Terms of Use

Dotblog™ is a service in which we use proprietary search techniques to find and summarize relevant, current blog posts relating to any given search query you provide.   Our service provides three plans which are available for various fees depending upon the depth of the search that you would like to perform.  Our service is designed to gather and analyze query specific information that you provide and to summarize this information into one streamlined synopsis of what is being blogged about on the internet without you having to perform needless and wasteful hours searching various websites to find your information.

The following terms and conditions govern all use of the www.dotblog.net website (the “Website”) and all content, services and products available at or through the Website.  The Website is owned and operated by Driven Innovations, Inc. (“Driven”).   The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules and/or policies.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of its services. If these terms and conditions are considered an offer by Driven, acceptance is expressly limited to these terms.

1.   Payment of Fees
The plan pricing is as specified in the Product Pricing page which is available at www.dotblog.net.  Payments will be processed through the PayPal system.  Fees are not refundable.

2.   Responsibility of Website Visitors.
Driven 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, Driven does not represent or imply that it endorses the blogs that are searched, or that it believes the material in any blog post is accurate, useful or non-harmful. If you choose to visit or link to any blog posts that are summarized as part of this service, 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. Driven 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.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for financial gain, any portion of the Dotblog™ service, use of the Dotblog™ service or access to the Dotblog™ service.

3.   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 webpages to which link to www.dotblog.net.  Driven does not have any control over those non-Dotblog websites and webpages, and is not responsible for their contents or their use. By linking to a non-Dotblog website or webpage, Driven does not represent or imply that it endorses such websites or webpages. 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. Driven disclaims any responsibility for any harm resulting from your use of non-Dotblog websites and webpages.

4.   Copyright Infringement and DMCA Policy.
As Driven 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 www.dotblog.net violates your copyright, you are encouraged to notify Driven in accordance with the Digital Millennium Copyright Act (“DMCA”) Policy. Driven will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.  Driven will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Driven or others. In the case of such termination, Driven will have no obligation to provide a refund of any amounts previously paid to Driven.

5.   Intellectual Property.
This Agreement does not transfer from Driven to you any Driven or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Driven.  Driven, Dotblog™, www.dotblog.net, the www.dotblog.net logo, and all other trademarks, service marks, graphics and logos used in connection with www.dotblog.net, or the Website are trademarks of Driven. 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 Driven or third-party trademarks.
 
6.   Changes.
Driven 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. Driven may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

7.   Termination.
Driven 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, you may simply discontinue using the Website.  Driven 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.

8.   Disclaimer of Warranties.
The Website is provided “as is”. Driven hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Driven makes no 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.

9.   Limitation of Liability.
In no event will Driven 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, loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Driven under this agreement during the twelve (12) month period prior to the cause of action. Driven 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.

10.   General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Driven 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.

11.   Indemnification.
You agree to indemnify and hold harmless Driven, 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.

12.   Miscellaneous.
This Agreement constitutes the entire agreement between Driven and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Driven, or by the posting by Driven 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 state of California, U.S.A., 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 Los Angeles County, California.

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 Los Angeles, California, 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; Driven 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.