By submitting Content to citchn for
inclusion on your Website, you grant citchn a world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish the Content
solely for the purpose of displaying, distributing and promoting your blog. If
you delete Content, citchn will use reasonable efforts to remove it from the
Website, but you acknowledge that caching or references to the Content may not
be made immediately unavailable.Without limiting any of those representations
or warranties, citchn has the right (though not the obligation) to, in citchn
.club’s sole discretion (i) refuse or remove any content that, in citchn.com’s
reasonable opinion, violates any citchn policy or is in any way harmful or
objectionable, or (ii) terminate or deny access to and use of the Website to
any individual or entity for any reason, in citchn.com’s sole discretion.citchn
will have no obligation to provide a refund of any amounts previously paid.
Responsibility of
Website Visitors. citchn has not reviewed, and
cannot review, all of the material, including computer software, posted to the
Website, and cannot therefore be responsible for that material’s content, use
or effects. By operating the Website, citchn does not represent or imply that
it endorses the material there posted, or that it believes such material to be
accurate, useful or non-harmful. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. The Website may
contain content that is offensive, indecent, or otherwise objectionable, as
well as content containing technical inaccuracies, typographical mistakes, and
other errors. The Website may also contain material that violates the privacy
or publicity rights, or infringes the intellectual property and other
proprietary rights, of third parties, or the downloading, copying or use of
which is subject to additional terms and conditions, stated or unstated. citchn
disclaims any responsibility for any harm resulting from the use by visitors of
the Website, or from any downloading by those visitors of content there posted.
Content Posted on
Other Websites. We have not reviewed, and cannot
review, all of the material, including computer software, made available through
the websites and web-pages to which citchn.com links, and that link to citchn
does not have any control over those non-citchn websites and web-pages, and
is not responsible for their contents or their use. By linking to a non-citchn
website or webpage, citchn does not represent or imply that it endorses such
website or web page. You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses, worms, Trojan horses,
and other harmful or destructive content.citchn disclaims any responsibility
for any harm resulting from your use of non-citchn websites and web pages.
Copyright Infringement
and DMCA Policy. As citchn asks others to respect
its intellectual property rights, it respects the intellectual property rights
of others. If you believe that material located on or linked to by citchn.com
violates your copyright, you are encouraged to notify citchn in accordance
with citchn.com’s Digital Millennium Copyright Act (“DMCA”) Policy. citchn
will respond to all such notices, including as required or appropriate by
removing the infringing material or disabling all links to the infringing
material.citchn will terminate a visitor’s access to and use of the Website
if, under appropriate circumstances, the visitor is determined to be a repeat
infringe of the copyrights or other intellectual property rights of citchn or
others. In the case of such termination, citchn will have no obligation to
provide a refund of any amounts previously paid to citchn .
Intellectual Property. This Agreement does not transfer from citchn
to you any citchn or third party intellectual property, and all right, title
and interest in and to such property will remain (as between the parties)
solely with citchn . citchn , citchn.com the citchn.com logo, and all
other trademarks, service marks, graphics and logos used in connection with citchn.com,
or the Website are trademarks or registered trademarks of citchn or citchn.com’s
licensors. Other trademarks, service marks, graphics and logos used in
connection with the Website may be the trademarks of other third parties. Your
use of the Website grants you no right or license to reproduce or otherwise use
any citchn or third-party trademarks.
Advertisements. citchn reserves the right to display
advertisements on your blog unless you have purchased an ad-free account.
Attribution. citchn reserves the right to display
attribution links such as ‘Blog at citchn.com,’ theme author, and font
attribution in your blog footer or toolbar.
Partner Products. By activating a partner product (e.g. theme)
from one of our partners, you agree to that partner’s terms of service. You can
opt out of their terms of service at any time by De-activating the partner
product.
Domain Names. If you are registering a domain name, using or
transferring a previously registered domain name, you acknowledge and agree
that use of the domain name is also subject to the policies of the Internet
Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
Changes. paulfit reserves the right, at its sole discretion, to
modify or replace any part of this Agreement. It is your responsibility to
check this Agreement periodically for changes. Your continued use of or access
to the Website following the posting of any changes to this Agreement
constitutes acceptance of those changes. alwaysgetfit may also, in the future,
offer new services and/or features through the Website (including, the release
of new tools and resources). Such new features and/or services shall be subject
to the terms and conditions of this Agreement.
Termination.citchn may terminate your access to all or any part of
the Website at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate this Agreement or your citchn.com
account (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a paid services account, such
account can only be terminated by citchn if you materially breach this
Agreement and fail to cure such breach within thirty (30) days from citchn.com’s
notice to you thereof; provided that, citchn can terminate the Website
immediately as part of a general shut down of our service. All provisions of
this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. citchn and
its suppliers and licensors hereby disclaim all warranties of any kind, express
or implied, including, without limitation, the warranties of merchantability,
fitness for a particular purpose and non-infringement. Neither citchn nor its
suppliers and licensors, makes any warranty that the Website will be error free
or that access thereto will be continuous or uninterrupted. You understand that
you download from, or otherwise obtain content or services through, the Website
at your own discretion and risk.
Limitation of
Liability. In no event will citchn , or its
suppliers or licensors, be liable with respect to any subject matter of this
agreement under any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any amounts that
exceed the fees paid by you to citchn under this agreement during the twelve
(12) month period prior to the cause of action. citchn shall have no
liability for any failure or delay due to matters beyond their reasonable
control. The foregoing shall not apply to the extent prohibited by applicable
law.
General Representation
and Warranty. You represent and warrant that (i)
your use of the Website will be in strict accordance with the citchn Privacy
Policy, with this Agreement and with all applicable laws and regulations
(including without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct and
acceptable content, and including all applicable laws regarding the transmission
of technical data exported from the United States or the country in which you
reside) and (ii) your use of the Website will not infringe or misappropriate
the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless citchn
, its contractors, and its licensors, and their respective directors, officers,
employees and agents from and against any and all claims and expenses,
including attorneys’ fees, arising out of your use of the Website, including but
not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement
between citchn and you concerning the subject matter hereof, and they may
only be modified by a written amendment signed by an authorized executive of citchn
, or by the posting by citchn of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any access to or
use of the Website will be governed by the laws of the Dublin, excluding its
conflict of law provisions, and the proper venue for any disputes arising out
of or relating to any of the same will be the state and federal courts located
in IRELAND. Except for claims for injunctive or equitable relief or claims
regarding intellectual property rights (which may be brought in any competent
court without the posting of a bond), any dispute arising under this Agreement
shall be finally settled in accordance with the Comprehensive Arbitration Rules
of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three
arbitrators appointed in accordance with such Rules. The arbitration shall take
place in DUBLIN, in the English language and the arbitral decision may be
enforced in any court. The prevailing party in any action or proceeding to
enforce this Agreement shall be entitled to costs and attorneys’ fees. If any
part of this Agreement is held invalid or unenforceable, that part will be
construed to reflect the parties’ original intent, and the remaining portions
will remain in full force and effect. A waiver by either party of any term or
condition of this Agreement or any breach thereof, in any one instance, will
not waive such term or condition or any subsequent breach thereof. You may
assign your rights under this Agreement to any party that consents to, and
agrees to be bound by, its terms and conditions; citchn may assign its rights
under this Agreement without condition. This Agreement will be binding upon and
will inure to the benefit of the parties, their successors and permitted
assigns.