Introduction

TheLiberative.com is a blog and website. Access to articles is free, although entering comments requires a visitor to log into the Disqus commenting system using one of several possible logins. Commenters are most welcome, and you are encouraged to express yourself freely. However, be responsible in what you write in your comments. In particular, make sure that none of the prohibited items listed below appear in your comments (things like spam, viruses, or abusive content).

If you find a comment on TheLiberative.com that you believe violates these terms of service, please flag the comment for the moderator to review or use my Contact Form to alert me to the specific comment.

Please Note: the below Terms of Service for TheLiberative.com Website are derived from the Terms of Service used by the folks at Automattic and made available by them at Wordpress.com Terms of Service under a Creative Commons Sharealike license. I have repurposed their ToS for my own use here. My appreciation for their work and their generosity knows no bounds. Following in their spirit, I am making my version of these Terms of Service available under the same license.

BEGIN AGREEMENT

Terms of Service

The following terms and conditions govern all use of the TheLiberative.com website (the "Website") and all content, services and products (collectively, the "Services") available at or through the Website, without exception. The Website is owned and operated by Stephen Baker as TheLiberative ("TheLiberative"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, TheLiberative.com's Privacy Policy, hereby incorporated as necessary into this Agreement) and procedures that may be published from time to time on this Website by TheLiberative (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any of its services. If these terms and conditions are considered an offer by TheLiberative, acceptance is expressly limited to these terms. The Website is available to individuals of any age.

1 – Your Participation on This Site:  If you create an account on the Website or use an external account to participate on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account. You must not describe or assign keywords in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and TheLiberative may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause TheLiberative liability. You must immediately notify TheLiberative of any unauthorized uses of your account or any other breaches of security, if such could affect TheLiberative or this Website. TheLiberative will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2 – Responsibility of Contributors:  If you comment on or post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or any other content type or format. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain abusive or offensive language, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

if you have your own website or blog, (i) you are not using your Content to advertise your website or blog or product or service (although a link to your website in a comment may be acceptable), or (ii) you are not advertising your website or blog or product or service via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods, if such methods could affect this Website in a negative manner;

you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by TheLiberative or otherwise, and

your Content and your actions in providing the Content are in full compliance with the Website's Community Guidelines, which are hereby incorporated as necessary into this Agreement.

By submitting Content to TheLiberative or to TheLiberative.com for inclusion on this Website, you grant TheLiberative a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish that Content solely (i) on this Website, (ii) for purposes consistent with this Website, and (iii) at TheLiberative's discretion. If you delete, or wish to delete, Content you have provided (whether as comments or otherwise), TheLiberative will use reasonable efforts to remove it from the Website upon receiving your request to delete (please use the Contact Form to make your request), but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, TheLiberative has the right (though not the obligation), in TheLiberative's sole discretion, (i) to refuse to accept or to remove any content that, in TheLiberative's sole opinion, violates any policy of this Website or is in any way harmful or objectionable, or (ii) to terminate or deny access to and use of the Website to any individual or entity for any reason, in TheLiberative's sole discretion. TheLiberative will have no obligation to provide a refund of any amounts previously paid by You to TheLiberative for subscription fees or donations related to this Website if your access to this Website is terminated or denied.

3 – Fees and Payments:  See How I Earn Money on This Site (hereby incorporated as necessary into this Agreement) for the Website's policy on fees, payments, donations, subscriptions, and so on, and Shipping, Taxes, Returns, Etc. (hereby incorporated as necessary into this Agreement) for the Website's policy on shipping of purchased items, taxes (on sales or otherwise), return procedures, and so on.

4 – Responsibility of Website Visitors:  TheLiberative has not reviewed, and cannot review, all of the material, including computer software, posted to the Website or linked to from the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, TheLiberative does not represent or imply that it endorses the material there posted or there linked to, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain or link to content that is offensive, indecent, or otherwise objectionable to You, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain or link to material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TheLiberative disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Further, TheLiberative has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TheLiberative.com links, and that link to TheLiberative.com. TheLiberative does not have any control over those non-TheLiberative.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-TheLiberative.com website or webpage, TheLiberative does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TheLiberative disclaims any responsibility for any harm resulting from your use of non-TheLiberative.com websites and webpages.

5 – Copyright Infringement and DMCA Policy:  As TheLiberative asks others to respect his intellectual property rights, he respects the intellectual property rights of others. If you believe that material located on or linked to by TheLiberative.com violates your copyright, you are encouraged to notify TheLiberative in accordance with TheLiberative's Copyright Policy (hereby incorporated as necessary into this Agreement), which includes material related to the Digital Millennium Copyright Act (the "DMCA") and specific contact information for such notices. TheLiberative will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TheLiberative or others, TheLiberative may, in his sole discretion, terminate or deny access to and use of the Website. In the case of such termination, TheLiberative will have no obligation to provide a refund of any amounts previously paid to TheLiberative.

6 – Intellectual Property:  This Agreement does not transfer from TheLiberative to you any intellectual property of TheLiberative or of any third party, and all right, title and interest in and to such property will remain (as between the parties) solely with TheLiberative. TheLiberative, TheLiberative.com, and all graphics and logos used in connection with TheLiberative.com may be trademarks or registered trademarks or service marks of TheLiberative or TheLiberative's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any TheLiberative or third-party trademarks or other, similarly protected material.

7 – Changes:  TheLiberative reserves the right, at his sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TheLiberative may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8 – Termination:  TheLiberative may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TheLiberative.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9 – Disclaimer of Warranties and Limitation of Liability:  Neither TheLiberative nor his suppliers and licensors, makes any warranty that the Website will be error-free or bug-free, or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

THELIBERATIVE IS PROVIDING THELIBERATIVE.COM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THELIBERATIVE DOES NOT GUARANTEE THAT THELIBERATIVE.COM WILL BE SAFE OR SECURE.

THELIBERATIVE AND THELIBERATIVE.COM ARE NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE THELIBERATIVE, AND HIS CONTRACTORS, LICENSORS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

THELIBERATIVE, AND HIS SUPPLIERS AND LICENSORS, WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THELIBERATIVE.COM, EVEN IF THELIBERATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THELIBERATIVE"S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THELIBERATIVE.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO THELIBERATIVE OR THELIBERATIVE.COM IN THE PAST TWELVE (12) MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THELIBERATIVE'S OR THELIBERATIVE.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Other Disclaimers may apply. See the Website's Other Disclaimers, which are hereby incorporated as necessary into this Agreement.

10 – General Representation and Warranty:  You represent and warrant that (i) your use of the Website will be in strict accordance with TheLiberative.com's Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

11 – Indemnification:  You agree to indemnify and hold harmless TheLiberative, his contractors, and his licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

12 – Miscellaneous:  This Agreement constitutes the entire agreement between TheLiberative and you concerning the subject matter hereof, and the Agreement may only be modified by a written amendment signed by TheLiberative, or by the posting by TheLiberative of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TheLiberative may assign his rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

END AGREEMENT

Closing Remarks

If you have anything you would like to say about these Terms of Service for TheLiberative.com, feel free to Contact Me.