| Wow! You mean you're
actually going to read the Terms Of Service page?
Good For YOU!
These are really important pages, believe it or not. We
took the legal stuff that lawyers write and translated
it into a document that is just a BIT easier to read and
understand. Reading this page may prevent you from
hearing from our lawyers, or other interesting people
like prosecutors.
So, without further ado
- here it is - the legal stuff:
We run this site so
that people like you can use it for personal
entertainment, information, education, communication,
and/or cyber gratification. 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,
please don't fool around with the copyright and other
notices we have included. They are there for good
reason. And don't even think about distributing,
modifying, transmitting, reusing, re-posting, or
anything else with any of our material, including text,
images, audio, and video, for public or commercial
purposes unless we give you written permission. Period.
If you visit our site,
you are legally obligated to the terms and conditions
listed below, and also 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 our
terms and conditions.
So here are the Top Ten
Rules for the kind folks browsing our website:
1. For everyone's
sake, just assume that everything on this site is
copyrighted unless we say it's not. You can't use our
material except how we say you can on this page, or
anywhere else on the site without our written
permission. You may request permission in writing, but
don't get mad if we don't give it to you.
2. While we try to
include accurate information on our site, we are not
promising you that it's accurate. In fact, we're not
promising you anything except fun and entertainment. So
if you use anything from our site, you are essentially
using it at your own risk. Don't yell at us if there's a
problem, because we assume no liability or
responsibility for errors or omissions on this site.
3. We and anybody
else who helped us create, produce, or deliver this 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. So here's the bottom line - we are not
responsible if you're browsing around and the site
damages you, your computer, or infects your PC with any
nasty viruses. We try to keep everything as clean as
possible, but there is always a chance of our server
getting hacked and what-not, so we have to make the
statement above.
4. If you don't
want the whole world to know your business, don't post
it on our site in any bulletin board, blog, forum, or
other area. That's because anything you disclose to us
is ours. That's right - ours! We can legally do anything
we want with anything you post on our site. 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 things using the information you post. I know,
bummer huh?
5. Pictures of
people or places shown on the site are either our
property or someone else's property, and we are using
with their permission. No matter what, it's definitely
not your property. You or any of your friends, family
etc. can't use it unless we said you could on this page
or somewhere else on the site. So please be careful,
because unauthorized use may violate all kinds of
copyright laws. Be smart, and keep the stuff you
download to yourself.
6. There are also
a lot of trademarks, logos, and service marks on our
site that either we own or we're using them with someone
else's permission. You, though - DON'T have any license
or right to use them. If you happen to mess with our
trademarks, logos and service marks on our site, we'll
probably go bonkers, and so will the companies that own
the other trademarks, logos and service marks. That
means that we're very likely to sue you, or ask a
prosecutor to come looking for you for messing around
with our property and/or the property of others.
7. You'll probably
notice that our site is linked to lots of other sites.
While that's all fine and dandy, it doesn't mean that we
have looked closely at all the sites, much less checked
them out periodically to see what's been changed on
them. 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 silly 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 material 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, or 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 New Jersey, without
regard to principles of conflict of laws.
To the extent you have
in any manner violated or threatened to violate
www.easyheadermaker.com and/or its affiliates'
intellectual property rights,
www.easyheadermaker.com and/or its affiliates may
seek injunctive or other appropriate relief in any
state or federal court in the State of New Jersey, and you
consent to exclusive jurisdiction and venue in those
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: New Jersey, USA. 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: New Jersey, 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!
April 25th, 2009
EasyHeaderMaker.com
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