This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: February 8, 2011.
Statement of Rights and Responsibilities
By using or accessing Regionize, you agree to this Statement.
Sharing Your Content and Information
You own all of the content and information you post on Regionize, and you can control how it is shared through your account settings.
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-license-able, royalty-free, worldwide license to use any IP content that you post on or in connection with Regionize ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information using the "public" setting, it means that you are allowing everyone, including people who are not members of Regionize, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Regionize, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Regionize safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on Regionize.
- You will not collect users' content or information, or otherwise access Regionize, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Regionize.
- You will not upload viruses or other malicious code.
- You will not solicit log-in information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user, people, place, or event.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use Regionize to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Regionize, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
Regionize users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Regionize, or create an account for anyone other than yourself without permission.
- If we disable your account, you will not create another one without our permission.
- If you are under the age of 13, you will identify yourself as such and Regionize will mark your profile as private.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Regionize that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on Regionize if we believe that it violates this Statement. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
If you believe that a user on Regionize is violating your copyright, please contact our copyright infringement officer at: Lonnie LePore PO Box 1188 Asheville, NC 28806
You will not use our copyrights or trademarks (including Regionize and Regionize Logos), or any confusingly similar marks, without our written permission.
You will not post anyone's identification documents or sensitive financial information on Regionize.
If you make a payment on Regionize, you agree that:
- All payment for products will be made by a valid credit card
- Fees are payable in U.S. dollars.
- If a monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Blue House Works to charge your credit card for such amounts on a regular monthly basis.
- If Blue House Works is for any reason unable to effect automatic payment via your credit card, Blue House Works will attempt to notify you via email and your Regionize account will be disabled until payment is received.
- Amounts paid for the Products are not refundable.
Special Provisions Applicable to Event
You can target your specific audience by buying promotions (aka billboards) on Regionize. The following additional terms apply to you if you place an order through our online promotions portal ("Order"):
- When you place an Order, you will identify which event to promote, you will supply two creative billboards, you will tell us the event category/categories to which the promotions apply, the amount you want to spend, and a time-frame during which to promote your event.
- If we accept your Order, we will deliver your billboards within our inventory (Regionize banners and Regionize Calendar Widget footers).
- Regionize reserves the right to deny your Order for any reason; typical causes for denial include inappropriate content, inappropriate category/categories for the event, or inappropriate region for the event.
- When serving your promotion, we do our best to deliver the billboards to the audience you specify, although we cannot guarantee in every instance that your billboard will reach its intended target.
- You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms (currently 100 unique impressions or 1 click).
- Your billboards must be relevant to the event you are promoting and contain appropriate content for that event.
- We will determine the size, placement, and positioning of your billboards.
- We do not guarantee the activity that your billboards will receive, such as the number of clicks you will get, buy you will not incur a charge of your credits unless the minimum guarantee is met (currently 100 unique impressions or 1 click).
- We cannot control how people interact with your billboards, and are not responsible for click fraud or other improper actions that affect the cost of running billboards. We haven taken measures to prevent such occurrences.
- You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the promotion stops running. You are responsible for paying for those billboards.
- Our license to run your promotion will end when we have completed your Order. You understand, however, that if users have interacted with your billboard, your billboard may remain until the users delete it.
- We can use your billboards and related content and information for marketing or promotional purposes.
- You will not issue any press release or make public statements about your relationship with Regionize without written permission.
- We may reject or remove any billboard for any reason.
- If you are placing billboards on someone else's
behalf, we need to make sure you have permission to place
those billboards, including the following:
- You warrant that you have the legal authority to bind the advertiser to this Statement.
- You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
We can change this Statement at any time. We notify our users of any changes to this statement via our email marketing account and social networking platforms we use.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Regionize to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Regionize exclusively in a state or federal court located in Buncombe County. The laws of the State of North Carolina will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Buncombe County, North Carolina for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on Regionize, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP Regionize UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Regionize "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Regionize WILL BE SAFE OR SECURE. Regionize IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Regionize, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Regionize WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Regionize'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Regionize (such as promotions or payments).
By "Regionize" we mean the features and services we make available, including through (a) our website at www.regionize.com and any other Regionize branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the like button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Regionize or provide data to us.
By "information" we mean facts and other information about you, including actions you take.
By "content" we mean anything you post on Regionize that would not be included in the definition of "information."
By "data" we mean content and information that third parties can retrieve from Regionize or provide to Regionize through Platform.
By "post" we mean post on Regionize or otherwise make available to us (such as by using an application).
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into Regionize at least once in the previous 30 days.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Blue House Works, Inc. References to “us,” “we,” and “our” mean Blue House Works, Inc. or Regionize.
- This Statement makes up the entire agreement between the parties regarding Regionize, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- You will comply with all applicable laws when using or accessing Regionize.