Terms Of Service

Terms of Service, The gist:

We (the folks at TomSlatin.com) run a blog called TomSlatin.com and would love for you to read and subscribe to it. TomSlatin.com’s basic service is free, and we offer paid upgrades for advanced features and content only available to paid subscribers.

(If this terms of service looks familiar, we copied the below Terms of Service from WordPress.com, which at the time of publishing here, was available under a Creative Commons Sharealike license. Surely WordPress.com spent a lot of money and time on the below, and thanks to them, we did need to do the same.)

Terms of Service:

The following terms and conditions govern all use of the TomSlatin.com website and all content, services, and products available at or through the website, including, but not limited to, the webmail service, (taken together, our Services). Our Services are 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, The Comment Policy) and procedures that may be published from time to time by TomSlatin.com (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. If you reside in the United States, your agreement is with TomSlatin.com, United States of America.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, 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 or use any of our services. If these terms and conditions are considered an offer by TomSlatin.com, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use, or use any of our Services. Any person who registers as a user, uses our services, or provides their personal information to our Services represents that they are 13 years of age or older.

Use of some of our Services requires an account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. TomSlatin.com.

  • Your Account and Website. If you create an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with this website and/or blog. You must immediately notify TomSlatin.com of any unauthorized uses of your account, or any other breaches of security. TomSlatin.com 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.
  • Responsibility of Contributors. If you comment on this blog, post material to TomSlatin.com post links on TomSlatin.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using TomSlatin.com, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to TomSlatin.com for inclusion on this blog or website, you grant TomSlatin.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting content. This license allows TomSlatin.com to make publicly-posted content available to third parties selected by TomSlatin.com so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other TomSlatin.com users permission to view your Content on TomSlatin.com owned websites and blogs and share Content (aka to reblog your Content), so long as they use only a portion of the Content and they give credit as the original author/contributer by linking back to the page(s) where the Content originated. If Content is deleted, TomSlatin.com you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, TomSlatin.com has the right (though not the obligation) to, in TomSlatin.com’s sole discretion, (i) refuse or remove any content that, in TomSlatin.com’s reasonable opinion, violates any TomSlatin.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of TomSlatin.com to any individual or entity for any reason. TomSlatin.com will have no obligation to provide a refund of any amounts previously paid.
  • Web Traffic. We obsess over measure TomSlatin.com’s audience and usage.
  • HTTPS. We offer free HTTPS on all TomSlatin.com sites by default, including subdomains, via Let’s Encrypt.
  • Advertisements. TomSlatin.com reserves the right to display advertisements on its blog, even to those who have purchased a VIP Service account.
  • Attribution. TomSlatin.com reserves the right to display attribution text or links on its site footer or toolbar, attributing TomSlatin.com or the theme author, for example.
    • General Terms.
      Optional paid services are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay TomSlatin.com the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Remember, TomSlatin.com will have no obligation to provide a refund of any amounts previously paid.
    • Automatic Renewal.
      Unless you cancel before the end of the applicable subscription period, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any applicable taxes) using any credit card or other payment mechanism we have on record for you. It is your sole responsibility to cancel such Upgrade(s). By signing up for an Upgrade service account, you agree to abide by these terms and conditions.

2. Responsibility of Visitors.

TomSlatin.com has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, TomSlatin.com 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. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services 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. TomSlatin.com disclaims any responsibility for any harm resulting from the use by visitors of our Services, 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 TomSlatin.com links, and that link to TomSlatin.com. TomSlatin.com does not have any control over those websites, which are beyond our control and/or ownership, and is not responsible for their contents or their use. By linking to a website or blog outside of TomSlatin.com, TomSlatin.com does not represent or imply that it endorses such website. 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. TomSlatin.com disclaims any responsibility for any harm resulting from your use of websites and webpages.

6. Copyright Infringement and DMCA Policy.

As TomSlatin.com 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 TomSlatin.com violates your copyright, you are encouraged to notify us. TomSlatin.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. TomSlatin.com 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 TomSlatin.com or others. In the case of such termination, TomSlatin.com will have no obligation to provide a refund of any amounts previously paid to TomSlatin.com.

7. Intellectual Property.

This Agreement does not transfer from TomSlatin.com to you any TomSlatin.com or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with TomSlatin.com. TomSlatin.com, and all other trademarks, service marks, graphics and logos used in connection with TomSlatin.com or our Services, are trademarks or registered trademarks of TomSlatin.com or TomSlatin.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any TomSlatin.com or third-party trademarks.

10. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will do so and post the updated notice here, and will take effect immediately. If you disagree with our changes, then you should stop using our Services. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

11. Termination.

TomSlatin.com may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TomSlatin.com account (if you have one), you may simply discontinue using our Services. 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.

12. Disclaimer of Warranties.

Our Services are provided “as is.” TomSlatin.com 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 TomSlatin.com nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, you are a very smart person. Thank you! You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

13. Limitation of Liability.

In no event will TomSlatin.com, 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 for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that were paid by you to TomSlatin.com under this agreement. TomSlatin.com 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.

14. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with all TomSlatin.com Policies, 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 our Services will not infringe or misappropriate the intellectual property rights of any third party.

15. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and TomSlatin.com reserve the right to terminate accounts or access of those in the event of a breach of this condition.

16. Indemnification.

You agree to indemnify and hold harmless TomSlatin.com, 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 our Services, including but not limited to your violation of this Agreement.

17. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

18. Miscellaneous.

This Agreement constitutes the entire agreement between TomSlatin.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TomSlatin.com, or by the posting by TomSlatin.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of New York, 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 New York. 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 New York State, 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; TomSlatin.com 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.

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