Monday, November 23, 2009

My Blog Spark?

**Updated at the bottom. Twice.**

This morning I was just sitting here minding my own business, which I hardly ever always do. I was reading my emails and came across an email from My Blog Spark saying everyone has to sign the new Terms & Conditions.

I was reading through them (my husband will be so proud) and I saw this:

"If you conduct any sort of giveaway of these items to your readers or others, you agree to do so responsibly and lawfully and you agree that you will be responsible for any resulting liabilities, injuries, losses, or claims, including without limitation, injuries to (or harm suffered by) yourself or others."

Highlights, bold, italics are put there by me.


*Who amongst the bloggers can afford to take on the liability the manufacturer alone should carry? Not I, said this blogger.

*Seriously, I need an answer to this question so I know who can take me out on their yacht. Leave this information in the comments or email me a.s.a.p.!


I just now got this email from Melissa at My Blog Spark:

Hi Tammi,
We understand that you have some concerns regarding the updated terms and conditions and want to clarify one very important point regarding liability. Please note that MyBlogSpark members are NOT liable when prizes are sent to your contest winners directly by MyBlogSpark . If there is ever an issue regarding a prize fulfilled by MyBlogSpark, you are not liable.
You are only liable if someone is injured because you failed to properly prepare or store the product samples or warn of allergens from product/prizes we send directly to you and you send directly to others.
We hope this clears up any issues pertaining to the terms and conditions and please let us know if you have any additional questions or concerns.
Best Regards,
Kudos to My Blog Spark for responding. I'm pretty darn glad to hear this. However, I did let them know I think the language in the first quote I gave needs to be fixed to remove unnecessary risk from the shoulders of bloggers. Better to be redundant than open to risk, right?

Wow - I'm impressed. Sometimes when the little guy points out a risk, they are heard. Here's Melissa's response to my thoughts, sent to me via email again:

Hi Tammi,
I’m a mom blogger myself, so I totally understand where you’re coming from. I agree that the wording could be misinterpreted and we just sent an email out to the entire network that I hope clarifies the issue and eases the concerns. We would love it if you would reconsider and remain a member of the network. I can have the terms and agreements resent to you if you’d like.
Thanks again,
Next week: Getting husbands to listen. No, just kidding. That will never happen. Unless you are saying something you don't want them to hear. They are listening then.


  1. Thanks for the heads up. I am glad you read this carefully because it;s outrageous. Why would I agree to put me and my family in this situation.

  2. You didn't include the first part of that - "5. In the event that we provide you directly with product samples or other items to share with others, you agree to do so responsibly, using care to prepare and/or store the product properly, and using care to avoid allergic reactions." The keyword there is DIRECTLY. What I understand this to mean is if you decided to share something that they mailed to you with others, then you are liable. Say you buy yogurt using one of the coupons, don't store it properly, and someone gets sick. Not trying to defend MyBlogSpark, as I don't think they used the correct wording for this, but I just think you should read the entire paragraph and judge it as a whole.

  3. I would not agree to those terms.

  4. There is no language in that paragraph saying the part I quoted is only relevant to what you directly pass on to others. It's my opinion you are leaving yourself wide open the way it is written.

    At the very least, it needs to be cleared up.

  5. came across your blog when i surf around. Anyway, I love your writings!

    p/s: sorry for posting a comment which is totally not related :P

  6. I saw a cleared-up version...I don't remember the first version. Hmmm lol