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BlogPulse™ Terms of Use
The BlogPulse.com website ("BlogPulse" or "Service")
is an online automated trend discovery system for blogs,
and an online information and search service focused on
the rapidly expanding blogosphere. BlogPulse is a service
of Nielsen BuzzMetrics, Inc. BlogPulse applies Nielsen BuzzMetrics’s
machine-learning and natural-language processing techniques
to discover trends and identify information in the highly
dynamic world of blogs.
BlogPulse is offered to You subject to Your acceptance of
and compliance with these terms and conditions as stated
herein (the "Agreement"), which may be updated
from time to notice without notice to You. By accessing
or using the Service, You agree to be bound by the terms
and conditions of this Agreement. If You do not agree to
be bound by these terms and conditions, You may not access
or use the Service. As used in this Agreement "We", "Us" or "Our" refers
collectively to Nielsen BuzzMetrics, and "You" refers
to You, the user of the Service.
Usage Rules
1. Personal, Non-Commercial Use Only
BlogPulse is made available for Your personal, non-commercial
use only, subject to the terms and conditions of this Agreement.
You may not use BlogPulse for any illegal purpose or in
any manner inconsistent with, or prohibited by, this Agreement.
We reserve the right to deny You access to any part of the
Service at Our sole discretion.
2. Permitted Use of RSS Feeds
BlogPulse’s RSS feeds (including, but not limited,
to "Top Links", "Key People", "Key
Phrases", "BlogBites", "BlogPulse Newswire",
and all RSS-delivered search results) are provided free
of charge for personal, non-commercial use by individuals
in a news reader or as part of a non-commercial website
or blog. We ask that You provide attribution to Nielsen BuzzMetrics’s
BlogPulse.com in connection with Your permitted use of the
feeds, as well as a link to Our website (http://www.blogpulse.com/).
We reserve all rights in and to the Nielsen BuzzMetrics and BlogPulse
names and logos, and Your right to use the names is limited
to providing attribution in connection with these RSS feeds.
BlogPulse also reserves the right to require You to cease
distributing these RSS feeds at any time for any reason.
3. Permitted Use of "Trend Search" Graphs
You may reproduce an entire BlogPulse "Trend Search" graph
only in its entirety (including any copyright, trademarks
and watermarks that may be present in the graph / picture).
We ask that You provide in the accompanying text, or in
an explanatory cutline, the appropriate attribution to Nielsen BuzzMetrics’s
BlogPulse.com in connection with Your permitted use of the
graph/picture, as well as a link to our website (http://www.blogpulse.com/).
We reserve all rights in and to the Nielsen BuzzMetrics and BlogPulse
names and logos, and Your right to use the names is limited
to providing attribution in connection with the graph. BlogPulse
also reserves the right to require You to cease distributing
Trend Search graphs at any time for any reason.
4. Permission Required for Use of Any Other BlogPulse Content
Permission to reprint or electronically reproduce any other
document, content, or graphic, in whole or in part, for
any other purpose is expressly prohibited, unless Nielsen BuzzMetrics’s
prior written consent is obtained. For example, You may
not take the results from a BlogPulse search and reformat
and display them on a commercial website, or mirror the
BlogPulse website (including its results pages, or any other
pages) on Your website, unless Nielsen BuzzMetrics’s prior
written consent is obtained. Please Contact Us for more
information.
5. Meta-Searching and Automated Queries Prohibited
You may not "meta-search" BlogPulse or send automated
queries of any sort to BlogPulse, unless Nielsen BuzzMetrics’s
prior written consent is obtained. Sending "automated
queries" includes, among other things, using any software
which sends queries to BlogPulse (for example, to determine
how a blog "ranks" for various queries) or performing "offline" searches
on BlogPulse). Please Contact Us for more information.
6. Commercial Use Prohibited
You may not use BlogPulse (including its RSS feeds and Trend
Search graphs) to sell a product or service, or to increase
traffic to Your website for commercial reasons, such as
advertising sales. If You want to make any commercial use
of the Service, including its RSS feeds and Trend Search
graphs, You must enter into an agreement with Nielsen BuzzMetrics
to do so in advance. Please Contact Us for more information.
Third-Party Links
The Service may contains links to websites operated by other
parties. The links are provided for Your convenience only.
Neither We nor Our suppliers control such websites and We
are not responsible for the content and performance of these
sites or for Your transactions with them. Our inclusion
of links to such websites does not imply any endorsement
of the material on such websites or any association with
their operators. This Service does not in any way operate,
control or endorse any information, products or services
provided by third parties through the Internet.
Disclaimer of Warranties
Nielsen BuzzMetrics disclaims any and all responsibility or liability
for the accuracy, content, completeness, legality, reliability,
or operability or availability of information or material
displayed in the BlogPulse results or elsewhere on BlogPulse.
Nielsen BuzzMetrics further disclaims any responsibility for the
deletion, failure to store, or untimely delivery of any
information or material, or for any harm resulting from
downloading or accessing any information or material on
the Internet through BlogPulse.
THE BLOGPULSE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS
AND SERVICES INCLUDED IN BLOGPULSE, ARE PROVIDED "AS
IS," WITH NO WARRANTIES WHATSOEVER. NIELSEN BUZZMETRICS AND
ITS LICENSORS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT
PERMITTED BY LAW, (1) ALL EXPRESS, IMPLIED, AND/OR STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS; (2) ANY WARRANTIES
REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND/OR
PERFORMANCE OF BLOGPULSE; (3) ANY WARRANTIES FOR ANY INFORMATION
OR ADVICE OBTAINED THROUGH BLOGPULSE.; (4) ANY WARRANTIES
FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
BLOGPULSE OR RECEIVED THROUGH ANY LINKS PROVIDED BY BLOGPULSE,
AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH
ANY LINKS PROVIDED IN BLOGPULSE. YOU UNDERSTAND AND AGREE
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH
THE USE OF BLOGPULSE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION
TO JURISDICTION.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER
NO CIRCUMSTANCES SHALL NIELSEN BUZZMETRICS OR ITS LICENSORS BE LIABLE
TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE
OF OR RELIANCE ON BLOGPULSE, OR ARISING FROM ANY CLAIM RELATING
TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN
IF NIELSEN BUZZMETRICS OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF AND RELIANCE ON BLOGPULSE, FROM INABILITY TO USE BLOGPULSE,
OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF
THE BLOGPULSE (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT
TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON BLOGPULSE OR RECEIVED
THROUGH ANY LINKS PROVIDED IN BLOGPULSE, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
BLOGPULSE OR RECEIVED THROUGH ANY LINKS PROVIDED IN BLOGPULSE.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO
THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER
APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE
OF BLOGPULSE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS
ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BLOGPULSE.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST
EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU.
Changes to BlogPulse or Terms of this Agreement
We reserve 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. You
agree that Nielsen BuzzMetrics shall not be liable to You or to
any third party for any modification, suspension or discontinuance
of the Service. We also reserve the right to modify the
terms and conditions of this Agreement at any time, and
such modifications shall be effective immediately upon posting
of the modified Agreement to BlogPulse. You agree to review
this Agreement periodically to be aware of such modifications
and Your continued access or use of the Service shall be
deemed Your conclusive acceptance of the modified Agreement.
You agree that these standards for notice of changes are
reasonable.
Non-waiver and Severability
Our failure to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver of such
right or provision. If any provision of this Agreement is
found by a court of competent jurisdiction to be invalid
or unenforceable, the parties nevertheless agree that the
court should endeavor to give effect to the parties’ intentions
as reflected in the provision and enforce it to the maximum
extent permissible , and the other provisions of this Agreement
shall remain in full force and effect.
Indemnification
You agree to indemnify, defend and hold Us (including our
directors, officers, management, employees, consultants,
and agents) harmless from any claims and expenses, including
attorneys’ fees, arising from or related to any breach
by You of any terms of this Agreement.
Ohio Law and Forum and One Year Statute of Limitations
This Agreement shall all be governed and construed in accordance
with the laws of the State of Ohio applicable to agreements
made and to be performed in Ohio. You agree that any legal
action or proceeding between Us and You for any purpose
concerning this Agreement or the parties’ obligations
hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in Cincinnati, Ohio,
and You agree to the personal jurisdiction of such courts.
In addition, any cause of action or claim You may have with
respect to the Service or this Agreement must be commenced
within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. In any dispute
between Us and You relating to this Service, We shall be
entitled to attorneys’ fees, costs and expenses.
Entire Agreement
This Agreement, and any other more specific terms and conditions
of service posted on http://www.blogpulse.com, constitute
the entire agreement between You and Us and govern Your
use of the Service.
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