Acceptance of Terms
The webpages available at townhog.com, and all linked pages
("Site"), are owned and operated by Dotblu, Inc. ("Dotblu"), a
California corporation, and is accessed by you under the Terms of Use
described below ("Terms of Use").
Description of Dotblu
Subject to full compliance with the Terms of Use, Dotblu may offer
to provide certain services and content, as described more fully on the
Site, ("Services"). Services shall include, but not be limited to, any
service and content Dotblu performs for you, as well as the offering of
any materials displayed or
performed on the Site (including, but not limited to text, user
comments, messages, information, data, graphics, news articles,
photographs, images, illustrations, software, audio clips and video
clips, also known as the "Content"). Dotblu may change, suspend
or discontinue the Services including any Content for any reason, at
any time, including the availability of any feature or content. Dotblu
may also impose limits on certain features and services or restrict
your access to parts or all of the Services without notice or
liability. For more information, please see http://townhog.com.
Further Service Understandings
Unless explicitly stated otherwise, any new features that augment
or enhance the Service, shall be subject to the Terms of Use. You
understand and agree that the Service is provided AS-IS and that Dotblu
assumes no responsibility for the timeliness, deletion, misdelivery or
failure to store any user communications or personalization settings.
Your Registration Obligations
In consideration of your use of the Service, you agree to: (a)
provide true, accurate, current and complete information about yourself
as prompted by the Service registration form (such information being
the Registration Data) and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or Dotblu has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Dotblu
has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).
Purchases
You agree to pay all fees, charges and/or associated taxes (“Fees”)
made to your account based on Dotblu’s fees, charges, and billing terms
in effect as shown on TownHog. If you do not pay on time or if Dotblu
cannot charge your credit card, PayPal or other payment method for any
reason, Dotblu reserves the right to either suspend or terminate your
access to the Site and your account and terminate these Terms. You are
expressly agreeing that Dotblu is permitted to bill you for the
applicable Fees you may incur in connection with your use of this Site
and the Fees will be billed to your credit card, PayPal or other
payment method designated
on purchase of subscriptions, items and services from this Site. If you
cancel your account at any time, you will not receive any refund. If
you have a balance due on any account, you agree that Dotblu may charge
such unpaid Fees to your credit card or otherwise bill you for such
unpaid Fees.
US$ Purchases:
When you purchase subscriptions, items and services on this Site, with
cash or monetary equivalent, your purchases are non-refundable and are
made at your own risk. If you have any billing problem or question,
please click here
to send us an email with a description of your problem. Additionally,
if Dotblu disables your use of an item as set forth in these Terms, any
cash or any credits that you used to purchase such items will not be
refunded.
Currency
The Site includes
in-world fictional "Currencies" (“Blubucks”), which may be purchased
for real world currency and can then be exchanged on this Site for
limited license right(s) to use a feature of our product when, as, and
if allowed by Dotblu and subject to the terms and conditions of these
Terms. Dotblu may charge fees for the right to use our Currencies, or
may distribute our Currencies without charge, in Dotblu’s sole
discretion. Regardless of terminology used, Dotblu Currencies are not
redeemable for any sum of real world money or monetary value from
Dotblu at any time. You agree that Dotblu has the absolute right to
manage, regulate, control, modify and/or eliminate such Currencies as
it sees fit in its sole discretion, in any general or specific case,
and that Dotblu will have no liability to you based on its exercise of
such rights. Dotblu Currencies cannot be used for any kind of wagering,
betting or gambling outside of our Site. You also agree to use Dotblu’s
Currencies for all transactions involving Dotblu products or services
and related use rights and you agree not to create, employ, or utilize
any parallel form of virtual currency in connection with any
transaction on this Site. Dotblu may allow for free exchange of some,
all, or none of its Currencies via third parties, but Dotblu does not
assume any responsibility associated with your transactions with such
third parties.
Member Account, Password and Security
You will create a password and account during the Service
registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify Dotblu of any unauthorized use of your
password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. Dotblu
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section.
Member Account
In using the Dotblu Services, you understand that you are liable
for all information, in whatever form, (Information) you make available
to your customers. You agree not to use the Service to:
- upload, post,
email, transmit or otherwise make available any Information that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
-
harm minors in any way;
-
Impersonate any person or entity, including, but not limited to, a
Dotblu official, forum leader, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Information
transmitted through the Service;
- upload, post, email, transmit or
otherwise make available any Information that you do not have a right
to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
- upload, post, email, transmit or
otherwise make available any Information that infringes any patent,
trademark, trade secret, copyright or other proprietary rights (Rights)
of any party;
- upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes,
or any other form of solicitation, except to the limited extent
permitted in those areas that are designated for such purpose and
within the scope of such designation;
- upload, post, email, transmit or
otherwise make available any material that contains software viruses or
any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment;
- 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
to the Service;
- intentionally or unintentionally violate
any applicable local, state, national or international law, or other
applicable rules, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law; or
-
stalk or otherwise harass another.
You acknowledge that Dotblu does not prescreen any Content working
in coordination with the Service, but that Dotblu and its designees
shall have the right (but not the obligation) in their sole discretion
to rescind use of the Service. You acknowledge and agree that Dotblu
may preserve Information and may also disclose Information if required
to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the Terms of Use; (c) respond to claims that any
Information violates the rights of third parties; or (d) protect the
rights, property, or personal safety of Dotblu, its users and/or the
public. You understand that the technical processing and transmission
of the Service, including your Information, may involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable
Information. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside.
Indemnity
You agree to indemnify and hold Dotblu, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Information you submit, post, transmit or make available through the
Services, your use of the Services, your connection to the Services,
your violation of the Terms of Use, or your violation of any rights of
another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service, other than as provided within
the scope of the Service.
Modifications to Service
Dotblu reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. Dotblu will not be responsible to
you for refund, in whole or part, of service fees for any reason. You
agree that Dotblu shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
Termination
You agree that Dotblu, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and
remove and discard any Information within the Service, for any reason,
including, without limitation, for lack of use, failure to timely pay
any fees or other moneys due Dotblu, or if Dotblu believes that you
have violated or acted inconsistently with the letter or spirit of the
Terms of Use. Dotblu may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service
under any provision of this Terms of Use may be effected without prior
notice, and acknowledge and agree that Dotblu may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the
Service. Further, you agree that Dotblu shall not be liable to you or
any third-party for any termination of your access to the Service.
Links
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Dotblu has no control
over such sites and resources, you acknowledge and agree that Dotblu is
not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
Dotblu shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services
available on or through any such site or resource.
Dotblu's Proprietary Rights
You acknowledge and agree that the Service and any necessary
software used in connection with the Service (Software) contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that information presented to you through the
Service is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized by
Dotblu, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole
or in part. Dotblu grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software
on a single computer; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the
Services by any means other than through the interface that is provided
by Dotblu for use in accessing the Service.
You understand that by posting materials on the Dotblu website or
otherwise providing materials to Dotblu, you are granting to Dotblu
Corporation a royalty-free, perpetual, irrevocable license to use this
information in the course of offering the Dotblu service. Furthermore,
you understand that Dotblu retains the right to reformat, excerpt, or
translate any materials submitted by you. You understand that all
information publicly posted or privately transmitted through the Dotblu
Service is the sole responsibility of the person from which such
content originated and that Dotblu will not be liable for any errors or
omissions in any content. You understand that Dotblu cannot guarantee
the identity of any other users with whom you may interact in the
course of using the Dotblu Service. Additionally, we cannot guarantee
the authenticity of any data which users may provide about themselves.
Disclaimer of Warranties
You Expressly Understand and Agree that:
- YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS
AND AS AVAILABLE BASIS. Dotblu 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.
- Dotblu MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM Dotblu OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOTBLU 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 Dotblu
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE
TERMS OF USE SECTIONS MAY NOT APPLY TO YOU.
Notice
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the Terms of Use or
other matters by displaying notices or links to notices to you
generally on the Service. Our mailing address is Dotblu, Inc., 360
Ritch Street, Suite 205, San Francisco, CA 94107, USA.
Trademark Information
Dotblu, trademarks and service marks, and other Dotblu logos and
product and service names are owned by and /or trademarks of Dotblu
(the Dotblu Marks). Without Dotblu's prior permission, you agree not to
display or use in any manner, the Dotblu Marks.
General Information
- Entire Agreement. The Terms of Use
constitutes the entire agreement between you and Dotblu and governs
your use of the Service, superseding any prior agreements between you
and Dotblu. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party Information
or third-party software.
- Choice of Law. The Terms of Use and the
provision of Service to you are governed by the laws of the state of
California, U.S.A. as such laws are applied to agreements entered into
and to be performed entirely within California by California residents.
- Arbitration. Any controversy or claim
arising out of or relating to the Terms of Use or the provision of
Service shall be finally settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration shall be
conducted in San Francisco, California, and judgment on the arbitration
award may be entered in any court having jurisdiction thereof. However,
you and Dotblu agree to submit to the personal jurisdiction of the
courts located within the city and county of San Francisco, California.
Either you or Dotblu may seek any interim or preliminary relief from a
court of competent jurisdiction in San Francisco, California necessary
to protect the rights or property of you or Dotblu (or its agents,
suppliers, and subcontractors) pending the completion of arbitration.
- Invalid Provisions. The failure of Dotblu
to exercise or enforce any right or provision of the Terms of Use shall
not constitute a waiver of such right or provision. If any provision of
the Terms of Use is found by an arbitrator or court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
arbitrator or court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the Terms of Use remain in full force and effect.
- Time to File Claim. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the Terms of
Use must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
-
Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Violations
Please report any violations of the Terms of Use here.
Date Last Modified:
The Terms of Use were last modified on June 9, 2009.