Terms of Service

The gist:

We the people with Burt Gordon (‘We’, ‘Us’, ‘I’) run this blog called Islandcolors and would love for you to use it. Our basic service is free, and we offer paid upgrades for specific premium  content. Our service is designed to allow and encourage you to express yourself freely. However, be responsible in what you publish on your comments. In particular, make sure that none of the prohibited items listed below appear in your comments (things like spam, viruses, or hate content).

(Note, the below Terms of Service available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and re-purpose it for your own use, just make sure to replace references to us with ones to you, and if you want who created this terms of service would  appreciate a link to WordPress.com somewhere on your site. They spent a lot of money and time on the below, and other people shouldn’t need to do the same.)

Terms of Service:

The following terms and conditions govern all use of the Islandcolors.com website and all content, services and products available at or through the website. The Website is owned and operated by Islandcolors. (“Islandcolors”). 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, Islandcolors.com Privacy Policy) and procedures that may be published from time to time on this Site by Islandcolors (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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 services. If these terms and conditions are considered an offer by Automattic, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. By submitting Comments or Content to Islandcolors for inclusion on to the Website, you grant Islandcolors a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Comments or Content solely for the purpose of displaying, distributing and promoting your blog. If you delete your Comments or Content, We will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Comments or Content may not be made immediately unavailable.
2. Responsibility of Website Visitors. Islandcolors has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Islandcolors does not represent or imply that it endorses the material there posted, 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 content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain 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. We 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.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Islandcolors.com links, and that link to Islandcolors.com. We do  not have any control over those  websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, We 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. We disclaims any responsibility for any harm resulting from your use of other websites and webpages that may link to us.
4. Copyright Infringement and DMCA Policy. As We asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Islandcolors.com violates your copyright, you are encouraged to notify us in accordance with Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Islandcolors or others.
5. Intellectual Property. This Agreement does not transfer from Islandcolors to you any Islandcolors or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Us.
6. Changes. We reserves the right, at its 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. We  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.
   
7. Termination. We 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.   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.
   
8. Disclaimer of Warranties. The Website is provided “as is”. Islandcolors and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Islandcolors nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability. In no event will Islandcolors, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data;  We shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Islandcolors 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 Islandcolors, its contractors, and its 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 Islandcolors and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Islandcolors, or by the posting by Islandcolors 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; Islandcolors may assign its 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.

Last Modified: May 29th, 2011