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
California, without regard to principles of conflict of
laws.
To the extent you have in any manner violated or
threatened to violate Rebuild-from-Depression.comand/or
its affiliates' intellectual property rights,
Rebuild-from-Depression.comand/or its affiliates may seek
injunctive or other appropriate relief in any
state or federal court in the State of California, 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: Visalia,
CA. 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: Visalia, CA, 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!
August 2007
Rebuild-from-Depression.com