Blog2Print Terms and Conditions
Welcome to Blog2Print! Blog2Print is a service provided by XanEdu, Inc. Blog2Print provides members a fun, safe, and easy way to create a physical book of your blog (collectively “Process”). However, before you use or access the Blog2Print Service, as defined below, you must carefully review the Terms and Conditions set out below (the “Terms”). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Blog2Print that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the Blog2Print web site, located at www.Blog2Print.com, or any native apps or mobile platforms provided by Blog2Print (together, the “Service”) is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
I. Terms of Membership
A. Blog2Print membership (“Membership”) is available to you if you are at least 13 years of age and submit certain requested information to Blog2Print, including your name and correct email address. When you become a Member, you must provide Blog2Print with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).
B. A condition of Membership is your “Active Participation” in the Service. Active Participation is defined as purchasing a Blog Book through the Service at least once every 730 days. Purchases through Blog2Print third-party advertisers do not count towards Active Participation. If you cease Active Participation for any reason, Blog2Print may terminate your Membership (or any part thereof) and your use of the Service, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, videos, links, comments, and other content (collectively “Content”) uploaded by you or otherwise made available by you within the Service.
II. Digital Image Storage
A. Blog2Print offers free, unlimited storage of your blog content to Members who maintain Active Participation. When you upload your blog content to the Service, the original resolution and format of your Content may be modified depending on the upload speed you choose. Further, if you upload Content with very high resolution or bit-rate, Blog2Print may in its discretion down-sample the Content regardless of the upload speed you choose.
B. You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.
III. Member Conduct
Blog2Print is committed to ensuring that the Service remains a fun and safe place to Process blog books. To that end, the Service allows Members to be creative with their Content. Users of the Service, whether or not Members, may not use the Service to Process “Prohibited Content.” Generally, Prohibited Content includes Content or other material that Blog2Print believes:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
- Violates or otherwise encroaches on the rights, including the intellectual property, publicity or personal rights, of others;
- Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
- Advocates illegal activity;
- Violates any law or regulation;
- Harms anyone, including minors; or,
- Provides a link to any of the above;
Blog2Print has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Blog2Print does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Blog2Print may delete, move, and edit Content for any reason, at any time, without notice.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
Blog2Print in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.
IV. Third Party Software
As a convenience to Members, Blog2Print may make third-party software available through the Service, including by downloading. To use such software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. Blog2Print makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such software.
VI. Intellectual Property
A. Ownership. You will retain ownership of your Content and any rights granted to Blog2Print herein are granted as a license. Note, however, that while you retain ownership of your Content, any material, tools, features, template or layout provided to you by Blog2Print in which you use to arrange or organize such Content are not proprietary to you, and the rights to such template or layout will remain with Blog2Print.
B. Content License. In order for Blog2Print to provide our services to you and your invitees, as a condition to Membership you hereby grant to Blog2Print and its agents, the right to copy, display, modify, distribute, transmit, and make derivative works of your Content solely for the following purposes: (a) providing the Service to you or your invitees, (b) showing you how your Content would appear in a product or service offered by Blog2Print or one of its agents or (c) improving the Service (e.g., customer support, technical support and/or vendor fulfillment). For example, we may show you a sample product, such as a book that includes one of your images, in case you may want to purchase such an item. Likewise, we may send you images that you made at various points during your membership to remind you of your past memories.
C. Warranty. As a condition to Membership, you represent and warrant to Blog2Print that you either own your Content or have written permission from the copyright owner to make such Content available to the Service and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, trade secret right or other intellectual property or other property right of any third party.
D. Personal Rights. You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual’s likeness in the manner contemplated in this Agreement. If any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, please do not submit the related Content to Blog2Print.
The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Blog2Print has a process in place to respond to your concerns. Please contact Customer Service.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS XANEDU, INC, AND BLOG2PRINT, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “BLOG2PRINT AFFILIATES”) FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (COLLECTIVELY “CLAIMS”), INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING ANY CLAIMS RELATED TO (i) ANY CONTENT SUBMITTED BY YOU, (ii) YOUR ACTIVITIES ON THE BLOG2PRINT WEB SITE, OR ANY ACTIVITIES MADE IN CONNECTION WITH YOU (OR ANY OF YOUR INVITEES) OBTAINING ANY PRODUCTS OR SERVICES FROM BLOG2PRINT OR (iii) ANY ACTIVITY RELATED TO ACCESS OR USE OF YOUR ACCOUNT BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
VIII. Limited Warranty
IN NO EVENT WILL XANEDU, INC., BLOG2PRINT OR XANEDU AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (i) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (ii) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
A. ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IF YOUR BOOK IS RECEIVED DAMAGED YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR BLOG2PRINT TO EITHER (i) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE, OR (ii) REPRINT THE BOOK AT NO EXTRA COST.
B. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, XANEDU, INC., BLOG2PRINT AND XANEDU AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLOG2PRINT MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. BLOG2PRINT MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
IX. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, BLOG2PRINT WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Blog2Print may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Blog2Print elsewhere within the Service, or (ii) conduct Blog2Print believes is harmful to other Blog2Print users or the business of Blog2Print, or (iii) failure to maintain Active Participation in the Service. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the Site, to your account and/or as a result of the deletion of any information, files or materials in or related to your account.
XI. Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, in the United States, exclusive of its choice of law rules. Further, except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of your use of the Site or these Terms will be resolved individually, without resort to any form of class action, and shall be submitted to the alternative dispute resolution service, JAMS, for binding arbitration under its rules then in effect in the Delaware area and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the Site, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and, by using the Site you waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Please note that this arbitration provision shall survive the termination of your relationship with us. If, for any reason, this arbitration provision is not upheld, the exclusive forum and venue to resolve any disputes arising out of or otherwise relating to these Terms or the Site will be in the state and federal courts of Delaware.
XII. Modification of Terms
Blog2Print may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Blog2Print will be prospective only.
XIII. Entire Agreement
These Terms constitute the entire agreement between you and Blog2Print governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Blog2Print Affiliate services, third-party Content, or third-party software.
A. The failure of Blog2Print to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
B. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
7. Contacting Us.
Any questions about this Policy should be addressed to email@example.com.