Wow! You actually came to this page. Our lawyers
made us include it and made us use a precious link
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.
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 your own 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
Rhode Island, USA. 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 our hardest to include only accurate
stuff on the site, if you use any information
or advice, 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. (Don't worry though, we've been marketing
on the Internet since 1996 so we know what we're
doing. And we like to tell it like it is, so any
advice you find will in all likelihood be better
than advice you can dig up at most other sites.
;-)
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,
(Except our products which DO come with guarantees!)
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, and we take every precaution to make sure
it does not, 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. 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 few 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 look at the postings 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 Rhode Island,
without regard to principles of conflict of laws.
To
the extent you have in any manner violated or
threatened to violate Make-A-Living-Online.com
and/or its affiliates' intellectual property rights,
Make-A-Living-Online.com
and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal
court in the State of Rhode Island,
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: Providence County.
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:
Providence County, 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.