Please read this Agreement carefully before accessing or using the Website. 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 conditionsof this agreement, then you may not access the Website or use any services. If these terms and conditions are consideredan offer by Barclay Earth Depot, acceptance is expressly limited to these terms. The Website is available only to individuals who areat least 13 years old.
- Your earthdepot.com Account and Site. If you create a blog/site on the Website, you are responsible for maintainingthe security of your account and blog, and you are fully responsible for all activities that occur under the accountand any other actions taken in connection with the blog. You must not describe or assign keywords to your blog ina misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, andBarclay Earth Depot may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likelyto cause Barclay Earth Depot liability. You must immediately notify Barclay Earth Depot of any unauthorized uses of your blog, your account or anyother breaches of security. Barclay Earth Depot will not be liable for any acts or omissions by You, including any damages of anykind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website,post links on the Website, or otherwise make (or allow any third party to make) material available by means of theWebsite (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 audiofile, 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 limitedto 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 fromyour employer to post or make available the Content, including but not limited to any software, or (ii) securedfrom 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 necessaryto 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 destructivecontent;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercialcontent designed to drive traffic to third party sites or boost the search engine rankings of third partysites, 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 towards individuals or entities,and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, emaillists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog 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 thanyour 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 Barclay Earth Depot or otherwise.
By submitting Content to Barclay Earth Depot for inclusion on your Website, you grant Barclay Earth Depot a world-wide, royalty-free, and non-exclusivelicense to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributingand promoting your blog. If you delete Content, Barclay Earth Depot will use reasonable efforts to remove it from the Website,but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Barclay Earth Depot has the right (though not the obligation) to, inBarclay Earth Depot’s sole discretion (i) refuse or remove any content that, in Barclay Earth Depot’s reasonable opinion, violates any Barclay Earth Depot policyor is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to anyindividual or entity for any reason, in Barclay Earth Depot’s sole discretion. Barclay Earth Depot will have no obligation to provide a refundof any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Barclay Earth Depot the one-time and/or monthly or annual subscriptionfees indicated (additional payment terms may be included in other communications). Subscription paymentswill be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that servicefor a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Barclay Earth Depot before the end of the applicable subscription period that you want to cancel a subscription,your subscription will automatically renew and you authorize us to collect the then-applicable annual ormonthly subscription fee for such subscription (as well as any taxes) using any credit card or other paymentmechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Barclay Earth Depotin writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Barclay Earth Depot the applicable setup feesand recurring fees. Applicable fees will be invoiced starting from the day your services are establishedand in advance of using such services. Barclay Earth Depot reserves the right to change the payment terms and fees upon thirty(30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days writtennotice to Barclay Earth Depot.
- Support. If your service includes access to priority email support. Email support means the abilityto make requests for technical support assistance by email at any time (with reasonable efforts by Barclay Earth Depot torespond within one business day) concerning the use of the VIP Services. Priority means that support takespriority over support for users of the standard or free earthdepot.com services. All support will be provided in accordancewith Barclay Earth Depot standard services practices, procedures and policies.
- Responsibility of Website Visitors. Barclay Earth Depot has not reviewed, and cannot review, all of the material, includingcomputer software, posted to the Website, and cannot therefore be responsible for that material’s content, use oreffects. By operating the Website, Barclay Earth Depot does not represent or imply that it endorses the material there posted, orthat it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautionsas necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmfulor destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable,as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may alsocontain material that violates the privacy or publicity rights, or infringes the intellectual property and otherproprietary rights, of third parties, or the downloading, copying or use of which is subject to additional termsand conditions, stated or unstated. Barclay Earth Depot disclaims any responsibility for any harm resulting from the use by visitorsof the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, includingcomputer software, made available through the websites and webpages to which earthdepot.com links, and that link to earthdepot.com. Barclay Earth Depotdoes not have any control over those non-Barclay Earth Depot websites and webpages, and is not responsible for their contents ortheir use. By linking to a non-Barclay Earth Depot website or webpage, Barclay Earth Depot does not represent or imply that it endorses such websiteor webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systemsfrom viruses, worms, Trojan horses, and other harmful or destructive content. Barclay Earth Depot disclaims any responsibility forany harm resulting from your use of non-Barclay Earth Depot websites and webpages.
- Copyright Infringement and DMCA Policy. As Barclay Earth Depot 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 earthdepot.comviolates your copyright, you are encouraged to notify Barclay Earth Depot in accordance with Barclay Earth Depot’s Digital Millennium Copyright Act(DMCA) Policy. Barclay Earth Depot will respond to all such notices, including as required or appropriate by removing the infringingmaterial or disabling all links to the infringing material. Barclay Earth Depot will terminate a visitor’s access to and use of theWebsite if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrightsor other intellectual property rights of Barclay Earth Depot or others. In the case of such termination, Barclay Earth Depot will have no obligationto provide a refund of any amounts previously paid to Barclay Earth Depot.
- Intellectual Property. This Agreement does not transfer from Barclay Earth Depot to you any Barclay Earth Depot or third party intellectualproperty, and all right, title and interest in and to such property will remain (as between the parties) solely withBarclay Earth Depot. Barclay Earth Depot, earthdepot.com, the earthdepot.com logo, and all other trademarks, service marks, graphics and logos used in connection withearthdepot.com, or the Website are trademarks or registered trademarks of Barclay Earth Depot or Barclay Earth Depot’s licensors. Other trademarks, service marks,graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use ofthe Website grants you no right or license to reproduce or otherwise use any Barclay Earth Depot or third-party trademarks.
- Advertisements. Barclay Earth Depot reserves the right to display advertisements on your blog unless you have purchasedan ad-free account.
- Attribution. Barclay Earth Depot reserves the right to display attribution links such as ‘Blog at earthdepot.com,’ theme author, andfont attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to thatpartner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domainname, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporationfor Assigned Names and Numbers (ICANN), including theirRegistration Rights and Responsibilities.
- Changes. Barclay Earth Depot 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 theWebsite following the posting of any changes to this Agreement constitutes acceptance of those changes. Barclay Earth Depot may also,in the future, offer new services and/or features through the Website (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. Barclay Earth Depot may terminate your access to all or any part of the Website at any time, with or withoutcause, with or without notice, effective immediately. If you wish to terminate this Agreement or your earthdepot.com account(if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paidservices account, such account can only be terminated by Barclay Earth Depot if you materially breach this Agreement and fail tocure such breach within thirty (30) days from Barclay Earth Depot’s notice to you thereof; provided that, Barclay Earth Depot can terminate the Websiteimmediately as part of a general shut down of our service. All provisions of this Agreement which by their natureshould survive termination shall survive termination, including, without limitation, ownership provisions, warrantydisclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided as is. Barclay Earth Depot and its suppliers and licensors hereby disclaimall warranties of any kind, express or implied, including, without limitation, the warranties of merchantability,fitness for a particular purpose and non-infringement. Neither Barclay Earth Depot nor its suppliers and licensors, makes any warrantythat the Website will be error free or that access thereto will be continuous or uninterrupted. You understand thatyou download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Barclay Earth Depot, or its suppliers or licensors, be liable with respect toany subject matter of this agreement under any contract, negligence, strict liability or other legal or equitabletheory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute productsor services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed thefees paid by you to Barclay Earth Depot under this agreement during the twelve (12) month period prior to the cause of action. Barclay Earth Depotshall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shallnot apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Barclay Earth Depot, its contractors, and its licensors, and theirrespective directors, officers, employees and agents from and against any and all claims and expenses, includingattorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Barclay Earth Depot and you concerning the subjectmatter hereof, and they may only be modified by a written amendment signed by an authorized executive of Barclay Earth Depot, orby the posting by Barclay Earth Depot of a revised version. Except to the extent applicable law, if any, provides otherwise, thisAgreement, any access to or use of the Website will be governed by the laws of the Commonwealth of Virginia, U.S.A.,excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to anyof the same will be the state and federal courts located in Fairfax County, Virginia. Except for claims for injunctiveor equitable relief or claims regarding intellectual property rights (which may be brought in any competent courtwithout the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance withthe Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitratorsappointed in accordance with such Rules. The arbitration shall take place in Fairfax, Virginia, in the English languageand the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforcethis 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 fullforce and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in anyone instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rightsunder this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Barclay Earth Depot mayassign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to thebenefit of the parties, their successors and permitted assigns.