The gist:
At Notice Software, LLC, we provide the Blog Rocket mobile app publishing solution. Blog Rocket is optimized for blogs, news, and informational sites, but can be used for many other types of content producers.
We’d
love for you to use it. Our basic service is free, with a few add-ons or customizations requiring payment.
The main thing we ask is that
you own the content you’re publishing through our system, Intellectual Property theft will not be tolerated.
You can check
our site for types of sites to get a sense of the
types of sites that are welcome on our service (or not!). If you find a Blog Rocket site that you believe
violates our terms of service, please
contact support.
Terms of Service:
The following terms and conditions govern all use of the noticesoftware.com website and all content, services and
products available at or through the website, including, but not limited to, the Blog Rocket app creation
service (‘App Creation Service’), (taken together, the Website). The Website is owned and operated by Notice Software, LLC.
(‘Notice Software’). The Website is offered subject to your acceptance without modification of all of the terms and
conditions contained herein and all other operating rules, policies
and procedures that may be
published from time to time on this Site by Notice Software (collectively, the ‘Agreement’).
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 Notice Software, acceptance is expressly limited to these terms. The
Website is available only to individuals who are at least 13 years old.
- Your Notice Software Account and App. If you create an app on the Website, you are
responsible for maintaining the security of your account, and you are fully responsible for all
activities that occur under the account and any other actions taken in connection with the app. You must
not describe or assign keywords to your app in a misleading or unlawful manner, including in a manner
intended to trade on the name or reputation of others, and Notice Software may change or remove any description
or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Notice Software liability.
You must immediately notify Notice Software of any unauthorized uses of your app, your account or any other
breaches of security. Notice Software 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 an app, post material to
an app, 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 towards individuals or
entities, and does not violate the privacy or publicity rights of any third party;
- your app 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 app is not named in a manner that misleads your readers into thinking that you are another
person or company. For example, your app’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
Notice Software or otherwise.
By submitting Content to Notice Software for inclusion on your App, you grant Notice Software 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. Such publication may include, for a
particular customer, a mobile website, an iPhone application, an iPad Application, an Android application,
a BlackBerry application, a Windows Phone 7 Application, and mobile applications for other primarily
mobile devices. If you delete Content, Notice Software 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, Notice Software has the right (though not the
obligation) to, in Notice Software’s sole discretion (i) refuse or remove any content that, in Notice Software’s
reasonable opinion, violates any Notice Software 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
Notice Software’s sole discretion. Notice Software will have no obligation to provide a refund of any amounts
previously paid.
- Payment and Renewal.
- General Terms.
Optional paid services are available on the
Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay
Notice Software the one-time, monthly, or annual subscription fees indicated for that service (additional payment
terms specifically for Custom services are described below). Payments will be charged on a pre-pay
basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or
annual subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal.
Unless you notify Notice Software before the end of the applicable subscription period that you want to
cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to
collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any
taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be
canceled at any time by contacting Notice Software support.
- Responsibility of Website Visitors. Notice Software 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, Notice Software 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. Notice Software 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
NoticeSoftware.com links, and that link to NoticeSoftware.com. Notice Software does not have any control over those
non-Notice Software websites and webpages, and is not responsible for their contents or their use. By linking to a
non-NoitceSoftware website or webpage, Notice Software 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. Notice Software disclaims
any responsibility for any harm resulting from your use of non-NoticeSoftware websites and webpages.
- Copyright Infringement and DMCA Policy. As Notice Software 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 NoticeSoftware.com violates your copyright, you are encouraged to notify
Notice Software. Notice Software will respond to all such notices, including as
required or appropriate by removing the infringing material or disabling all links to the infringing
material. Notice Software 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 Notice Software or others. In the case of such termination, Notice Software will have no obligation
to provide a refund of any amounts previously paid to Notice Software.
- Intellectual Property. This Agreement does not transfer from Notice Software to you any
Notice Software or third party intellectual property, and all right, title and interest in and to such property
will remain (as between the parties) solely with Notice Software. Notice Software, Blog Rocket, NoticeSoftware.com, the
Blog Rocket logo, and all other trademarks, service marks, graphics and logos used in connection with
NoticeSoftware.com, or the Website are trademarks or registered trademarks of Notice Software or Notice Software?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 Notice Software or third-party trademarks.
- Advertisements. Notice Software has the right to display advertisements on your app unless
you have purchased an Ad-free Upgrade. Advertising revenue will be shared with app owners once a quarter, unless another agreement is in place. We’re working on making it quicker, but Ad Networks pay out really slowly.
- Changes. Notice Software 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. Notice Software 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.
- Termination. Notice Software 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 NoticeSoftware.com account (if you have one), notify Notice Software to remove your applications from the relevant application stores and discontinue use of our 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”.
Notice Software and its suppliers 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 Notice Software nor its suppliers and licensors, makes any 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.
- Limitation of Liability. In no event will Notice Software, or its suppliers 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 or 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 Notice Software under
this agreement during the twelve (12) month period prior to the cause of action. Notice Software 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 represent and warrant that (i) your use of the
Website will be in strict accordance 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.
- Indemnification. You agree to indemnify and hold harmless Notice Software, 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.
- Miscellaneous. This Agreement constitutes the entire agreement between Notice Software and you
concerning the subject matter hereof, and they may only be modified by a written amendment signed by an
authorized executive of Notice Software, or by the posting by Notice Software 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 Texas, 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 Texas. 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 Austin, Texas
, 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;
Notice Software 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.
Change log:
June 7th, 2011: First Version.
