Home BlogPulse™ Terms of Use The BlogPulse.com website ("BlogPulse" or "Service") is an online automated trend discovery system for blogs, and an online information and search service focused on the rapidly expanding blogosphere. BlogPulse is a service of Nielsen BuzzMetrics, Inc. BlogPulse applies Nielsen BuzzMetrics’s machine-learning and natural-language processing techniques to discover trends and identify information in the highly dynamic world of blogs.
BlogPulse is offered to You subject to Your acceptance of and compliance with these terms and conditions as stated herein (the "Agreement"), which may be updated from time to notice without notice to You. By accessing or using the Service, You agree to be bound by the terms and conditions of this Agreement. If You do not agree to be bound by these terms and conditions, You may not access or use the Service. As used in this Agreement "We", "Us" or "Our" refers collectively to Nielsen BuzzMetrics, and "You" refers to You, the user of the Service.
Usage Rules
1. Personal, Non-Commercial Use Only
BlogPulse is made available for Your personal, non-commercial use only, subject to the terms and conditions of this Agreement. You may not use BlogPulse for any illegal purpose or in any manner inconsistent with, or prohibited by, this Agreement. We reserve the right to deny You access to any part of the Service at Our sole discretion.
2. Permitted Use of RSS Feeds
BlogPulse’s RSS feeds (including, but not limited, to "Top Links", "Key People", "Key Phrases", "BlogBites", "BlogPulse Newswire", and all RSS-delivered search results) are provided free of charge for personal, non-commercial use by individuals in a news reader or as part of a non-commercial website or blog. We ask that You provide attribution to Nielsen BuzzMetrics’s BlogPulse.com in connection with Your permitted use of the feeds, as well as a link to Our website (http://www.blogpulse.com/). We reserve all rights in and to the Nielsen BuzzMetrics and BlogPulse names and logos, and Your right to use the names is limited to providing attribution in connection with these RSS feeds. BlogPulse also reserves the right to require You to cease distributing these RSS feeds at any time for any reason.
3. Permitted Use of "Trend Search" Graphs
You may reproduce an entire BlogPulse "Trend Search" graph only in its entirety (including any copyright, trademarks and watermarks that may be present in the graph / picture). We ask that You provide in the accompanying text, or in an explanatory cutline, the appropriate attribution to Nielsen BuzzMetrics’s BlogPulse.com in connection with Your permitted use of the graph/picture, as well as a link to our website (http://www.blogpulse.com/). We reserve all rights in and to the Nielsen BuzzMetrics and BlogPulse names and logos, and Your right to use the names is limited to providing attribution in connection with the graph. BlogPulse also reserves the right to require You to cease distributing Trend Search graphs at any time for any reason.
4. Permission Required for Use of Any Other BlogPulse Content
Permission to reprint or electronically reproduce any other document, content, or graphic, in whole or in part, for any other purpose is expressly prohibited, unless Nielsen BuzzMetrics’s prior written consent is obtained. For example, You may not take the results from a BlogPulse search and reformat and display them on a commercial website, or mirror the BlogPulse website (including its results pages, or any other pages) on Your website, unless Nielsen BuzzMetrics’s prior written consent is obtained. Please Contact Us for more information.
5. Meta-Searching and Automated Queries Prohibited
You may not "meta-search" BlogPulse or send automated queries of any sort to BlogPulse, unless Nielsen BuzzMetrics’s prior written consent is obtained. Sending "automated queries" includes, among other things, using any software which sends queries to BlogPulse (for example, to determine how a blog "ranks" for various queries) or performing "offline" searches on BlogPulse). Please Contact Us for more information.
6. Commercial Use Prohibited
You may not use BlogPulse (including its RSS feeds and Trend Search graphs) to sell a product or service, or to increase traffic to Your website for commercial reasons, such as advertising sales. If You want to make any commercial use of the Service, including its RSS feeds and Trend Search graphs, You must enter into an agreement with Nielsen BuzzMetrics to do so in advance. Please Contact Us for more information.
Third-Party Links
The Service may contains links to websites operated by other parties. The links are provided for Your convenience only. Neither We nor Our suppliers control such websites and We are not responsible for the content and performance of these sites or for Your transactions with them. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. This Service does not in any way operate, control or endorse any information, products or services provided by third parties through the Internet.
Disclaimer of Warranties
Nielsen BuzzMetrics disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the BlogPulse results or elsewhere on BlogPulse. Nielsen BuzzMetrics further disclaims any responsibility for the deletion, failure to store, or untimely delivery of any information or material, or for any harm resulting from downloading or accessing any information or material on the Internet through BlogPulse.
THE BLOGPULSE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN BLOGPULSE, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. NIELSEN BUZZMETRICS AND ITS LICENSORS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, (1) ALL EXPRESS, IMPLIED, AND/OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; (2) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND/OR PERFORMANCE OF BLOGPULSE; (3) ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH BLOGPULSE.; (4) ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON BLOGPULSE OR RECEIVED THROUGH ANY LINKS PROVIDED BY BLOGPULSE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN BLOGPULSE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF BLOGPULSE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL NIELSEN BUZZMETRICS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON BLOGPULSE, OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NIELSEN BUZZMETRICS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON BLOGPULSE, FROM INABILITY TO USE BLOGPULSE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BLOGPULSE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON BLOGPULSE OR RECEIVED THROUGH ANY LINKS PROVIDED IN BLOGPULSE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED BLOGPULSE OR RECEIVED THROUGH ANY LINKS PROVIDED IN BLOGPULSE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF BLOGPULSE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BLOGPULSE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Changes to BlogPulse or Terms of this Agreement
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Nielsen BuzzMetrics shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. We also reserve the right to modify the terms and conditions of this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement to BlogPulse. You agree to review this Agreement periodically to be aware of such modifications and Your continued access or use of the Service shall be deemed Your conclusive acceptance of the modified Agreement. You agree that these standards for notice of changes are reasonable.
Non-waiver and Severability
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and enforce it to the maximum extent permissible , and the other provisions of this Agreement shall remain in full force and effect.
Indemnification
You agree to indemnify, defend and hold Us (including our directors, officers, management, employees, consultants, and agents) harmless from any claims and expenses, including attorneys’ fees, arising from or related to any breach by You of any terms of this Agreement.
Ohio Law and Forum and One Year Statute of Limitations
This Agreement shall all be governed and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be performed in Ohio. You agree that any legal action or proceeding between Us and You for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Cincinnati, Ohio, and You agree to the personal jurisdiction of such courts. In addition, any cause of action or claim You may have with respect to the Service or this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. In any dispute between Us and You relating to this Service, We shall be entitled to attorneys’ fees, costs and expenses.
Entire Agreement
This Agreement, and any other more specific terms and conditions of service posted on http://www.blogpulse.com, constitute the entire agreement between You and Us and govern Your use of the Service.
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