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LOGBUD TERMS OF USE

1. ACCEPTANCE OF TERMS
LogBud is a service of Business Time, LLC (collectively referred to as ("LogBud "). These terms and conditions (“Terms”) govern the use of the website (the “Website”) and all related services provided by Business Time, LLC (the “Service”) and constitute an agreement between you (“You”) and Business Time, LLC (“LogBud“). Your use of the Website, and any new services or functionalities that may be made available by LogBud from time to time, is conditioned upon Your acceptance of and continued adherence to these Terms. LogBud reserves the right to alter or revise these Terms at any time by notifying you as provided in these Terms, provided that no notice shall be required for non-substantive changes to the Terms. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service indicates Your acceptance of any and all revised Terms. LogBud reserves the right to suspend or terminate Your account at any time or discontinue Your access to the Website or the Service or remove your content for any reason.

2. DEFINITIONS AND SERVICE DESCRIPTION
  • “Author”: A person that creates an account on the Service.

  • “Author Content”: Any content, including without limitation questions, answers, forum posts, ratings, votes, videos, articles, and LogBud comments, that Authors post on the Service and all photographs that Authors post on the Service.

  • “Author Service(s)” is the author’s process of including and managing Content and/or Author Content on the Service.

  • “Service”: The services provided by LogBud and via the LogBud Website.


3. PERMITTED USES
You must register with LogBud and create an Author account. Only adults (18 years and over) may register for an Author account. Your Author account gives You access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You are responsible for any and all activities occurring or content that is posted under Your Author account. If You discover any unauthorized activity under Your Author account, please alert LogBud immediately, by sending an email alert to legal@logbud.com.
  • You are solely responsible for Your Author Content.

  • You must follow specific guidelines for publishing forum posts, comments, questions and answers, and other content services that are posted on the Service.

  • You may only use Content to which You have the necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark, and trade secrets. This means, among other things, that You must have permission to use third party content from the content owners.


By giving us Your email address, You grant us permission to send communications from LogBud, such as account creation confirmations, service announcements, administrative messages, and any of the opt-in LogBud newsletters you select to that address. You may opt out of certain email communications from LogBud by following the instructions on the email. You may not opt out of Service-related messages. If You do not want to receive such messages from LogBud, you must cancel Your account.

4. RESTRICTIONS AND PROHIBITIONS ON USE
In Your use of the Website and Service You must abide by the following restrictions and prohibitions on use. As a Website Author, You may Not:
  • Publish Author Content that include any content or links that are pornographic, defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes, or provides instructional information about illegal activities, promotes any act of cruelty to animals, or is otherwise offensive.
  • Publish Author Content targeted at children under the age of 13.
  • Use LogBud, the Website or Service to violate any Federal, state or local laws.
  • Hack the Website or modify any Content that is not Your own.
  • Link to any worms or viruses or any code of a destructive nature.
  • Link to pages or sites that are unrelated to the topic and Content.
  • Remove, decompile, disassemble or reverse engineer any LogBud Software (as defined below) or use any network monitoring or discovery software to determine the Website architecture.
  • Publish Content in breach of a confidentiality or fiduciary obligation You may have.
  • Attempt to automatically redirect Website users to other domains, mislead users of the origins of the Content contained, or use the Website as storage for remote loading or a door or signpost to a website outside of the Website.
  • Impersonate another Author or any representative or employee of LogBud.
  • Publish Content for any illegal activities or to promote or make solicitations for any illegal or unauthorized activity.
  • Spam any User or mass email any User in an automated fashion.
  • Collect personal identifiable information about the Users and sell or transfer that information.
  • Use any automatic or manual process to harvest email addresses or other information from the Website.
  • Harass, threaten, or intimidate Authors or others who use the Service.
  • Publish Content written primarily in a language other than English.
  • Promote gambling or links to sites that promote/offer gambling for money.
  • Display misleading tags, categorizations, and/or titles that do not match the Content, including irrelevant or excessive tagging.
  • Engage in behavior that is overly promotional, including excessive linking to any one site or domain.
  • Spam to promote Content or Profiles, including comment spam, forum spam, spam blogs, email spam, instant message spam, or similar.
  • No automated computer generated "spun" content
  • Use automation tools to create LogBud Accounts or Author Content. This includes, but is not limited to, article spinner software, blog and comment blasters, and similar software and online tools and services.


5. DISCONTINUATION OR MODIFICATION OF THE SERVICE
LogBud reserves the right to modify or discontinue, temporarily or permanently, the Service or any portion thereof at any time, without liability to You or any third party. In addition, LogBud, in its sole discretion, may terminate Your Author account, use of, or access to the Service, remove, and delete any Content, for any reason. Upon the termination of Your Author account, notice shall be sent to you by LogBud. Consequently to and concurrently with the termination of Your Author account as provided herein, your rights to any future Google Adsense impressions will also cease.

6. PROPRIETARY RIGHTS; CONTENT OWNERSHIP
The Service and any software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by LogBud or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. In addition, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website and Service are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Website, except as expressly allowed herein or via distribution tools LogBud makes available to Users, such as RSS feeds and widgets, is strictly prohibited. LogBud may at any point make additional software and tools available to Authors in connection with the Service (“Additional Software”). Authors who use such Additional Software may have to agree to additional terms and conditions before using such software, and all rules and obligations outlined in these Terms apply to the ownership and use of such Additional Software.

LogBud does not claim ownership of Author Content. Such content will be owned by You or a third party from whom You got permission to post the content. By posting Author Content on the Service, You grant LogBud a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to reproduce, publicly display, publicly perform, distribute, modify, adapt and publish the Author Content on or in connection with the Service. You may remove Your Author Content from the Service at your discretion. LogBud may preserve and store Author Content (including, for a commercially reasonable time, Author Content you have removed from the Service) and may disclose such content if required to do so by law or if LogBud believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms; (c) respond to claims that any Author Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of LogBud, its users and the public.

The Author, and not LogBud, will be fully responsible for all Author Content that is uploaded, posted, transmitted or otherwise made available by the Author on the Service (collectively “User Content”). LogBud cannot guarantee the accuracy, integrity or quality of User Content. LogBud does not pre-screen User Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any User Content for any reason, including User Content that may violate these Terms, or that is otherwise objectionable.

7. LINKS TO THIRD PARTY WEBSITES
The Website may include links to other sites or resources over which LogBud has no control or responsibility. LogBud does not monitor, investigate or check these sites for accuracy or completeness. As a result, LogBud is not responsible for the content or advertising on such sites, products or other materials which they may provide, such sites’ availability, or any damages caused or alleged to be caused in connection with such external websites. All such external websites included as links in Your Author Content or accessed by You via the Website is done at Your own risk and with Your own liability.

LogBud may provide pre-built modules that make it easy for You to find and add links to various sites. However, just because LogBud provides these modules does not mean LogBud is responsible for their accuracy. The Author is still responsible for what links he or she elects to put in his or her Author Content.

8. EARNING MONEY THROUGH LOGBUD – IMPRESSION PROGRAM
The publishing of Author Content submitted by you on the Site, shall entitled you to receive a certain number of Google Adsense ad impressions, as provided herein:

(i) LogBud will provide Google Adsense ad impressions in the amount of 70% of the net amounts it shall actually receive from Google Adsense advertising on the page on which the Author Content appears and which are relatively attributed to your Author Content, as shall be determined by LogBud (the " Commission ");

Changes or differentiations in the rate of the Commission may be made by LogBud in its sole and absolute discretion. LogBud may, in its sole and absolute discretion, supply Google Adsense impressions as referral commissions with respect to user-referrals.

(ii) Commissions accumulated through the Google Adsense program are subject to the terms and services of the Google Adsense program.

(iii) LogBud shall not be liable in any way or manner for Google Adsense payments. All inquiries regarding Google Adsense payments should be taken up with the Google Adsense program.

(iv) You shall be responsible for any and all personal taxes due and payable with respect to payment of Commissions you shall receive from Google Adsense.

9. NO EMPLOYER-EMPLOYEE RELATIONSHIPS
No employer-employee relations exist or shall exist with LogBud and the use of the Site and/or the submission of Author Content to the site does and shall not create any such relationship.

10. PRIVACY POLICY
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States.

11. INDEMNIFICATION
You agree to indemnify, defend and hold LogBud and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Service.

12. DISCLAIMER
THE WEBSITE AND SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LOGBUD MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, You expressly understand and agree that LogBud will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from the use or the inability to use the Service or Website, unauthorized access to Content transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service. LogBud also will not be liable for any loss or damage arising from Your failure to comply with the provisions of these Terms.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LOGBUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in the United States. LogBud makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

14. SECURITY
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

15. THIRD-PARTY LINKS
The Service may contain links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by LogBud. LogBud does not endorse any such sites or the information, materials, products, or services contained on or accessible through such sites. LogBud has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and LogBud’s Privacy Policy do not apply to your use of such sites. You expressly relieve LogBud from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that LogBud shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

16. COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask you to do the same. If you believe that your Author Content or other work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information in accordance with the Digital Millennium Copyright Act:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Our Copyright Agent for Notice of claims of copyright infringement via the Service can be reached by emailing legal@logbud.com


17. GOVERNING LAW
These Terms will be governed by the laws of the State of Pennsylvania
without regard to its conflict of law provisions.

18. ENTIRE AGREEMENT
These Terms, together with the LogBud Privacy Policy and any other agreements incorporated by reference in these Terms or entered into between You and LogBud in connection with Your registration as a Author, constitute the entire agreement between You and LogBud and govern Your use of the Service, superseding any prior agreements between You and LogBud. LogBud may change and /or modify this Agreement, and any term and condition thereof, in its sole and absolute discretion, without being required to provide any prior notice of any such change and/or modifications.

19. WAIVER
The failure of LogBud to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.

20. ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LogBud without restriction.

21. NOTICES
LogBud may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by LogBud in our sole discretion. LogBud reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. LogBud is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add support@logbud.com to your email address book to help ensure you receive email notifications from us.

22. DISPUTE RESOLUTION
If a dispute arises during your use of the Service or Website or under these Terms, You agree to abide by the following dispute resolution process, only proceeding to the next step if the previous step has not resolved the issue satisfactorily.
  • Read our FAQ file posted at http://www.LogBud.com/help to see if Your question has been previously answered.
  • Send an email to LogBud at: support@LogBud.com describing the nature of the issue.
  • Send LogBud a letter by registered mail, outlining in detail the problem, steps taken and matters remaining to be resolved to: P.O. Box 2031 Cranberry Township, PA 15042


For any claim (excluding claims for injunctive or other equitable relief) arising in whole or in part from the Service or these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that all other claims arising in whole or in part from the Service or these Terms shall be decided exclusively by a court of competent jurisdiction located in Beaver County, Pennsylvania.


1 Google, and Adsense are the trademarks of Google, Inc.



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