Effective: February 1, 2021
- License and Description of Services
Subject to your compliance with these Terms, HB grants to you a license to access the Site, which may include a variety of services and resources, including without limitation informational content about HB, blog posts and essays by HB writers or other third parties, educational content or curriculum, and other communications provided by HB. By using the Site, you agree to receive certain communications from HB, including without limitation service announcements, administrative messages, and other messages which HB may disseminate from time to time.
- Privacy and Submission of Data to HB
- Account Registration
For certain services, such as posting User Content (defined below) to the Site, you may be asked to create an account by providing HB with current and accurate information as prompted by the registration form. You are solely responsible for maintaining the confidentiality of your name and password and for any activity which occurs under your account. You agree to notify HB as soon as reasonably possible if you become aware of unauthorized use of your account or other security breach. HB will not be liable for any loss that you may incur as a result of a third party accessing or using your account, either with or without your knowledge. If you create an account with HB directly through the Site , your account status is subject to compliance with these Terms.
- HB Content
All text, graphics, images, music, video, audio, text, animation, widgets, user interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on or within the Site is owned, controlled, or licensed by or to HB, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms or in a separate written license agreement between you and HB, or as otherwise indicated in writing by HB, no part of the Site, including Content and User Content contained therein, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication, distribution, or for any enterprise (commercial or non-commercial), without HB’s express prior written consent.
You may use information purposely made available by HB for downloading (or other form of distribution) from the Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, educational, or informational purposes and do not copy or post such information on any networked computer or otherwise make it publicly available, unless HB communicates in writing its intent for such information to be used in this manner; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such information.
- User Content
You are solely responsible for all content created, provided, uploaded, linked or posted by you or by any person using a personal account registered to, by or on behalf of you (collectively “User Content”). You hereby warrant or agree:
- to comply with the laws of the United States and applicable state and local laws, including without limitation laws governing the transmission of technical data exported from the United States through the Internet and other electronic media, and laws pertaining to intellectual property;
- that all User Content you upload, post, or otherwise publish on or through the Site is innocent and contains no matter which is libelous or unlawful, or that infringes any copyright or other proprietary right, or any personal right of privacy or publicity; and if the User Content is not a work of fiction, all statements in the User Content asserted as facts are true and based upon reasonable research for accuracy. No recipe, formula, instruction, or advice contained in the User Content, if followed or implemented by any persons, will cause loss, damage, or injury to them or any other persons or property.
- not to disrupt, interfere with, or access without permission (“hack”) the Site or any website, network, server, system, or computer connected thereto;
- not to use the Site or the name of the Site or HB for or in connection with chain letters, junk mail, or spamming, and not to contact any other user without his or her prior consent;
- not to create, provide, upload, link, post, or transmit any unlawful, harassing, defamatory, libelous, abusive, threatening or harmful User Content or information on, to or through Site;
- not to create, provide, upload, link, post, or transmit any User Content or information on, to or through Site which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or violates applicable law; and
- not to intentionally interfere with the operation of the Site or the use and enjoyment thereof by other users or third parties.
- User Content License
By providing, uploading, posting, or otherwise publishing any User Content to the Site, you grant to HB a non-exclusive, royalty-free, perpetual right to publish, reproduce, display, and distribute the User Content through the Site or through other publishing or media channels owned or operated by HB or otherwise related to HB. Further, HB may utilize your User Content in promotion of the Site, HB, or other HB goods or services. The license granted in this section will survive termination of these Terms. If you and HB have entered into a separate written agreement regarding the license or assignment of rights related to your User Content that conflicts with these Terms, that separate written agreement will govern.
- User Conduct
In consideration of HB granting you access to the Site, you hereby agree that:
- You will not attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any HB server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
- You will not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site . You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, including any HB account not owned by you, or exploit the Site or any service or information made available or offered by or through the Site .
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or HB’s systems or networks, or any systems or networks connected to the Site or to HB.
- You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content, message, or other communication you send to HB or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity when accessing or otherwise using the Site.
- You will not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. HB reserves the right to bar any such activity.
- You may not use the Site or any Content or User Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of HB or others.
- Access to Site and Application/Violation of Terms
You understand and agree that you are solely responsible for obtaining access to the Site, which may involve equipment and third party fees (such as internet service provider fees, airtime charges, or other charges associated with the display and delivery of electronic communications).
You agree that HB may, for any reason or no reason and without prior notice, at HB’s sole discretion, immediately terminate your account and/or access to the Site at any time, and shall not be liable to you or any third party for any termination of your account or access to the Site. You also agree that HB will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
- Mobile Devices
There is no fee to access the public portions of the Site via mobile device but your carrier’s rates and fees, including without limitation data charges and restrictions, may apply.
- Modification of Service
HB reserves the sole and exclusive right to change, suspend, or terminate the Site and all related services at any time and from time to time with or without cause or prior notice. HB is not liable to you or any third party for any change to, suspension, or termination of the Site or related services.
- Modification of Terms
Should HB change any of these Terms, it will display them on the Site. For your convenience and future reference, the date of the version of these Terms is set forth above. Your continued use of the Site is your consent that you agree to the Terms of Service, so please be sure to check these Terms periodically. Please review these Terms frequently as HB may modify them from time to time. As provided in the disclaimer above, only the Terms which you have accepted or that are in effect at the time of your use will apply to you.
- Copyright Claims/DMCA.
If you believe a user has wrongfully posted User Content to the Site to which you are the rightful owner, you may send HB a takedown notice in accordance with the requirements of the Digital Millennium Copyright Act. Such notice should be sent to HomeschoolBlogger.com Attn: Angela Quigley, 1271 Glen Abbey Way, Gray, TN 37615, or by email with “DMCA Notice” in the subject line to email@example.com.
- Links to Other Websites/Third Party Content
The Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you and our users. Such Linked Sites are not under HB’s control, and HB is not responsible for and does not endorse the content of such Linked Sites.
The Site may feature content, including without limitation advertisements and promotions, created or obtained by or from third parties not owned or operated by HB. In your discretion, you may choose to contact, communicate, contract with, or participate in promotions offered by advertisers and other third-party providers of content appearing on the Site. YOU HEREBY RELEASE HB FROM ANY AND ALL LIABILITY RELATING TO CONTACT, COMMUNICATION, CONTRACTS AND OTHER RELATIONSHIPS BETWEEN YOU AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH SUCH ADVERTISERS OR OTHER THIRD PARTIES. HB assumes no responsibility, obligation or liability for contacts, communications, contracts, promotions or relationships between you and any advertiser or other third party.
- Void Where Prohibited
Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site may be available to all persons or in all geographic locations, or appropriate or available for use outside the United States. HB reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. You also acknowledge and agree that any personal information you provide to HB or any User Content you publish on the Site may be stored on servers in the United States.
You agree to indemnify and hold HB, its officers, directors, board members, PARENT ORGANIZATIONS, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against HB by any third party due to or arising out of or in connection with your violation of these Terms, including without limitation user content violating the rights of a third party.
- Limitation of Liability
Except where prohibited by law, in no event will HB be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, arising out of or related to your use of the Site , even if HB has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, HB is found to be liable to you for any damage or loss which arises out of or is related to your use of the Site , HB’s liability shall in no event exceed U.S. $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
The license granted to you subject to your compliance with these Terms is not assignable and may not be assigned or transferred to any third party.
- Severability and Waiver
If any provision of these Terms is found to be invalid, unenforceable, or illegal, the remaining terms and provisions will remain valid and enforceable. A waiver of any breach under these Terms will not constitute waiver of any rights or future breach and no waiver will be binding except in a signed writing.
- Governing Law
You agree that all matters relating to your access to or use of the Site , including all disputes, will be governed by the laws of the United States and by the laws of the State of Tennessee without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts of Washington County, Tennessee and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between HB and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
- Entire Agreement
Except as otherwise provided herein, these Terms constitute the entire agreement of the parties concerning the Site and other matters referenced herein and supersede any prior oral or written understandings regarding said matters.