TERMS AND CONDITIONS
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website (the "Service") operated by [Your Blog and Web Store] ("us", "we", or "our").
1) Agreement to Terms
By using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.
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2) Intellectual Property
All content on the Service, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of [Your Blog and Web Store] or its content suppliers and protected by applicable copyright, trademark, and other intellectual property laws.
3) Use of the Service
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate [Your Blog and Web Store], a [Your Blog and Web Store] employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by [Your Blog and Web Store], may harm [Your Blog and Web Store] or users of the Service or expose them to liability.
4) User Contributions
The Service may allow you to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Service. You retain all rights in, and are solely responsible for, the User Contributions you post.
You hereby grant to [Your Blog and Web Store] a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license, with the right to sublicense, use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Contributions in all formats and distribution channels now known or hereafter devised (including in connection with the Service and [Your Blog and Web Store]'s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Contributions or you have all rights, licenses, consents, and releases that are necessary to grant to [Your Blog and Web Store] the rights in such User Contributions, as contemplated under these Terms; and (ii) neither the User Contributions, nor your submission, uploading, publishing, or otherwise making available of such User Contributions, nor [Your Blog and Web Store]'s use of the User Contributions as permitted herein will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5) Prohibited Activities
You agree not to engage in any of the following prohibited activities:
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Use the Service in any way that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights.
• Use the Service to engage in any conduct that is offensive, unlawful, harassing, defamatory, abusive, or otherwise objectionable.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7 Disclaimer of Warranties
The Service is provided on an "as-is" and "as available" basis. [Your Blog and Web Store] makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service. You expressly agree that your use of the Service is at your sole risk.
8 Limitation of Liability
In no event shall [Your Blog and Web Store], its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) interruption or cessation of transmission to or from the Service, (v) bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not [Your Blog and Web Store] is advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless [Your Blog and Web Store], its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions, suits, or proceedings, as well as any losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Contributions, or your violation of these Terms.
13) Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the [Your Country/State/Province], without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be resolved in the courts located in [Your City/State/Province], and you hereby consent to the personal jurisdiction of such courts.
14) Changes to Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
These Terms constitute the entire agreement between you and [Your Blog and Web Store] regarding the use of the Service, superseding any prior agreements between you and [Your Blog and Web Store] relating to the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
16) Contact Information
If you have any questions about these Terms, please contact us at [support@gadgetenclave(dot)com].