Last update on Feb. 2nd, 2010.

NetworkedBlogs is a social networking service developed and owned by Ninua, Inc., a Delaware Corporation, that allows Members to register their blogs and create personal profiles online in order to promote their blogs or read other blogs or connect with other members. NetworkedBlogs ("NetworkedBlogs" or "we") includes the http://networkedblogs.com/ website (the "NetworkedBlogs Website"), the NetworkedBlogs Facebook Application, the NetworkedBlogs Widgets that live on other blogs and Web sites, and any other features, content, or applications offered from time to time by Ninua Inc. in connection with NetworkedBlogs. 

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of NetworkedBlogs. By using NetworkedBlogs, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the NetworkedBlogs Website) or you are a "Member" (which means that you have registered with NetworkedBlogs). The term "User" refers to a Visitor or a Member. You are only authorized to use NetworkedBlogs (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.

Read this Agreement carefully and save it. If you do not agree with it, you should leave NetworkedBlogs and discontinue use of it immediately. If you wish to become a Member, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes NetworkedBlogs's policy for acceptable use of the NetworkedBlogs and Content posted on it, your rights, obligations and restrictions regarding your use of NetworkedBlogs and NetworkedBlogs's Privacy Policy.

Ninua, Inc. may modify this Agreement from time to time and such modification shall be effective upon posting on the NetworkedBlogs Website. You agree to be bound to any changes to this Agreement when you use NetworkedBlogs after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on NetworkedBlogs and that you provide to other Users. Your NetworkedBlogs profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other NetworkedBlogs Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and NetworkedBlogs assumes no responsibility or liability for this material. If you become aware of misuse of NetworkedBlogs by any person, please contact us and report the offense.

Ninua, Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of NetworkedBlogs at any time, for any or no reason, with or without prior notice, and without liability. 

NetworkedBlogs expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of NetworkedBlogs if Ninua, Inc. determines, in its sole discretion, that you pose a threat to NetworkedBlogs and/or its Users.

1. Eligibility. Use of and Membership in NetworkedBlogs is void where prohibited.

   By using NetworkedBlogs, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of NetworkedBlogs does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2. Term. This Agreement shall remain in full force and effect while you use NetworkedBlogs or are a Member. You may terminate your Membership at any time, for any reason.  NetworkedBlogs may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3. Fees. You acknowledge that NetworkedBlogs reserves the right to charge for NetworkedBlogs and to change its fees from time to time in its discretion. If NetworkedBlogs terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. Password. When you sign up to become a Member, you may be asked to choose a password, or allowed to sign up through the use of your Facebook, Twitter, or other accounts. You are entirely responsible for maintaining the confidentiality of your password and credentials to your accounts. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify NetworkedBlogs immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account.

5. Non-commercial Use by Members. NetworkedBlogs is for the personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by NetworkedBlogs. Illegal and/or unauthorized use of NetworkedBlogs, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the NetworkedBlogs Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Blog Listing pages without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of NetworkedBlogs.

6. Proprietary Rights in Content on NetworkedBlogs.
   NetworkedBlogs  does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant NetworkedBlogs the following worldwide, royalty-free and non-exclusive license(s), as applicable:

1. With respect to Content you submit or make available for inclusion on publicly accessible areas of NetworkedBlogs, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific NetworkedBlogs  to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or NetworkedBlogs removes such Content from the Service.
2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than NetworkedBlogs, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or NetworkedBlogs removes such Content from the Service.
3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

7. Content Posted.

1. NetworkedBlogs may delete any Content that in the sole judgment of NetworkedBlogs violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.

   NetworkedBlogs assumes no responsibility for monitoring NetworkedBlogs Services for inappropriate Content or conduct. If at any time NetworkedBlogs chooses, in its sole discretion, to monitor the NetworkedBlogs Services, NetworkedBlogs nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

2. You are solely responsible for the Content that you post on or through any of the NetworkedBlogs Services, and any material or information that you transmit to other Members and for your interactions with other Users. NetworkedBlogs does not endorse and has no control over the Content. Content is not necessarily reviewed by NetworkedBlogs prior to posting and does not necessarily reflect the opinions or policies of NetworkedBlogs. NetworkedBlogs makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the NetworkedBlogs Services. NetworkedBlogs reserves the right to investigate and take appropriate legal action against anyone who, in NetworkedBlogs's sole discretion, violates this provision, including without limitation, removing the offending communication from the NetworkedBlogs Services and terminating the Membership of such violators.

   Prohibited Content includes, but is not limited to Content that, in the sole discretion of NetworkedBlogs:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
    
    The following is a partial list of the kind of activity that is illegal or prohibited on NetworkedBlogs and through your use of the NetworkedBlogs Services. NetworkedBlogs reserves the right to investigate and take appropriate legal action against anyone who, in NetworkedBlogs's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    
    

16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
17. advertising to, or solicitation of, any Member to buy or sell any products or services through the NetworkedBlogs Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the NetworkedBlogs Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent
18. covering or obscuring the banner advertisements on your personal profile page, or any NetworkedBlogs page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to register blogs, add friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the NetworkedBlogs Services or the networks or services connected to the NetworkedBlogs Services;
21. attempting to impersonate another Member or person;
22. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
23. using any information obtained from the NetworkedBlogs Services in order to harass, abuse, or harm another person;
24. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the NetworkedBlogs Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
25. using the NetworkedBlogs Services in a manner inconsistent with any and all applicable laws and regulations.

8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of NetworkedBlogs to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to NetworkedBlogs by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the NetworkedBlogs Services in a way that constitutes copyright infringement, please contact us and provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the NetworkedBlogs Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. NetworkedBlogs's Copyright Agent for notice of claims of copyright infringement can be reached as follows:  email:networkedblogs[at]ninua.com.
9. Member Disputes. You are solely responsible for your interactions with other NetworkedBlogs Members. NetworkedBlogs reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Disclaimers. NetworkedBlogs is not responsible for any incorrect or inaccurate Content posted on NetworkedBlogs or in connection with the NetworkedBlogs Services, whether caused by Users of NetworkedBlogs or by any of the equipment or programming associated with or utilized in the NetworkedBlogs Services. Profiles created and posted by Members on the NetworkedBlogs Website may contain links to other websites. NetworkedBlogs is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by NetworkedBlogs. Inclusion of any linked website on the NetworkedBlogs Services does not imply approval or endorsement of the linked website by NetworkedBlogs. When you access these third-party sites, you do so at your own risk. NetworkedBlogs takes no responsibility for third party advertisements which are posted on this NetworkedBlogs Website or through the NetworkedBlogs Services, nor does it take any responsibility for the goods or services provided by its advertisers. NetworkedBlogs is not responsible for the conduct, whether online or offline, of any User of the NetworkedBlogs Services. NetworkedBlogs assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. NetworkedBlogs is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the NetworkedBlogs Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the NetworkedBlogs Services. Under no circumstances shall NetworkedBlogs be responsible for any loss or damage, including personal injury or death, resulting from use of the NetworkedBlogs Services, attendance at a NetworkedBlogs event, from any Content posted on or through the NetworkedBlogs Services, or from the conduct of any Users of the NetworkedBlogs Services, whether online or offline. The NetworkedBlogs Services are provided "AS-IS" and as available and NetworkedBlogs expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NetworkedBlogs cannot guarantee and does not promise any specific results from use of the NetworkedBlogs Services.
11. Limitation on Liability. IN NO EVENT SHALL NetworkedBlogs BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF NetworkedBlogs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NetworkedBlogs'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NetworkedBlogs FOR THE NetworkedBlogs SERVICES DURING THE TERM OF MEMBERSHIP.
12. U.S. Export Controls. Software available in connection with the NetworkedBlogs Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the NetworkedBlogs Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
13. Disputes. If there is any dispute about or involving the NetworkedBlogs Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, Santa Clara County. Either NetworkedBlogs or you may demand that any dispute between NetworkedBlogs and you about or involving the NetworkedBlogs Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA), provided that the foregoing shall not prevent NetworkedBlogs from seeking injunctive relief in a court of competent jurisdiction.
14. Indemnity. You agree to indemnify and hold Ninua, Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the NetworkedBlogs Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on NetworkedBlogs or through the NetworkedBlogs Services causes NetworkedBlogs to be liable to another.
15. Other. This Agreement is accepted upon your use of the NetworkedBlogs Website or any of the NetworkedBlogs Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Ninua, Inc. regarding the use of the NetworkedBlogs Services. The failure of Ninua, Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
16. Privacy Policy. If you choose to enter personal information into your NetworkedBlogs profile certain information may be displayed publicly. If you choose to make comments on NetworkedBlogs, these comments will be displayed publicly along with your avatar, screen name, and a link back to your profile. NetworkedBlogs also enables third party developers to access to APIs to collect and display certain information off of the NetworkedBlogs site. This is includes developers that have recently added interest-based advertising programs, which allows them the ability to track site visitation and then customize advertising content based on that visitation.
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Please contact us at: networkedblogs[at]ninua.com with any questions regarding this Agreement.