Terms | Blogingrace

Last Updated: December 18, 2024

The most recent update to the Terms of Service on December 18, 2024 introduces a standard Amendment for Government Users (1.B.i and 1.B.ii) to allow government agencies to sign up for blogingrace accounts. No other changes were made.

Welcome to blogingrace Social, a social networking application provided by blogingrace! We're excited to have you on board as a user. blogingrace Social runs on the Authenticated Transfer Protocol ("AT Protocol"), a decentralized social networking protocol that supports many different kinds of services. These Terms of Service apply to the blogingrace Social service.

Before you dive into using blogingrace Social, please take a moment to carefully read these Terms. This document outlines our legal obligations to each other and they apply to your use of our services.

blogingrace Social is available as a desktop application at blogingrace.com and (each a “Site”) and a mobile application (“blogingrace App” or “the App”). Your use of blogingrace Social is subject to these Terms of Service (“Terms”), as well as the blogingrace Social Community Guidelines and blogingrace Social Privacy Policy, which are referenced in our Terms and available to read separately.

These terms only apply to social networking that happens on blogingrace Social services, including the Sites and blogingrace App. If you’re using another social networking application on the AT Protocol that isn’t blogingrace Social (we call this a “Developer Application”), the developers of the other service will provide the terms and conditions that govern your experience.

When we say “blogingrace,” “we,” “us,” and “our” in these Terms, we mean blogingrace, PBC.

Important Note: These Terms contain an agreement to resolve most disputes between us through arbitration (instead of suing in court) and to waive jury trials and class actions. Please read Sections 14 and 15 carefully.

In some cases below, we’ve added some summary text in italics to make these Terms easier to navigate, but please remember that the full text of these Terms is the most important.

Table of Contents

Who Can Use blogingrace Social?.

Eligibility. To use blogingrace Social, you must be at least 13 years old and legally permitted to use blogingrace Social based on the laws in your country. If you are not yet an adult according to the laws of your country, your parent or legal guardian must read these Terms on your behalf. If you’re a parent or legal guardian, and you allow your child (who meets the minimum age for your country) to use the services, then these terms also apply to you, and you’re responsible for your child’s activity on the services.
Accounts. To use blogingrace Social, you must create an account (“Account”). Don’t share your Account with others, because you’re responsible for all activities under your Account, whether or not you know about them. If you’re using blogingrace Social on behalf of a company or organization, you confirm that you have the authority to represent your company or organization. If you believe your Account created through blogingrace Social has been compromised, report it to us at support@blogingrace.com.
1. If you are a US government entity or official who wishes to use blogingrace Social for your official government use, then please see the Terms of Service Amendment for Government Users .
2. If you are a government entity or official located outside of the United States who wishes to use blogingrace Social for your official government use, but are unable to do so because the Terms are incompatible with applicable laws, please contact us at legal-requests@blogingraceweb.xyz.

User Content.
1. Use User Content to develop, provide, and improve blogingrace Social, the AT Protocol, and any of our future offerings. For example, we can store and present User Content to other users in blogingrace Social. This allows us to show your posts in the blogingrace app to other users;
2. Modify or otherwise utilize User Content in any media. This includes reproducing, preparing derivative works, distributing, performing, and displaying your User Content. For example, we can resize your posts to fit the blogingrace mobile or desktop app, or feature examples of User Content for promotional purposes; or
3. Grant others the right to take the actions above. For example, we can grant content moderation tools access to User Content in order to monitor blogingrace Social;
4. Remove or modify User Content for any reason, including User Content that we believe violates these Terms, the blogingrace Social Community Guidelines, or other policies.

User Content. “User Content” means any type of content you make available on blogingrace Social (“Content”), such as your posts, profile, photos, direct messages, or links.
Your Responsibility for User Content. You, not blogingrace, are solely responsible for all of your User Content. blogingrace does not control others’ use of your content.
blogingrace’s Use of User Content: User Content is only used only in connection with: (a) providing blogingrace Social and Content, including by sharing User Content throughout blogingrace Social and the AT Protocol as well as developing and improving our current and future offerings; and (b) promoting and marketing blogingrace and blogingrace Social.
blogingrace’s Permission to Use Your User Content. You keep your ownership of User Content, subject to the license below. blogingrace does not own rights to your User Content except as provided in that license. By sharing User Content through blogingrace Social, you grant us permission to:
The license is limited, worldwide, non-exclusive, and royalty-free.
Deletion of User Content: If you delete your account we will use reasonable efforts to remove it from blogingrace Social, subject to any requirements under applicable law and the blogingrace Social Privacy Policy. Given the design of the open network, it is not guaranteed that blogingrace will be able to do so comprehensively. If users have generated User Content on other services provided by the AT Protocol, blogingrace Social is not responsible for that content, and users must request removal from the other service(s).

General Prohibitions and Enforcement.

General Prohibitions. We want users to enjoy blogingrace Social, so we have created a set of blogingrace Social Community Guidelines that users must follow when using the service. You must not do, try to do, or encourage others to do, any of the behaviors prohibited by the blogingrace Social Community Guidelines. We encourage you to report violations of these Terms, the blogingrace Social Privacy Policy, or the blogingrace Social Community Guidelines by using in-app reporting features or the in-app feedback form.

Termination.
1. We believe you’ve violated these Terms, the blogingrace Social Privacy Policy, the blogingrace Social Copyright Policy, or the blogingrace Social Community Guidelines;
2. We’re required to do so due to a court order, legal requirement, or regulatory requirement;
3. Continuing to allow your account to be active, giving you access to some or all services, or hosting your content creates risk for blogingrace, other users, or third parties.

Your Right to Termination: If you want to delete your Account, you can do so through your account settings. If your account was terminated by blogingrace Social, we retain the right to keep a copy of your data for trust and safety purposes. These Terms will survive termination of your Account.
Our Right to Termination: We reserve the right to suspend or terminate your account and/or specific services offered within blogingrace Social without notice, at our discretion, for the following reasons:

Appeals. You can appeal any enforcement decision from these Terms, including suspension or termination, by emailing moderation@blogingraceweb.xyz.
Terms Required by the App Store and Google Play.
The App Store and Google Play require us to pass on certain terms to you. The following terms apply if you access or download the blogingrace App through the App Store or Google Play (each, an “

App Provider

”):

These Terms are between you and blogingrace, and not with the App Provider, and blogingrace is solely responsible for the blogingrace App.
blogingrace is responsible for any other claims, losses, damages, or expenses if the blogingrace App fails to conform to any warranty. You may notify the App Provider and, to the maximum extent permitted by law, the App Provider will have no other warranty obligation with respect to the blogingrace App. The App Provider is not required to provide any maintenance and support for the blogingrace App.
The App Provider is not responsible for addressing your claims or any third-party claims relating to the blogingrace App.
If any third party claims that the blogingrace App or your possession and use of it infringes that third party’s intellectual property rights, blogingrace will be solely responsible for that claim to the extent required by these Terms.
The App Provider and its subsidiaries have the right to enforce these Terms as third-party beneficiaries of these Terms.
You must follow all applicable third-party terms of service when using the blogingrace App.

Open Source. Some of blogingrace Social’s software is subject to open source licenses from MIT or Apache. Those portions of the software may be used in accordance with those open source licenses, which may be found in each open source repository.
Links to Third Party Websites or Resources. blogingrace Social allows you to access third-party websites or other resources, including Developer Applications on the AT Protocol. The use of any third-party services is at your own risk, and blogingrace isn’t responsible for any third-party services or content available through them.
Updates. We update our terms from time to time, and will either post the updated Terms or send other communications to let you know about any changes. If you keep using blogingrace Social, you agree to the updated Terms. If you don’t agree, you must stop using blogingrace Social.
Warranty Disclaimers.

Summary: We work hard to offer great services, but there are certain aspects that we can’t guarantee.

Our Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT blogingrace SOCIAL WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

blogingrace takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, unreliable, untrue, untimely, incomplete, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. blogingrace does not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
Indemnity.

Summary: If someone brings a legal claim against us based on your actions on blogingrace Social, you are responsible for our defense in, and the consequences of, that claim.

You will indemnify, defend, and hold harmless blogingrace and its affiliates, and their respective officers, directors, employees, and agents ("

blogingrace Parties

”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of blogingrace Social, (b) your User Content, or (c) your violation of these Terms. blogingrace may assume the exclusive control and defense of any matter for which you have a duty to indemnify blogingrace and, if we do, you agree to cooperate with our defense of those claims.
Limitation of Liability.

Summary: This section limits what you can recover from us in a dispute to any direct damages that you suffer up to $100. This doesn’t apply where it would be illegal to do so.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE blogingrace PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE blogingrace SOCIAL OR FOR ANY ERROR OR DEFECT IN blogingrace SOCIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT blogingrace OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT blogingrace SHALL NOT BE RESPONSIBLE OR LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR ANY THIRD PARTY’S CONTENT (INCLUDING ANY USER CONTENT), WHETHER OR NOT SUCH CONTENT IS ACCESSED THROUGH blogingrace SOCIAL, AND THAT ANY RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF THE blogingrace PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE blogingrace SOCIAL EXCEED ONE HUNDRED DOLLARS ($100).
c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN blogingrace AND YOU.

Governing Law, Forum Choice and Class Action Waiver.

Summary: All disputes you have with us will be resolved by binding arbitration where permitted. If we need to go to court, it will be in Delaware under Delaware law. You agree not to participate in a class-action lawsuit or class-wide arbitration against us.

Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to conflict of laws provisions. Except as otherwise expressly set forth in Section 15 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and blogingrace are not required to arbitrate will be the state and federal courts located in Delaware, and you and blogingrace each waive any objection to jurisdiction and venue in such courts.
Class Action Waiver. YOU AND blogingrace AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of Section 15 “Dispute Resolution” shall be null and void.

Dispute Resolution.

Summary: If there is a dispute between us, with limited exceptions, we’ll resolve it through arbitration. Note that this section does not apply to users who live in the E.U. or any place where arbitration is not permitted.

Informal Resolution. Most disputes can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration. You can do this by sending us a written description of the dispute, including your name, an email or a phone number for us to contact you, your blogingrace Social account, the nature of the complaint, and how you would like to resolve it, to support@bsky.app. If the dispute is not resolved within sixty (60) days after we receive your written notice, we agree to proceed with further dispute resolution as outlined below. Attempting an informal resolution process is required before starting any formal dispute resolution. During this process, any applicable statutes of limitations and deadlines for arbitration filing fees or other requirements will be put on hold.
Mandatory Arbitration of Disputes. After the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute in accordance with the “informal resolution” process (above), you and blogingrace agree to resolve any dispute, disagreement, or claim relating to these terms or our services through final and binding individual arbitration. Arbitration will not be in a class, representative or consolidated action or proceeding. You and blogingrace agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and blogingrace are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions. As limited exceptions to Section 15(b) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules.
Summary: The American Arbitration Association’s Consumer Arbitration Rules will apply. You may be able to choose the types of evidence you and we can submit depending on the size of your claim. Arbitration will be near where you live unless we agree otherwise.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you want to start arbitration, you must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. Both parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you, unless the arbitrator determines your claims were frivolous. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section 15(c) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Severability.
Summary: If a court decides a part of these Terms is unenforceable, the rest of these Terms still apply.
With the exception of Section 14(b) “Class Action Waiver,” if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

General Terms.

Summary: The following standard legal provisions are included to permit the Terms to function as expected. For example, they provide that these Terms cover the entire agreement about blogingrace Social and that you may not transfer your Account to anyone else.

Entire Agreement. These Terms (including the blogingrace Social Community Guidelines, the blogingrace Social Copyright Policy, and blogingrace Social Privacy Policy) cover the entire agreement between blogingrace and you about blogingrace Social. These Terms replace all prior agreements or understandings between blogingrace and you about blogingrace Social. If an arbitrator or court determines that any part of these Terms is invalid or unenforceable, we’ll enforce that part to the extent permissible and the other parts of these Terms will still be effective.
Notices. blogingrace will provide any notices by posting them in the App or on the Site or by sending other communications. You and blogingrace agree to communicate electronically.
Waiver. If blogingrace doesn’t enforce every right or provision in these Terms, we still have the right to enforce these rights and provisions in the future. Waivers must be written and signed by an authorized blogingrace representative to be effective. Exercising a right doesn’t impact other rights, unless specified otherwise in these Terms.
Construction. Both you and blogingrace will be treated equally when it comes to interpreting these Terms. For purposes of these Terms, the words “include,” “includes,” and “including” are meant to be followed by the words “without limitation.”

Contact Information. If you have any questions about these Terms or blogingrace Social, please contact blogingrace at support@bsky.app.