TOS (TERMS OF SERVICE)

INTRODUCTION

Before you begin using Blogworkx.com, you agree to be legally bound to these Blogworkx.com Terms of Service ("Terms of Service") and the following Terms and Conditions and Policies, including any future amendments made herein (collectively, the "Agreement"):

Although we may attempt to notify you when major changes are made to the Blogworkx.com Terms, you should periodically review the most up-to-date version (http://www.blogworkx.com/terms-of-service.php).

Blogworkx.com may, in its sole discretion, modify or revise these Terms of Service and Policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, do not use the Blogworkx.com Blog. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. DESCRIPTION OF SERVICE

Blogworkx.com is an online publishing Service that provides articles on various topics and may sell products and provides Services online. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Blogworkx.com disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Blogworkx.com also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you, "the user".

2. ACCEPTING THE TERMS

By actually using the Services, you understand and agree that Blogworkx.com will treat your use of the Service as acceptance of the Terms from that point onwards.

You may use the Services and may not accept the Terms if:

(a) You are of legal age to form a binding contract with Blogworkx.com, or

Example:

If you are in the United States you must be at least 13 years old.
If you are in India you must be at least 18 years old.

(b) You are not a person barred from receiving the Services under the laws of the United States or India or other countries including the country in which you are resident or from which you use the Services. Blogworkx.com reserves the right to refuse Service to anyone at any time without notice for any reason. Before you continue, we recommend you to print or save a local copy of the Terms for your records.

3. USE OF SERVICES

You shall agree that you are responsible for your own use of the Service, for any comments you post, and for any consequences thereof. You shall agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States and Indian export control laws.

Violation of the Blogworkx.com Terms of Service may result in immediate termination of this Agreement, and may subject you to legal consequences and penalties under the Indian Cyber Laws and Information Technology Act 2000 and other relevant laws in India. Blogworkx.com reserves the right, but shall have no obligation, to investigate your use of the Service in order to:

(a) Determine whether a violation of the Agreement has occurred or

(b) Comply with any applicable law, regulation, legal process or governmental request

Blogworkx.com may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Blogworkx.com.

Blogworkx.com does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorses any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.

You shall acknowledge and agree that Blogworkx.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Blogworkx.com's sole discretion, without prior notice to you. You may stop using the Services at any time. You need not specifically inform Blogworkx.com when you stop using the Services.

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You shall agree that any registration information you give to Blogworkx.com will always be accurate, correct and up to date.

You shall agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Blogworkx.com, unless you have been specifically allowed to do so in a separate agreement with Blogworkx.com.

You shall specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You shall agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLOGWORKX.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

BLOGWORKX.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

4. ACCOUNT AND SIGN UP

If Blogworkx.com decides to provide user accounts in its Blog for accessing certain features in the Blog, you shall agree to sign up only one account per person. You shall also agree that you are solely accountable and you shall do not hold Blogworkx.com responsible for any damages that occurred as a result of misuse/compromise of your account credentials (example: username, password etc.)

You shall agree to indemnify Blogworkx.com of any loss that results as a consequence of such circumstances. Blogworkx.com may at its sole discretion terminate user accounts, with or without prior notification to the account holder for the following reasons:

-The account holder has done multiple account signups
-The account has been involved in a security breach or
-For any other reason that it thinks fit to freeze/terminate the account

If Blogworkx.com offers affiliate commission/s or referral commission/s for products sold through the Blogworkx.com Blog, the referrer/s/affiliate/s will be entitled to such commission only if he holds a valid account in the Blogworkx.com site.

It is to be noted that affiliate sales can be tracked only if the end buyer uses the affiliate link provided properly without altering it, and uses compatible browsers (those which do not block cookies), or uses the proper affiliate tracking number provided for tracking such transactions.

5. PAYMENTS AND PROCESSING

When you buy products/services from us using credit cards or other payment gateways, we might store such information for the purpose of processing the orders, and for accounting purposes. Blogworkx.com shall not be liable for any discrepancies that occur on the third party payment gateways in processing payments for reasons beyond its control whether Blogworkx.com has been informed of such discrepancies previously or not.

You shall agree and acknowledge that you will not hold Blogworkx.com liable in such circumstances. All payments shall be processed in Indian rupees or in US dollars, but it is the decision of Blogworkx.com to use whichever currency it feels appropriate at the time of sale. Any payment made by you is totally non-refundable and you shall agree to this condition.

6. PRIVACY

As a condition of using the Service, you shall agree to the Terms of the Blogworkx.com Online Privacy Policy (http://www.Blogworkx.com/privacy.html), which may be updated from time to time, as expressed in the most recent version that exists at the time of your use.

You shall agree that Blogworkx.com may access or disclose your personal information, including the Content of your communications, if Blogworkx.com is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the general Blogworkx.com Online Privacy Policy.

Personal information collected by Blogworkx.com may be stored and processed in India or any other country in which Blogworkx Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

7. CONTENT OF THE SERVICE

Blogworkx.com takes no responsibility for third-party Content (including, without limitation, any viruses or other disabling features), nor does Blogworkx.com have any obligation to monitor such third-party Content. Blogworkx.com reserves the rights at all times to remove or refuse to distribute any Content on the Service, such as Content, which violates the Terms of this Agreement.

Blogworkx.com also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to:

(a) Satisfy any applicable law, regulation, legal process or governmental request
(b) Enforce this Agreement, including investigation of potential violations hereof
(c) Detect, prevents, or otherwise address fraud, security or technical issues
(d) Respond to user support requests, or
(e) Protect the rights, property or safety of Blogworkx.com, its users and the public

Blogworkx.com will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. You, "the user" should be aware that the Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors and or advertisers who provide that Content to Blogworkx.com (or by other persons or companies on their behalf).

You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically authorized that you may do so by Blogworkx.com or by Frost & Fable Records Private Limited, in a separate agreement.

8. BLOGWORKX.COM'S PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY RIGHTS

Blogworkx.com is owned and maintained by Frost & Fable Records Private Limited. You, "the user" acknowledge and agree that Blogworkx.com (or Frost & Fable Records Private Limited) own all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

You further acknowledge that the Services may contain information which is designated confidential by Blogworkx.com and that you shall not disclose such information without Blogworkx.com's prior written consent. Blogworkx.com's Rights are protected by Indian and International intellectual property laws. Accordingly, you shall agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

You shall also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any Content from the Service. As described immediately below, Blogworkx.com's Rights do not include third-party Content used as part of the Service, including the Content of communications appearing on the Service.

You shall agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Blogworkx.com, you shall agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. ADVERTISEMENTS

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the Content of information stored on the Services, queries made through the Services or other information. You shall acknowledge and agree that Blogworkx.com is not responsible for any opinions or statements expressed as part of the advertisement by Blogworkx.com. Blogworkx.com does not solicit the views expressed by the advertisers in respect of any products or services advertised.

The owners of Blogworkx.com are not responsible for the views expressed in the advertisements, whether they have any business connection with the advertisers or not. The manner, mode and extent of advertising by Blogworkx.com on the Services are subject to change without specific notice to you, "the user".

In consideration for Blogworkx.com granting you access to and use of the Services, you agree that Blogworkx.com may place such advertising on the Services. Any prices for the products or services displayed by the Advertisers are subject to change without prior notice and Blogworkx.com shall not be responsible for such changes.

Users are requested to use their own judgment in availing such services or using such products advertised. You shall acknowledge and agree that Blogworkx.com is not liable for any loss or damage which may be incurred by you as a result of buying these products or availing such services.

10. OTHER CONTENT

The Services may include hyperlinks to other web sites or Content or resources. Blogworkx.com may have no control over any websites or resources that are provided by companies or persons other than Blogworkx.com. You shall acknowledge and agree that Blogworkx.com is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products or other materials on or available from such websites or resources.

You shall acknowledge and agree that Blogworkx.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

11. NO RESALE OF THE SERVICE

Unless expressly authorized in writing by Blogworkx.com, you shall agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes:

(a) Any portion of the Service
(b) Use of the Service, or
(c) Access to the Service

12. PUBLICITY

Any use of Blogworkx.com's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "Blogworkx.com," "Blogworkx.com," must be in compliance with this Agreement and in compliance with Blogworkx.com's current Brand Features.

13. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

(a) All of the information provided by you to Blogworkx.com to participate in the Service is correct and current; and
(b) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder

14. INDEMNIFICATION

You shall agree to hold harmless and indemnify Blogworkx.com, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Blogworkx.com will provide you with written notice of such claim, suit or action.

15. WAIVER AND SEVERABILITY OF TERMS

The failure of Blogworkx.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties shall nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the Terms of Service remain in full force and effect.

16. STATUTE OF LIMITATIONS

You shall agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to the use of Blogworkx.com services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. CHOICE OF LAW; JURISDICTION; FORUM

In the event of any dispute or difference arising between the parties hereto or as to the rights and obligations under this agreement or as to any claim, monetary or otherwise of one party against the other or as to the Interpretation and effect of any Terms and Conditions of this Agreement, such dispute or difference shall be referred to arbitration of a common Arbitrator if agreed upon or otherwise to two Arbitrators, one to be appointed by each of the parties to this Agreement and such Arbitration shall be governed by the Indian Arbitration & Conciliation Act, 1996.

The venue for such Arbitration shall be in Chennai, in India. The validity of this Agreement and effect or meaning of the Terms hereof will be decided according to the Indian Law and all disputes would be subject to the Chennai Jurisdiction only and you shall consent to arbitration procedures mentioned and the jurisdiction of such courts.

18. COPYRIGHT INFORMATION

It is our policy to respond to notices of alleged infringement that comply with the US Digital Millennium Copyright Act and the Indian Copyright Act, 1957. If you believe that your copyright has been infringed on the Service, please contact us for information on how to file or respond to a notice of infringement.

19. LIMITATION OF LIABILITY

YOU SHALL EXPRESSLY UNDERSTAND AND AGREE THAT BLOGWORKX.COM, ITS SUBSIDIARIES AND AFFILIATES AND ITS LICENSERS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH BLOGWORKX.COM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; THE LIMITATIONS ON BLOGWORKX.COM'S LIABILITY TO YOU MENTIONED ABOVE SHALL APPLY WHETHER OR NOT BLOGWORKX.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

20. CONTACT

If you have any additional questions or concerns about these Terms, please feel free to contact us at legal@blogworkx.com or at:

REGISTERED COMPANY ADDRESS

Frost & Fable Records Private Limited

The Opal Orchard, Plot No. R - 41,
Flat No.2, Ground Floor,
Golden Colony, Mogappair,
Pincode: 600-050,
City: Chennai,
State: Tamilnadu,
Country: India.

Telephone: 0091 - 44 - 42846101
Facsimile : 0091 - 44 - 42846101