Terms of Use

Welcome to Letters Blogatory! This page contains the terms of use that govern your use of my website and my privacy and cookie policy.

Contents

Disclaimer

I don’t give legal advice at Letters Blogatory. If you think you need legal advice, please talk with a lawyer. Your use of Letters Blogatory, or submissions of any comments, posts, or messages to me on this website, does not create a lawyer-client relationship between you and me. Please do not send me any information in confidence, as the attorney-client privilege will not shield the information from disclosure. Also, while I do my best to be accurate at Letters Blogatory, I may sometimes make mistakes, or the law may change over time, and so you should not rely on anything you read here as a substitute for legal advice. In short, if you need legal advice, speak with your lawyer. Letters Blogatory may be considered legal advertising under the rules of various jurisdictions.

With the exceptions noted below, all content on Letters Blogatory is © 2011-2013 Theodore J. Folkman and is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.

When you submit a post or a comment to Letters Blogatory, you own the copyright in your own work. But by submitting the post or comment, you license it to me under a Creative Commons Attribution 3.0 Unported License, and notwithstanding that license, you are authorizing me to license your work to Newstex, a content syndicator, under its standard licensing terms, and to Amazon.com under its licensing terms for Kindle publishing, with the understanding that you will not be entitled to any royalties on account of Newstex’s syndication of your work or on account of subscriptions to Letters Blogatory on Amazon’s Kindle. You also agree that I can refuse to publish the post or comment, edit the post or comment, or remove the post or comment (or refuse to remove it) from Letters Blogatory, without permission from you. I own the copyright in any collection of Letters Blogatory posts or comments.

I claim no copyright in any court decisions, pleadings, briefs, and other similar documents from publicly available court dockets that I make available on the Letters Blogatory website. Nor do I claim any copyright in any document hosted outside the lettersblogatory.com domain, unless I wrote the document to which I link. Nor do I claim any copyright in any image that I publish on Letters Blogatory, unless specifically noted.

The Letters Blogatory favicon is derived from artwork that is © 2011 by Sylvia Haber and is used with permission.

Trademark

Letters Blogatory is a registered service mark in the United States.

Your Responsibilities

As a reader, you are solely responsible for whatever use you make of posts or comments that you read on Letters Blogatory. I offer this website “as-is”, and I make no representations or warranties of any kind concerning any of its content, express, implied (to the maximum extent permitted by applicable law), statutory, or otherwise, including without limitation any warranties of title, merchantability, fitness for a particular purpose, noninfringement, the absence of latent or other defects, accuracy, or the absence of errors, whether or not discoverable.

If you submit comments or posts to Letters Blogatory, you are solely responsible for their content. By submitting a comment or a post, you warrant that by permitting the post or comment to be stored or copied in any medium or to be accessed, read, distributed, copied, or downloaded by any person, neither you nor I will infringe any person’s copyright, trademark, patent, or other intellectual property right, or disclose any person’s trade secret, and that neither you nor I will be liable to any other person for libel, slander, defamation, invasion of privacy, false light, infliction of emotional distress, interference in contractual or advantageous relations, or any other tort. You also warrant that the content that you submit does not contain any contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; that it 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); that it is not pornographic or obscene; that it does not contain threats or incite violence towards individuals or entities; and that it does not violate the privacy or publicity rights of any third party. You also agree to indemnify me against any loss or expense (including attorney’s fees) arising out of or relating to your submission of any comment or post. These warranties and indemnities are mutually agreed by you and me in writing and are effective notwithstanding paragraphs 5 and 6 of the Creative Commons license.

If you republish material from Letters Blogatory elsewhere, then you are responsible for complying with all applicable copyright laws, and in particular, for ensuring that your use of any image or other content that I have published with a post or comment complies with the license under which the image or other content has been made available or otherwise complies with applicable copyright law.

Miscellaneous terms

I reserve the right to change these terms of use without notice.

This agreement, including the exclusive choice of court clause below, is governed by the law of the Commonwealth of Massachusetts, without regard to its conflict of laws rules.

In the event of any dispute arising out of or relating to your use of the Letters Blogatory website, these terms of use, or the interpretation, breach, termination, or validity or invalidity thereof, no actions, suits, or other proceedings arising out of or relating to the dispute may be brought except in a court of competent jurisdiction sitting in Boston, Massachusetts, and in any such action, suit, or other proceeding brought in such a court, you and I waive all defenses of lack of personal jurisdiction, all objections to venue, and all forum non conveniens or similar defenses. But if such an action, suit, or other proceeding brought in such a court results in a judgment, supplementary proceedings or an action for recognition and enforcement of the judgment may be brought in any court of competent jurisdiction, wherever located.

These terms of use are a complete and final statement of the agreement between you and me, and neither of us have relied on any representations not contained in this agreement in deciding to enter into this agreement.