Terms of Service
We (the folks at JoplinBlog) run a blog and web site hosting service called JoplinBlog.com and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as advertising and organizing. Our service is designed to give you as much control and ownership over what goes on here as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
You can check our page under “Authors” to get a sense of the types of sites that are welcome on our service (or not!).
If you find a JoplinBlog.com page that you believe violates our terms of service, please visit our dispute resolution & reporting page.
Creative Commons License
This document was adapted from the April 24th 2014 version of the WordPress.com Terms of Service under the Creative Commons Sharealike License. Changes and modifications of this current content fall under the same license and can be used or repurposed with attribution to both JoplinBlog.com and WordPress.com. References to both entities should be replaced.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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 services. If these terms and conditions are considered an offer by JoplinBlog, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your JoplinBlog.com Account and Site.
If you create an account on the Website, you are responsible for maintaining the security of your account and any content posted by your profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your posts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and JoplinBlog may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause JoplinBlog liability. You must immediately notify JoplinBlog of any unauthorized uses of your account or any other breaches of security. JoplinBlog will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by JoplinBlog or otherwise.
By submitting Content to JoplinBlog for inclusion on your Website, you grant JoplinBlog 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, JoplinBlog 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, JoplinBlog has the right (though not the obligation) to, in JoplinBlog’s sole discretion (i) refuse or remove any content that, in JoplinBlog’s reasonable opinion, violates any JoplinBlog 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 JoplinBlog’s sole discretion. JoplinBlog will have no obligation to provide a refund of any amounts previously paid.
You may use the JoplinBlog.com Website to develop a product or service that searches, displays, analyzes, retrieves, and views information available on JoplinBlog.com. You may also use the JoplinBlog.com name or logos and other brand elements that JoplinBlog makes available in order to identify the source of the information.
Restricted Use. You may not use the JoplinBlog.com Website to substantially replicate products or services offered by JoplinBlog, including the republication of JoplinBlog.com content or the creation of a separate publishing platform. If JoplinBlog believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the JoplinBlog.com Website may be temporarily or permanently revoked, with or without notice.
Responsibility of Website Visitors.
JoplinBlog 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, JoplinBlog 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. JoplinBlog 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 webpages to which JoplinBlog.com links, and that link to JoplinBlog.com. JoplinBlog does not have any control over those non-JoplinBlog websites and webpages, and is not responsible for their contents or their use. By linking to a non-JoplinBlog website or webpage, JoplinBlog does not represent or imply that it endorses such website or webpage. 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. JoplinBlog disclaims any responsibility for any harm resulting from your use of non-JoplinBlog websites and webpages.
Copyright Infringement and DMCA Policy.
As JoplinBlog 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 JoplinBlog.com violates your copyright, you are encouraged to notify JoplinBlog in accordance with JoplinBlog’s Digital Millennium Copyright Act (“DMCA”) Policy. JoplinBlog will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. JoplinBlog 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 JoplinBlog or others. In the case of such termination, JoplinBlog will have no obligation to provide a refund of any amounts previously paid to JoplinBlog.
This Agreement does not transfer from JoplinBlog to you any JoplinBlog or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with JoplinBlog. JoplinBlog, Malone Multimedia LLC, JoplinBlog.com, the JoplinBlog.com logo, and all other trademarks, service marks, graphics and logos used in connection with JoplinBlog.com, or the Website are trademarks or registered trademarks of JoplinBlog or JoplinBlog’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 JoplinBlog or third-party trademarks.
Advertisements. JoplinBlog reserves the right to display advertisements on your blog unless you have purchased an Ad-free Upgrade or a VIP Services account.
JoplinBlog reserves the right to display attribution links such as ‘Blog at JoplinBlog.com,’ theme author, and font attribution in your post content. Footer credits and other JoplinBlog.com branding may not be altered or removed except as outlined in the “Authors” document or by explicit written permission.
JoplinBlog 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. JoplinBlog 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.
JoplinBlog 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 JoplinBlog.com account (if you have one), you may simply discontinue using the Website. 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”. JoplinBlog and its suppliers, partners, 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 JoplinBlog nor its suppliers, partners, and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. By using this Website, 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 JoplinBlog, or its suppliers, partners, 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 JoplinBlog under this agreement during the twelve (12) month period prior to the cause of action. JoplinBlog 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 agree to indemnify and hold harmless JoplinBlog, its contractors, suppliers, partners, 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.
This Agreement constitutes the entire agreement between JoplinBlog and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of JoplinBlog, or by the posting by JoplinBlog 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 Missouri, 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 Joplin, Missouri. 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 Joplin, Missouri, 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; JoplinBlog 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.
Your privacy is critically important to us. At JoplinBlog we have a few fundamental principles:
We don’t ask you for personal information unless we truly need it.
We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
We don’t store personal information on our servers unless required for the on-going operation of one of our services.
If you have questions about deleting or correcting your personal data please contact our support team.
Creative Commons License
This document was adapted from the April 24th 2014 version of the automattic.com Terms of Service under the Creative Commons Sharealike License. Changes and modifications of this current content fall under the same license and can be used or repurposed with attribution to both JoplinBlog.com and automattic.com. References to both entities should be replaced.
It is JoplinBlog’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, JoplinBlog collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. JoplinBlog’s purpose in collecting non-personally identifying information is to better understand how JoplinBlog’s visitors use its website. From time to time, JoplinBlog may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
JoplinBlog also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on JoplinBlog.com blogs. JoplinBlog only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to JoplinBlog’s websites choose to interact with JoplinBlog in ways that require JoplinBlog to gather personally-identifying information. The amount and type of information that JoplinBlog gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at JoplinBlog.com to provide a username and email address. Those who engage in transactions with JoplinBlog are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, JoplinBlog collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with JoplinBlog. JoplinBlog does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
JoplinBlog may collect statistics about the behavior of visitors to its websites. For instance, JoplinBlog may monitor the most popular blogs on the JoplinBlog.com site or use spam screened by the anti-spam services to help identify spam. JoplinBlog may display this information publicly or provide it to others. However, JoplinBlog does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
JoplinBlog discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on JoplinBlog’s behalf or to provide services available at JoplinBlog’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using JoplinBlog’s websites, you consent to the transfer of such information to them. JoplinBlog will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, JoplinBlog discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when JoplinBlog believes in good faith that disclosure is reasonably necessary to protect the property or rights of JoplinBlog, third parties or the public at large. If you are a registered user of an JoplinBlog website and have supplied your email address, JoplinBlog may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with JoplinBlog and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. JoplinBlog takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If JoplinBlog, or substantially all of its assets, were acquired, or in the unlikely event that JoplinBlog goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of JoplinBlog may continue to use your personal information as set forth in this policy.