user agreement

shonblog user agreement                                                   last revised december 11, 2013

The following User Agreement (“Agreement”) governs the use of www.shonblog.com (“Website”), including without limitation, participation in its pages, posts, comment sections, media library, categories archive, and all other areas (except to the extent stated otherwise on a specific page) as provided by shonblog, Inc. (“Service Provider,” “we,” or “our”). The user of the Website or Service Provider will be referred to as “user(s),” “you,” and/or “your.”

Please read the rules contained in this Agreement carefully. The most recent revision of the Agreement can be found at http://www.shonblog.com/terms. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these rules. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement. If you cannot agree with these rules, please do not use the Website.

In addition to reviewing this Agreement, please read our Privacy Policy at http://www.shonblog.com/privacy. Your use of the Website constitutes agreement to its terms and conditions as well.

Your failure to follow these rules, whether listed below or in pages at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to Service Provider’s other actions.

Monitoring

We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Website, including but not limited to the pages, posts, comment sections, media library, categories archive, user profiles, to foster compliance with the Agreement. All users of the Website hereby agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the Website, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any action in the event of a dispute regarding compliance or non-compliance with this Agreement.

Registration and Account Creation

We may require that you register and/or set up an account to use certain aspects of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, user name, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update methods on the Website.

Use of User Name, User ID and Password

If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.

Eligibility Requirement

You must be (13) years of age or over, or the legal age to form a binding contract in your jurisdiction, to register as a Website member or to use the Website and our services. If you are under the age of 13 or the applicable legal age in your jurisdiction, you can use the Website services only in conjunction with, and under the supervision of, your parent or legal guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website. Membership in the Website is void where prohibited by applicable law, and the right to access the Website is revoked in such jurisdictions. By using the Website and/or Website services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all terms and conditions set forth by the Website.

In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), the Website never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.

Rules of Usage

You may not provide to or post on or through the Website any text, graphics, photographs, images, video, audio or other material that constitutes junk mail, spam, commercial and/or personal advertising and/or offers.  You may not repeat the same posting multiple times in a day or week.

You agree not to use any indecent, obscene, or offensive language or to provide to or post on or through the Website any text, graphics, text photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Website.

You agree not to use any sexually suggestive language or to provide to or post on or through the Website any text, text graphics, graphics, photographs, images, video, audio or other material that is sexually suggestive or appeals to a prurient interest.

You may not provide to or post on or through the Website any text, text graphics, graphics, photographs, images, video, audio or other material that invades anyone’s privacy, or facilitates or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the Website any text, text images, graphics, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.

You are responsible for ensuring that any text, text images, photographs, images, video, audio or other material you provide to or post on the Website, including without limitation in pages, posts, comment sections, media library, categories archive, and all other areas, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the own(s) of such rights.

The Website may contain text, text images, photographs, images, video, audio or other material that is clearly identified for your use (“Assets”). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.

The Website also contains other contain text, text images, photographs, images, video, audio, software, code, and other material that is provided by Service Provider or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and “look and feel” of the Website, and advertising thereon (“Website Content”). The Website Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Service Provider or its licensors. The copying, reproduction, publication, redistribution, display, rearrangement, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.

You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, including without limitation the Assets or Website Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Website.

You may not attempt to gain access to Service Provider’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administration while using the Website or otherwise.

You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from the Website and is not responsible for the content or actions of any other sites linked to from the Website. Linking to any service or site is at your own risk and is at your sole digression.

You acknowledge that Service Provider does not endorse, support, sanction, encourage, verify, or agree/disagree with the comments, opinions, or statements posted on the Website. Any information or material placed in the Website, including advice and opinions, are the views and responsibility of those who post the statements and no not represent the views of Service Provider or its third party service providers. You agree that Service Provider or its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

Copyright Policy / Fair Use

We respect the intellectual property rights of others, and we ask that you do the same. Failure to do so may constitute in legal action. You are solely responsible for any and all content you post to the Website.

All material supplied by you must meet the standards of fair use. For the most current copy of the U.S fair use policy go to http://www.copyright.gov/fls/fl102.html.

It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.

Privacy Policy

Use of the Website and/or the Website services are also governed by our Privacy Policy, the most current copy can be found at http://www.shonblog.com/privacy.

Embedded Videos, Audio, Images and Other Content

A substantial description of the videos, audio, images and other content must be present.

Service Provider Reservation of Rights

Service Provider reserves the right, but undertakes no duty, to review, edit move or delete any material provided

Indemnity

You agree to indemnify and hold the Website, Service Provider, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorney fees, from any claim or demand made by any third party due to or arising out of (1) your access to the Website, (2) your use of the Service Provider Services, (3) the violation of these Terms of Use by you, or (4) the infringement by you, or any third party using your account or User Name, User ID or password, of any intellectual property or other right of any person or entity.

Limitation of Liability and Disclaimer of Warranty

YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE PROVIDED “AS IS,’ AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THRID PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMTED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR 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 IN THE WEBSITE OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE 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 VIA THE WEBSITE.

YOU ACKNOWLEDGE THAT SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE A RESULT OF USING THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE FOR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMGES. SPECIFICITY ON SUCH EXCLUSION OF IMPLIED WARRANTIES OR LIMIATIONS OR EXCLUSION OF LIABILTY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES WILL VARY FROM STATE TO STATE.

THE USER OF WEBSITE HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMLPOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES, ACTUAL AND CONSEQENTUAL, OF EVERY KIND AN NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED (“CLAIMS”), SUSPECTED AND UNSUSPECTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIT IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Contact and Violations

Please contact us with any questions regarding the Terms of Use. Please report any violations of the Terms of Use to legal@shonblog.com.