good faith belief that such action is necessary to: (1) conform to the edicts of the law orcomply with legal process served on Pyra; (2) protect and defend the rights or property ofPyra; or (3) act under exigent circumstances to protect the personal safety of BTSmembers or the public; (4) fix or debug problems with the Blogger software/service.6a. CONTENT OWNERSHIP Unless stated otherwise for specific services, Member willretain copyright ownership and all related rights for information he or publishes throughBlogger or otherwise enters into Blogger-related services.6b. CONTENT RESPONSIBILITY Member acknowledges and agrees that Pyra neitherendorses the contents of any Member communications nor assumes responsibility for anythreatening, libelous, obscene, harassing or offensive material contained therein, anyinfringement of third party intellectual property rights arising therefrom or any crimefacilitated thereby.7. MEMBER ACCOUNT, PASSWORD, AND SECURITY Once you become a memberof the Service, you shall receive a password and an account. You are entirely responsibleif 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 team area of any blog youare a member of, click on your name and then "edit profile"); you may also set up a newaccount and close an old one at your convenience.Member agrees to immediately notify Pyra of any unauthorized use of Members accountor any other breach of security known to Member.8. DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY AGREES THAT USEOF THE SERVICE IS AT MEMBERS SOLE RISK. THE SERVICE IS PROVIDEDON AN "AS IS" AND "AS AVAILABLE" BASIS.PYRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHEREXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENT.PYRA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOURREQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY ASTO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANYINFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS INTHE SOFTWARE WILL BE CORRECTED.MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/ORDATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OFTHE SERVICE IS DONE AT MEMBERS OWN DISCRETION AND RISK AND
THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TOMEMBERS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROMTHE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.PYRA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICESPURCHASED OR OBTAINED THROUGH THE SERVICE OR ANYTRANSACTIONS ENTERED INTO THROUGH THE SERVICE.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINEDBY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANYWARRANTY NOT EXPRESSLY MADE HEREIN.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TOYOU.9. LIMITATION OF LIABILITY PYRA SHALL NOT BE LIABLE FOR ANYDIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE ORFOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ORRESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED ORMESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THESERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO ORALTERATION OF MEMBERS TRANSMISSIONS OR DATA, INCLUDING BUTNOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHERINTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OFLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OFTHE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.10. NO RESALE OF THE SERVICE Member agrees not to resell the Service, withoutthe express consent of Pyra. (Note: Setting up Blogger blogs for clients to update theirweb pages and charging for your time is fine.)11. STORAGE AND OTHER LIMITATIONS Pyra assumes no responsibility for thedeletion or failure to store information entered into Blogger.Pyra has set no fixed upper limit on the number or posts Member may send or receivethrough the Service or the amount of storage spaced used; however, Pyra retains the right,at Pyras sole discretion, to determine whether or not Members conduct is consistent withthe letter and spirit of the BTS and may terminate Service if a Members conduct is foundto be inconsistent with the BTS.
12. MEMBER CONDUCT Member is solely responsible for the contents of his or hertransmissions through the Service. Members use of the Service is subject to allapplicable local, state, national and international laws and regulations.Member agrees: (1) to comply with US law regarding the transmission of technical dataexported from the United States through the Service; (2) not to use the Service for illegalpurposes; (3) not to interfere or disrupt networks connected to the Service; and (4) tocomply with all regulations, policies and procedures of networks connected to theService.The Service makes use of the Internet to send and receive certain messages; therefore,Members conduct is subject to Internet regulations, policies and procedures. Memberwill not use the Service for chain letters, junk mail, spamming or any use of distributionlists to any person who has not given specific permission to be included in such aprocess.Member agrees not to transmit through the Service any unlawful, harassing, libelous,abusive, threatening, or harmful material of any kind or nature. Member further agreesnot to transmit any material that encourages conduct that could constitute a criminaloffense, give rise to civil liability or otherwise violate any applicable local, state, nationalor international law or regulation. Attempts to gain unauthorized access to othercomputer systems are prohibited.Member shall not interfere with another Members use and enjoyment of the Service oranother entitys use and enjoyment of similar services.Pyra may, at its sole discretion, immediately terminate Service should Members conductfail to conform with these terms and conditions of the BTS.13. INDEMNIFICATION Member agrees to indemnify and hold Pyra, 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 ofMembers use of the Service, the violation of this BTS by Member, or the infringementby Member, or other user of the Service using Members computer, of any intellectualproperty or other right of any person or entity.14. TERMINATION Either Member or Pyra may terminate the Service with or withoutcause at any time and effective immediately. Pyra shall not be liable to Member or anythird party for termination of Service.Should Member object to any terms and conditions of the BTS or any subsequentmodifications thereto or become dissatisfied with the Service in any way, Members onlyrecourse is to immediately discontinue use of the Service.
Upon termination of the Service, Members right to use the Service and Softwareimmediately ceases. Member shall have no right and Pyra will have no obligationthereafter to forward any unread or unsent messages to Member or any third party.15. NOTICE All notices to a party shall be in writing and shall be made either via emailor conventional mail. Pyra may broadcast notices or messages through the Service toinform Member of changes to the BTS, the Service, or other matters of importance; suchbroadcasts shall constitute notice to Member.16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS Member may enter intocorrespondence with or participate in promotions of the Advertisers showing theirproducts on the Service. Any such correspondence or promotions, including the deliveryof and the payment for goods and services, and any other terms, conditions, warranties orrepresentations associated with such correspondence or promotions, are solely betweenthe corresponding Member and the Advertiser. Pyra assumes no liability, obligation orresponsibility 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 orother material contained in either sponsor advertisements or email-distributed,commercially produced information presented to Member by the Service ("Content") byPyra or Pyras Advertisers, is protected by copyrights, trademarks, service marks, patentsor other proprietary rights and laws; therefore, Member is only permitted to use thisContent as expressly authorized by the Service or the Advertiser. Member may not copy,reproduce, distribute, or create derivative works from this Content without expresslybeing authorized to do so by the Service or the Advertiser.18. LAWS The BTS shall be governed by and construed in accordance with the laws ofthe state of California, excluding BTS conflict of law provisions.Member and Pyra agree to submit to the exclusive jurisdiction of the courts of the state ofCalifornia. If any provision(s) of the BTS is held by a court of competent jurisdiction tobe contrary to law, then such provision(s) shall be construed, as nearly as possible, toreflect the intentions of the parties with the other provisions remaining in full force andeffect.Pyras failure to exercise or enforce any right or provision of the BTS shall not constitutea waiver of such right or provision unless acknowledged and agreed to by Pyra in writing.Member and Pyra agree that any cause of action arising out of or related to this Servicemust commence within one (1) year after the cause of action arose; otherwise, such causeof action is permanently barred. The section titles in the BTS are solely used for theconvenience of the parties and have no legal or contractual significance.Terms of Service for Blogspot.com
entity, including, but not limited to, a Pyra official, forum leader, guide or host, or falselystate or otherwise misrepresent your affiliation with a person or entity; (d) upload, post orotherwise transmit any Content that you do not have a right to transmit under any law orunder contractual or fiduciary relationships (such as inside information, proprietary andconfidential information learned or disclosed as part of employment relationships orunder nondisclosure agreements); (e) upload, post or otherwise transmit any Content thatinfringes any patent, trademark, trade secret, copyright or other proprietary rights of anyparty; (f) upload, post or otherwise transmit any material that contains software viruses orany other computer code, files or programs designed to interrupt, destroy or limit thefunctionality of any computer software or hardware or telecommunications equipment;(g) interfere with or disrupt the Service or servers or networks connected to the Service,or disobey any requirements, procedures, policies or regulations of networks connected tothe Service; (h) intentionally or unintentionally violate any applicable local, state,national or international law, including, but not limited to, regulations promulgated by theU.S. Securities and Exchange Commission, any rules of any national or other securitiesexchange, including, without limitation, the New York Stock Exchange, the AmericanStock Exchange or the NASDAQ, and any regulations having the force of law; (i) "stalk"or otherwise harass another; (j) collect or store personal data about other users; (k)promote or provide instructional information about illegal activities, promote physicalharm or injury against any group or individual, or promote any act of cruelty to animals.This may include, but is not limited to, providing instructions on how to assemble bombs,grenades and other weapons, and creating "Crush" sites;5. CONTENT SUBMITTED TO BlogSpotPyra does not claim ownership of the Content you place on your BlogSpot Site. Pyra mayquote or reproduce small portions of your content (if you have made it public) in order topromote your BlogSpot site and/or the BlogSpot service, but only on a fair-use-typebasis.You acknowledge that Pyra does not pre-screen Content, but that Pyra and its designeesshall have the right (but not the obligation) in their sole discretion to refuse or removeany Content that is available via the Service. Without limiting the foregoing, Pyra and itsdesignees shall have the right to remove any Content that violates the TOS or isotherwise objectionable. You agree that you must evaluate, and bear all risks associatedwith, the use of any Content, including any reliance on the accuracy, completeness, orusefulness of such Content.6. INDEMNITY You agree to indemnify and hold Pyra, and its subsidiaries, affiliates,officers, agents, co-branders or other partners, and employees, harmless from any claimor demand, including reasonable attorneys fees, made by any third party due to or arisingout of your Content, your use of the Service, your connection to the Service, yourviolation of the TOS, or your violation of any rights of another.7. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell orexploit any portion of the Service, use of the Service, or access to the Service.
12. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND ANDAGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THESERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PyraEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHEREXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENT. (b) Pyra MAKES NO WARRANTY THAT(i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILLBE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTSTHAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BEACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOUTHROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANYERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIALDOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THESERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOUWILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERSYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANYSUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL ORWRITTEN, OBTAINED BY YOU FROM Pyra OR THROUGH OR FROM THESERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THETOS. (e) IF YOU HAVE READ THIS FAR THEN YOUR EYES PROBABLY HURT.ALL CAPS, WHAT WERE WE THINKING? HOWEVER, WE ARE NOT LIABLEFOR THIS OR ANY OTHER OCULAR MALADY.13. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREETHAT Pyra SHALL NOT BE LIABLE 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 Pyra HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTINGFROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COSTOF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTINGFROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OROBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTOTHROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO ORALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS ORCONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHERMATTER RELATING TO THE SERVICE.14. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OREXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIALDAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OFSECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
15. NOTICE Notices to you may be made via either email or regular mail. The Servicemay also provide notices of changes to the TOS or other matters by displaying notices orlinks to notices to you generally on the Service.16. GENERAL INFORMATION The TOS constitute the entire agreement between youand Pyra and govern your use of the Service, superceding any prior agreements betweenyou and Pyra or BlogSpot (including, but not limited to, any prior versions of the TOS).You also may be subject to additional terms and conditions that may apply when you useaffiliate or other Pyra services, third-party content or third-party software. The TOS andthe relationship between you and Pyra shall be governed by the laws of the State ofCalifornia without regard to its conflict of law provisions. You and Pyra agree to submitto the personal and exclusive jurisdiction of the courts located within the county of SanFrancisco, California. The failure of Pyra to exercise or enforce any right or provision ofthe TOS shall not constitute a waiver of such right or provision. If any provision of theTOS is found by a court of competent jurisdiction to be invalid, the parties neverthelessagree that the court should endeavor to give effect to the parties intentions as reflected inthe provision, and the other provisions of the TOS remain in full force and effect. Youagree that regardless of any statute or law to the contrary, any claim or cause of actionarising out of or related to use of the Service or the TOS must be filed within one (1) yearafter such claim or cause of action arose or be forever barred. The section titles in theTOS are for convenience only and have no legal or contractual effect.17. VIOLATIONS Please report any violations of the TOS via the Blogger Support homepage.