Terms of Service

ACCEPTANCE OF TERMS
BlogMaestro provides its service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. It is encouraged that you check back here frequently to ensure you are familiar with our most recent Terms of Service.

DESCRIPTION OF SERVICES
BlogMaestro is a subscription based service providing content writers (Blogger) an automated solution for broadcasting their most recently written blog posts to BlogMaestros’s listing of aggregation open web-services on the World Wide Web.

The intended use of our service offering is for the blogger whose desire is to maximize their readership by outsourcing the process of maintaining and broadcasting to an updated accurate list of open XML-RPC based servers. Systematically, BlogMaestro independently tracks the subscribers Really Simple Syndication (RSS) / eXtensible Markup Language (XML) web feed making it possible to stay current with their most recent publications (posts).

BlogMaestro has implemented multiple quality checks in an attempt to prevent abuse although with the nature of how things work it is not possible to create a system that is 100% effective. If you feel a violation of our service offering has been compromised please notify us immediately.

REGISTERING AND OBLIGATIONS
To take advantage of our service offering a user must first become a registered member and this requires the completion of the membership registration form. Currently we are offering our members three memberships; the Personal, the Professional and Business. Billing is automatically processed either monthly, biannually and annually. Each registering member is required to create a unique members account with a username and password and additionally we require all members to provide valid billing information.

TRIAL PERIODS
Trial periods are offered to allow prospective members the opportunity to test the BlogMaestro service. The trial begins immediately following the registration of a new account and no charges are made at said time on the registering member’s credit card. Once the advertised trial period has concluded BlogMaestro automatically bills the member credit card. Automatic rebilling will continue until such time when a member formally requests to cancel the BlogMaestro service. Please see Cancelation Policy for more information.

CANCELATION POLICY
BlogMaestro requires a formal request from member in order to cancel the subscription service. Please contact billing@blogmaestro.net with the member username and email address requesting the cancelation of service.

OUR PRIVACY POLICY
Registration Data and other information we collect is subject to the terms of our Privacy Policy. For more information, see our full privacy policy.

INDEMNITY
You agree to indemnify and hold BlogMaestro and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your BlogMaestro ID), use of the Service, or access to the Service.

GENERAL PRACTICES REGARDING USE
You acknowledge that BlogMaestro may establish general practices and limits concerning use of the Service. You agree that BlogMaestro has no responsibility or liability for the deletion or failure to store any messages and other communications or other Sites maintained or transmitted by the Service. You acknowledge that BlogMaestro reserves the right to deactivate accounts that violate our TOS, or violate our Submission Policies. You further acknowledge that BlogMaestro reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

MODIFICATIONS TO SERVICE
BlogMaestro reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BlogMaestro shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION
You agree that BlogMaestro, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and suspend anyone for any reason, including, without limitation, if BlogMaestro believes that you have violated the TOS. BlogMaestro may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BlogMaestro may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BlogMaestro shall not be liable to you or any third-party for any termination of your access to the Service.

BLOGMAESTRO PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

BlogMaestro grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BlogMaestro for use in accessing the Service.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLOGMAESTRO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. BLOGMAESTRO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLOGMAESTRO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

E. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLOGMAESTRO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLOGMAESTRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to you on the Service.

TRADEMARK INFORMATION
BlogMaestro trademarks and service marks, and other BlogMaestro logos and product and service names (“BlogMaestro Marks”) are trademarks of BlogMaestro. Without BlogMaestro prior permission, you agree not to display or use in any manner, the BlogMaestro Marks.

COPYRIGHTS
BlogMaestro respects the intellectual property of others, and we ask our users to do the same. BlogMaestro may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BlogMaesto's Copyright Agent the following information:

A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

B. a description of the copyrighted work or other intellectual property that you claim has been infringed;

C. a description of where the material that you claim is infringing is located on the site;

D. your address, telephone number, and email address;

E. a 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;

F. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
BlogMaestro
c/o Copyright Department
23679 Calabasas Road
Suite #66-6
Calabasas, California 91302-1502

GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and BlogMaestro and governs your use of the Service, superseding any prior agreements between you and BlogMaestro with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BlogMaestro services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and BlogMaestro shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and BlogMaestro agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.

Waiver and Severability of Terms. The failure of BlogMaestro to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your BlogMaestro account is non-transferable and any rights to your BlogMasetro or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.