
Intellectual
Property. This Agreement does not transfer from SanovelOfficial to you any SanovelOfficial
or third party intellectual property, and all right, title and interest in and
to such property will remain (as between the parties) solely with SanovelOfficial.
SanovelOfficial, SanovelOfficial.com, the SanovelOfficial.com logo, and all
other trademarks, service marks, graphics and logos used in connection with SanovelOfficial.com,
or the Website are trademarks or registered trademarks of SanovelOfficial or SanovelOfficial's
licensors. Other trademarks, service marks, graphics and logos used in
connection with the Website may be the trademarks of other third parties. Your
use of the Website grants you no right or license to reproduce or otherwise use
any SanovelOfficial or third-party trademarks.
Advertisements.
SanovelOfficial reserves the right to display advertisements on your blog
unless you have purchased an ad-free account.
Attribution.
SanovelOfficial reserves the right to display attribution links such as 'Blog
at SanovelOfficial.com,' theme author, and font attribution in your blog footer
or toolbar.
Partner
Products. By activating a partner product (e.g. theme) from one of our
partners, you agree to that partner's terms of service. You can opt out of
their terms of service at any time by de-activating the partner product.
Domain
Names. If you are registering a domain name, using or transferring a previously
registered domain name, you acknowledge and agree that use of the domain name
is also subject to the policies of the Internet Corporation for Assigned Names
and Numbers (ICANN), including their Registration Rights and Responsibilities.
Changes. CerebrozenOfficial
reserves the right, at its sole discretion, to modify or replace any part of
this Agreement. It is your responsibility to check this Agreement periodically
for changes. Your continued use of or access to the Website following the
posting of any changes to this Agreement constitutes acceptance of those
changes. SanovelOfficial may also, in the future, offer new services and/or
features through the Website (including, the release of new tools and
resources). Such new features and/or services shall be subject to the terms and
conditions of this Agreement.
Termination. CerebrozenOfficial may terminate your access to all or any part of
the Website at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate this Agreement or your SanovelOfficial.com
account (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a paid services account, such
account can only be terminated by SanovelOfficial if you materially breach this
Agreement and fail to cure such breach within thirty (30) days from SanovelOfficial's
notice to you thereof; provided that, SanovelOfficial can terminate the Website
immediately as part of a general shut down of our service. All provisions of
this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
Disclaimer
of Warranties. The
Website is provided as is. SanovelOfficial and its suppliers and licensors
hereby disclaim all warranties of any kind, express or implied, including,
without limitation, the warranties of merchantability, fitness for a particular
purpose and non-infringement. Neither SanovelOfficial nor its suppliers and
licensors, makes any warranty that the Website will be error free or that
access thereto will be continuous or uninterrupted. You understand that you
download from, or otherwise obtain content or services through, the Website at
your own discretion and risk.
Limitation
of Liability. In no
event will CerebrozenOfficial, or its suppliers or licensors, be liable with
respect to any subject matter of this agreement under any contract, negligence,
strict liability or other legal or equitable theory for: (i) any special,
incidental or consequential damages; (ii) the cost of procurement for
substitute products or services; (iii) for interruption of use or loss or
corruption of data; or (iv) for any amounts that exceed the fees paid by you to
SanovelOfficial under this agreement during the twelve (12) month period prior
to the cause of action. SanovelOfficial shall have no liability for any failure
or delay due to matters beyond their reasonable control. The foregoing shall
not apply to the extent prohibited by applicable law.
General
Representation and Warranty. You
represent and warrant that (i) your use of the Website will be in strict
accordance with the SanovelOfficial Privacy Policy, with this Agreement and
with all applicable laws and regulations (including without limitation any
local laws or regulations in your country, state, city, or other governmental
area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from the
United States or the country in which you reside) and (ii) your use of the
Website will not infringe or misappropriate the intellectual property rights of
any third party.
Indemnification. You agree to indemnify and hold harmless SanovelOfficial, its
contractors, and its licensors, and their respective directors, officers,
employees and agents from and against any and all claims and expenses,
including attorneys' fees, arising out of your use of the Website, including
but not limited to your violation of this Agreement.
Miscellaneous.This Agreement constitutes the entire agreement between SanovelOfficial
and you concerning the subject matter hereof, and they may only be modified by
a written amendment signed by an authorized executive of SanovelOfficial, or by
the posting by SanovelOfficial of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any access to or
use of the Website will be governed by the laws of the state of California,
U.S.A., excluding its conflict of law provisions, and the proper venue for any
disputes arising out of or relating to any of the same will be the state and
federal courts located in San Francisco County, California. Except for claims
for injunctive or equitable relief or claims regarding intellectual property
rights (which may be brought in any competent court without the posting of a
bond), any dispute arising under this Agreement shall be finally settled in
accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration
and Mediation Service, Inc. by three arbitrators appointed in accordance with
such Rules. The arbitration shall take place in San Francisco, California, in
the English language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement
shall be entitled to costs and attorneys' fees. If any part of this Agreement
is held invalid or unenforceable, that part will be construed to reflect the
parties' original intent, and the remaining portions will remain in full force
and effect. A waiver by either party of any term or condition of this Agreement
or any breach thereof, in any one instance, will not waive such term or
condition or any subsequent breach thereof. You may assign your rights under this
Agreement to any party that consents to, and agrees to be bound by, its terms
and conditions; SanovelOfficial may assign its rights under this Agreement
without condition. This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.