Terms of Service:
1. Your Account and Site. If you create a blog on our server, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and AI may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause AI liability. You must immediately notify AI of any unauthorized uses of your blog, your account or any other breaches of security. AI will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. AI may from time to time set storage limits for your blog, or take any other measures AI considers appropriate to manage AI. AI will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the dashboard you see when you log in to your website account or via the “AmbienceInteractive” blog accessible on the front page of AmbienceInteractive.com. If you exceed the storage limits, AI may require you to reduce the storage you are using or pay additional fees. AI may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice. However, AI may post blog entries about its policy changes, and you may wish to check your dashboard for AI’s announcements about any such changes.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to an AI hosted website, post links on said site to material on, or otherwise make material available by means of Content Management System (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by AI or otherwise.
By submitting Content to your CMS for inclusion on your website, you grant AI a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, AI will use reasonable efforts to remove it from our server, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, AI has the right (though not the obligation) to, in AI’s sole discretion (i) refuse or remove any content that, in AI’s reasonable opinion, violates any AI policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of AI to any individual or entity for any reason, in AI’s sole discretion. AI will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Visitors. AI has not reviewed, and cannot review, all of the material, including computer software, posted to our server, and cannot therefore be responsible for that material’s content, use or effects. By operating your website, AI does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our server may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our server may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AI disclaims any responsibility for any harm resulting from the use by visitors of AI, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through our server and webpages to which AmbienceInteractive.com links, and that link to AmbienceInteractive.com. AI does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, AI does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AI disclaims any responsibility for any harm resulting from your use of websites and webpages.
5. Copyright Infringement and DMCA Policy. As AI asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by any of our sites hosted on our server violates your copyright, you are encouraged to notify AI in accordance with AI’s Digital Millennium Copyright Act (”DMCA”) Policy. AI will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of AI or others, AI may, in its discretion, terminate or deny access to and use of the offending website. In the case of such termination, AI will have no obligation to provide a refund of any amounts previously paid to AI.
6. Trademarks. AI, AmbienceInteractive, AmbienceInteractive.com, the AmbienceInteractive.com logo, and all other trademarks, service marks, graphics and logos used in connection with our service, or AI are trademarks or registered trademarks of AI or AI’s licensors. Other trademarks, service marks, graphics and logos used in connection with AI may be the trademarks of other third parties. Your use of AI grants you no right or license to reproduce or otherwise use any AI or third-party trademarks.
7. Changes. AI, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of AI and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
8. Limitation of warranties of AI, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from AI is provided “as is”, and AI, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, our service at your own discretion and risk, and that AI, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
9. Limitation of liability of AI, its suppliers and its licensors. Except as otherwise expressly stated, in no event will AI, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of AI, or the contents thereof or of any hyperlinked AI including without limitation any lost profits, business interruption, loss of data or otherwise, even if AI, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against AI, its suppliers and its licensors arising out of or related to use of AI, or the contents thereof or of any hyperlinked AI exceed the amounts actually paid by you to AI during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.
11. Indemnification. You agree to defend, indemnify and hold harmless AI, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
12. Miscellaneous. These Terms and Conditions constitute the entire agreement between AI and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AI, or by the posting by AI of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of our service will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Pasco County, Florida. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; AI may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.