Your Use of This Web Site Is Governed by These Terms of Service (TOS)
Please take some time to review these Terms of Service. In consideration of your use of and access to this Internet site (the “michaelkrotchie.com web site”), and the promises and obligations herein, and intending to be legally bound, YOUR USE OF THE MICHAELKROTCHIE.COM WEB SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THESE RULES AND TO BE BOUND BY THEM. If you do not agree with any of these Terms of Service, do not use the MICHAELKROTCHIE.com web site. For the sake of these conditions the use of the term ‘members’ is taken to mean persons reading/commention on my website/blog or who have already done so and relates to you if you are intending to use this website.
This Web Site Is Owned and Operated by Michael Krotchie
For the purposes of these Terms of Service MICHAELKROTCHIE.com is owned operated by myself, Michael Krotchie. Email legal AT michaelkrotchie.com (replacing the AT with the symbol @ - and no spaces)
These Terms of Service May Change
I reserve the right to update or modify these Terms of Service at any time without prior notice. Your use of the michaelkrotchie.com web site following any such change constitutes your agreement to follow and be bound by the Terms of Service as changed. For this reason, we encourage you to review these Terms of Service whenever you use this Web site.
Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by myself of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by myself, and I am not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
Any hyperlinks to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.
You may produce, electronically upload and maintain certain types of files on michaelkrotchie.com/blog/.
You hereby warrant that all files uploaded shall be owned or properly licensed by you and shall not adversely impact the services or violate any rights of any third parties. You are responsible for ensuring that all uploaded files will function properly and as intended. You are responsible for all activity originating from your blog , unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your blog that may be put on by a third party.
You agree to not use my blog to: (a) upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy (incl. the publication of personal information such as private addresses or telephone number(s) against the wishes of the person concerned), hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a blogsome.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (i) “stalk” or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons; (l) use the site to host adult images for sites hosted on blogsome.com or other domains.
All complaints of abuse, violation and misuse of by blog users, whether described in this Section 4 or otherwise, shall be investigated. If you are not sure if your actions will be an abuse, violation or misuse, please ask first. You are responsible for all use of website, with or without your knowledge or consent. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. When michaelkrotchie.com becomes aware of possible violations of this Agreement, michaelkrotchie.com may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on michaelkrotchie.com servers. michaelkrotchie.com, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD MICHAEL KROTCHIE HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY MICHAELKROTCHIE.COM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM MICHAELKROTCHIE.COM AS A RESULT OF MICHAELKROTCHIE.COM’S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MICHAELKROTCHIE.COM’S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also redistribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain. You are prohibited from distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. You may not post, upload or otherwise distribute copyrighted material on michaekrotchie.com servers without the consent of the copyright holder.
Users of this website expressly agrees that use of michaekrotchie.com web site is at the user’s sole risk. Neither myself, nor affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that the michaekrotchie.com web site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of michaekrotchie.com web site.
Whilst every effort has been made to ensure the accuracy of the information and material contained on the www.michaekrotchie.com web site, I assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided on the michaekrotchie.com web site or service, or merchandise provided through the michaekrotchie.com web site and does not accept any liability whatsoever arising from any errors or omissions.
THIS SITE IS PROVIDED BY MICHAEL KROTCHIE ON AN “AS IS” AND “AS AVAILABLE” BASIS. I MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MICHAEL KROTCHIE NOR AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall Michael Krotchie, suppliers or their respective directors, officers, employees or agents or any other party involved in creating, producing, or distributing the michaekrotchie.com web site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the michaekrotchie.com web site, including but not limited to reliance by a user on any information obtained from michaekrotchie.com web site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Michael Krotchie’s records, programs, or services, whether or not damages are based on statute, contract, tort, or any other legal cause, and whether or not Michael Krotchie is advised of the possibility of such liabilities. Users of the michaekrotchie.com blog hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the michaekrotchie.com web site. Because some countries and states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and states liability is limited to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless Michael Krotchie, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the michaekrotchie.com. The foregoing indemnification obligation shall survive termination of these Terms and the michaekrotchie.com web site and any product or service provided to you arising out of or relating to your use of the michaekrotchie.com web site.
Michael Krotchie respects your right to privacy. As part of the operations of the michaekrotchie.com web site I will retain certain information including your name, e-mail address and IP address. Your information will be held by me (or its successors, assigns or purchasers). This information is private unless the member chooses to share the information with members of the public.
By using the michaekrotchie.com web site, you consent to the collection and use of this information by Michael Krotchie. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.
Michael Krotchie shall not be liable for any non-performance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Any disputes, claims or proceedings arising out of or in any way relating to the michaelkrotchie.com web site shall be governed by the laws of The United States. United States Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the michaelkrotchie.com web site. Without prejudice to the foregoing, Michael Krotchie may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in the US and I may bring enforcement proceedings in another state on foot of an US Court judgement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
We welcome your questions and comments on these Legal Terms of Service. If you have any questions or comments specifically relating to our Terms of Service please email to legal AT michaelkrotchie.com (repalce the AT with the symbol @ - no spaces).
