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 Florida, without regard to principles of
conflict of laws.
To the extent you have in any
manner violated or threatened to violate Public Domain Cash.Com
and/or its affiliates' intellectual property rights, Public Domain
Cash.Com and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the
State of Florida, 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: Hernando
County, Florida. 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:
Hernando County, Florida, 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 outlawed in the United States. Boy, did they look
disappointed!
May 1, 2004
WWW.PublicDomainCash.Com
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