Please read “Privacy Policy”
The Terms Of Use below is modeled on that created by Glenn Reynolds, the Instapundit, and is being used with his permission. Also a big Thank You to Dailypundit, Bill Quick, for his help.
Most websites have “Terms Of Use”. Some of them are kind of intrusive, but in general they’re upheld by the courts. What follows are the Terms of Use for this site.
By reading, linking to, quoting, printing out, or in any way making use of my weblog’s content in any means, place, or forum, you agree to the following:
1. All original content of Big Mouth Frog is copyrighted by Big Mouth Frog’s owner, presently Jeremiah, and is not to be used without permission except as provided herein. In using Big Mouth Frog you recognize that Big Mouth Frog is primarily a guide to content on the Web, that all content is provided on an as-is basis, and that no factual statement on this site should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that it is true. These terms of use are subject to change, and should be reviewed regularly.
2. Permission is granted to read, quote, cite, link to, print out or otherwise use Big Mouth Frog content, so long as you comply with the terms below.
A. All quotations from Big Mouth Frog will include credit to Big Mouth Frog or to Jeremiah and, wherever practicable, a hyperlink of the form http://www.BigMouthFrog.org … to the site.
B. In exchange for the access to Big Mouth Frog content described above, you agree not to sue Big Mouth Frog for its content, whether original or linked or quoted from another source, in any court, on any grounds whatsoever in law or equity. Should you violate this agreement by filing such a lawsuit, you agree to pay Big Mouth Frog’s owner or owners the sum of one million dollars ($1,000,000) as liquidated damages, in addition to all attorney’s fees, court costs, and other expenses associated with this litigation, and to indemnify and save harmless Big Mouth Frog and its owners from any damage award made against them in such an action. Should this agreement not to sue be held unenforceable by a court of competent jurisdiction, you agree to binding arbitration, with all arbitration expenses to be paid by you. The arbitration panel shall be composed of three (3) weblog operators selected by Big Mouth Frog’s owners or operators.The award in such arbitration shall be limited to (1) a monetary sum not to exceed $10; and (2) the publication of a retraction on the Big Mouth Frog site. Should this arbitration provision be held unenforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against Big Mouth Frog the sum of ten dollars ($10), and you agree that you will be entitled to no other relief of any kind in law or equity. You agree that all disputes concerning these terms of use or the content of Big Mouth Frog are to be resolved in the courts of Redding, California, under the laws of California and the United States of America.
C. You agree that efforts to obtain Big Mouth Frog content in violation or circumvention of these terms of use constitute a violation of Big Mouth Frog’s copyright and you understand and agree that (1) by virtue of this agreement you are estopped from arguing otherwise: and (2) such violations may lead to civil or criminal penalties.
D. If you are a corporation, you agree to provide, upon the filing of any lawsuit or the mailing of any letter threatening legal action, a bond in the amount of one million dollars ($1,000,000) as security against the liquidated damages provided for in paragraph 2.B. above. If you are an attorney or law firm representing a party filing such lawsuit or causing such a letter to be sent, you agree to provide a bond in the same amount as security against the liquidated damages provided for in paragraph 2.B. above unless you have never accessed, viewed, read, or otherwise made use of Big Mouth Frog content in any form.
E. I welcome your views and encourage lively — but civil — discussion. Comments are unedited, but submissions reported as abusive may be removed. By posting a comment, you affirm and agree to this sites Privacy Policy and Terms Of Use posted at the top of the Home page.
3.If you do not agree to these terms of use, exit the site immediately, destroy all copies of Big Mouth Frog content remaining in any form on your computer, any other computer or network device under your control, in print form, or on any information storage or retrieval device that you possess or control. Then execute the following affidavit and send it by certified mail to Big Mouth Frog.Org, Legal Department, PO Box 4520, Shingletown, CA 96088:
Affidavit
I hereby certify under penalty of perjury that I possess no copies of the Big Mouth Frog website in any form whatsoever; that neither I nor any employee or associate will access that site in the future in any form whatsoever; that I will immediately destroy any copies of Big Mouth Frog content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the Big Mouth Frog Terms of Use, subjecting me to possible civil and criminal liability.
_________
Signed (include date)
_________
Witnessed (notary)
Notary Seal:
My commission expires: ______________
