Terms of Use

Last updated: May 26, 2007

The CreateBlog.com website is a community driven blog resource website. The CreateBlog service is offered by CreateBlog.com ("CreateBlog") and includes the CreateBlog.com website (the "Website") and any other features, functions or content we offer in connection with the Website (collectively, the "Service").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with CreateBlog). The term "User" refers to a Visitor or a Member. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Service immediately. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes CreateBlog's policy for acceptable use of the Service and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Service and CreateBlog's Privacy Policy.

CreateBlog reserves the right to modify this Agreement at any time. Your continued use of the Service after CreateBlog modifies the Agreement will mean you agree to the Agreement as modified. If you do not agree to any modification, you should stop using the Service immediately. You should return to this page on a regular basis to view any modification to the Agreement.

CreateBlog reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. CreateBlog expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Service if CreateBlog determines, in its sole discretion, that you pose a threat to CreateBlog and/or its Users.

1. Eligibility
Use of and Membership in the Service is void where prohibited. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.

2. Term
This Agreement shall remain in full force and effect while you use the Service or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. CreateBlog may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 4-14.

3. Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify CreateBlog immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Non-commercial Use by Members
The Service are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by CreateBlog. Illegal and/or unauthorized use of the Service, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Service.

5. Content Submitted to CreateBlog
1. By submitting layout codes, script codes, graphics, and tutorials (collectively, "Submission") to the Service, you grant CreateBlog ownership rights of the Submission (this is only so that we can legally go after copyright infringers on your behalf). The Submission shall be deemed, and shall remain, the property of CreateBlog. The Submission shall not be subject to any obligation of confidence on the part of CreateBlog, and CreateBlog shall not be liable for any use or disclosure of the Submission. Without limitation of the foregoing, CreateBlog shall exclusively own all now known or hereafter existing rights to the Submission of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submission.

2. CreateBlog does not claim any ownership rights for all other materials, such as the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Service. After posting your Content to the Service, you continue to retain all ownership rights in such Content. You continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Service, you hereby grant to CreateBlog a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Service. The license you grant to CreateBlog is non-exclusive, fully-paid and royalty-free, sublicensable, and worldwide. This license will terminate at the time you remove your Content from the Service. The license does not grant CreateBlog the right to sell your Content, nor does the license grant CreateBlog the right to distribute your Content outside of the Service.

3. You represent and warrant that: (i) you own the Submission or Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Submission or Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submission or Content posted by you to or through the Service.

4. The Service contains Content of CreateBlog ("CreateBlog Content"), which includes any Submission submitted to the Service by CreateBlog's Members. CreateBlog Content is protected by copyright, trademark, patent, trade secret and other laws, and CreateBlog owns and retains all rights in the CreateBlog Content and the Service. CreateBlog hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the CreateBlog Content solely for your personal use. You may not distribute the CreateBlog Content in any manner or form. If you breach this Agreement and distribute CreateBlog Content, you acknowledge that you will have caused substantial harm to CreateBlog, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay CreateBlog $1,000 for each CreateBlog Content you distribute (this is only so that we can prevent countless Myspace layout sites infringing on our copyrights, we will never go after the submitter).

5. The Service contains Content of Users and other CreateBlog licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service.

6. Content Posted
1. CreateBlog may delete any Submission or Content that in the sole judgment of CreateBlog violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. CreateBlog assumes no responsibility for monitoring the Service for inappropriate Submission or Content or conduct. If at any time CreateBlog chooses, in its sole discretion, to monitor the Service, CreateBlog nonetheless assumes no responsibility for the Submission or Content, no obligation to modify or remove any inappropriate Submission or Content, and no responsibility for the conduct of the User submitting any such Submission or Content.

2. You are solely responsible for the Submission or Content that you post on or through any of the Service, and any material or information that you transmit to other Members and for your interactions with other Users. CreateBlog does not endorse and has no control over the Submission or Content. The Submission or Content is not necessarily reviewed by CreateBlog prior to posting and does not necessarily reflect the opinions or policies of CreateBlog. CreateBlog makes no warranties, express or implied, as to the Submission or Content or to the accuracy and reliability of the Submission or Content or any material or information that you transmit to other Members.

7. Content/Activity Prohibited
The following is a partial list of the kind of Submission and Content that is illegal or prohibited to post on or through the Service. CreateBlog reserves the right to investigate and take appropriate legal action against anyone who, in Createblog’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators. Prohibited Submission and Content includes, but is not limited to Submission and Content that, in the sole discretion of CreateBlog:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any street addresses, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent.

The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Service. CreateBlog reserves the right to investigate and take appropriate legal action against anyone who, in CreateBlog’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

15. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
16. advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, CreateBlog reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which CreateBlog deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to CreateBlog, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay CreateBlog $50 for each such unsolicited email or other unsolicited communication you send through the Service;
17. covering or obscuring the banner advertisements on your personal profile page, or any CreateBlog page via HTML/CSS or any other means;
18. any automated use of the system, such as using scripts to add friends or send comments or messages;
19. interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
20. attempting to impersonate another Member or person;
21. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
22. selling or otherwise transferring your profile;
23. using any information obtained from the Service in order to harass, abuse, or harm another person;
24. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
25. using the Service in a manner inconsistent with any and all applicable laws and regulations.

8. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. CreateBlog's Copyright Agent for notice of claims of copyright infringement can be reached by email: copyright AT createblog DOT com.

9. Member Disputes
You are solely responsible for your interactions with other CreateBlog Members. CreateBlog reserves the right, but has no obligation, to monitor disputes between you and other Members.

10. Privacy
Use of the Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

11. Disclaimers
CreateBlog is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by Users of the Service or by any of the equipment or programming associated with or utilized in the Service. Profiles created and posted by Members on the Website may contain links to other websites. CreateBlog is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by CreateBlog. Inclusion of any linked website on the Service does not imply approval or endorsement of the linked website by CreateBlog. When you access these third-party sites, you do so at your own risk. CreateBlog takes no responsibility for third party advertisements which are posted on this Website or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers. CreateBlog is not responsible for the conduct, whether online or offline, of any User of the Service. CreateBlog assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. CreateBlog is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall CreateBlog be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any Content posted on or through the Service, or from the conduct of any Users of the Service, whether online or offline. The Service are provided "AS-IS" and as available and CreateBlog expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CreateBlog cannot guarantee and does not promise any specific results from use of the Service.

12. Limitation on Liability

13. Indemnity
You agree to indemnify and hold CreateBlog, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Service causes CreateBlog to be liable to another.

14. Other
This Agreement is accepted upon your use of the Website or any of the Service and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and CreateBlog regarding the use of the Service. The failure of CreateBlog to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.