Agreement between User and Lost Voice Of A Lark
Welcome to the Blog Lost Voice Of A Lark. This Blog/Website is comprised of various web pages operated by M. Robbins. This blog is offered to you the reader on condition of your acceptance without modification of the terms, conditions, and notices contained herein (The “Terms”). The use of this Blog/Website constitutes your agreement to all such terms. Please read these Terms carefully.
Http://robbinspoems.blogspot.com is a Blog/Website.
The purpose of this blog is for the writer to share their written works with the public, for free without the public altering or claiming the works as their own. Everything in this blog has been copyrighted by the writer and those who have contributed to this Blog/Website.
This Blog/Website is not for people to partake in harassment, cyberstalking, bullying, or theft of works.
Terms are as Follows
No Unlawful or Prohibited Use/Intellectual Property
You are granted access to this Blog/Website with a non-exclusive, non-transferable, revocable license to read the written digital works herein Http://robbinspoems.blogspot.com strictly per these terms of use. As a condition of your use of this Blog/Website, you warrant to M. Robbins/LVOL that you will not use the Blog/Website for any purpose that is UNLAWFUL or prohibited by these Terms. You may not use the Blog/Website in any manner which could damage, disable, overburden, or impair the Blog/Website or interfere with any other party’s use and enjoyment of the Blog/Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for or through the Blog/Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of M. Robbins, LVOL, and Contributors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Blog/Website. M. Robbins/LVOL content is not for resale or alteration. Your use of the Blog/Website does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without express written permission of M. Robbins/LVOL and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of M. Robbins/LVOL, contributors, or our licensors except as expressly authorized by these Terms.
International Users
The service is controlled, operated, and administered by M. Robbins/LVOL from a home office within the USA. If you access the service from a location outside of the USA, you are responsible for compliance with the local laws. You agree that you will not use M. Robbins/LVOL content accessed through the http://robbinspoems.blogspot.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Electronic Communications
Visiting http://robbinspoems.blogspot.com or sending emails to M. Robbins/LVOL constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via e-mail, and on the Blog/Website via contact form or comment section, satisfy any legal requirement that such communications be in writing. You agree that if you shall be malicious and hostile in any format on this Blog/Website or email, that M. Robbins/LVOL have a right to pursue legal actions.
Links To Third Party Sites/Third Party Services
Http://robbinspoems.blogspot.com may contain links to other Websites (“Linked Sites”). The linked sites are not under the control of LVOL/M. Robbins and LVOL/M. Robbins is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LVOL/M. Robbins is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LVOL/M. Robbins of the site or any association with its operators.
Certain services made available via http://robbinspoems.blogspot.com are delivered by third-party sites and organizations via Google, Blogger, Facebook. By using any product, service, or functionality originating from those domains, you hereby acknowledge and consent that LVOL/M. Robbins is not responsible for your information, Thereas LVOL/M. Robbins is not the Third-party content creator or operator.
Indemnification
You agree to indemnify, defend and hold harmless LVOL/M. Robbins for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Blog/Website or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. LVOL/M. Robbins reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LVOL/M. Robbins in asserting any available defenses.
In other words – if you should harass, cause harm in any way, LVOL/ M. Robbins has the right to pursue legal litigation.
Arbitration
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and the judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions ARE NOT permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and LVOL/M. Robbins agrees otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, GRAPHICS, TEXTS, LITERARY, BLOG/WEBSITE, AND SERVICES INCLUDED IR OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LOST VOICE OF A LARK AND/OR ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LOST VOICE OF A LARK AND ITS CONTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, GRAPHICS, TEXTS, LITERARY CONTAINED ON THE BLOG/WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, ALL SUCH INFORMATION, TEXT, GRAPHICS, LITERARY, SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LOST VOICE OF A LARK AND/OR ITS CONTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS ABOUT THIS INFORMATION, TEXTS, GRAPHICS, LITERARY, SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BE LOST VOICE OF A LARK AND/OR IT’S CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OF GOOGLE, FACEBOOK, BLOGGER ACCOUNTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BLOG/WEBSITE, WITH THE DELAY OR INABILITY TO USE ACCOUNTS AND SERVICES. WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOST VOICE OF A LARK OR ANY OF ITS CONTRIBUTORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Terminations/Access Restriction
LVOL reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by the law, this agreement is governed by the laws of the Commonwealth and the states of Pennsylvania, New York, New Jersey and you hereby consent to the exclusive jurisdiction and the venue of the courts in Pennsylvania, New York, and New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LVOL as a result of this agreement or use of the Site, LVOL’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LVOL/M. Robbins’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LVOL/ M. Robbins concerning such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LVOL/M. ROBBINS concerning the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LVOL/M. ROBBINS concerning the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
LVOL/M. ROBBINS reserves the right, in its sole discretion, to change the Terms under which http://robbinspoems.blogspot.com is offered. The most current version of the Terms will supersede all previous versions. LVOL/M. ROBBINS encourages you to periodically review the TERMS to stay informed of our updates.
In summary, these terms are in actuality to protect LVOL/M.ROBBINS and the contributors from harassment, bullying, cyberstalking, and theft of work.
