Conditions for Use of the Blog
The Blog is intended for persons who are 18 or older. If you are under 18, do not access or use the Blog. The Blog is offered subject to your acceptance without modification of all of the terms and conditions contained in this Agreement. By accessing or using any part of the Blog, you agree to be bound by the terms and conditions of the Agreement as such terms and conditions may be modified by us from time to time in our sole discretion. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, THEN DO NOT ACCESS OR USE THE BLOG. Please check this Agreement periodically for changes. Your continued access or use of the Blog following any changes to the Agreement constitutes your acceptance of those changes.
Copyright and Intellectual Property
The Blog and all of the articles, reviews, comments, logos, sounds, and other materials on the Blog, including the “look and feel” of the Blog (collectively “Blog Content”), are protected by copyright and other intellectual property laws. You may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any Blog Content without our express written permission. If you wish to request permission to use any Blog Content, please email your request to us at firstname.lastname@example.org
Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that any Blog Content infringes upon your copyright, please notify us by email at email@example.com . Your notice should include (a) a description of the copyrighted work that you claim has been infringed; (b) the URL where the allegedly infringing Blog Content is located; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on our Blog is not authorized; (e) your physical or electronic signature; and (f) a statement that you are the copyright owner or an authorized agent of the copyright owner.
In exchange for our providing you with this platform for expression and with potential exposure to Thetoolsman’s Blog readers, which you agree is valuable consideration, you grant us a non-exclusive, perpetual, worldwide, royalty-free license to use, publish, reproduce, modify, adapt, license, sublicense, distribute, sell, perform, translate, and display your Content (including any drawings, images, sounds, video recordings, or other data embedded in your Content and including adaptations or derivative works based on your Content) for any purpose, in any language, and in any manner or medium (now existing or hereafter developed) (the “Rights”). All Rights granted to us pursuant to this Agreement are irrevocable and vest immediately upon publication of your Content on Thetoolsman’s Blog. You retain ownership of the copyright in your Content, subject to the rights granted to us in this Agreement.
We do not wish to receive or hold any materials from you in confidence. Therefore, you agree that no confidential relationship or obligation of secrecy is established between you and us with respect to your Content. You irrevocably agree not to assert any claim of idea appropriation, misappropriation, or any other similar claims of any kind with respect to your Content.
We may publish without restriction other content on the same or similar topics as that of your Content. We make no representations, warranties, or promises whatsoever regarding the nature or level of exposure that you or your Content will receive through Thetoolsman’s Blog, and you agree that we have no obligation to you under this Agreement, or under any law, or in equity, in connection with any of your Content that we may use. We expressly disclaim all warranties of any kind, express or implied including, without limitation, any warranty of merchantability, quiet enjoyment, or fitness for a particular purpose.
If you wish to have your Content published anonymously, please advise us (we will still need your real name and email address). While we will endeavor to honor requests to publish content anonymously, we make no guarantee that your Content will be published anonymously and we disclaim any responsibility whatsoever for any harm resulting from not publishing your Content anonymously. Moreover, even if your Content is published anonymously, we make no guarantee that your identity will remain anonymous and we disclaim any responsibility whatsoever for any harm resulting from the intentional or unintentional disclosure of your identity.
You understand that Thetoolsman’s Blog receives significant traffic and is accessible to anyone on the Internet. You should not provide us with any Content that is private, infringing of someone else’s intellectual property rights, or defamatory. Anything posted on Thetoolsman’s Blog will be available to anyone on the Internet. You are solely responsible for any legal or other repercussions that occur as a result of your Content posted on Thetoolsman’s Blog. We assume no responsibility or liability, which may arise from your Content. We are under no obligation to modify or delete your Content once it is posted on Thetoolsman’s Blog, but reserve the right to do so in our sole discretion.
Disclaimer of Warranties
The Blog may contain material that is offensive or otherwise objectionable, as well as material containing technical inaccuracies, typographical mistakes, and other errors. We disclaim any responsibility for any harm resulting from access or use of the Blog. The Blog and all Blog Content are provided “AS IS” to the full extent permitted by law. This means that we do not warrant that the Blog or the Blog Content are (a) fit for any particular purpose; (b) uninterrupted or error-free; or (c) free of defamatory, offensive, or illegal material or defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to your computer, computer network, or mobile device. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE BLOG SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE BLOG IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.
Limitation of Liability
NEITHER WE NOR OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE BLOG OR BLOG CONTENT INCLUDING, BUT NOT LIMITED TO, (A) DAMAGES CAUSED BY DEFAMATORY, OFFENSIVE, OR ILLEGAL MATERIAL, (B) DAMAGES CAUSED BY VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS ACCESSED THROUGH THE BLOG, AND (C) DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless, and release us and our respective officers, directors, members, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs, and expenses including, but not limited to, reasonable attorney’s fees arising from or related to your access, use, or misuse of the Blog.
The Blog may include links to other webBlogs that are not owned or operated by us. We do not have any control over these third party webBlogs and are not responsible for any information, functionality, or content accessed through such webBlogs. By linking to third party webBlogs, we do not represent or imply that we endorse such webBlogs. You are responsible for taking the necessary precautions to protect yourself and your computer from viruses, worms, and other harmful or destructive content that may be accessible through such web Blogs. We disclaim any responsibility for any harm resulting from your use of third party webBlogs.
We reserve the right, in our sole discretion, to modify or replace any part of the Agreement. It is your responsibility to check the Agreement periodically for changes. We may also, at any time and for any reason in our sole discretion, modify or discontinue the Blog or Blog Content or terminate or restrict your access to the Blog.
This Agreement shall be interpreted, construed and enforced in accordance with the laws Lagos state, Nigeria without regard to conflict/choice of law principles. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in the Agreement are for convenience only.
Effective: October 5, 2010