Blog Better! - Writing Helper by Zemanta 1.0

End-User License Agreement

Blog Better! - Writing Helper by Zemanta requires that you accept the following End-User License Agreement before installation can proceed:

The Gist: Zemanta ltd. operates a service called Zemanta. Our basic service is free, and we offer paid upgrades for advanced features such as customization and guaranteed service levels.

Our service is designed to enhance content submitted to it by analyzing that content and returning relevant metadata (tags, entities, categories) and content enhancements (related article and image links) to you. The service stores the derived metadata and content enhancements and can make them available to others provided they possess the appropriate Request ID (RID). The service also stores submitted content except in certain cases when handling delicate information (as specified below). In order to use the Zemanta Service, you must agree to the terms below.

Zemanta Terms of Service: The following terms and conditions govern all use of the services and products available at or through the Zemanta.com website, including, but not limited to, the hosted Zemanta metadata and content enhancements generation and retrieval services, sample code, or Zemanta-developed applications.

The Zemanta service is owned and operated by Zemanta ltd.. The service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Zemanta and Zemanta ltd. Privacy Policy) and procedures that may be published from time to time on this Site by Zemanta ltd. (collectively, the "Agreement").

Please read this Agreement carefully before accessing the Zemanta services or products. By accessing the Zemanta service, 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 Zemanta service.

1. Your Zemanta service. If you access the Zemanta service, you are responsible for maintaining your use of the service, and you are fully responsible for describing the service according to our below guidelines. Zemanta ltd. may change or remove your access to any Zemanta service that it considers inappropriate or unlawful, or otherwise likely to cause Zemanta ltd. liability:

* Service Description. When deploying or utilizing Zemanta derived content on your site or within your application, you agree to display the Zemanta Icon logo.
* Service Icon/Logo Display. When deploying or utilizing Zemanta derived content, you agree not to make any changes to the shape and size of the Zemanta logo, or other Zemanta created content
* Service User Interface Display. When a reader clicks on the Zemanta icon logo you agree to hyperlink that logo directly to our home page at http://www.zemanta.com, or other appropriate page within our site.

2. Responsibility of posting users. You are a posting user if you submit content to the Zemanta service for contextual analysis using your Zemanta-assigned license key or using our service through our software (browser extension, API or server plugin). This definitions covers manual submission or automated submission by using the service. By requesting a license key or accessing the Zemanta service, you represent and warrant that:

* The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* The Content is not spam, 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 obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
* 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 Zemanta or otherwise; and
* You must immediately notify Zemanta ltd. of any unauthorized uses of your account or any other breaches of security. Zemanta ltd. 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.

You understand that Zemanta ltd. can retain a copy of the submitted content. Copy will not be retained only in the case when Zemanta Browser Extension submits the content of e-mail message from the mail composer view. Zemanta can without exception retain a copy of the metadata and content enhancements submitted by you or that generated by the Zemanta service. By submitting content to or generating metadata, content and content enhancements through the Zemanta service, you grant Zemanta ltd. a non-exclusive perpetual, sublicensable, royalty-free license to that metadata. From a privacy standpoint, Zemanta ltd. use of this metadata and content enhancements is governed by the terms of the Zemanta ltd. and Zemanta Privacy Statements.

3. Responsibility of retrieving users. You are a retrieving user if you use one or more of suggested content retrieved through software connecting to our service (standalone application, browser extension, API or server plugin). By accessing the Zemanta service, you represent and warrant that:

* if you choose to use it, you will use suggested content in the form provided and not change its size, scheme or format.
* you will not alter linking, credit or references that we provide with suggested content

4. Responsibility of All Users. Zemanta ltd. has not reviewed, and cannot review, all of the material, stored in the Zemanta Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Zemanta service, Zemanta ltd. does not represent or imply that it endorses the material there displayed or stored, or that it believes such material to be accurate, useful or non-harmful. The Zemanta service may store and return to you content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Zemanta service may also contain content 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. Zemanta ltd. disclaims any responsibility for any harm resulting from the use of the service. You will do your best to inform your end users to whom you display Zemanta suggestions about licenses of content suggested by Zemanta. This includes displaying license information during the authoring process and inclusion of correct attribution and other information mandated by license along pieces of content when they are used.

5. Limitations on Use. As a posting or retrieving user of the Zemanta service there are certain limitations on your rights to use the results of this service. Specifically:

* If you syndicate, publish or otherwise transmit any content containing, enhanced by or derived from Zemanta-generated metadata and content enhancements you will use you best efforts to incorporate the correct Zemanta-provided credits in the post of the content. You specifically agree not to attach credits to your content with any intent to mislead, spam, spoof, phish or otherwise deceive downstream consumers of your content.
* You will not use any metadata and content enhancements or RIDs produced by Zemanta to create a metadata and content enhancements retrieval service similar to Zemanta. To ensure the quality of metadata and content enhancements for all Zemanta users we want to maintain a single verifiable metadata and content enhancements storage location.
* You won't resell the service as is or as a part of other service.
* You won't do bulk processing where you are adding minimal value beyond adding Zemanta metadata and content enhancements to the content. For example – if you're a webcrawler you shouldn't send everything to Zemanta before sending it to your users or into your index
* If you are an ISP or other provider of Internet connectivity you cannot use Zemanta in conjunction with any effort to track, monitor or analyze user behavior in any manner.
* Any use in conjunction with deep packet inspection or similar monitoring technologies is specifically prohibited.
* Zemanta allows you to post 1000 requests per day. For limit to be risen to 10.000 requests per day you need to email Zemanta at support@zemanta.com. You won't employ any techniques to avoid these limitations.

6. Service Termination. Without limiting any of the above representations or warranties, Zemanta ltd. has the right (though not the obligation) to, in Zemanta ltd. sole discretion (i) refuse to provide the Zemanta service to you, if it in Zemanta ltd. reasonable opinion, violates any Zemanta policy or is in any way harmful or objectionable, or (ii) immediately terminate or deny access to and use of the Zemanta service to any individual or entity for any reason, in Zemanta ltd. sole discretion.

7. Copyright Infringement. If you believe that material located on or linked to by the Zemanta service violates your copyright, you are encouraged to notify Zemanta ltd.. Zemanta ltd. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Zemanta ltd. or others, Zemanta ltd. may, in its discretion, terminate or deny access to and use of the Zemanta service.

8. Intellectual Property. This Agreement does not transfer from Zemanta ltd. to you any Zemanta ltd. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Zemanta ltd.. Zemanta, www.zemanta.com, the Zemanta logo, and all other trademarks, service marks, graphics and logos used in connection with the Zemanta service, or the Website are trademarks or registered trademarks of Zemanta ltd.. Other trademarks, service marks, graphics and logos used in connection with the service 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 Zemanta ltd. or third-party trademarks.

9. Changes. Zemanta ltd. 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 Zemanta service following the posting of any changes to this Agreement constitutes acceptance of those changes. Zemanta ltd. may also, in the future, offer new services and/or features through the service or 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.

10. Termination. Zemanta ltd. may terminate your access to all or any part of the Zemanta service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply cease utilizing the service. 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.

11. Disclaimer of Warranties. The Zemanta service is provided "as is." Zemanta ltd. 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 Zemanta ltd. nor its suppliers and licensors makes any warranty that the Zemanta service will be error free or that access thereto will be continuous or uninterrupted.

12. Limitation of Liability. In no event will Zemanta ltd., 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. Zemanta ltd. shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. General Representation and Warranty. You represent and warrant that (i) your use of the Zemanta service will be in strict accordance with the Zemanta and Zemanta ltd. Privacy Policy, 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 country in which you reside) and (ii) your use of the Zemanta service will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification. You agree to indemnify and hold harmless Zemanta ltd., 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 Zemanta service, including but not limited to out of your violation this Agreement.

15. Miscellaneous. This Agreement constitutes the entire agreement between Zemanta ltd. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Zemanta ltd., or by the posting by Zemanta ltd. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Zemanta service will be governed by the laws of the United Kingdom, 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 courts located in London, United Kingdom. Zemanta ltd. may assign its rights under this Agreement without condition. You may not. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

We based these Terms of Service on those released by Automattic and Reuters under a Creative Commons Sharealike license. Thanks for sharing.

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