Terms of Service - Bloggers & Advertisers



Terms and Conditions of Service


Important: You agree that your use of the blogsvertise internet service as an advertiser or Blogger acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions.

Bloggers:

  • Blogger must have own blog/journal setup with order to use the service. We do not provide any blog/journal hosting. Blogger is responsible for all fees associated with their upkeep hosting or other fees associated with their blog.

  • Blogsvertise may or may not approve your account or blog entry for any reason, and is sole discretion of the administrator.

  • Payment rates and payment periods paid to Bloggers shall be made at sole discretion of blogsvertise.

  • Blogsvertise may terminate your account at any time and is sole discretion of blogsvertise.

  • Blogsvertise may withhold or cancel payment due to Bloggers account at its sole discretion.

  • Blogsvertise payments are made after 30 days your assigned task has been approved.

  • Blogger registering and participating as a Blogger in the blogsvertise service agrees the registration identification information they provided on themselves is real/truthful and not fake/false or misrepresentend information.

  • Your blog entry must remain online and be a permanent entry in your blog.

  • Bloggers that are new (less then 30 days), have little or no content, may be rejected or put on Probation status at reduced payout rates.

  • I'm sorry pornographic/adult/hateful/violence oriented blogs are not permitted in blogsvertise.

  • Blogger is an Independent Contractor engaged in an independent business and is not an employee, partner or in a joint venturer of or with blogsvertise

  • Blogger warrants and represents that the blog entries are original and has not before been published; that he or she is the sole Writer of the Work.

  • Blogger is responsible for all federal, state, and local income tax. Bloggers who earn more then $600 per year with the blogsvertise service must report such earnings and be subject to federal income tax. Blogsvertise shall file 1099 tax forms on behalf of Bloggers for income tax purposes as required by law.

  • Blogger agrees to be treated as an Independent Contractor for all employment purposes. No payroll deductions for employment taxes or insurance of any kind shall be paid by company for or on Bloggers's behalf.

Advertisers:

Payments - Charges - Refunds
  • Charges   You agree to pay for all base charges, quoted charges, and incremental charges attributable to your use of the Services at the then current Blogsvertise prices as billed to you at the time of order checkout, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services. Payment Authorization must be made upfront before advertising campaign can begin.

  • Order Fullfillment: All Blogger Ad purchases shall be fulfilled completed within 30 Days by Blogsvertise unless otherwise agreed upon in writing.

  • Refund Policy Advertiser has 5 days to review the Blogger Advertising purchase and review campaigns. Review and approval of Blogger Ads is at sole discretion of Blogsvertise unless otherwise agreed. In the event that an Advertiser is unsatisfied with a purchase, we will make a best effort to resolve the issue. If the issue cannot be resolved the Advertiser will be refunded and the Blogger Ads placed will be removed from the service with an ad removal fee charged to the account. Please note unless otherwise agreed to in email or in writing by officers of blogsvertise, all deposits made are nonrefundable.

General Advertiser Terms & Agreements
  • Blogsvertise has sole approval of advertiser advertising requests and may reject or cancel campaigns for any reason, and is sole discretion of blogsvertise. Blogsvertise Bloggers may make positive, neutral, or even negative comments about advertisers products and services.

  • Bloggers in our service are encouraged to express their own honest opinion about advertisers products and services. Im sorry we do not allow "positive only" reviews. We require bloggers create a disclaimer on their blog stating they may receive advertising income from their blog from ads and links.

  • Advertiser registering and participating as an advertiser in the blogsvertise service agrees the registration identification information they provided on themselves is real/truthful and not fake/false or misrepresentend information.

  • In the event of cancellation or disputes of payment, advertising campaign shall be cancelled and all blog entries, text links or banner ads placed on behalf of advertiser shall be removed at cost charged to the advertisers account. Please note unless otherwise agreed to in email or in writing, all deposits made are nonrefundable.

  • Blogsvertise staff approves assignments made to blogsvertise Bloggers. Determination of approval is made solely by blogsvertise administrators and staff.

  • Blogsvertise advertising is intended to be permanent entry made in Bloggers blog. This is NOT guaranteed. Circumstances beyond blogsvertise control may arise where blog is deleted, entry is lost, etc. Minimum period is 30 days.

  • Blogsvertise may terminate advertising account at any time and is sole discretion of blogsvertise.

  • Blogsvertise may cancel advertising campaigns at any time and is sole discretion of blogsvertise.

  • Advertiser understands that Proprietary and Confidential Information disclosed by blogsvertise is to be held in the strictest of confidence and to take the same degree of care to protect such information as it does with its own Proprietary Information.

  • Advertiser agrees not to disclose or use any such Proprietary Information or any information derived therefrom to any firm, supplier, business, third party or other organization.

  • Advertiser agrees not to contact blogsvertise blog network registrants directly. Please contact blogsvertise if you wish to contact a Blogger directly.

  • Advertiser is registering and interested in advertising their products and services and is not intent on discovering other proprietary information, proprietary methods and confidential information.

  • Charges and pricing of blog advertising are subject to change without notice.

  • Advertiser understands that blogsvertise Blogger is not obligated to write about specific advertiser requests in their blog. If Blogger declines advertiser requests made to them, substitutions shall be made by advertiser or blogsvertise staff of equal or lesser price.

  • Bloggers may make both positive,neutral and/or negative comments on advertisers products and services. Blogger are encouraged to express own opinion and link however they wish.



General Terms & Conditions of Service for All Users of Service



MODIFICATIONS TO TERMS OF SERVICE

Blogsvertise may change the terms and conditions of the agreement from time to time. Upon any change in the terms and conditions of the agreement, Blogsvertise will post changes to this web page.  If you do not agree with them, you may terminate your use of the Service at that time. User's continued use of the Service constitutes an affirmative: (1) acknowledgment by User of the agreement and its modifications; and (2) agreement by User to abide and be bound by the agreement and its modifications.


MODIFICATIONS TO SERVICE


Blogsvertise reserves the right to modify or discontinue the Service with or without notice to User. Blogsvertise shall not be liable to User or any third party should Blogsvertise exercise its right to modify or discontinue the Service.


USER ACCOUNT, PASSWORD, AND SECURITY

Once you become a member of the Service.  You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. User agrees to immediately notify Blogsvertise of any unauthorized use of User's account or any other breach of security known to User.


DISCLAIMER OF WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Blogsvertise 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.

Blogsvertise_cap MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Blogsvertise_cap MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Blogsvertise_cap MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Blogsvertise_cap OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY

Blogsvertise_cap SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Blogsvertise_cap HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


NO RESALE OR COMMERCIAL USE OF THE SERVICE

User's right to use the Service is personal to User. User agrees not to resell commercial use of the Service, without the express consent of Blogsvertise_cap.


INDEMNIFICATION

User agrees to indemnify and hold Blogsvertise_cap, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this agreement by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.

TERMINATION

Either User or Blogsvertise_cap may terminate the Service with or without cause at any time and effective immediately. Blogsvertise_cap shall not be liable to User or any third party for termination of Service.

Should User object to any terms and conditions of the agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify Blogsvertise_cap of termination.

Upon termination of the Service, User's right to use the Service and Software immediately ceases. User shall have no right and Blogsvertise_cap will have no obligation thereafter to make or any unpaid payments to User or any third party.


NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. Blogsvertise_cap may broadcast notices or messages through the Service to inform User of changes to the agreement, the Service, or other matters of importance; such broadcasts shall constitute notice to User.


LAWS

The agreement shall be governed by and construed in accordance with the laws of the state of New Jersey, excluding its conflict of law provisions. User and Blogsvertise_cap agree to submit to the exclusive jurisdiction of the courts of the state of New Jersey.

If any provision(s) of the agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Blogsvertise_cap's failure to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Blogsvertise_cap in writing.

User and Blogsvertise_cap agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the agreement are solely used for the convenience of the parties and have no legal or contractual significance.




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