To put it plain English
3TEND's service allows anyone to publish an article on its website. Authors are obliged to have an original content which is not available anywhere else on the Internet. Authors benefit from the ability to link to third-party websites from the article's content and from the Related Links section. Moreover, Authors can define their own ads that will be displayed on their Pages with 3TEND's ads appearing every third time.
And now the legal language...
1. ACCEPTANCE OF TERMS
These terms and conditions ("Terms") govern the use of the 3TEND website (the "Website" or "Service") and all related services provided by 3TEND.com and constitute an agreement between you ("You") and 3TEND.com ("3TEND"). Your use of the Service, including any new services or functionalities that may be made available by 3TEND from time to time, is conditioned upon Your acceptance of and continued adherence to these Terms. 3TEND reserves the right to alter or revise these Terms at any time by notifying you as provided in these Terms, provided that no notice shall be required for non-substantive changes to the Terms. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service indicates Your acceptance of any and all revised Terms. 3TEND reserves the right to suspend or terminate Your account at any time or discontinue Your access to the Service or remove your pages for any reason.
2. DEFINITIONS AND SERVICE DESCRIPTION
- "Author" - A person that creates an account on the Service.
- "Author Content" - Any content (including Pages) that Authors post on the Service
3TEND provides Authors with an easy to use tool for creating articles/pages. The Service hosts and serves the Pages to users of the Service ("Users"). 3TEND will program portions of the Pages created by Authors with information related to other Pages on the Service. Users can read, share, send Pages via email, subscribe to RSS feed, and search for Pages, as may be permitted by the features and functions of the Service.
The Service is manually screen by Editors and Authors who don't meet certain criteria as defined by 3TEND (quality of Pages) will be removed from the Service.
3. PERMITTED USES
You must register with 3TEND and create an Author account (including selecting a pen name for Your Account) in order to create a Page. 3TEND, in its sole discretion and at any time, may change, remove, reclaim, and/or reassign the pen name associated with Your Author account (this potentially includes but is not limited to a trademark owner complaining about a pen name that does not closely resemble Your real name). Your Author account gives You access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You are responsible for any and all activities occurring or content that is posted under Your account. If You discover any unauthorized activity under Your account, please alert 3TEND immediately, by sending an email alert to team@3TEND.com.
- You must do Your best to create high quality Pages.
- You are solely responsible for content of your Pages.
- You must follow specific guidelines for publishing Pages, including the content structure.
- You must have permission to use third party content from the content owners, images included.
By giving us Your email address, You grant us permission to send communications from 3TEND, such as account creation confirmations, service announcements, administrative messages, and any of the opt-in 3TEND newsletters. You may opt out of certain email communications from 3TEND by following the instructions on the email. You may not opt out of Service-related messages.
4. RESTRICTIONS AND PROHIBITIONS ON USE
In Your use of the Service You must abide by the following restrictions and prohibitions on use. As a Service User or Author, You may Not:
- Publish Pages that include any content or links that are pornographic, defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, promotes any act of cruelty to animals, or is otherwise offensive.
- Publish Pages targeted at children under the age of 13.
- Use 3TEND to violate any Federal, state or local laws. Your Pages must comply with all laws regarding online conduct and acceptable content.
- Hack the Service or modify any Pages that are not Your own.
- Link to any worms or viruses or any code of a destructive nature.
- Link to pages or sites that are unrelated to the topic and content of Your Pages.
- Publish Pages or Content in breach of a confidentiality or fiduciary obligation You may have.
- Attempt to automatically redirect Service users to other domains, mislead users of the origins of the Page Content contained in Your Page, or use Your Pages as storage for remote loading or a door or signpost to a website outside of the Service.
- Impersonate another person, Author, entity, or any representative or employee of 3TEND.
- Disrupt the 3TEND Service, or any servers by embedding code in the Pages or otherwise attacking the Service.
- Publish Pages or Content for any illegal activities or to promote or make solicitations for any illegal or unauthorized activity.
- Spam any User or mass email any User in an automated fashion.
- Collect personal identifiable information about the Users of Your Pages and sell or transfer that information.
- Use any automatic or manual process to harvest email addresses or other information from the Service.
- Harass, threaten or intimidate Authors or others who use the Service.
- Publish Pages or Content written primarily in a language other than English.
- Display misleading tags, categorizations, and/or titles that don't match the Page's content, including irrelevant or excessive tagging.
- Engage in behavior that is overly promotional, including excessive linking to any one site or domain.
- Spam to promote your Pages.
- Use automation tools to create 3TEND Accounts or Pages. This includes, but is not limited to, article spinner software, blog and comment blasters, and similar software and online tools and services.
- Publish Pages that are identical to, substantially similar to, or derived from other Pages and/or content published elsewhere on the Web. This applies even if You are the owner of that content and/or have the rights to publish that content online.
5. DISCONTINUATION OR MODIFICATION OF THE SERVICE
3TEND reserves the right to modify or discontinue, temporarily or permanently, the Service or any portion thereof at any time, without liability to You or any third party. In addition, 3TEND, in its sole discretion, may terminate Your account or use of or access to the Service, and remove and delete any Pages for any reason.
6. PROPRIETARY RIGHTS; CONTENT OWNERSHIP
The Service and any software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by 3TEND or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. The copying, redistribution, use or publication by You of any such matters or any part of the Service, except as expressly allowed herein or via distribution tools such as RSS feeds and widgets, is strictly prohibited. 3TEND may at any point make additional software and tools available to Authors in connection with the Service ("Additional Software"). Authors who incorporate such Additional Software into their Pages may have to agree to additional terms and conditions before using such software, and all rules and obligations outlined in these Terms apply to the ownership and use of such Additional Software.
3TEND does not claim ownership of Your Content or Author Content. Such content will be owned by You or a third party from whom You got permission to post the content. By posting Content on the Service, You grant 3TEND a worldwide, royalty-free, and non-exclusive license, for as long as Your Page is displayed on 3TEND and for a commercially reasonable time thereafter, to reproduce, publicly display, publicly perform, distribute, modify, adapt and publish the Page Content solely for the purpose of displaying, distributing and promoting Your Page on or in connection with the Service. By posting Author Content on the Service, You grant 3TEND a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to reproduce, publicly display, publicly perform, distribute, modify, adapt and publish the Author Content on or in connection with the Service. You may remove Your Pages from the Service at your discretion. 3TEND may preserve and store Pages and may disclose such content if required to do so by law or if 3TEND believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms; (c) respond to claims that any Page violates the rights of third parties; or (d) protect the rights, property, or personal safety of 3TEND, its users and the public.
The Author, and not 3TEND, will be fully responsible for all Page Content that is uploaded, posted, transmitted or otherwise made available by the Author on the Service. 3TEND cannot guarantee the accuracy, integrity or quality of User Content. 3TEND does not pre-screen User Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content for any reason, including Content that may violate these Terms, or that is otherwise objectionable. 3TEND also cannot take responsibility for anything that Your Page users may do in reliance on the Page Content You post on Your Pages.
7. TRADEMARKS AND SERVICE MARKS
"3TEND," is a 3TEND service mark or trademark and protected by applicable laws. Other product and company names mentioned on the Service may be the trademarks of their respective owners.
8. LINKS TO THIRD PARTY WEBSITES
Your Page and the Service may include links to other sites or resources over which 3TEND has no control or responsibility. 3TEND does not monitor, investigate or check these sites for accuracy or completeness. As a result, 3TEND is not responsible for the content or advertising on such sites, products or other materials which they may provide, such sites' availability, or any damages caused or alleged to be caused in connection with such external websites. All such external websites included as links in Your Pages or accessed by You via the Service is done at Your own risk and with Your own liability. The Author is responsible for what links he or she elects to put in his or her Pages.
9. EARNING MONEY THROUGH 3TEND
3TEND offers Authors the ability to use their own ad code and earn money from page views and clicks on ads. The easiest way to setup this is by creating a Google AdSense account and then paste the code for banners (three different sizes) into appropriate boxes. 3TEND allows Authors to define 3 banner sizes -- 468x60, 728x90 and 300x250 pixels -- all of which will be visible on their Pages. 3TEND makes its money by showing its own ads every third time - 3TEND site visitors will see Author ads 2 times and then the one provided by 3TEND the next time they visit the site. Authors' ads are displayed on their respective Pages, as well as on Author's own page (from where site visitors can browse Author's articles). On other site pages, 3TEND displays its own ads or ads by other Authors in the same fashion (3TEND will show its own ads on every third site visit). That said, 3TEND does NOT pay its Authors - rather, it's ad network(s) which Authors choose to participate in and then show ads on their Pages at 3TEND. For all payment-related issues, Authors should contact their Ad network(s) and can't hold 3TEND responsible in any way. 3TEND will provide Authors with basic information on the visits to their Pages -- accessible from the "My Articles" link.
Additionally, Authors are able to use affiliate links in their Pages and in the "Related Links" section which is places below every article. 3TEND isn't responsible for the relation between Authors and merchants providing the affiliate program. 3TEND, will, however react when Authors post un-related links or try to mis-use the system in any way. Authors can place up to three (3) links in their articles.
10. DISCLOSURE OF MATERIAL CONNECTION
(a) 3TEND may have a marketing or affiliate connection to products or services linked-to or otherwise made available on the Service. Through the use of advertising, marketing or affiliate links contained on the Service, 3TEND may collect fees from transactions conducted or purchases made.
(b) If an Author endorses any products or services on the Service for which there is a connection that might materially affect the weight or credibility of the endorsement (i.e., the connection is not reasonably expected by the audience), You must fully disclose the connection.
You agree to indemnify, defend and hold 3TEND and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms or use of the Service.
THE SERVICE IS PROVIDED "AS IS", "AS AVAILABLE", WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. 3TEND MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE..
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT 3TEND WILL 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PAGES, CONTENT TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE. 3TEND ALSO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE PROVISIONS OF THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3TEND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL 3TEND, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO 3TEND HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF 3TEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in Serbia while servers are located in the United States. 3TEND makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations.
3TEND has implemented commercially reasonable technical and organizational measures designed to secure Authors' personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, 3TEND cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Authors' personal information for improper purposes. Authors acknowledge that they provide personal information at their own risk.
16. THIRD-PARTY LINKS
Both 3TEND and Authors may be participants in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
17. COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask you to do the same. If you believe that your content or other work has been copied in a way that constitutes copyright infringement, please contact us with the details.
3TEND will terminate an Author account if, under appropriate circumstances, Author is determined to be a repeat infringer of copyrights (or other intellectual property) of others.
18. GOVERNING LAW
These Terms will be governed by the laws of the Republic of Serbia without regard to its conflict of law provisions.
19. ENTIRE AGREEMENT
The failure of 3TEND to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 3TEND without restriction.
3TEND may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by 3TEND in our sole discretion. 3TEND reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. 3TEND is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add team@3TEND.com to your email address book to help ensure you receive email notifications from us.
23. DISPUTE RESOLUTION
If a dispute arises during your use of the Service or under these Terms, You agree to first inform us about it using our contact form.
For any claim (excluding claims for injunctive or other equitable relief) arising in whole or in part from the Service or these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
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