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.
"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://adriennearthur.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 Adrienne 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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