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WEB SITE TERMS OF USE
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.
Software that we use on this Site is protected by all sorts of
patriotic U.S. laws. Because of that, you can't download or send
the software to anyone in the vacation travel spots of Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country
where United States has embargoed goods; or (get this) to anyone
on the United States Treasury Department's list of Specially
Designated Nationals, the U.S. Commerce Department's Table of
Deny Orders, or the FBI's Most Wanted Internet Creeps List (just
kidding on the last one). As if that were not tough enough, if
you live in or are a national of any of those lovely places,
you're not even supposed to be reading this page, so beat it!
10. 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.
11. 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 State of Washington,
without regard to principles of conflict of laws.
To the
extent you have in any manner violated or threatened to violate
SecondStreamOfIncome.com and/or its affiliates' intellectual
property rights, SecondStreamOfIncome.com and/or its affiliates
may seek injunctive or other appropriate relief in the proper
judicial setting in the State of Washington, 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: State of Washington. 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: State of Washington,
under the rules of the American Arbitration Association.
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 now outlawed (yes,
once again) in the United States of America. Boy, did they look
disappointed!
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