PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE OR THE SERVICES.
The following are the terms and conditions for both http://shoemoney.net and http://blogninja.com (collectively the "Website") and the services hosted on the Website, (collectively, the Website and its services and content are referred to as the "Services"). The Services are owned and operated by Blog Ninja, Inc. and/or ShoeMoney Media Group, Inc. (collectively referred to as "Blog Ninja"). Both Blog Ninja, Inc. and ShoeMoney Media Group, Inc. may enforce these Terms.
By accessing the Services, continuing to access the Services, or submitting any information through the Services, and in consideration for the services Blog Ninja ("Blog Ninja" or "us," or "we") provides to you, YOU (the terms "you" or "yours" includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE SERVICES (the "Terms"). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
OVERVIEW AND DISCLAIMERS
The Blog Ninja services will provide you the opportunity to complete tasks designed to teach you how to make money online. Blog Ninja does not charge you any fee for enrolling in the Blog Ninja network or completing any tasks. However, some tasks require you to enter into transactions with third-parties. Blog Ninja is not responsible for your interactions with those third-parties. Those third-parties may charge you fees for their services. For example, in order to complete a task, you may need to obtain hosting services for your website. You will likely have to pay for those hosting services. When you complete some tasks, and if you make payments to certain third-parties, Blog Ninja may receive compensation from those third-parties.
When you complete certain tasks, Blog Ninja will pay you for completing those tasks. You must have an active PayPal account to receive your payment. Blog Ninja does not guarantee a certain amount or frequency of payment and reserves the right to eliminate payments from the Services altogether.
The Services may include, from time to time, an affiliate or referral program where you can refer new people to register and use the Blog Ninja Serices and complete its tasks. If you meet the requirements for the referral program, you can receive compensation when your referrals complete certain tasks. You can begin referring other users under the referral program as soon as you create a user account.
The advice and content contained on the Services are for informational purposes only. While we believe the Blog Ninja Services will provide you valuable skills that you can use to make money online, Blog Ninja does not guarantee that you will make any money as a result of your use of the Services. Blog Ninja is not responsible for any actions you take as a result of your use of the Services. Use the information you obtain from the Blog Ninja Services at your own risk.
I USER ACCOUNTS, REGISTRATION, AND INFORMATION SUBMISSION
Registration. In order to utilize some of the Services, you must register and create an account. In order to create an account, you must complete the registration process by providing Blog Ninja, or a third-party engaged by Blog Ninja, with complete and accurate information as prompted by the registration form, including contact information, a PayPal account email, a username, and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify Blog Ninja immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.
Refusal of Service. Blog Ninja reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party's intellectual property rights, abuse other Website users, misuse the Website or its services, or otherwise engage in inappropriate conduct, as determined by Blog Ninja in its sole discretion.
III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Blog Ninja reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website. The most current version of these Terms will be located on this page. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the "Updated" date indicated at the top of this page with the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Website or its Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
Blog Ninja expressly reserves all right, title, and interest in and to the Services and all Website content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.
Overview and Age Restrictions. The Services may, from time to time, allow users and third-parties to upload, post, or otherwise transmit user-generated content, including but not limited to comments, recommendations, pictures, reviews, images, and other forms of data or communications ("User Content"). By submitting User Content, you represent that you are 13 years of age or older, and, if under the age of 19, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Services.
User Obligations and License; Intellectual Property. You alone own and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively "Post") through the Services and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false, defamatory, infringes upon another party's intellectual property, or is otherwise illegal. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.
By Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, Blog Ninja a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with your Posted User Content on the Services, including anyone's reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Testimonials. If you Post or otherwise transmit to Blog Ninja a testimonial statement regarding your results using the Blog Ninja Services, you grant, and warrant and represent that you have the right to grant, Blog Ninja a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and any accompanying materials for any purpose, including posting on the Services or using in any Blog Ninja advertising materials.
By Posting or sending any testimonials, you represent that the testimonial statement is true and that the testimonial accurately depicts your experience using the Blog Ninja Services.
If you no longer wish Blog Ninja to use your written testimonial statement, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.
If you received any kind of compensation from Blog Ninja, whether monetary, in the form of a free product, or otherwise, you must notify us of this fact when posting or sending your testimonial.
Rules of Conduct. In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Services. Blog Ninja reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of Blog Ninja.
Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), Blog Ninja is only a distributer, and not the publisher or speaker, of any User Content. As such, Blog Ninja cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. Blog Ninja does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Blog Ninja be responsible for any loss or damage resulting from any person's reliance on any User Content.
Reservation of Rights. Subject to Section VI below, regarding the DMCA, Blog Ninja reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Blog Ninja's sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Blog Ninja reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
Information Storage and Access. Blog Ninja reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. Blog Ninja will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Blog Ninja's servers.
Suggestions. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Blog Ninja and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
DIGITAL MILLENNIUM COPYRIGHT ACT
Blog Ninja respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act ("DMCA"). Anyone who believes that their work has been reproduced on the Website in a way that constitutes copyright infringement may notify Blog Ninja's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Website so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notifications of claimed infringement should be forwarded to:
Troy F. Meyerson 500 Energy Plaza 409 S. 17th Street Omaha, NE 68102
If you give notice of copyright infringement by text e-mail, Blog Ninja's copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
Blog Ninja reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
VII. THIRD-PARTY SERVICES
The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, or provide other services.
Additionally, as you complete tasks and progress through the Blog Ninja network, you may be required to use certain third-party services in order to complete certain tasks. For example, you may be required to have an account with a social media company, you may need to obtain hosting services for a website, or you may need to setup a Google AdSense account. Your interactions with any of these third-parties is controlled by the terms and conditions imposed by those third-parties. Any disputes arising regarding a third-party's services must be resolved directly between user and the third-party. Blog Ninja disclaims all warranties or representations regarding any third-party services.
VIII. THIRD-PARTY PAYMENTS
As discussed in Section VII, as you complete tasks and progress through the Blog Ninja Services, you may be required to use third-party services in order to complete certain tasks. These third-parties may charge fees for the use of their services. For example, it may cost you money to obtain hosting services for your website. Blog Ninja does not guarantee that all tasks may be completed without any payment to any third-party. Your payments to any of these third-parties is controlled by the terms and conditions imposed by those third-parties. Any disputes arising regarding a third-party's services must be resolved directly between user and the third-party. Blog Ninja disclaims all warranties or representations regarding any third-party services.
Blog Ninja may receive compensation from one or more of these third-parties.
REPRESENTATIONS, WARRANTIES, OR DISCLAIMERS
Blog Ninja does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes them available, are free of viruses or other harmful component, or (v) the use or the results of the use of the Services will be correct, accurate, timely, or otherwise reliable.
Further, Blog Ninja expressly disclaims any representation or warranty relating to any products, services, or companies displayed, described, advertised, reviewed, recommended, linked to, or pictured on the Services, if any. Blog Ninja does not endorse any such products, services, or companies and does not warrant that any such products, services, or companies are available, will meet the user's needs, are appropriate for any particular use, or are of any certain quality. Likewise, Blog Ninja does not guarantee that any product, service, or company descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Blog Ninja be responsible for any loss or damage resulting from any person's reliance on any such product, service, or company descriptions, reviews, or specifications contained on the Website.
THE WEBSITE AND ITS SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BLOG NINJA EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE FOREGOING, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. BLOG NINJA DOES NOT WARRANT THAT THIS WEBSITE'S SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR ITS SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED THROUGH THE WEBSITE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
If you access the Website or any of its related products or services through a mobile device, your wireless service carrier may charge you data rates and related fees.
COMPLIANCE AND PROHIBITED ACTIONS
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.
You agree to indemnify, hold harmless and defend Blog Ninja, its directors, employees, agents, or affiliates (collectively the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, or (iv) your unauthorized use of the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
XIII. LIMITATIONS OF LIABILITY
BLOG NINJA WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF BLOG NINJA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, BLOG NINJA'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE BLOG NINJA PRODUCTS OR SERVICES SUBJECT TO THESE TERMS DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
XIV. TERMS AND TERMINATION
By submitting your contact information to Blog Ninja, you consent to Blog Ninja contacting you via any of the contact information you provide, including telephone or email. You also consent to Blog Ninja disclosing your submitted information to third-parties for marketing purposes.
XVI. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
XVII. APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the laws of the state of Nebraska without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Nebraska. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The services provided by Blog Ninja hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals. Any notices to Blog Ninja must be sent to:
Blog Ninja Counsel 1316 N. Street Lincoln, NE 68508
via first class or air mail or overnight courier, and are deemed given upon receipt.
XVIII. NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of these Terms are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between Blog Ninja and you is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.