ToS

Wow! You actually came to this page. Someone legally inclined suggested I include this and made me use an actual link to get you here. I looked at what ‘should’ go up here, and then I checked out a couple other places, then translated the legalese it into relatively readable English. So, read the stuff on this page.

Here’s the deal:

I run this site so that people can use it for personal entertainment, information, education, and communication. Go ahead and browse around all you like. You can download stuff from the site, but only for non-commercial use, unless you ask first. If you do, though, don’t fool around with copyright, creative commons, and other notices on the site. They’re there for good reasons. Please don’t think about distributing, modifying, transmitting, reusing, reposting, or doing anything else uncool with any part of the site for some nefarious purpose. That includes using the text or images for commercial purposes unless I give you written permission.

Any claim relating to the use of this site and the materials contained herein is governed by the laws of the State of Colorado. You consent to the exclusive jurisdiction of the state and federal courts located in Denver, CO.

If you visit the site, you’re legally obligated to the terms and conditions listed below and any other law or regulation that applies to the site, the Internet, or the World Wide Web. 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 the terms and conditions.

So here’s the scoop on the Top Ten Rules for people who hang out on the site:

  1. For everyone’s sake, just assume everything on the site is copyrighted or under Creative Commons Attribution-Noncommercial-Share Alike 3.0 license unless I say otherwise. You can’t use the stuff except the way it says you can on this page or anywhere else on the site without my written permission.
  2. I try to include accurate stuff on the site, but I’m not promising you it’s accurate; if you use stuff (files, text, or advice) on or from the site, you’re using it at your own risk. I assume no liability or responsibility for errors or omissions.
  3. I and anyone else who helped me create, produce, or deliver the site are not liable for any damages you may suffer when you use it. In particular, let me be very technical, this 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, TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. 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. There’s no other way to say it that’s legally acceptable. Here’s the bottom line – I’m not responsible if you’re browsing around and the site damages you or your computer or
    infects it with any nasty viruses. I hope that doesn’t happen, but if it does, I am not responsible.
  4. If you don’t want the world to know something, don’t post it on the site or email it to any address that uses my domain names. Anything you disclose is mine. That’s right – mine. I can do anything I want with the stuff; reproduce it, disclose it, transmit it, publish it, broadcast it, and post it someplace else. Not only that, I can even use any ideas, concepts, know-how, or techniques you post or send in any way I want to, including developing and marketing products or other stuff using the information.
  5. 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; getting someone in court on a civil lawsuit, or for that matter violating any law – anywhere, anytime. I certainly respect your privacy, but I have no choice but to fully cooperate with any law enforcement authorities or court which might ask me who sent nasty stuff to the site.
  6. Files on the site are either my property or someone else’s property I’m using with permission. No matter what, it’s definitely not your property. You can’t use it unless I say you can on this page or somewhere else on the site. Unauthorized use may violate all sorts of nasty laws. Be smart; keep the stuff you download to yourself.
  7. There’s also trademarks, logos, and service marks on the site that either I own or I’m using with someone else’s permission. You do not have any kind of license or right to use them. If you mess with the trademarks, logos, and service marks on the site, I’ll go ballistic (so will the companies that own the other trademarks, logos, and service marks). That means that I’m likely to sue you or to ask my lawyer to come after you for messing around with my property or the property of others.
  8. You’ll probably notice I’ve linked my site to lots of others. This doesn’t mean I’ve looked at all those sites, much less checked them out periodically to see what’s going on. So don’t blame me if some site you link to is bad or has stuff on it that offends you or your pets. Go ahead and click, but remember, you’re doing it at your own risk.
  9. CookiesA “cookie” is a small piece of information sent by a web site to the web browser, which enables the web site to collect information from the browser. I use cookies to remember you when you visit this website. This let’s me (a) remember who you are when you come back the next time (so you don’t have to reenter your information when you comment or something) and (b) keep track of everyone’s browsing patterns and to build up a profile of how everyone uses the site (for instance: what posts are most popular, what people are searching for when they come here, and things like that). I use WordPress to generate the cookie that remember who you are, and I use Google Analytics to keep track of all the other stuff. You can find out more about cookies at http://www.cookiecentral.com. Most browsers allow you to turn off cookies. If you want to know how to do this please look at the “help” menu on your browser. Switching off cookies won’t do anything in terms of what you can and can’t see or use on this website; the only thing that will happen is that you’ll have to reenter your information every time you comment on an article. (Shutting off cookies may make some other sites not work correctly, but really that’s between you and them — I just wanted to point it out.)
  10. Software that I use on this site is protected by all sorts of 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 the United States has embargoed goods; or (get this) to anyone on the United States Treasury Department’s Table of Deny Orders. As if that isn’t 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.
  11. Finally, I’m also allowed to change this page and anything else on the site any time I want to. That’s because it’s mine and I know enough about web pages to do it. If I do change the page, you’re bound by those changes, too, whenever you visit.