This service is provided by bzoink.com (herein known as "the Site") for individuals over 12 years of age (herein known as "the User") interested in creating, reading, and viewing personal weblogs, surveys, polls, quizlets, horoscopes, social networking, and any other features later added to the Site. This page states the Terms of Service under which you, as the User, may use the Site. Please read this page carefully. If you do not accept the Terms of Service stated here, DO NOT use the Site. The Site may revise these Terms of Service at any time by updating this posting. You should visit this page periodically to review these Terms of Service, because they are binding on you. If you, as the User, violate any of these Terms, your permission to use this site automatically terminates without notice.
All users must be 13 years of age or older.
Users younger than 13 years of age are not allowed to use the Site, and if found their account will be terminated.
I. Description of Service
The Site is a web-based service that allows the User to partake in many different actions. Such actions include, but are not limited to: maintaining a personal weblog; creating and filling out surveys, polls, and quizlets; viewing horoscopes for entertainment; and taking part in a friend matching system or otherwise known as social networking (herein known as "the Service"). Upon free membership registration the User is given an account that acts as his or her control panel to create, view, and manage any blogs, surveys, polls, quizlets, or otherwise belonging to the User (herein known as "the Content"). The Content may reside on the Site's servers or a third party's server.
II. Responsibilities During Registration
In order to create an account at the Site the User must register and verify that his or her information is valid. The User must provide complete, accurate and valid information (most importantly is the EMAIL ADDRESS) about themselves during the registration process. In the event that your information should change after you've registered, you are required to update your information as soon as possible. Should the Site suspect that any information the User has provided is not complete or accurate, administration may suspend or terminate the User's account with or without warning.
IV. Limits of Responsibility
The User consents that the Site, and its subsidaries, affiliates, officers, agents, co-branders or other partners, employees, and users are not responsible for the Content of the Users' surveys, polls, quizlets, blogs, survey or quizlet results, and other content. The User also agrees that the aforementioned individuals are not responsible for any Internet Usage Fees incurred while using the Site. The User agrees that the aforementioned individuals may not be sued or be held responsible for anything, as this is a free service and use is voluntary. Should the User NOT agree that the aforementioned individuals are removed from all responsibilities, the User should not use the Service.
V. Service Modifications
The Site reserves the right to modify or discontinue the Service at any time with or without notice.
VI. Service Use
The User is to use the Service responsibly and shall not misuse the Service in any manner. The Site has limited space and bandwidth and reserves the right to take the necessary actions towards the User if the User's use of the Service causes a problem for other users.
The User agrees not to exploit any security holes found within the Service. The User is to report any security holes or other security issues immediately upon discovery to .
The User agrees that the Site can terminate any part of the Service for any reason. Parts of the Service that are open for termination include, but are not limited to, User accounts, blogs, blog entries, polls, quizlets, quizlet results, surveys, survey results, and special features.
IX. The Content
The User agrees to obide by the following guidelines when entering content to their accounts.
- 1. All content being posted to the Site in any manner, are the responsibility and property of the author. The Site makes every effort in assuring that the Content is of decency. The Site is not responsible for monitoring or filtering the Content found within or linked on the Site. Individuals posting questionable material accept that they are solely responsible.
- 2. The Site will take any necessary actions upon the User's account if the User's account has been reported to be offensive in any manner.
- 3. The Site does not claim ownership or control over what the User posts within any part of the Service. The author retains all patents, copyrights, and trademarks contained in the Content and is solely responsible for protecting those rights.
- 4. The Site reserves the right to publish any of the Content posted by the User according to the state of activity or inactivity or any security settings the User has set on the Content.
- 5. The User understands that the Site does not monitor or filter the Content being posted to any part of the Service. The Site reserves the right to monitor and/or filter the Content being posted to the Site if any concerns arise by the Site or by the User.
X. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BZOINK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- (b) BZOINK.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BZOINK.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
XI. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BZOINK.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BZOINK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Any violations of TOS can and may result in account termination. If you would like to report someone who has violated the TOS Agreement please send an e-mail to . Please be specific with the violation at hand.
Last modified: August 18, 2005