WEB
SITE TERMS OF USE
Welcome to vintageguitarblog.info
(the "Site")
Wow! You actually
came to this page. Our lawyers made us include it
and made us use a precious button on our home page
to get you here. At first, we thought the lawyers
were a real pain. But then we read the page. What a
Netwakening! It's really important stuff. We took
the legalese the lawyers wrote and translated it
into readable English. So be a smart nethead and
read the stuff on this page. It could prevent you
from hearing from our lawyers, or worse yet, from
really nasty people, like prosecutors.
Here's the deal:
We run this site so
that people like you (and people you like) can use
it for personal entertainment, information,
education, communication, and cybergratification. So
go ahead and browse around all you like. You can
even download stuff from the site but only for
non-commercial, personal use. If you do, though,
don't fool around with the copyright and other
notices all over the stuff. They're there for a
really good reason. And don't even think about
distributing, modifying, transmitting, reusing,
re-posting, or anything else uncool with any of the
stuff, including the text, images, audio, and video,
for public or commercial purposes unless we give you
written permission. And it's not likely we will.
If you visit our
site, you're also legally obligated to [read: stuck
with] the terms and conditions listed below and any
other law or regulation that applies to the site,
the Internet, the World Wide Web, or Los Angeles,
CA. You shouldn't access or browse the site if you
have any problem with that, because once you start,
there's no turning back -- you are bound by [read:
stuck with] the terms and conditions.
So here's the scoop
on our Top Ten Rules for Cybersurfers who hang out
on our site:
1. For
everyone's sake, just assume that everything on the
site is copyrighted unless we say it's not. So you
can't use the stuff except how we say you can on
this page or anywhere else on the site without our
written permission. And like we said before, it's
not likely we'll give you permission anyway. In
fact, even if we wanted to, the lawyers are likely
to veto any deal anyway. So it's better you don't
even ask.
2. While we
try to include accurate stuff on the site, we're not
promising you it's accurate. In fact, we're not
promising you anything except fun and entertainment.
So if you use stuff on the site, you're using it at
your own risk. Don't call us if there's a problem
because we assume no liability or responsibility for
errors or omissions on the site.
3. We and
anybody else who helped us create, produce, or
deliver the site are not liable for any damages you
suffer when you use it. In particular, the lawyers
want you to know that our disclaimer includes
"direct, incidental, consequential, indirect, or
punitive damages arising out of your access to, or
use of, the site. Without limiting the foregoing,
everything on the site is provided to you 'AS IS'
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON INFRINGEMENT.
Please note that
some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions
may not apply to you. Check your local laws for any
restrictions or limitations regarding the exclusion
of implied warranties. " Ugh! What a mouthful from
the mouthpieces. We put all of that in quotes
because we couldn't figure out any other way to say
it that the lawyers would accept. But here's the
bottom line -- we're not responsible if you're
browsing around and the site damages you or your
computer or infects it with any nasty viruses. We
sure hope that doesn't happen, but if it does, don't
call us.
4. If you
don't want the world to know something, don't post
in on the site in any bulletin board or anyplace
else. That's because anything you disclose to us is
ours. That's right -- ours. So we can do anything we
want with the stuff you post. We can reproduce it,
disclose it, transmit it, publish it, broadcast it,
and post it someplace else. We can even send it to
your mother (as soon as we find her address). Not
only that, we can even use any ideas, concepts,
know-how, or techniques you post any way we want to,
including, developing, manufacturing and marketing
products or other stuff using the information you
post.
5. Pictures of
people or places shown on the site are either our
property or someone else's property we're using with
their permission. No matter what, it's definitely
not your property. You or any of your net-friends
can't use it unless we said you could on this page
or somewhere else on the site. And guess what -- we
won't say yes. So be careful, Bunky, because
unauthorized use may violate all sorts of nasty
laws. Be smart, keep the stuff you download to
yourself.
6. There's
also a lot of trademarks, logos, and service marks
on the site that either we own or we're using with
someone else's permission. So don't think you have
any kind of license or right to use them, because
you don't and we're not about to give you one. If
you don't leave them alone and mess with our
trademarks, logos and service marks on our site,
we'll probably go ballistic, so will the companies
that own the other trademarks, logos and service
marks. That means that we're likely to sue you or to
ask a prosecutor to come after you for messing
around with our property or the property of others.
7. You'll
probably notice we've linked our site to lots of
others. While that's cool, it doesn't mean we've
looked at all those sites, much less checked them
out periodically to see what's going on. So don't
blame us if some site you link to is bad or has
stuff on it that offends you or your pets. Go ahead
and link, but remember, you're doing it at your
risk.
8. That brings
us to what you do on our own site. While we
occasionally listen in on chat groups, or look at
the posting in our discussion groups or on our
bulletin boards, we take no responsibility and
assume no liability for the content of those
locations or for any mistakes, defamation, libel,
slander, omissions, falsehoods, obscenity,
pornography, or profanity you might encounter when
you visit such places on our site. And don't be
stupid by posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, nasty, mean,
or profane material or any material that law
enforcement types may consider a criminal offense,
get someone in court on a civil lawsuit, or for that
matter violate any law -- anywhere, anytime. While
we certainly respect your privacy, we have no choice
but to fully cooperate with any law enforcement
authorities or court which might ask us who might
have posted nasty stuff on our site.
9. We're also
allowed to change this page and anything else on the
site any time we want to. That's because it's ours
and we have the programmers who can do it. If we do
change the page, then you're bound by [read: stuck
with] those changes, too, whenever you visit our
site.
10. If either
of us wants to make something of it and wants to
“sue” (a dirty word) then we have to follow these
rules of engagement. (sort of according to the
Geneva Convention):
This Agreement is
governed by the laws of the Province of Halifax,
Nova Scotia, Canada , without regard to principles
of conflict of laws.
To the extent you
have in any manner violated or threatened to violate
this site and/or its affiliates'
intellectual property rights,
this site and/or its affiliates may
seek injunctive or other appropriate relief in any
provincial or federal court in the Province of
Halifax, Nova Scotia, Canada, and you consent to
exclusive jurisdiction and venue in such courts.
Any other disputes
will be resolved as follows:
If a dispute arises
under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon
mediator in the following location: Halifax, Nova
Scotia, Canada. Any costs and fees other than
attorney fees associated with the mediation will be
shared equally by each of us.
If it proves
impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the
dispute to binding arbitration at the following
location: Halifax, Nova Scotia, Canada. Judgment
upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
If this all sounds
kind of mean and undiplomatic, you should have seen
what the lawyers gave to us in the first place. We
had to remind them that human torture and sacrifice
was outlawed in Canada. Boy, did they look
disappointed!
March 12, 2009
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