Friday, April 13, 2007

Living Life On Tap - Volume 16

Want More Free Art? ...Visit the new angelis deZines on the web at www.jeremycrow4life.com/angelisdezines or check out my galleries at CherryTap

This is a reposting of the CherryTAP.com Terms of Use Agreement that hopefully people will read since they already agreed to it ... {with my commentary in these things}

Updated August 23, 2006

CherryTAP.com is a social networking service that allows members to create unique personal profiles online in order to find and communicate with old and new friends. The service is operated by CherryTAP.com, ("CherryTAP.com"). By using the CherryTAP.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the CherryTAP.com services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process. {easy enough ... You sign up then you agree to this ... standard practice online}

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. CherryTAP.com may modify this Agreement from time to time and such modification shall be effective upon posting by CherryTAP.com on the Website. {Um ... Posted to where ... this is from August 06' and I am sure things have changed a ton} You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes CherryTAP.com's

policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and CherryTAP.com'sPrivacy Policy. {Most people don't read the privacy policy either and it is really important}

Please choose carefully the information you post on CherryTAP.com and that you provide to other Members. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. {wonder how many people have noticed this part? hmmmm?} Information provided by other CherryTAP.com Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and CherryTAP.com assumes no responsibility nor liability for this material. {standard practice but doesn't always pan out that way legally ... that is why they need to monitor what people are doing because ownership of the actually storage area often makes them liable anyway ... it's why I support the NSFW policies, because I understand}

CherryTAP.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability. {people should note this part before they have their temper tantrums about things}

By participating in any offline CherryTAP.com event, you agree to release and hold CherryTAP.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline CherryTAP.com event. {aka ... booty calls}

  1. Eligibility. Membership in the Service is void where prohibited. {China and most communist countries or dictatorial regimes} By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. {yanno at least 70% of the people on Cherry missed this part} You further represent and warrant that you are 18 years of age or older and that your use of the CherryTAP.com shall not violate any applicable law or regulation. {aka drug use and child molesting ... duh} Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. {damn that eliminates most of the Red People} You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members {aka ... waaaaaah someone else was using my profile and did that!}.
  2. Term/Fees. This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time. CherryTAP.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to CherryTAP.com. By using the Service and by becoming a Member, you acknowledge that CherryTAP.com reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement {Get it?} .
  3. Non Commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of CherryTAP.com. {In other words you should ask to post links to your commercial sites instead of whining about those that already have} Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. {Don't spam people jackass} Appropriate legal action will be taken by CherryTAP.com for any illegal or unauthorized use of the Website.
  4. Proprietary Rights in Content on CherryTAP.com. CherryTAP.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of CherryTAP.com and its licensors. {except for legally parodied material See Title 17 U.S.C. Section 107 for more info on fair use laws} Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. {we'll see if they consider this to be}
  5. Content Posted on the Site.

    a. You understand and agree that CherryTAP.com may review and delete any content, messages, CherryTAP.com Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of CherryTAP.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. {naturally}
    b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members. {works for me}
    c. By posting any Content to the public areas of the Website, you hereby grant to CherryTAP.com the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. {hmmm .. they need to revise this part for it is a bit narrow in it's scope as it pertains to CherryPhotos and CherryStash} This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights {like say using a models picture instead of your own?}, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.
    d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. CherryTAP.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; {well that eliminates a lot of people's blogs doesn't it?} ii. harasses or advocates harassment of another person; {that sounds familiar too} iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; {damn take down the bulletins LOL} iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; {nobody here does that do they?} v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; {kinda amazed I don't see any of this actually} vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; {that's just creepy and sad anyway} viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes. {because quite a few of the people here will fall for them unfortunately}
    e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
    f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although CherryTAP.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, CherryTAP.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which CherryTAP.com deems appropriate in its sole discretion. {spam spam spam}
    g. You may not cover or obscure the banner advertisements on your personal profile page, or any CherryTAP page via HTML/CSS or any other means.
    h. Any automated use of the system, such as using scripts to add friends, is prohibited. {by most people's account of this rule it means ... unless I think you are cool}
    i. You may not attempt to impersonate another user or person who is not a member of CherryTAP.com. {yeah Goldie!}
    j. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. {so perhaps when you get burned by doing this you shouldn't whine about it as much as most people do}
    k. You may not sell or otherwise transfer your profile.

  6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of CherryTAP.com to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to CherryTAP.com by the copyright owner or the copyright owner's legal agent. {bullshit, just watch the scrawl to see that almost every copyrighted model has someone using their pictures here illegally and without copyright} Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. CherryTAP.com'sCopyright Agent for notice of claims of copyright infringement can be reached via email as: copyright@CherryTAP.com. { I don't personally have time to get these things for you but sooner or later a copywriting agency will show up and want to talk to the owners of the storage about it I am sure ... the legal way around this is to get people to alter them first and then it is Title 17 U.S.C. Section 107 for more info on fair use laws}
  7. Member Disputes. You are solely responsible for your interactions with other CherryTAP.com Members. CherryTAP.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members. {in other words ... Bouncers are not to get involved with peoples drama}
  8. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy. {again most people don't read the privacy policy either and it is really important}
  9. Disclaimers. CherryTAP.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. CherryTAP.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. CherryTAP.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. CherryTAP.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall CherryTAP.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and CherryTAP.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CherryTAP.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. {don't blame us ... we'll blame you}
  10. Limitation on Liability. IN NO EVENT SHALL CHERRYTAP.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF CHERRYTAP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHERRYTAP.COM.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO CHERRYTAP.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. {like refunding people for bulletins deleted?}
  11. U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. {standard policy based on the federal governments concern that encryption algorithms be exported for sending secret data against any given government ... Microsoft goes through this with Internet Explorer too}

  12. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles. {as in ... sure sue us but you have to travel here to do it ... nya nya}
  13. Indemnity. You agree to indemnify and hold CherryTAP.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. {oops ... that makes it sue proof now ... talk about redundancy}
  14. Other. This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and CherryTAP.com regarding the use of the Website and/or the Service. The failure of CherryTAP.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. {here's the rub ... as in we are not obligated to follow our own TOS but it is standard on all TOS} The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. CherryTAP.com is a trademark of Social Concepts, Inc...

    I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. {see you did agree whether you read it or not or you aren't reading this}

My conclusions if you care to hear them and are still awake ...

It's pretty simple actually, but the rule of law is in the ownership angle of it all. CherryTAP or whatever company holds the ownership this week has all rights and ownership of ANYTHING that you willingly put on it's storage space. It's common law and it is common sense. There is almost nothing that CherryTAP can do to keep Google and the other search engines from spidering their site so anything you post on CherryTAP will be available to non CherryTAP users whether you like it or not UNLESS you place it in private directories, but even then it is not safe. The Search Engines get better at getting at stuff every day, so even that is not completely a guarantee. By keeping strict NSFW rules then the owners of CherryTAP are at least showing a willingness to correct these issues and are giving the plausibility that they are working to keep certain things out of the reach of children and thus protecting their own asses, as they should. Nothing that is posted in the TOS or anything that I have said is going to keep anyone from crying like babies about everything, but at least it is a good guide for labeling people cry babies. If you don't like it, then turn the computer off ;8o)

Other Crap This Weirdo Publishes... Mental Notes& Random Musings {Daily Blog} The Crow's Nest {The Homepage of J~ Crow}

Nothing that was printed here was intended to offend anyone, and if it did, fuck ya, you begged for it. If you believe that there are some measures that can be taken to change me, then please feel free to pray for me, and while you are at it yourself, because you read this far, and if you hated every minute of it, then you are an idiot, not me, or the other people who like what I have to say! .. Jeremy

All writings Copyright © 2007

Jeremy Fink and The Crow's Nest