TERMS OF SERVICE
Last Updated: November 26, 2007

1. Acceptance of Terms

Jon, the provider of "Jon's Blog", along with any associates, contractors, vendors, information services, or other personnel chosen by Jon to assist in this endeavor (herein collectively referred to as "Jon") offers the content and services provided on or through this web site (collectively, the "Services"), to you free of charge, but subject to the following Terms of Service ("TOS"). Your use of the Services in whole or in part constitutes your binding acceptance of these TOS. If you do not agree to these TOS, you should not use the Services. Because Jon may modify all or any part of these TOS from time to time without notice to you, you should check back often so you are aware of your current rights and responsibilities. Your continued use of a given Service after changes to the TOS have been published on that Service constitutes your binding acceptance of the updated TOS. If at any time the TOS are no longer acceptable to you, you should immediately cease all use of the Services.


2. Description of Services

The Services include a combination of originally created content and content provided by others. In addition, some Services provide you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material on or through that Service. Jon strives toward high journalistic standards, and uses every reasonable effort to provide informative and relevant content as part of the Services. However, in using the Services, you may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate, and you bear all risks associated with using that content. You understand that the Services are provided "AS IS", as further described in Section 12 of these TOS, and that Jon does not guarantee the accuracy, integrity nor quality of any content available on or through the Services. In this regard, you acknowledge that you may not rely upon any of this content, whether created by or submitted to Jon, including, but not limited to comments posted by others relevant to Blog articles. The appearance or availability of links to third party sites on or through the Services does not constitute an endorsement by Jon with respect to the content, advertising, products, or other materials available on or from such sites. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the TOS. Finally, you are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet Service Provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.


3. General Rules of Conduct

Your use of the Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that:

  • You will not interfere with another member's use and enjoyment of the Services; you will not interfere with or disrupt the security measures of the Services; you will not interfere with or disrupt networks connected to the Services, and will comply with all regulations, policies and procedures of such networks; and ...

  • You will comply with United States law regarding the transmission of technical data exported from the United States.

You further agree that you will not use the Services to:
  • Send or cause the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming"; harm minors in any way; promote or generate revenue for any business or commercial purposes, whether or not for a charge or through linking with any other web services or pages; impersonate any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; "stalk" or otherwise harass another; or ...

  • Collect or store personal data about other users.

4. Postings

Although Jon reserves the right to edit and/or delete user-posted articles and Comments, Jon does not necessarily screen such content. Therefore, you understand that you are solely responsible for all data that are uploaded, posted, emailed, transmitted or otherwise made available from and by you on or through the Services. You further agree that your actions will not violate these TOS. Specifically, you represent and warrant that any submissions you provide will not contain any material which:
  • Is false, inaccurate, or misleading; infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy; violates a nondisclosure agreement, or violates any law or regulation (including, without limitation, those governing export control, unfair competition, or false advertising); is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening or harassing; is obscene or contains child pornography; or ...

  • Contains viruses, Trojan horses, time bombs, worms, cancelbots, easter eggs or other computer programming routines that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.

You also agree that you will not:
  • Reproduce, distribute, republish or retransmit material posted in this Blog without Jon's permission; take any action that imposes an unreasonable or disproportionately large load on this web site's infrastructure; or ...

  • Interfere or attempt to interfere with the proper working of the Services, any activities conducted on or through the Services, or any networks through which you access the Services.

You further represent and warrant that:
  • Your submissions will be original and/or you will obtain all necessary third-party permissions as set forth below;

  • You have the full and unrestricted power to convey such information to this Blog free and clear of the claims of any other person or entity.

In sum, your Comments do not necessarily reflect Jon's views, and Jon does not verify, endorse, nor vouch for any such content. Should Jon determine in his sole discretion that any user-provided content is inaccurate, was posted without authorization, or otherwise does or may violate these TOS, Jon reserves the right, at any time, without prior notice and without limiting any and all other rights he may have, at law or in equity, to (a) modify, refuse or remove the content; (b) revoke the applicable user's right to use the Services; and/or (c) use any technological, legal, operational or other means available to enforce the provisions of these TOS, including, without limitation, blocking specific IP addresses or otherwise blocking access to this blog.

Finally, you specifically grant to Jon (or warrant that the owner of such content grants to Jon) a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, to:

  • Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all content submitted by you, in whole or in part; use, in whole or in part, your name, likeness, photograph, voice, company name, screen name, e-mail address and/or other identifying information submitted by you as part of or in connection with such content ("Image"), and reproduce, publish, create derivative works from, distribute, perform and display materials containing the same; and ...

  • Incorporate the content and the Image in other works in any form, media or technology now known or later developed throughout the universe, and reproduce, publish, display and otherwise distribute the same.

For sake of clarity, by virtue of the above grant, you also give Jon permission to copy your submitted content and the Image as part of the normal backup process and/or to archive discussions containing your content and/or the Image.


5. Jon's Proprietary Rights

All Services software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Services, including, but not limited to, the selection, sequence and "look and feel" and arrangement of items, and all trademarks, service marks and trade names, (individually and/or collectively, "Material"), are the property of Jon, and is legally protected, without limitation, under U.S. Federal and State law, as well as applicable foreign laws, regulations, and treaties. The compilation of all content is the exclusive property of Jon. You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use any materials contained on the Services (except for your user-provided content) without express prior written consent from Jon. In particular, you may not frame any Material without the express prior written consent of Jon or the material owner. You may not alter, delete or conceal any copyright or other notices contained on the Services, including notices on any Material you download, transmit, print or reproduce from the Services. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. You further agree not to access the Service by any means other than through the interface which is provided by Jon for that purpose.


6. Forums

This blog offers visitors the opportunity to participate in threaded Comment discussions with other visitors. Visitors are cautioned to exercise appropriate caution when participating in any such discussion. In particular, please remember that if you publicly disclose personal identifying information such as your name or email address in such a discussion, that information may be collected and used by others. You should also take reasonable precautions with regard to any material you may download from this blog (for example, scanning for viruses or other damaging computer programming routines). Finally, you agree to use Comment threads only to post messages relevant to that particular subject.


7. Registration Obligations

Some Services provided by this blog may require that you register in order to access or use them. If such registration is required, you agree that you will provide accurate information (such as your real name and a valid e-mail address) and will update your relevant information if it becomes outdated. If you provide any information that is, or that Jon in his reasonable discretion determines may be, untrue, inaccurate, not current or incomplete, Jon has the right, without prior notice, to block and refuse any and all current or future use of the Services (or any portion thereof). For more detailed information about how we treat the registration information you provide, please see this blog's Privacy Policy, which is incorporated by reference into these TOS (and therefore a part of your agreement with Jon).


8. Passwords and Other Security Issues

If you are issued a password to use selected Services provided by this blog, you agree to help protect your information by guarding that password, and by changing it as soon as possible if you believe its security has been compromised. If Jon allows you to choose a username and you select, in Jon's sole discretion, one that is obscene, indecent, abusive or which is otherwise objectionable, Jon has the right, without prior notice to you, to automatically change your username, delete your Comments under it, deny you access to the Services, or any combination of these options. You may not transfer your registration, password or user name to another person or share it with anyone. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you believe your information has been used without your authorization, you agree to notify Jon immediately.


9. Privacy Policy

Jon respects your privacy. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Services.


10. Service Deactivation or Termination

Jon reserves the right, but not the obligation, to take any of the following actions in his sole discretion at any time and for any reason without prior notice:

  • Restrict, suspend or terminate your access to all or any part of the Services;

  • Refuse, move or remove for any reason any material that you submit on or through the Services;

  • Refuse, move, or remove any content that is available on or through the Services;

  • Deactivate or delete your accounts and all related information and files in your account;

  • Establish general practices and limits concerning use of the Services

Jon may take any of the above actions for any legitimate reason as determined by Jon in his sole discretion, including, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that Jon will not be liable to you or any third party for taking any of these actions.


11. Indemnification

You hereby agree to indemnify, defend and hold Jon harmless from and against any and all liability, losses, expenses, damages and costs (including attorneys' fees), incurred by Jon in connection with any claim arising out of your use of the Services, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through the Services, your violation of these TOS, your connection to the Services, or your violation of the rights of any other person or entity.

Jon reserves the right to assume, at his sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with Jon in the defense of any such claim, action, settlement or compromise negotiations, as requested by Jon.


12. Disclaimers of Warranties

THE SERVICES, AND MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED OR ERROR FREE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED. IN ADDITION, ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.

Without limiting the foregoing, Jon is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. As between you and Jon, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, postings and materials associated with your use of the Services. Under no circumstances shall Jon be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.


13. Limitation of Liability

IN NO EVENT SHALL JON BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF JON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF JON TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).


14. Miscellaneous

General: This site is created, controlled and operated by Jon in the USA, and is intended solely and exclusively for residents of the United States, its territories and possessions who are at least 16 years of age or older. If you choose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply.

Entire Agreement: These TOS, including the policies referred to in these TOS, constitute the entire agreement between you and Jon and govern your use of the Services, superceding any prior agreements between you and Jon. These TOS cannot be changed or terminated orally.

Notice: Jon may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon Jon posting them on or through the Services.

Assignment: You agree that the TOS may be automatically assigned, in whole or in part, by Jon to a third party, in Jon's sole discretion, in connection with a merger, acquisition, reorganization or sale of Jon's assets, in whole or in part.

Choice of Law and Forum: The formation, construction and interpretation of this agreement shall be controlled by the laws of the Commonwealth of Virginia, giving no effect to choice of law provisions. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of local, state and federal courts in Virginia, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

Third Party Beneficiaries: You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

Waiver and Severability of Terms: The failure of Jon to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision, nor of any other provision within this TOS. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.


15. Violations

Jon respects the intellectual property of others, and expects users to do the same. If you believe that content you own has been made accessible in a manner which violates your intellectual property rights, please notify Jon immediately using appropriate copyright "takedown" procedures.

For questions about terms of service or content of this site, contact Jon by e-mail at: jonslines@gmail.com.


All contents © copyright protected | Privacy Policy | Back to top | | Back to Jon's Blog |