(Last modified on April, 27, 2008)
Welcome to trendoscope.com, an internet site that includes reviews, ratings and comments on a categorized list of popular blogs. Trendoscope.com and its related services (the "Site") are owned and operated by TrendsSpotting Ltd. ("we" or the "Company").
Registration; Proper Use
You agree to provide accurate, current and complete information upon registration on the Site, to maintain and promptly update your registration information, and to maintain the security of your password. You may not register or set up an account on behalf of another individual or entity unless you are authorized to do so.
You understand and agree that you will be responsible for all activities occurring under your account. You further agree that you will be solely responsible for your own use of the Site, for any posts you make, and for any consequences resulting therefrom. The Company has no responsibility to you or to any third party for any content or material that you post, transmit, or share on the Site and the consequences of your actions in using the Site. You agree that you will use the Site in compliance with all applicable local, state, national and international laws, rules and regulations.
You represent, warrant and agree that no content or materials of any kind posted, transmitted, or shared by you on the Site will violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights) or contain unlawful, harmful, threatening, abusive, inflammatory, harassing, vulgar, obscene, hateful, defamatory, libelous, or fraudulent material. The Company may, but is not obligated to, review the Site and may delete or remove any content without notice. By uploading, submitting or otherwise disclosing or distributing content for display or inclusion on the Site, you represent and warrant that you own all rights in such content.
You further represent, warrant and agree that you will not use the Site in any manner that could damage, disable, overburden or impair the Site and/or the Company.
You understand and agree that the services provided by the Site are on an AS IS and AS AVAILABLE basis. Because we attempt to constantly improve the Site, the related services may change from time to time. The Company reserves the right to modify, suspend or discontinue the Site with or without notice at any time, and disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Site. You agree that the Company has no responsibility or liability for the deletion of, or the failure to store or to transmit, any information or user content.
Third Party Websites and Content
The Site contains links to other Web sites as well as content or items belonging to or originating from third parties. The Company has no control over such third party sites and content and does not monitor or check third party sites and content for accuracy, reliability, appropriateness, or completeness. The inclusion of third party content and links to third party sites does not imply approval or endorsement thereof by us. We are not responsible for, and assume no liability for any loss or damage which may be incurred by you as a result of, any reliance you place on the accuracy, reliability, appropriateness and completeness of third party sites and content. You hereby disclaim and waive any rights and claims you may have against the Company, its directors, officers, agents, contractors, partners, employees and affiliates with respect to third party sites and content to the maximum extent permitted by law.
You understand that when using the Site you may be exposed to content that you may find personally offensive or objectionable, and so you use the Site at your own risk. You should use caution and common sense and exercise proper judgment when using the Site.
Proprietary Rights in Site Content; Limited License
Company's Intellectual Property Rights: You acknowledge that the Company owns all right, title and interest in and to the Site, including all intellectual property rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Such proprietary rights are protected by applicable intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Site. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Site. As described below, the Company's proprietary rights do not include third-party content included on the Site.
Your Intellectual Property Rights: The Company claims no ownership or control over any content posted or transmitted by you on the Site. You or a third party licensor, as the case may be, retain all patent, trademark and copyright to any content you post or transmit on the Site and you are responsible for protecting those rights, as appropriate. By posting or transmitting content on the Site which is intended to be available to the members of the public, you automatically grant the Company a worldwide, non-exclusive, transferable, royalty-free license to reproduce, publish and distribute such content on the Site for any purpose, commercial, advertising, or otherwise, or in connection with operating the Site or the promotion thereof.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content posted or transmitted by you.
Third Party Intellectual Property Rights: The Company respects the intellectual property of others. It is the Company's policy to respond to claims of copyright and other intellectual property infringement. The Company will process and investigate notices of alleged infringement and will take appropriate actions as it deems fit in its sole discretion. The Company may act to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
The Company may, in its sole discretion, terminate your account, delete your profile and any content or information that you have posted on the Site or prohibit you from using or accessing the Site for any reason, or no reason, at any time, with or without notice.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS EXCLUSION OF WARRANTY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. The Company 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, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using the Site.
Limitations on Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST OR IMPUTED PROFITS OR ROYALTIES, LOSS OF GOODWILL OR LOST DATA, UNDER ANY THEORY OF LIABILITY ARISING FROM YOUR USE OF THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION ON THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO STOP USING THE SITE AND/OR RELATED SERVICES. THIS LIMITATION ON LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify and hold the Company, its directors, officers, agents, contractors, partners, employees and affiliates, harmless from and against any loss, liability, suit, claim, demand, damages (actual and consequential), costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you post, transmit or share on the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
Governing Law; Forum and Jurisdiction
You agree that that this Agreement and any dispute of any kind that might arise between you and the Company will be governed by the laws of the State of New York, without regard to principles of conflict of laws. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of New York.
Other Legal Terms