Terms

Date of Last Revision: May 17, 2013

1. Definitions and Service Overview

   For the purposes of these Terms of Use a “Community” means a group of Users who share a commonality of interest and who can exchange various messages and ideas that may only be accessed by other members of that group. The Service may be used to publish ideas and original media or to share media from anywhere on the web within a Community. Users also have the ability to create unique personal profiles online in order to create conversations and communicate with their Community.

   The Service includes any Sheblogs Media and Speechbobble branded URL, text content, syndicated content (RSS), audio, and video embedded media, notifications, statistics and all other features, or application offered from time to time by Sheblogs Media.

2. Acceptance and Amendment

   By using the Service, User agrees to be bound by these provisions. Each User hereby represents and warrants that: (a) the User is not under 13 years of age and possesses the legal authority to comply with the Terms of Use; (b) the Users use of the Services does not violate any applicable law or regulation.

   If a User does not agree to comply with these Terms of Use then that User must discontinue use of the Service immediately. Any use of the Service shall be deemed to be assent to these Terms of Use.

   Sheblogs Media reserves the right to change these Terms of Use in its sole discretion. Changes are effective on the date they are posted (which can be determined by looking at the top of this page). Sheblogs Media recommends that the User print a copy of this Agreement for future reference and revisit these Terms of Use from time to time to check for any changes. If Sheblogs Media makes to these Terms of Use that it believes is material, then Sheblogs Media may post notice of any such change on its Service-related website and/or email notice to its Users (to the User?s designated e-mail account) of any such change. Use of the Service after changes to these Terms of Use signifies acceptance of any changes.

3. User Names and Passwords

   In order to obtain a User account for the Service an applicant must complete the registration process by providing Sheblogs Media with current, complete and accurate information as prompted by the applicable on-line registration form. During the registration process, each applicant will be required to provide an e-mail address and password for his or her User account and to provide other personal information (please see Section VI of these Terms of Use, which deals with Sheblogs Media’s privacy policy). Once registered, each User must: (a) update the registration information originally provided by such User so that it remains complete and accurate at all times; and (b) use of the Service in a manner that does not violate any applicable law or regulation.

   Each User will be responsible for any and all activities that occur under his or her User account. Each User shall be responsible for maintaining the confidentiality, safety and security of the password and User account. Users are not authorized or permitted to share their password with any other person. Each User agrees to notify Sheblogs Media immediately if the User suspects any unauthorized use of his or her User account, any loss or theft of the password, or any other breach of User account security. Sheblogs Media will not be liable for any loss that a User may incur as a result of someone else using a password or User account, either with or without knowledge, unless Sheblogs Media is demonstrably negligent in its security obligations resulting in unauthorized access. However, the User will be liable for losses incurred by Sheblogs Media (including any third party claims against Sheblogs Media) which arise as a result of any unauthorized use of such Users account.

   Incidents can be reported by contacting the Community Admin. Please include in the subject line: “Breach of Account Information” and include your User Account e-mail.

4. Community Standards

   Sheblogs Media’s Community Standards, which are incorporated into these Terms of Use by reference, outline certain standards of behaviour that must be observed while making use of the Service. In particular, but without limitation, Users are required to comply with the rules set out in the Community Standards when posting messages in the various discussion boards provided using the Service. Please refer to our Community Standards.

   Each User is encouraged to report any misuse of the Service by any person (including, without limitation, any breach of the Community Standards) that such User becomes aware of by using the report abuse link found throughout the Service.

5. Termination of the Agreement and Access

   A user may terminate his or her User account at any time, for any reason, by contacting their designated community Administrator. User account termination consists of disabling the visibility of your profile to the community. However, all User Submissions (as defined below), including, without limitation User comments, that the User submitted to the Service before termination of the User account will remain on the Service and remain visible to the community.

   Sheblogs Media has the right to terminate any User Account or remove any User Submissions with or without prior notice or explanation, and without liability. In addition, without limiting any other rights or remedies available to Sheblogs Media under this Agreement at law or in equity, Sheblogs Media has the right to immediately terminate or suspend any User Account and/or such User access to the Service if the User is in violation of any of the provisions of these Terms of Use. Sheblogs Media will terminate a User’s access to the Service if the User is determined by Sheblogs Media to be a repeat violator of these Terms of Use (including, without limitation, the Community Standards).

6. Privacy

   Sheblogs Media’s Privacy Policy, which is incorporated into these Terms of Use by reference, outlines how Sheblogs Media collects and uses personal information. Each User acknowledges and agrees that this information may be transferred to Sheblogs Media for storing, processing and use. Please refer to the Sheblogs Media?s Privacy Policy.

7. Web Site Ownership, Use and Restrictions

   “Content” means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, bookmarks, photographs, images, sounds, videos, messages and any other like materials, including but not limited to, trademarks, Speechbobble logos, the bobble “shape” and the Comment, Challenge, Concur actions, polls, images, files, code and designs.

   Users acknowledge and agree that the Service (including the Content or any other part thereof) may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. “Speechbobble”, “Speechbobble.com”, and the Speechbobble logos are trademarks of Sheblogs Media and may be registered in certain jurisdictions. Other Speechbobble graphics, logos, page headers, button icons, scripts, product names, and Service names are trademarks or trade dress of Sheblogs Media. All other trademarks not owned by Sheblogs Media that appear on the KJK Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sheblogs Media. The display of trademarks and trade names on the Service does not convey or create any license or other rights in these marks or names. Any use of them is strictly prohibited. All rights reserved.

   Sheblogs Media grants each User a personal, non-exclusive, non-transferable, limited license to access and use the Content as made available by Sheblogs Media as a part of the Service and in accordance with these Terms of Use and the Service Agreement for internal use, provided that each User does not (and does not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Service or the Contents. This license does NOT include and expressly prohibits: (i) any resale or commercial use of the Service or the Content; (ii) any derivative use of the KJK Service or the Content; or (iii) any use of data mining, robots, spiders, or similar data gathering and extraction tools. Users may not frame or utilize framing techniques to enclose any trademark, logo or proprietary information (including images, video, text, page layout, or form) of Sheblogs Media without Sheblogs Media’s express prior written consent. Users may not modify, cover or otherwise obscure any Speechbobble or third party trademarks, logos and advertisements found in the Service, including on any User account profile by any means. Any unauthorized use terminates all permissions or licenses granted by Sheblogs Media under these Terms of Use.

   Sheblogs Media will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that Users do not send any such materials to Sheblogs Media. If, despite this request, any User sends any creative materials or other information to Sheblogs Media, such User agrees not to assert any ownership right of any kind in such submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and such User and Customer waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. Any feedback provided to Sheblogs Media regarding the Service may be used by Sheblogs Media without restriction or accounting, including Sheblogs Media’s utilization of such feedback in products, services or marketing or other collateral.

   Sheblogs Media hereby reserves the right to modify or stop the Service, or any part thereof (including any of the Content), either temporarily or permanently, at any time or from time to time, with or without prior written notice. Users agree that Sheblogs Media shall not be liable for any modification or cessation of the Service.

8. User Submissions

   Sheblogs Media permits the submission of data files, written text, software, music, graphics, bookmarks, URLs photographs, images, sounds, videos, messages and any other like materials that may be submitted by Users (“User Submissions”) and the hosting, sharing and/or publishing of such User Submissions. User retains all of his or her ownership rights in any User Submissions that may be made by or on his or her behalf to the Service.

   In connection with the User Submissions, each of User affirms, represents, and/or warrants that the User owns or has the necessary licenses, rights, consents, and permissions to use and authorize Sheblogs Media to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of the User Submissions made by User to enable inclusion and use of such User Submissions in the manner contemplated by the Services, these Terms of Use.

   User understands and agrees that all User Submissions made by User, whether publicly posted or privately transmitted on the Service, are their responsibility. This means that User (not Sheblogs Media) are solely responsible for any User Submissions uploaded, downloaded, posted, emailed, transmitted, stored or otherwise made available through the User’s use of the Service.

   User acknowledges and agrees that Sheblogs Media is not responsible or liable in any way for any User Submissions provided by others and has no duty to pre-screen such User Submissions. However, Sheblogs Media reserves the right at all times to determine whether User Submissions are appropriate and in compliance with these Terms of Use, and may pre-screen, move, refuse, modify and/or remove User Submissions at any time, without prior notice and in its sole discretion, if such User Submissions are found to be in violation of these Terms of Use or otherwise objectionable.

   Sheblogs Media reserves the right to take any action with respect to User Submissions that it deems necessary or appropriate in its sole discretion if Sheblogs Media believes they may create any third-party or regulatory liability for Sheblogs Media or compromise or disrupt the Service. Sheblogs Media shall provide User with advance notice of any such action taken, where practicable. Notwithstanding the foregoing, Sheblogs Media shall not be required to provide User with advance notice if the potential for damages arising from any delay in taking any such action is judged by Sheblogs Media to be severe.

9. Third Party Materials and Websites

   Links to other websites may be provided through media within profiles and bobbles including, videos, bookmarks or other content and are for convenience only. Advertisements may be posted on the Service to promote third-party products or services. When a User clicks on any of the advertisements, the User may be linked outside of the Service. In addition, advertisements and links within advertiser’s bobbles and on advertiser’s profiles may be provided.

   Such links are provided as a convenience for Users and these Terms of Use DO NOT apply to such sites. Third-party sites are not under Sheblogs Media’s control or direction and Sheblogs Media has not reviewed them. Speechbobble does not endorse or sponsor, and is not responsible or liable for, the contents, products or services available at any such linked site or the practices of these websites (including without limitation, their privacy and data gathering policies and practices). Users assume all risk of use thereof.

   User further acknowledges and agrees that Sheblogs Media shall not be responsible or liable in any way for any damages incurred or alleged to have incurred by them, either directly or indirectly, as a result of their use and/or reliance upon any content, advertising, products or materials on or available from such sites or resources. It?s the User?s responsibility to read the terms of use and privacy policy of the website accessed and adhere to their policies.

10. Copyright Policy

    Sheblogs Media respects the intellectual property rights of others. As a result, Sheblogs Media has a Copyright Policy in relation to any material found on the Service that is alleged to infringe the copyright of a third party. If a User believes that any material on the Service infringes upon any copyright which the User owns or controls, the User may send Sheblogs Media written notification of such infringement. Please see Sheblogs Media’s Copyright Policy for more information on how to report infringement of any copyright.

    Users understand that by using the Service, they are consenting and agreeing to the terms of Sheblogs Media’s Copyright Policy , which is incorporated into these Terms of Use by reference.