Welcome to EZEdCal.com (Easy Editorial Calendar), a website operated by Alpha Omega Tech Solutions, Inc. ("Alpha Omega Tech Solutions", "EZEdCal", "we", "us", or "our"). We operate the EZEdCal, which helps the blog owners to manage their blog with an easy use editorial calendar. If you are reading this agreement, you may know about our website and EZEdCal (Easy Editorial Calendar).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE SITE AND USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU ARE ACCESSING THE SITE OR USING THE SERVICES ON BEHALF OF AN ENTITY OR BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR BUSINESS TO THESE TERMS AND CONDITIONS. IF YOU OR THE ENTITY DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
1. SERVICES. The EZEdCal (Easy Editorial Calendar) is an easy use editorial calendar for the blog owners who can generate an editorial calendar used by them and also they can easily show the editorial calendar to their users.
2. BLOG OWNER ACCOUNTS. If you are a Blog owner and want to use EZEdCal (Easy Editorial Calendar) then you need to create an Account. You can create an Account by following the registration instructions provided on the Site. If you choose to create an Account, you agree to provide only true, current, accurate, and complete registration information, and you will keep that information true, accurate, and up-to-date. Each registration is for your personal use, or for the use by the company or organization on whose behalf you access the Site and use the Service. You are responsible for all activities occurring under Your Account and you may not authorize anyone else's use. You must abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You may not use your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.
3. CONTENT. Blow Owners are responsible for any Content on the Publisher Site. You agree that any Content for which you are responsible will not:
4. GENERAL RULES OF CONDUCT. It is our goal to make the use of our Site and Services a good experience for all of our Blog Owners. With this in mind, we have formulated these rules of conduct. You agree not to, nor allow anyone accessing your Account or the Site or Services to:
5. OWNERSHIP AND EZEDCAL LICENSES. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services ("Our Technology") are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Subject to the terms of this Terms and Conditions, we hereby grant to any Publisher a limited, non-exclusive, worldwide license to use and reproduce the code provided on the Site that enables the installation of EZEdCal Widgets on your blogs (the "Downloadable Code"), and to display the EZEdCal Widgets as manifested by the Downloadable Code, with the understanding that this right and license is personal to you and may not be sublicensed or transferred to any other party. You may modify the Downloadable Code as described in our Help documents or otherwise authorized by us, but in no event may you modify the Code in a manner that removes, diminishes or otherwise obscures any of our Marks, notices or links back to the Site or breaches any of your obligations in these Terms and Conditions. Except as specifically allowed in this paragraph, our Technology may not be modified, reproduced, republished, posted, displayed, performed, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. If you are a U.S. Government end user, any of the components that constitute Our Technology and its related documentation is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire Our Technology and any documentation provided with the Services with only those rights set forth in this Agreement.
6. OUR TRADEMARKS. EZEdCal and "Easy Editorial Calendar" are registered trademarks in the United States. Other EZEdCal graphics, logos, designs, page headers and button icons appearing on the Site or the Services may be trademarks in the United States and other countries (collectively, with the registered trademarks, the "EZEdCal Marks"). All other logos and trademarks are trademarks of their respective owners. You are not authorized to use any EZEdCal Marks without the prior written permission of EZEdCal. Ownership of all EZEdCal Marks and the goodwill associated therewith remains with us. We hereby grant Blog Owners a non-exclusive right and license to display any EZEdCal Marks but solely as incorporated into, and subject to the restrictions of use associated with, the code and EZEdCal widgets licensed in Section 5. Except for this limited license granted to blog owners, you are not authorized to use any EZEdCal Marks.
7. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services, (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
8. INTERACTIVE FORUMS. The Site may contain forums that allow our Blog Owners and other registered users to interact with us and each other ("Forums"). You are solely responsible for any Content you post to a Forum and the provisions of Sections 3 and 4 apply. We reserve the right, but do not undertake the obligation, to alter, edit, refuse to post or remove a post on the Forums if it does not meet the standards established in this Agreement or for any other reason we deem appropriate. We are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Content or activities of other users on the Site. You agree that (i) we are not in any manner responsible for the Content, (ii) we do not guarantee the accuracy, integrity or quality of the Content, and (iii) we cannot ensure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Content will not appear on the Site or Forums. You retain the copyright in any Content that you post in the Forums, and by posting any Content in the Forums, you grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Content in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.
12. GEOGRAPHICAL RESTRICTIONS. We make no representation that all of the Services are appropriate or available for use in locations outside the United States or all territories within the United States. If you choose to access our Site and the Services, or make the Services available via the Publisher Site, you do so on your own initiative and are responsible for compliance with local laws.
13. MODIFICATIONS TO TERMS. We may change the terms of these Terms and Conditions from time to time on a going-forward basis. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email. Any such modifications become effective upon the earlier to occur of (i) your acknowledgement of such modifications; or (ii) your continued access to and/or use of the Site or Services after we post notice of such modifications. It is your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms and Conditions. If you do not agree to any changes, if and when such changes may be made to the Terms and Conditions, you must cease access to the Site and use of the Services.
14. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
15. TERMINATION. You acknowledge and agree that we, at our sole discretion, may terminate your use of the Site and/or the Services without prior notice for any reason at any time. You agree that we shall not be liable to You or any third party for termination of your access to the Site and Services. In the event of any termination, you will immediately cease access to the Site and/or the applicable Services, and we will no longer provide You such Services.
16. DISCLAIMERS. THE SITE AND SERVICES AS WELL AS ALL SOFTWARE, MATERIALS, AND TECHNOLOGY USED TO PROVIDE ANY OF THE FOREGOING, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARSPRING, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, QUIET ENJOYMENT, UN-INTERRUPTION, AND/OR SYSTEM INTEGRATION. CLEARSPRING, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SITE OR SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR FREE.
17. LIMITATIONS OF LIABILITY AND CONTENT. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE, AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL EZEDCAL, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES OR LIKE DAMAGES, INCLUDING, LOST PROFITS, GOODWILL, LOST OPPORTUNITIES AND INTANGIBLE LOSSES, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THESE TERMS, INCLUDING, FOR EXAMPLE AND CLARITY ONLY, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, THE SITE, THE EZEDCAL PLATFORM, OR CONTENT. THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT EZEDCAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH ANY VIOLATION BY US OF THESE TERMS AND CONDITIONS IS TO DISCONTINUE USING THE SITE OR THE SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ANY VIOLATION OF THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
18. INDEMNIFICATION. You agree to indemnify, defend and hold harmless EZEdCal, our officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (i) any Content you submit, post or transmit through the Site or Services, (ii) your use of the Site or Services, (iii) your violation of these Terms and Conditions, (iv) your violation of any rights of any other person or entity, or (v) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.
19. ELECTRONIC COMMUNICATIONS. We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 14 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms and Conditions by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
20. SURVIVAL. Any provisions regarding ownership, any licenses that by their terms survive termination, as well as Sections 16 through 23 will survive the expiration or termination of these Terms and Conditions for any reason.
22. NOTICE; VIOLATIONS. We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to firstname.lastname@example.org or as otherwise expressly provided. Please report any violations of these Terms and Conditions to email@example.com.
23. General Terms. You are responsible for compliance with all applicable laws. The Terms and Conditions and the relationship between you and EZEdCal will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms and Conditions, or your use of the Site or Services must be instituted exclusively in the federal or state courts located in Fairfax County, Virginia and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms and Conditions are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms and Conditions to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms and Conditions, shown in boldface type, are included only to help make these Terms and Conditions easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms and Conditions constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision of the Terms and Conditions will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions will continue in full force and effect. YOU AND EZEDCAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR EZEDCAL PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Updated: June 10, 2012