TOS

Terms of Service, partially lifted (shamelessly) from those used by Instapundit (they’re great, and they fit very well). I figured it was time that Redleg Nation had terms of service. First, a disclaimer:

Redleg Nation is in no way affiliated with, condoned, or given any notice by the Cincinnati Reds baseball team, who have their own website. Similarly, we have no association with the ownership group or any businesses related to the Reds. All article text is written by the authors, all pictures are taken by the authors, who retain copyright to their works. No copying or reproduction of any content here, photographic or otherwise, is authorized. Please email us if you wish to reproduce our work.

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 Redleg Nation is copyrighted by Redleg Nation’s owner, presently Chadwick S. Dotson, and is not to be used without permission except as provided herein. Redleg Nation, RedlegNation.com, “Clogging the bases since 2005″ and “The voice of Cincinnati’s tenth man” are all trademarks belonging to Chadwick S. Dotson. In using Redleg Nation you recognize that Redleg Nation 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 Redleg Nation content, so long as you comply with the terms below.

A. All quotations from Redleg Nation will include credit to Redleg Nation or to Chad Dotson, Bill Lack, Tom Diesman, Chris Garber, Chris Wilson, or Matt Malott and, wherever practicable, a hyperlink of the form http://redlegnation.com … to the site.

B. In exchange for the access to Redleg Nation content described above, you agree not to sue Redleg Nation 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 Redleg Nation’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 Redleg Nation 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 Redleg Nation’s owners or operators from those in the links list on the Redleg Nation site. 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 Redleg Nation site. Should this arbitration provision be held uneforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against Redleg Nation 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 RedlegNation.com are to be resolved in the courts of Wise County, Virginia, under the laws of Virginia and the United States of America.

C. You agree that efforts to obtain Redleg Nation content in violation or circumvention of these terms of use constitute a violation of Redleg Nation’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 Redleg Nation content in any form.

3. If you do not agree to these terms of use, exit the site immediately, destroy all copies of Redleg Nation 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 Redleg Nation, Legal Department, 308 Wright Ave, NE, Wise, VA 24293:

Affidavit

I hereby certify under penalty of perjury that I possess no copies of the Redleg Nation 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 Redleg Nation content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the Redleg Nation Terms of Use, subjecting me to possible civil and criminal liability.

_________
Signed (include date)

_________
Witnessed (notary)

Notary Seal:

My commission expires: ______________

4. From time to time, the owners and/or operators of Redleg Nation may agree to publish photographs that are submitted to said owners/operators. In submitting a photograph or any digital image (“Content”) to Redleg Nation, you are agreeing to the following:

You understand the internet is accessible to the general public. In giving consent, you hereby release, indemnify and hold harmless Chad Dotson and Redleg Nation from any and all responsibility or liability related to the Content. You do certify that you are of legal age and possess full legal right to the Content and the legal capacity to authorize the release of the Content. You agree that you have read this release and fully understand and agree to the contents, meaning and impact of this release.