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TERMS OF USE

Welcome to Blogz, the first broadcasting network created by users. The Blogz service and network are operated by Blogz Inc. and its corporate affiliates (collectively "us", or "we" or "Blogz").

Please read these Terms of Use carefully. This is a binding Agreement between you, the User, and Blogz regarding your use of the Site. This Agreement contains important information regarding your legal rights, remedies and obligations, including limitation of liabilities and exclusions.

1. ACCEPTANCE

A. By visiting, accessing and/or using our web site at www.blogztv.com or the mobile version thereof (together "the Site"), including all content and functionality available through the Site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Blogz. If you do not agree to any of this Agreement, please do not use the Site.

B. Blogz reserves the right, at its sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice, and you agree to be bound by such modifications or revisions. Although Blogz may attempt to notify you when major changes are made to these Terms of Use, it is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. ELEGIBILITY

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form ("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 Blogz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Blogz has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Blogz is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Site must create a Blogz Family Account. When you create a Blogz Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Blogz Family Account. By adding a child to your Blogz Family Account, you also give your child permission to access many areas of the Site, including, Audivisual Content, written works posted on message boards, chats and blogs, and any other content, including without limitation, videos, music, images, and text. Please remember that the Site is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Site areas and/or Content are appropriate for your child.

3. THE SITE

A. This Agreement applies to all users of the Site, including users who are also contributors of video content, information, and other materials or services on the Site. The Site includes all aspects of Blogz, including but not limited to all products, software and services offered via the website such as the Blogz channels, the Blogz "Embeddable Player with simoultaneous multitranslation system," and other applications.

B. This Site may contain links to third party websites that are not owned or controlled by Blogz. Blogz has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Blogz will not and cannot censor or edit the content of any third-party site. By using this Site, you expressly relieve Blogz from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave this Site and to read the terms and conditions and privacy policy of each other website that you visit.

4. ACCOUNTS

A. In order to access some features of the Site, you will have to create a Blogz account. When creating your account, you must provide accurate and complete information. As registered member you agree to be sole responsible and/or liable for the activity that occurs on your account, and to keep your account password secure. You must maintain the confidentiality of passwords and notify Blogz immediately of any breach of security or unauthorized use of your account.

B. Although Blogz will not be liable or responsible, directly or indirectly, in any way, for your losses or damages caused by any unauthorized use of your account, you may be liable for the losses of Blogz or others due to such unauthorized use.

5. USER GENERATED CONTENT

The Blogz Service permits Users to create, upload and/or display content of their own creations, including Audiovisual Content, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text (collectively, "User Generated Content"). Blogz does not guarantee any confidentiality regarding any User Generated Content you upload to or create on the Site

6. PROPRIETARY RIGHTS IN USER GENERATED CONTENT

A. As a Blogz member, you may create, submit and/or display content of your own creation, including video, audio, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, designs, text and other files (collectively, "User Generated Content"). You retain all of your ownership rights in your User Generated Content. However, by submitting User Generated Content to Blogz, you hereby grant Blogz a perpetual, irrrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licenseable and freely transferable license to use, create, display, perform, reproduce, distribute, publish, prepare derivative works of, sell, edit, and otherwise exlopit your User Generated Content in connection with the Blogz Service and Blogz (and its successors' and affiliates') business. This license includes, without limitation, the right to promote and redistribute part or all of the Site in any media formats and through any media channels.

B. You also hereby grant each user of the Site a non-exclusive license to access your User Generated Content through the Site, and to use, reproduce, distribute, display, publish, prepare derivative works of and perform such User Generated Content solely as permitted through the functionality of the Site and as permitted under these Terms of Use. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Site. You understand and agree, however, that Blogz may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.

C. The above licenses granted by You in User Generated Content are perpetual and irrevocable.

7. SPECIAL FEATURES AND APPLICATIONS

A. Embeddable Player. Among other special features, applications and software, Blogz provides You an embeddable player application. Subject to this Terms of Use, Blogz hereby grants you a limited, non-exclusive, freely revocable license to incorporate such embeddable player into your own personal, non-commercial websites, provided that you include a prominent link back to the Site on the pages containing the embeddable player. You hereby represent and warrant that you shall not circumvent, disable or otherwise interfere with security related features of the embeddable player or features that prevent or restrict use or copying of any material and third party User Generated Content or enforce limitations on use of the embeddable player or the material and third party User Generated Content therein.

B. Movie in the Box. "Movie in the Box" as used herein means a method of displaying streaming video content that is viewed simultaneously or nearly simultaneously by all viewers of such streaming video content. The Blogz Service provides a system and method for Users to produce and distribute authorized live and prerecorded audiovisual content (the "Audiovisual Content") in a Movie in the Box fashion. Certain registered users may also create their own and personal channels (a "Movie in the Box Channel"), which may be displayed through a player, monitor, or any other display feature or hardware now or hereafter in existence, which enables the displaying, performance, usage, reproduction, distribution, and publishing of Audiovisual Content. Any Movie in the Box Channel may also be displayed in proximity with other Movie in the Box Channels on a grid of Movie the Box Channels (the "Grid") or in any other way or method determined by Blogz in its sole discretion. For clarity, and without limiting anything in these Terms, no rights of ownership or otherwise are granted to you in any Movie in the Box Channels.
You represent and warrant that you will not rent, lease loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials. For clarity, you will not assign, sell or transfer any of your Movie in the Box channels.

C. Search Engine. The Site provides an application to search for and incorporate video and other material and content available on third party websites unrelated to Blogz ("Search Engine"). Blogz has no responsibility for any content found on such third-party sites. Blogz does not review, clear, or approve any such content. It is your sole responsibility to comply with any applicable terms and conditions of third-party website operators when using such content. Please note that finding third-party material and/or content using Blogz Search Engine does not give you any rights whatsoever to use such third party material and/or content in any way. You represent and warrant that you will indemnify and hold harmless Blogz for any losses or liabilities arising out of your use of the Search Engine.

D. Third Party Websites. This Site may contain links to third party websites (websites or services operated by other people, hereinafter "Third Party Website"). Third Party Websites have their own terms of use. Blogz does not endorse any such Third-party Websites or the material and/or content contained or accessible through Third-party Websites. Accessing and using such Third Party Websites is solely at your own risk. Your business dealings with Third Party Websites Operators are solely between you and such operators.

8. YOUR USER GENERATED CONTENT

You are solely responsible for all of your User Generated Content and you hereby recognize and affirm represent, and warrant that the Site is merely providing you the means to produce and/or distribute your User Generated Content. Accordingly, you are solely responsible for your own User Generated Content and the consequences of posting or publishing it. For the avoidance of doubt, you are not entitled to any compensation from Blogz for any User Generated Content for any reason. You understand that whether or not such User Generated Content is published, Blogz does not guarantee any confidentiality with respect to any submissions. You hereby affirm, represent, and warrant that:

A. You are the owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Blogz to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content and Blogz's Users to use and distribute Your User Generated Content as necessary to exercise the rights and licenses granted by You in these Terms and in the manner contemplated by Blogz and these Terms.

B. You agree that you will not submit Content that infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other proprietary or intellectual property right;

C. You agree that you will not submit, post, upload or create any User Generated Content that is libelous, defamatory, obscene, harassing, hateful, racially or ethnically offensive, invasive of the right of privacy, publicity or other rights of any person or entity, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or in Blogz sole discretion is inappropriate;

D. You further agree that you will not submit User Generated Content that is contrary to applicable local, national and international laws and regulations;

E. Your User Generated Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Site.

F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Blogz servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Blogz grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Blogz reserves the right to revoke these exceptions either generally or in specific cases.

G. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Generated Content.

H. You will not post advertisements or solicitations of business;

I. You will not impersonate another person, falsely claim an affiliation with any person or entity, or access the Service account of others without permission, misrepresent the source, identity or content of information transmitted via the Site, or perform any other similar fraudulent activity;

J. You will not use the Site for any purpose other than to access the Blogz service as such services are offered by Blogz.

K. 1.You will not delete Blogz copyright or other proprietary rights notice or indications or any third party content;

L. You will not make unsolicited offers, advertisement, proposals, or send junk mail or spam to other users of the Blogz service;

M. You will not use reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Blogz service;

N. You will not take any action that, in Blogz sole discretion, impose or may impose an unreasonable or disproportionately large loge on Blogz Site; and You will not register more than five (5) accounts and/or ten (10) Moving the Box channels.

9. YOUR USE OF THE SITE

Blogz hereby grants you permission to access and use the Site as set forth in these Terms of Use, provided that:

A. You agree not to distribute any part of the Site, including but not limited to User Generated Content, without Blogz' prior written authorization.

B. You agree not to alter or modify any part of the Site, including but not limited to Blogz' Embeddable Player or any of its related technologies.

C. You agree not to access User Generated Content or Blogz content through any technology or means other than the video playback pages of the Site itself, or other authorized means Blogz may designate.

D. You agree not to use the Site, including the Blogz Embeddable Player for any commercial use, without the prior written authorization of Blogz.

E. Prohibited commercial uses of this Site include any of the following actions taken without Blogz' express approval: sale of access to the Site or its related services on another website; use of the Site or its related services, for the primary purpose of gaining advertising or subscription revenue;

F. Prohibited commercial uses do not include uploading your User Generated Content or maintaining an original channel on the Site, to promote your business or artistic enterprise; using the Embeddable Player to show Blogz videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Blogz; any use that Blogz expressly authorizes in writing.

G. Blogz permits you to link the Site for personal, non-commercial purposes only. When using the Blogz embeddable player on your website, you agree to include a prominent link back to the Site on the pages containing the Embeddable Player and you agree not modify, build upon, or block any portion of the Embeddable Player in any way.

H. If You use the Blogz uploader, as part of your use of the Uploader, You agree to receive updates and you agree to permit Blogz to deliver these updates to you. The purpose of these updates is to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.

I.You understand that when using the Blogz Site, you will be exposed to User Generated Content from a variety of sources, and that Blgoz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Generated Content or other content. You further understand and acknowledge that you may be exposed to User Generated Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Blogz with respect thereto.

J. Blogz does not endorse any User Generated Content or any opinion, recommendation, or advice expressed on the Site, and Blogz expressly disclaims any and all liability in conection with submissions of User Generated Content.

K.In your use of the Site, You agree to comply with these Terms of Use, and all applicable local, national, and international laws and regulations.

L.Blogz reserves the right to discontinue any aspect of the Site at any time.

10.TERMINATION

A. Blogz may, in its sole discretion, for any or no reason, without penalty, suspend or terminate any account, including any account You may have with Blogz or your use of the Site, and may remove and discard all or any part of such account, user profile and User Generated Content.

B. Blogz reserves the right to decide whether User Generated Content is appropriate and complies with these Terms of Use and remove such User Generated Content and/or terminate User's access for uploading such User Generated Content, at any time, without prior notice and at its sole discretion.

C. You agree that any termination or suspension of your access to the Site or any account may be conduct without prior notice, and you agree that Blogz will not be liable to you or any third party for any such termination.

D. You agree that your only remedy with respect to any dissatisfaction with the Site and/or these Terms of Use and/or any Blogz practice or policy and/or any User Generated Content transmitted through the Site is to terminate these Terms of Use and your account.

11.DMCA TAKE DOWN NOTICE

A. As a copyright owner or an agent thereof, if you believe that any User Generated Content on the Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") Title 17, United States Code, Section 512(c) (3). This notification must be in writing claiming the infringement and must be addressed to the designated Blogz agent. This notification must include the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Blogz to locate the material; (iv) information reasonably sufficient to permit Blogz to contact You, such as an address, telephone number, and, if available, an electronic mail address; (v) A statement that You has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. Blogz registered designated copyright agent to receive notifications of claimed infringement is: Copyright Agent, Blogz Inc., __________________________(insert address in California), USA. Phone____________ Email______________

C. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Blogz customer service through http://www.blogztv.com/support
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you receive notice from Blogz that your User Generated Content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide Blogz with a counter notification addressed to the Blogz Copyright Agent. In order to be valid, the counter notification must be in writing, provided to Blogz designated agent, including the following information: (i) your physical or electronic signature; (ii) the identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in _____________________, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Any counter-notice that does not comply with the DMCA.s requirements, is invalid. D. If you send a counter-notice to Blogz Copyright Agent, Blogz may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Blogz's sole discretion.

12. WARRANTY DISCLAIMER

YOU AGREE THAT THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION, MATERIALS, AND USER GENERATED CONTENT, ARE PROVIDED "AS IS" WITH NO WARRANTY.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. BLOGZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS MAKE NO REPRESENTATION AND DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
BLOGZ MAKES NO WARRANTIES OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR, INCLUDING, WITHOUT LIMITATION, ANY OF THE FOLLOWING: (I) ERRORS, OMISSIONS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGES OF ANY KIND WHATSOEVER, RESULTING FOR YOUR USE OF THE SITE (INCLUDING DAMAGE OF YOUR COMPUTER SYSTEM OR LOSS OF DATA); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND /OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; AND (V) ANY DELAYS, ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. BLOGZ DOES NOT WARRANT OR ASSUME RESPONSIBILITY WHATSOEVER FOR ANY USER GENERATED CONTENT, PRODUCT OR SERVICE OFFERED ADVERTISED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. BLOGZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

BLOGZ DISCLAIM TO THE MAXIMUM EXTENT PERMITEED BY LAW ANY AND ALL WARRANTIES INCLUDING, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; AND ANY OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF BLOGZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, BLOGZ MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY OF BLOGZ, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND/OR AGENTS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. LIMITATION OF LIABILITY

IN NO EVENT WILL BLOGZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF: (I) ERRORS, MISTAKES, OR INACCURACIES OF MATERIAL AND/OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY DELAY, INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT BLOGZ SHALL NOT BE LIABLE FOR USER GENERATED CONTENT SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Site is controlled and offered by BLOGZ from ______________ in the United States of America. Blogz makes no representations that the Suite is appropriate or available for use in other locations. Those who access or use the YouTube Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

14. INDEMNITY

You agree to defend, indemnify and hold harmless Blogz, its affiliates corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and legal fees and expenses arising from: (i) your use of and access to the Site; (ii) your violation of any section of this Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Generated Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use.

15. RELEASE FOR DISPUTES BETWEEN USERS

You acklowledge and warrant that if You have a dispute with one or more Users of the Site, you will release Blogz (and its officers, directors, agents, affiliates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you hereby waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

16. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Blogz without restriction.

17. WAIVER AND SEVERABILITY

Blogz' failure to require performance of any provision shall not affect Blogz' right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms of Use is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.

18. CHOICE OF LAW AND JURISDICTION

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

19. HEADINGS

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

20. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between You and Blogz relating to the subject matter herein. Blogz reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

21. NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

22. DISCLOSURE

Blogz Site is offered by Blogz, LLC, located at _________email ________