1. ACCEPTANCE OF TERMS
Welcome to Emocium's Aeonity Blog. Emocium.com LCC. ("Emocium") provides the Aeonity Blog 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; provided that, we will not alter Section 5 ("Content Submitted to Aeonity Blog") without prior notice to and acceptance by you. You can review the most current version of the TOS at any time at: http://www.Aeonity Blog.com/legal. Please note that other Emocium services (like Emocium Email) are governed by a different Terms of Service.
2. DESCRIPTION OF SERVICE
Aeonity Blog provides users with free blog publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions. Some of these services will be free of charge, others may cost money or have other requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when Member implements those options, if any. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.
3. MODIFICATIONS TO TERMS OF SERVICE
Emocium may change the terms and conditions of the TOS from time to time. Upon major changes in the terms and conditions of the, Emocium will be added to Aeonity Blog Legal at http://www.Aeonity Blog.com/legal. You are required to agree to our terms of service before you register with Aeonity Blog.
4. CONTENT OWNERSHIP
Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through Aeonity Blog or otherwise enters into Aeonity Blog-related services. All image submissions to Aeonity Blog that are stored on Emocium / Aeonity Blog server are property of he or she that submits it. Aeonity Blog reserves the right to add or remove images at anytime.
5. CONTENT RESPONSIBILITY
Member acknowledges and agrees that Emocium's Aeonity Blog neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. Nudity images submitted to Aeonity Blog / Emocium must be in ownership of the submitee. All nudity images must be of (18+) years of age. All other images below that age will be submitted to the proper criminal authorities in your area. Aeonity Blog has the right to add and remove content at anytime.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the service, you shall receive a validation via email, and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, go to the CP (Control Panel) of on Aeonity Blog, click on your name and then "edit profile"); you may also set up a new account, but it is highly recommended that you utilize your original one.
Member agrees to immediately notify Emocium's Aeonity Blog of any unauthorized use of Member's account or any other breach of security known to Member.
8. DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Emocium'S Aeonity Blog EXPRESSLY DISCLAIMS 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.
Emocium'S Aeonity Blog MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Emocium'S Aeonity Blog MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY Emocium'S Aeonity Blog SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. NO RESALE OF THE SERVICE
Member agrees not to resell the Service, without the express consent of Emocium's Aeonity Blog. (Note: Setting up Aeonity Blog for clients to update their web pages and charging for your time is fine.)
11. STORAGE AND OTHER LIMITATIONS
Emocium's Aeonity Blog assumes no responsibility for the deletion or failure to store information entered into Aeonity Blog.
Emocium's Aeonity Blog has set no fixed upper limit on the number or posts Member may send or receive through the Service or the amount of storage spaced used; however, Emocium's Aeonity Blog retains the right, at Emocium's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TOS and may terminate Service if a Member's conduct is found to be inconsistent with the TOS.
12. MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Emocium may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the TOS.
Member agrees to indemnify and hold Emocium, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this TOS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
Either Member or Emocium may terminate the Service with or without cause at any time and effective immediately. Emocium shall not be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately discontinue use of the Service.
Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and Emocium will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Emocium may broadcast notices or messages through the Service to inform Member of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. Emocium assumes no liability, obligation or responsibility for any part of any such correspondence or promotion
17. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by Emocium or Emocium's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
The TOS shall be governed by and construed in accordance with the laws of the state of Texas, excluding TOS conflict of law provisions.
Member and Emocium agree to submit to the exclusive jurisdiction of the courts of the state of California. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Emocium's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Emocium in writing.
Member and Emocium agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.