ThinkPeg - Blog Utah!

General Terms and Conditions of Service of the portal "ThinkPeg" (ThinkPeg - Blog Utah!)

• § 1 Scope of General Terms
  The following ThinkPeg - Blog Utah! General Terms and Conditions of Service ("GTS") regulate the legal relationship between ThinkPeg - Blog Utah! and all users ("Users" and the term "User" shall be construed accordingly) of ThinkPeg - Blog Utah!’s internet platform at nimbleit.21publish.com ("the ThinkPeg - Blog Utah! Platform") and the other services provided by ThinkPeg - Blog Utah! on the ThinkPeg - Blog Utah! Platform ("the ThinkPeg - Blog Utah! Services").
  
• § 2 Changes in the Service
  ThinkPeg - Blog Utah! may amend the GTS and the Special Terms of Use from time to time in the future. Users will be deemed to have accepted the amended terms of the GTS and the Special Terms of Use by making any use of the ThinkPeg - Blog Utah! Platform or the ThinkPeg - Blog Utah! Services after the GTS or Special Terms of Use have been amended. The most current version of the GTS can be reviewed at any time on http://nimbleit.21publish.com/ and we suggest that you regularly monitor the GTS and the Special Terms of Use for any changes.
  
• § 3 Description of Service
  
  • (1) ThinkPeg - Blog Utah! offers Users an internet platform, based on ThinkPeg - Blog Utah! technology, on which Users can create and place their own special homepages within the ThinkPeg - Blog Utah! Platform ("Weblogs"). The creation and placement of digital content on Weblogs is achieved through use of a web, a mobile device or other technical input paths of the User.
  • (2) Users may request that Weblogs created by the User may be placed in different subject areas, interest categories or clubs on the ThinkPeg - Blog Utah! Platform in such a way that Weblogs may be searched or sorted for subjects or other information or that Weblogs may be linked to from within the ThinkPeg - Blog Utah! Platform though ThinkPeg - Blog Utah! shall not obliged to do so.
  • (3) ThinkPeg - Blog Utah! may put banner advertisements on Users’ Weblogs without reference to the User.
  • (4) On some pages of the ThinkPeg - Blog Utah! Platform Users may be informed of the opportunity to enter into agreements with third parties. ThinkPeg - Blog Utah! is not liable in relation to, and takes no responsibility for, any contract entered into by Users with any third party.
  
• § 4 Prerequisites of Use
  
  • (1) The ThinkPeg - Blog Utah! Services may only be used by Users who:
    
    • a. have completed the ThinkPeg - Blog Utah! registration form ("the Registration Form") and been subsequently accepted by ThinkPeg - Blog Utah!;
    • b. have an email account acceptable to ThinkPeg - Blog Utah!; and
    • c. are 14 years old or over although ThinkPeg - Blog Utah! retains the right to set different age restrictions depending on the nature of the ThinkPeg - Blog Utah! Service requested.
  • (2) The User that completes the Registration Form and confirms that the information given on the Registration Form is complete and correct.
  • (3) ThinkPeg - Blog Utah! retains the right to refuse registration to any User without giving reasons.
  • (4) The User shall notify ThinkPeg - Blog Utah! without delay of any and all changes to the information on the Registration Form.
  • (5) If the User provides any information that is untrue, inaccurate, not current or incomplete or ThinkPeg - Blog Utah! has reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete, ThinkPeg - Blog Utah! has the right to suspend or terminate the User's account and refuse any and all current or future use of the ThinkPeg - Blog Utah! Services or any part hereof by the User.
  • (6) The User understands and agrees that the provision of the ThinkPeg - Blog Utah! Services may involve ThinkPeg - Blog Utah! sending the User certain communications from ThinkPeg - Blog Utah! such as service announcements and administrative messages and that these communications are considered part of the ThinkPeg - Blog Utah! Services and that the User will not be able to opt out of receiving them.
  
• § 5 Duties Arising from Contract
  
  • (1) Users may open one or more user accounts in their own name. However, ThinkPeg - Blog Utah! retains the right to limit the number of accounts and Weblogs per User at its discretion. The abusive use of several User accounts, especially in rating and commenting on entries within the range of the evaluation system, is prohibited and will lead to termination of all of the User’s ThinkPeg - Blog Utah! Services.
  • (2) Users undertake to protect access to ThinkPeg - Blog Utah! Services from unauthorised use by third parties. The User’s login name and password ("Access Data") must not be distributed to third parties. Users are liable for any damages arising from the unauthorised use of their Access Data and the subsequent use of ThinkPeg - Blog Utah! Services. When the User is notified that their Access Data has been divulged to third parties, they are obliged to change their password. If this is not possible the User must notify ThinkPeg - Blog Utah! immediately.
  • (3) The User shall provide ThinkPeg - Blog Utah! with a current email address via which the User is always contactable ("the User’s Authorised Email Address"). ThinkPeg - Blog Utah! will not accept any instructions from the User unless they are sent from the User’s Authorised Email Address. Users must immediately inform ThinkPeg - Blog Utah! of any change to the User’s Authorised Email Address.
  
• § 6 Reservation of Alterations
  The ThinkPeg - Blog Utah! Platform and all ThinkPeg - Blog Utah! Services are provided without any assurance of reliability or quality. ThinkPeg - Blog Utah! retains the right to alter, remove or cease providing any or all of the ThinkPeg - Blog Utah! Platform and the ThinkPeg - Blog Utah! Services at any time without giving reasons. The User acknowledges and agrees that ThinkPeg - Blog Utah! shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the ThinkPeg - Blog Utah! Platform and/or any of the ThinkPeg - Blog Utah! Services.
  
• § 7 Use of Weblogs and Communities
  
  • (1) Users understand and accept that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials whether publicly posted or privately transmitted is the sole responsibility of the person from which such content originated and that the User, and not ThinkPeg - Blog Utah!, are entirely responsible for all such content that the User uploads, posts or otherwise transmits via the ThinkPeg - Blog Utah! Service.
  • (2) Users undertake that all Weblogs and any bulletin board services, chat rooms, newsgroups, forums, communities and or news and communication services contained in or accessed through the ThinkPeg - Blog Utah! Platform (together "Communities") may only be used by the User to publish, send or receive material that is appropriate and related to the Community in question. Users warrant and undertake that, when using a Weblog, the ThinkPeg - Blog Utah! Platform, the ThinkPeg - Blog Utah! Services or any Communities, they will not:
    • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    • harm minors in any way; impersonate any person or entity, including, but not limited to, a 21Publish official, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the service;
    • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    • upload, post, email, transmit, promote, implement, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes;" sites with inappropriate links, titles or descriptions (spam blogs); or any other form of solicitation,
    • spam or conduct unethical marketing activities such as, but not limited to, relaying email from a third party's mail servers without the permission of that third party, using "robots" or otherwise harvesting other's email addresses from the 21Publish’s site for purposes of sending unsolicited or unauthorized material (violations of the 21Publish spamming policy will result in legal action against you and the termination, without notice, of 21Publish’s services for you, and if your actions cause one of 21Publish mail relays to be placed on blackhole lists or other mail filtering software systems used by companies on the internet, you will be assessed a