Acceptance of Legal Stuff about Using jhosch.wordpress.com Through Use
Welcome to jhosch.wordpress.com, and thanks for visiting! Here’s all the legal stuff about using this website, including Joshua’s weblog.
By using the jhosch.wordpress.com website (also called the “site”), you signify your agreement to all of these terms, conditions and notices (the “Legal Stuff”). If you do not agree to the Legal Stuff please do not use this site or any portion of it. We reserve the right, at our discretion, to update or revise this Legal Stuff. Please periodically check the Legal Stuff for changes and revisions, because your continued use of this site following the posting of any changes to the Legal Stuff constitutes your acceptance of those changes.
AGREEMENT REGARDING USE OF JOSHUA’S BLOG AND COMMUNICATIONS FEATURES
We invite you to view and comment on Joshua’s weblog (or “blog”) on the site. Your use of the blog will signify your agreement to abide by the blog Guidelines for Commenting and Blog Rules stated below.
Guidelines for Commenting:
We love your blog comments, and thank you SO much for submitting them, because you help make Joshua’s blog a great blog. To keep it fun and interesting instead of getting boring and weird, please follow these Guidelines in using Joshua’s blog:
1. Obviously, this blog is open to the public, so think about what you include in your comments. Don’t include anything in a comment that you would like to keep private. For personal safety reasons, please DO NOT include any personal information (e.g., full name, address, phone number, etc.) about you or anyone else. If you want to sign up for the mailing list, please use the form in the top right corner (only if you’re 13 or older).
2. Please keep your comments short. 100-150 words would be great, which makes reading them faster and easier for everyone. If you have something longer to say – start your own blog (for example, go to Blogger.com to learn more about starting your own blog) and let us know where to find it!
3. This is Joshua’s blog, and as such he reserves the right to do anything he wants with any submitted comments, including archiving, distributing and publishing them forever, if he wants. Also, we have the right (but not the obligation) to review and delete any submitted or posted comments, including any content or embedded links, at any time, for any reason (or no reason) without notice. We can do these things ourselves, or we can arrange for third parties to do them for us at our direction.
4. Disagreement and respectful differences of opinion are welcome, hate speech and name calling are not. Including portions of other people’s stuff (with credit) for comment or criticism is OK, but posting other people’s stuff as your own is a problem. You are responsible for your conduct and for any data, text, graphics, audio clips or other stuff you include in a submitted comment. For more details about the terms of using this blog and commenting, please click here.
5. If you want to share the link to your own website or blog, fill out the URL box, and then there is no need to repeat your link in the body of your comment. Please DO NOT include links longer than the width of the comment box, as you will make the page hard to read for everybody.
More Blog Rules and Communications Features Terms
By submitting comments regarding Joshua’s blog or otherwise using any communications features that may be available to you on or through this site, you agree that you will comply with the Guidelines for Commenting, above, and that you will not upload, post, or otherwise distribute or facilitate distribution of any content — including text, graphics, software, images, sounds, data or other information — that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a user or commenter name or otherwise violates the website Legal Stuff;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, gender identity and expression, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “Spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity.
g. You also agree that you will not harvest or collect information about the blog or site users, or use such information for the purpose of transmitting (or facilitating transmission of) unsolicited bulk electronic e-mail or communications.
You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 yrs old). Personal information includes but is not limited to name, address, phone number or name of a minor’s school.
jhosch.wordpress.com, itself or through its agents and contractors, has the right, at its sole discretion, to remove any content or blog comment that, in its sole judgment, does not comply with the Legal Stuff, or is otherwise harmful, objectionable, inaccurate or out of place. jhosch.wordpress.com is not responsible for any failure, or delay, in removing such content.
User’s Grant of Limited License
By submitting or posting content or comments to this site, including the blog, you grant jhosch.wordpress.com and its owners, principals, affiliates, subsidiaries and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote such content and comments in any form, anywhere and for any purpose; and you warrant and represent that you own or otherwise control all of the rights to such content and comments and that public posting and use of your content and comments by Joshua.com com and its owners, principals, affiliates, subsidiaries and licensees will not infringe or violate the rights of any third party.
THIRD PARTY SITES
This site may link you to other websites on the Internet. While we strive to offer links to websites we think you’ll enjoy and find useful, it is possible that any linked website may contain information or material that some people may find uninteresting, irrelevant, inappropriate or offensive. These other linked sites are not necessarily under the control of jhosch.wordpress.com, and you acknowledge that jhosch.wordpress.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any third party linked websites. The inclusion of a link to any such third party site does not necessarily imply endorsement of, or association with, such other website by jhosch.wordpress.com or by Joshua himself.
Please note that jhosch.wordpress.com may, from time to time, have an association with other websites by which jhosch.wordpress.com may earn fees if recommended items are purchased on the linked website by a jhosch.wordpress.com site user. Before providing personal information through any linked website, please check that website’s privacy policy and practices, which are completely separate from and unrelated to the Privacy Policy and privacy practices of this site.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by jhosch.wordpress.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from jhosch.wordpress.com is prohibited. In addition, use of the site content or materials for any purpose not expressly permitted in the Legal Stuff is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials, contents, software or design elements on this site is strictly prohibited without the express prior written permission of jhosch.wordpress.com.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify jhosch.wordpress.com. Email at joshuahosch@hotmail.net.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, COMMENTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT, MATERIALS AND PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. JHOSCH.WORDPRESS.COM, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT, MATERIALS AND PRODUCTS ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE, IT’S SERVERS OR EMAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL JHOSCH.WORDPRESS.COM, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JHOSCH.WORDPRESS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JHOSCH.WORDPRESS.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
Upon a request by jhosch.wordpress.com, you agree to defend, indemnify, and hold harmless jhosch.wordpress.com and its owners, principals, affiliates, subsidiaries licensors and licensees and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. jhosch.wordpress.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with jhosch.wordpress.com in asserting any available defenses.
INTERNATIONAL USE
jhosch.wordpress.com makes no representation that materials or products available on this site are appropriate or available for use in locations outside the United States. Accessing this site from territories where the site contents are illegal is strictly prohibited. Those who choose to access this site from locations outside the United State do so at their own risk and at their discretion, and are responsible for compliance with all local laws.
CHOICE OF LAW AND FORUM
The Legal Stuff shall be governed by and construed in accordance with the laws of the state of Illinois excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Legal Stuff or your use of this site shall be filed only in the state or federal courts located in the state of Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, the Legal Stuff constitutes the entire agreement between you and jhosch.wordpress.com with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and jhosch.wordpress.com with respect to this site. If any part of the Legal Stuff is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION
jhosch.wordpress.com reserves the right, in its sole discretion, to terminate your access to all or any part of this site (including Joshua’s blog), with or without notice.
ABOUT US
jhosch.wordpress.com is owned and controlled by Joshua R. Hosch.
