WEB SITE TERMS OF SERVICE
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 Arizona, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to
violate SharonMichaels.com and/or its affiliates' intellectual
property rights, SharonMichaels.com and/or its affiliates may
seek injunctive or other appropriate relief
in any state or federal court in the State of Arizona, 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: City of Tucson. 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:
City of Tucson, 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!
July 1, 2007
SharonMichaels.com
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