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User Agreement

This agreement (“user agreement” or “agreement”) between nicoblog (“we”, “our,” “us”) and you sets the terms of your use of the nicoblog website. This agreement is meant to encourage a fair and tolerant place for ideas, people, links, and discussion.

Legal statement

This agreement is a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use nicoblog. Please take a look at nicoblog’s privacy policy too—it explains how we collect and use your information.

your access to nicoblog

Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to nicoblog, (2) suspend or terminate Your Account, and/or (3) remove any of your User Content from nicoblog.

We reserve the right to monitor nicoblog, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.

nicoblog is for your personal, lawful use

nicoblog is designed and supported for personal use only. You may not use nicoblog to break the law, violate an individual’s privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.

nicoblog is for fun

nicoblog is intended to be a place for your entertainment. We are not responsible for any decisions you make based on something you read on nicoblog.

nicoblog isn’t intended as a marketplace

nicoblog is not intended to be a marketplace for any goods or services. However, you may find commercial links, coupons, deals, advertisements and other third-party offers on nicoblog. In addition, nicoblog may have affiliate relationships with certain of these third parties and may receive compensation for any purchase made from them. nicoblog is not a party to, nor in any way responsible for, any transactions you have with these third parties, even if nicoblog has an affiliate relationship with such parties. For this reason, any transactions you undertake are your responsibility alone, so be careful.

your nicoblog account

To participate on nicoblog, you must create an account that includes a username and password (“Your Account”) and, if you want to be able to reset your password or have us contact you, an email address as well. Of course, you can also browse nicoblog without logging in.

You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.

You may not license, transfer, sell, or assign Your Account without our written approval.

nicoblog content

nicoblog contains graphics, text, photographs, images, video, audio, software, code, website compilation, website “look and feel,” and advertisements supplied by us or our licensors, which we call “nicoblog content.” nicoblog content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.

We grant you the right to access the nicoblog content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display nicoblog content, except as permitted by the doctrine of fair use or as authorized in writing by us.

your content

You retain the rights to your copyrighted content or information that you submit to nicoblog (“user content”) except as described below.

By submitting user content to nicoblog, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.

You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.

Please take a look at nicoblog’s privacy policy for an explanation of how we may use or share information submitted by you or collected from you.

we don’t endorse user content

We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to nicoblog.

links and nicoblog

nicoblog is a place with many third-party hyperlinks posted by users like you. We are not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and neither this agreement nor our privacy policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.

moderators

Moderating in nicoblog is an unofficial, voluntary position. We reserve the right to revoke that position for any user at any time. nicoblog moderators agree to the following:

  • You may not enter into any form of agreement on behalf of nicoblog without our written approval.
  • You may not perform moderation actions in return for any form of compensation or favor from third-parties.
  • When you receive notice that there is content that violates this user agreement on sections you moderate, you agree to remove it.

don’t spam the nicoblog community

You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam. Cluttering nicoblog with this sort of content reduces the quality of the nicoblog experience for others.

respect users that edit their content

You may not purposefully negate any user’s actions to delete or edit their content on nicoblog. This is intended to respect the privacy of nicoblog users who delete or edit their content, and is not intended to abridge the fair use or the expressive rights shared by us all.

don’t mess with nicoblog

You agree not to interrupt the serving of nicoblog, introduce malicious code onto nicoblog, make it difficult for anyone else to use nicoblog due to your actions, attempt to manipulate votes or nicoblog’s systems, or assist anyone in misusing nicoblog in any way. It takes a lot of work to maintain nicoblog. Be cool.

We support the responsible reporting of security vulnerabilities. To report a nicoblog security issue, please send an email through our contact page.

 

children and nicoblog

nicoblog is not directed at people under the age of 13, and nicoblog does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing nicoblog, please contact us here.

DMCAcopyright, the dmca, & takedowns

We will respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”), and we retain the right to remove user content on nicoblog that we deem to be infringing the copyright of others. If you become aware of user content on nicoblog that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to nicoblog.

Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. A DMCA request can be sent to us  by completing our DMCA Report Form.

your right to file a counter-notice

If we remove your user content in response to a copyright or trademark notice, we will notify you via nicoblog’s private messaging system. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can send a counter-notice to our Copyright Agent (contact information provided above) that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
  3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on nicoblog before that period passes, we will consider restoring your user content to the site.

It is nicoblog’s policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.

a few more legalities

Please read the following very carefully. Each of the following sections applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.

indemnity

All the things you do and all the information you submit or post to nicoblog remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.

Specifically, you agree to hold nicoblog, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of nicoblog, your violation of this user agreement, and/or your violation of the rights of any third party or person.

disclaimer of warranties

nicoblog is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that nicoblog will always work properly.

limitation of liability

We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use nicoblog, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.

You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of nicoblog.

governing law

We want you to enjoy nicoblog, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us.

The headings in this agreement are for convenience and do not control any of its provisions.

Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of California without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in San Francisco County, California.

severability and enforcement

If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.

If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.

changes to this user agreement

This user agreement is the entire agreement between you and us concerning nicoblog. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the nicoblog website. By continuing to use nicoblog after a change to this agreement, you agree to those changes.