Terms of Use

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Flap has been receiving some snarky and profane comments lately so he must be doing something RIGHT!

Some speech is appropriate and some is NOT.

Thanks to La Shawn Barber and Michelle Malkin for paving the way for a strict but fair terms of use and comment policy.

The Flap’s California Blog Terms of Use and Comment Policy

1. Do NOT call Flap names. Do NOT insult me, tell me to F**k Off or otherwise offend me. Do NOT call me an idiot or
stupid and if you disagree with something Flap has written then you MUST explain why.

Do NOT call other commenters names or otherwise offend them. You MAY attack their arguments but not the person.

2. I AM the KING on http://flapsblog.org because this is MY BLOG. I pay for it and therefore make the rules.

You have no First Amendment rights on this blog. My right to free speech is protected on this site, not yours.

Mini-civics lesson: The First Amendment restricts government, not private citizens, from infringing on your right to free speech. On this blog, your speech is a privilege. On your blog, your speech is a right. Learn the distinction.

3. No profanity or quasi-profanity on this blog. No vulgar references are allowed either. If in doubt – leave it out.

4. Stay on-topic. While Flap won’t OFTEN delete off-topic comments, he prefers they be relevant to the post. If you have an off-topic question or issue, e-mail Flap.

5. I reserve the right to edit or delete any comment for any reason.
If Flap edits your comment, most of the time Flap will add a notation, such as “Edited by Flap” or “Nice try, Troll!” Often times Flap will just delete the whole post and either warn or ban you.

6. You get one warning before you are banned, although there are exceptions.
If your post is especially flaunting of the rules, Flap will just BAN you. Being BANNED from my domain means your ISP is blocked from accessing the entire site.

7. I prefer real names, but if you are anonymous or use an alias for privacy, that’s OK (As if I’d know anyway, right?).

8. Trackbacks leading to offensive posts where I’m the subject will be deleted.

9. I do not own your comments and I expressly disclaim any and all liability that may result from them. By commenting on my site, you agree that you retain all ownership rights in what you post here and that you will relieve me from any and all liability that may result from those postings. You further agree to grant me a worldwide, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to store, use, transmit, display, publish, reproduce, or otherwise distribute your comments without limitation, as well as to make such additional uses of them as may be needed by me.

10. Unless otherwise noted, and subject to the provisions below, everything you see and hear on flapsblog.org, except advertisements, is either owned by or licensed to me subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. I reserve all rights in and to this material that have not been expressly granted to third parties.

11. Notwithstanding #10 above, I may occasionally post text, graphics, photos, audio, or video which I neither own nor have a license to use if I believe in good faith that the use of such material constitutes fair use as defined by Section 107 of Title 17 of the United States Code, as amended. If you hold the copyright to any such work and believe that my use fails to qualify for protection under Section 107, you may request that I remove it from our site by writing to me at the following address:

Gregory Cole

1770-D Via Petirrojo

Thousand Oaks, California 91320

If you wish, you may also send an e-mail to me at fullosseousflap -at- gmail dot com with COPYRIGHT COMPLAINT in the subject header. E-mail generally receives a faster response than other modes of communication.

12. The Flap’s California Blog is intended for your own personal use. If you download or print something from my site, you should retain any advertisements, copyright or related proprietary notices which the material contains. You may not reproduce, transmit, license, sell or otherwise exploit for any purpose any content that appears on my site without my prior written consent except, of course, to the extent you’re entitled to do so under Section 107 of Title 17.

13. Warranty

YOU AGREE THAT YOUR USE OF THIS WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ME AND MY EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, IN CONNECTION WITH FLAPSBLOG.ORG AND YOUR USE THEREOF. I MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF MY SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MY WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. I DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND I WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14. Limitation of Liability

IN NO EVENT SHALL MY EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, OR AGENTS OR I BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT I SHALL NOT BE LIABLE FOR USER COMMENTS, FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

15. Miscellaneous

You also agree to defend, indemnify, and hold harmless me and my employees, independent contractors, affiliates, and agents from and against any claims, actions, demands, expenses, liabilities, costs, debts, and damages (including legal and professional fees) asserted by any third party arising from your use of flapsblog.org, your alleged violation of any law, including laws governing intellectual property or privacy rights, or your violation of these terms of use.

You further agree that flapsblog.org will be deemed as being solely based in California, regardless of where you are while using the site, and that it constitutes a “passive website” for purposes of personal jurisdiction statutes enacted by other states. You agree that the laws of the State of California will govern these terms of use irrespective of principles regarding conflicts of law, and that any dispute between you and me pertaining to this website will be resolved by a court of competent jurisdiction located in California. If any part of these terms of use is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Finally, you agree that any claim or cause of action related to your use of flapsblog.org must be filed within six months after the cause of action accrues, or else it will be permanently barred.

These terms of use may be revised from time to time. Please check this page periodically for updates. Your use of our site on any given date indicates your acceptance to the terms of use as of that date.

/s/

Gregory “Flap” Cole

Last updated: October 30, 2011

Ok, Read and KNOW this policy.

Flap knows you will glad you did.

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