IZEA™ Ranks

Please carefully read the following Terms of Use before using the IZEARanks Service ("Service"), which is available at izearanks.com (the "Site"), payperpost.com, and socialspark.com. By accessing the Service, you agree to be bound by these Terms of Use. If you do not agree to the these Terms of Use, please do not use this Service. Each time you use the Service, the current version of the Terms of Use will apply. Accordingly, when you use the Service, you should check the date of the Terms of Use (which appears at the top) and review any changes since the last version.

1. Proprietary Rights

You acknowledge and agree that all right, title and interest (including, without limitation, all patent rights, copyrights, trade secret rights, trademarks, service marks, related goodwill, any other intellectual property rights recognized in any country or jurisdiction in the world, and confidential and proprietary information) in and to the Service (including, without limitation, to any images, photographs, video, and text incorporated into the Service), any modifications thereto and any derivative works thereof, are owned by IZEA, Inc. ("IZEA").

2. Registration, Accounts and Passwords

If you are a blogger and want to have your blog ranked through the Service, you will need to register as a member of the Service and provide IZEA with the following information: name, e-mail address, blog url and password.

If you become a member of the Service, you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers affiliated with your membership and (ii) all activities that occur under such password or account identifiers. You agree to notify IZEA of: (i) any loss of your password or account identifiers and (ii) any unauthorized use of your password or account identifiers. IZEA will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

3. Submitting Information to IZEA

Please see our Privacy Policy for general information regarding the collection and use of personal and aggregate information when using services, such as the RealRank Service, provided on our Site.

4. Use of the Services

You agree: (i) to use the Services only for purposes that are permitted by the Terms of Use and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; (ii) that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks that are connected to the Services; (iii) that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, and (iv) that you are solely responsible for any breach of your obligations under the Terms of Use and for the consequences of any breach of these obligations.

5. License from IZEA

IZEA grants you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the IZEA Toolkit provided to you by IZEA as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by IZEA, in the manner permitted by the Terms.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the IZEA Toolkit or any part thereof, unless this is expressly permitted or required by law, or unless you have been given written consent by IZEA.

Unless IZEA has given you specific written consent to do so, you may not assign (or grant a sub-license of) your rights to use the IZEA Toolkit, grant a security interest in or over your rights to use the IZEA Toolkit, or otherwise transfer any part of your rights to use the IZEA Toolkit.

6. Disclaimer

THE REALRANK SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY. IZEA, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE. IZEA, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IZEA, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA PROVIDED AS PART OF THE SERVICE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF IZEA, ITS AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.

FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE SERVICE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET. IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, IZEA'S, ITS AFFILIATES', AGENTS', LICENSORS', AND SUPPLIERS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. Limitation of Liability

IN NO EVENT WILL IZEA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OF THIS SERVICE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE).

IZEA RESERVES THE RIGHT TO ALTER OR REMOVE THIS SERVICE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND IZEA WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF IZEA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IZEA'S, ITS AFFILIATES', AGENTS', LICENSORS' AND SUPPLIERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

8. Indemnification

By using the Service, you agree to indemnify, defend and hold harmless IZEA, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any suit, claim, liability, or proceeding in connection with: (i) any claim due to or arising out of your violation of these Terms of Use; (ii) your use of and access of the Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.

9. Changes to the Terms

As stated above, IZEA may make changes to the Terms of Use from time to time. When these changes are made, IZEA will post a new copy of the Terms on the Site. You understand and agree that if you use the Services after the date on which the Terms of Use have changed, IZEA will treat your use as acceptance of the updated Terms of Use.

10. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IZEA without restriction.

11. Choice of Law and Forum

This Terms of Use shall be governed and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules. Any dispute arising out of or relating to this Terms of Use or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within Orange County in the State of Florida, and you hereby submit to the personal jurisdiction of such courts.