Randy's Place

Randy Arthur's Personal Blog

Saturday, February 25, 2012

Master's Palette

Colored Cardstock

Posted by Randy Arthur at 1:43 PM

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Randy Arthur

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Terms of Use

These Terms of Use were adapted from those found on Glenn Reynold's blog InstaPundit (http://instapundit.com). Since I am adapting Glenn's Terms of Use, I clearly agree with and agree to be bound by them in all respects. If you have not read InstaPundit, do yourself a favor and check out one of the best all round 'blogs on the internet.

"Adrienne's Place" weblog Terms of Use:

By reading, linking to, quoting, printing out, or in any way making use of my weblog’s content in any means, place, or forum, you agree to the following:

1. All original content of "Adrienne's Place" is copyrighted by "Adrienne's Place”‘s owner, currently Adrienne W. Arthur, and is not to be used without permission except as provided herein. In using "Adrienne's Place" you recognize that all content is provided on an as-is basis, and that no factual statement on this site should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that it is true. To the extent that "Adrienne's Place" acts a guide to content on the Web, again no factual statement on the sites linked by or otherwise referenced by this site should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that those statements are true. These terms of use are subject to change, and should be reviewed regularly.

2. Privacy: "Adrienne's Place" doesn’t collect any information about you. But our hosting provider, advertisers and traffic monitoring service do automatically collect information about the browsing activities of our readers. This information is not necessarily anonymized. Your computer may also collect information about your online activities, including the fact that you visited "Adrienne's Place". So if you worry about these things, you might want to clear your cookies and internet history.

3. Permission is granted to read, quote, cite, link to, print out or otherwise use "Adrienne's Place" content, so long as you comply with the terms below.

A. All quotations or downloaded content from "Adrienne's Place" will include credit to "Adrienne's Place" or to Adrienne W. Arthur and, wherever practicable, a hyperlink of the form http://wintergreencondo.blogspot.com … to the site.

B. In exchange for the access to "Adrienne's Place" content described above, you agree not to sue "Adrienne's Place" for its content, whether original or linked or quoted from another source, in any court, on any grounds whatsoever in law or equity. Should you violate this agreement by filing such a lawsuit, you agree to pay "Adrienne's Place"'s owner or owners the sum of one million dollars ($1,000,000) as liquidated damages, in addition to all attorney’s fees, court costs, and other expenses associated with this litigation, and to indemnify and save harmless "Adrienne's Place" and its owners from any damage award made against them in such an action. Should this agreement not to sue be held unenforceable by a court of competent jurisdiction, you agree to binding arbitration, with all arbitration expenses to be paid by you. The arbitration panel shall be composed of three (3) weblog operators selected by "Adrienne's Place"'s owners or operators from those in the links list on the "Adrienne's Place" site. The award in such arbitration shall be limited to (1) a monetary sum not to exceed $10; and (2) the publication of a retraction on the "Adrienne's Place" site. Should this arbitration provision be held uneforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against "Adrienne's Place" the sum of ten dollars ($10), and you agree that you will be entitled to no other relief of any kind in law or equity. You agree that all disputes concerning these terms of use or the content of "Adrienne's Place" are to be resolved in the courts of Wake County, North Carolina, under the laws of North Carolina and the United States of America.

C. You agree that efforts to obtain "Adrienne's Place" content in violation or circumvention of these terms of use constitute a violation of "Adrienne's Place" copyright and understand and agree that (1) by virtue of this agreement you are estopped from arguing otherwise: and (2) such violations may lead to civil or criminal penalties.

D. If you are a corporation, you agree to provide, upon the filing of any lawsuit or the mailing of any letter threatening legal action, a bond in the amount of one million dollars ($1,000,000) as security against the liquidated damages provided for in paragraph 2.B. above. If you are an attorney or law firm representing a party filing such lawsuit or causing such a letter to be sent, you agree to provide a bond in the same amount as security against the liquidated damages provided for in paragraph 2.B. above unless you have never accessed, viewed, read, or otherwise made use of "Adrienne's Place" content in any form.

3. If you do not agree to these terms of use, exit the site immediately, destroy all copies of "Adrienne's Place" content remaining in any form on your computer, any other computer or network device under your control, in print form, or on any information storage or retrieval device that you possess or control. Then execute the following affidavit and send it by certified mail to Randolph Arthur, 304 Nantucket Drive, Cary, North Carolina 27513, USA.

Affidavit

I hereby certify under penalty of perjury that I possess no copies of the "Adrienne's Place" website in any form whatsoever; that neither I nor any employee or associate will access that site in the future in any form whatsoever; that I will immediately destroy any copies of "Adrienne's Place" content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the "Adrienne's Place" Terms of Use, subjecting me to possible civil and criminal liability.

Signed (include date) _________

Witnessed (notary) _________

Notary Seal:

My commission expires: ______________

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