WEB SITE TERMS OF USE

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

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