Terms Of Service
Please read this Agreement carefully before accessing or using the Websites. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites or use any services. If these terms and conditions are considered an offer by Celebird, acceptance is expressly limited to these terms. The Websites are available only to individuals who are at least 13 years old.
Your celebird.com Account and Site. If you create an account on the Websites, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the data. You must not describe or assign keywords to your account or data uploaded on the website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Celebird may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Celebird liability. You must immediately notify Celebird of any unauthorized uses of your blog, your account or any other breaches of security. Celebird 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.
Responsibility of Contributors.
If you operate a blog, comment on a blog, upload or create material to the Websites, post links on the Websites, or otherwise make (or allow any third party to make) material available by means of the Websites (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, is not machine- or randomly-generated, 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 pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your data is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your data is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; 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 Celebird or otherwise.
By submitting Content to Celebird for inclusion on our Websites, you grant Celebird a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content, including for the purposes of displaying, distributing and promoting our site. If you delete Content, Celebird will use reasonable efforts to remove it from the Websites, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Celebird has the right (though not the obligation) to, in Celebird's sole discretion (i) refuse or remove any content that, in Celebird's reasonable opinion, violates any Celebird policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Websites to any individual or entity for any reason, in Celebird's sole discretion. Celebird will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
Optional paid services such as extra storage, or domain purchases are available on the Websites (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Celebird the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify Celebird before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site's dashboard.
Hosting, Support Services. VIP Hosting/Support and VIP Support services are provided by Celebird under the terms and conditions for each such service, which are located at vip.wordpress.com/hosting-tos and vip.wordpress.com/support-tos, respectively. By signing up for a VIP Hosting/Support or VIP Support services account, you agree to abide by such terms and conditions.
Special Services. Fees; Payment. By signing up for the celebird.com Special Services you agree to pay Celebird the specified monthly fees in exchange for access to the feeds. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. Celebird reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Special Service access can be canceled by you at anytime on 30 days written notice to Celebird. Permitted Use. You may use any celebird.com Special Service to develop a product or service that searches, displays, analyzes, retrieves, and views information available on celebird.com. You may also use the celebird.com name or logos and other brand elements that Celebird makes available in order to identify the source of the information. Restricted Use. You may not use any celebird.com Special Service to substantially replicate products or services offered by Celebird, including the republication of celebird.com content or the creation of a separate publishing platform. If Celebird believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access any celebird.com Special Service may be temporarily or permanently revoked, with or without notice.
Responsibility of Websites Visitors.
Celebird has not reviewed, and cannot review, all of the material, including computer software, posted to the Websites, and cannot therefore be responsible for that material's content, use or effects. By operating the Websites, Celebird 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. The Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites 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. Celebird disclaims any responsibility for any harm resulting from the use by visitors of the Websites, or from any downloading by those visitors of content there posted. Content Posted on Other Websitess. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which celebird.com links, and that link to celebird.com. Celebird does not have any control over those non-Celebird websites and webpages, and is not responsible for their contents or their use. By linking to a non-Celebird website or webpage, Celebird 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. Celebird disclaims any responsibility for any harm resulting from your use of non-Celebird websites and webpages.
Copyright Infringement and DMCA Policy.
As Celebird 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 celebird.com violates your copyright, you are encouraged to notify Celebird in accordance with Celebird's Digital Millennium Copyright Act ("DMCA") Policy. Celebird will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Celebird will terminate a visitor's access to and use of the Websites if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Celebird or others. In the case of such termination, Celebird will have no obligation to provide a refund of any amounts previously paid to Celebird.
This Agreement does not transfer from Celebird to you any Celebird or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Celebird. Celebird, Celebird, celebird.com, the celebird.com logo, and all other trademarks, service marks, graphics and logos used in connection with celebird.com, or the Websites are trademarks or registered trademarks of Celebird or Celebird's licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any Celebird or third-party trademarks.
Advertisements. Celebird reserves the right to display advertisements on any associated blog unless you have purchased an Ad-free Upgrade or a VIP Services account. Attribution. Celebird reserves the right to display attribution links such as 'Blog at celebird.com', 'Feed from celebird.com', theme author, and font attribution in your blog footer or toolbar. Footer credits and the celebird.com toolbar may not be altered or removed regardless of upgrades purchased.
Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
Changes. Celebird reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Websites following the posting of any changes to this Agreement constitutes acceptance of those changes. Celebird may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Celebird may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your celebird.com account (if you have one), you may simply discontinue using the Websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Websites are provided "as is". Celebird and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Celebird nor its suppliers and licensors, makes any warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk.
Limitation of Liability. In no event will Celebird, or its suppliers, distributors, or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data, lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages; or (iv) for any amounts that exceed the fees paid by you to Celebird under this agreement during the twelve (12) month period prior to the cause of action. Celebird shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Celebird, 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 the Websites, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Celebird and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Celebird, or by the posting by Celebird of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Websites will be governed by the laws of the state of California, 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 San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement 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 this Agreement 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 this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Celebird may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.