Blog Terms of Use

Although I hope you are finding this blog useful and enjoyable, I want to make sure that our respective rights and responsibilities related to the blog are clear. I & my heirs, assigns, successors, etc., (“Me,” “Myself,” and “I”) offer this blog as a service to you subject to the following terms and conditions of use (“Terms”). By accessing, creating or contributing to the Joboja (“Blog”) or “The Stoop” usually hosted at www.Joboja.com, and www.joboja.blogspot.com (“Website”), also in consideration for the blog service that I provide to you, you agree to abide by these Terms.

1. Rights in the Content You Submit

Any and all works of authorship copyrightable by you and posted by you to Blog are submitted under a fully paid-up license to Me. Under this license, you permit Me to copy, distribute, display and perform your Content, royalty-free. You also permit Me to distribute derivative works of your Content and to grant sublicenses to anyone. Although blogs often do not make any money, the fully paid-up license gives Me the right to earn money from your content in any way that I see fit -- including posting it in a password protected site or publishing it in a book.

Amongst other things, at my discretion, this license may permit RSS aggregators to copy, distribute, display and perform any Content that you submit. Further, your submission does not create any obligation on Me to publish your submitted Content.

2. Conduct

I believe deeply in free speech. However, this is blog belongs to Joboja, and we reserve the right to remove any content that you may post. As a general matter, I will attempt to remove any content that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable to Joboja. However, Joboja has filters that are far from perfect. You may not use Joboja’s name to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as endorsed by Joboja is strictly prohibited.

By posting content to the Blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms, and that you will indemnify and hold Joboja harmless for any and all claims resulting from content you supply.

You acknowledge that Joboja does not necessarily pre-screen or regularly review posted content, but that we shall have the right to remove or modify in our sole discretion any content that we consider to violate these Terms or for any other reason. We may also delegate this authority.

You understand that all content posted to the Blog is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as representatives of Joboja or its employees.

You agree that Joboja will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

3. Disclaimer of Warranties and Limitation of Liability

These posts are not advice and are written for the eyes of other readers. This is Joboja’s media blog. These posts are not edited by my employers or their clients and, as such, cannot be so attributed. Similarly, this blog and these posts are not works for hire, but are written entirely outside of the scope of my employment. To the extent that any of my employers' resources have been used to maintain the site, that use was done with full understanding that a limited amount of personal computer use is acceptable. I.e., Joboja owns the blog and these posts. Views expressed here should be double-checked for accuracy and current applicability. Don't go playing the stock market based on these posts either -- because these posts do not provide financial advice.

4. Privacy Policy

The nature of blogging is to reach a public audience. Please be aware that any information that you submit to Joboja whether through forms or email, including personally identifiable information, may be publicly displayed on the Blog, or on websites within or not within our control. If you don’t want others to see such information, don’t submit it. Joboja may publicly display the IP addresses of visitors and contributors of the Blog. Joboja may use your IP address to help diagnose problems with our server, to tailor site content and to format the site and software to user needs, and to generate aggregate statistical reports. Joboja may use aggregate visitor data to prepare publicly displayed reports regarding the traffic on individual blogs, site popularity rankings, and referrers that visitors use to access individual blogs.

5. Modification of These Terms of Use

Joboja reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms (Monthly). Your continued use of the Services constitutes your agreement to all such Terms.

6. Copyright

Anyone should feel free to copy a short snippets from the Blog, so long as you attribute the material source. A sample attribution follows: Joboja, available through “The Stoop” at www.Joboja.com or www.joboja.blogspot.com. Contact us if you want to copy an entire post or a series of posts.

7. Reader Addendum

Anyone who reads content from the site more than twice agrees to not charge Joboja with any violation of copyright, Lanham Act, patent, defamation, libel, or fraud claim based wholly or partially on any aspect of this Site. If you do have a problem with anything posted on the site or feel that you have an ownership claim to anything on the site, please contact us immediately.

8. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that anything posted on the site or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Joboja with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your post was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your post, you may send a counter-notice containing the following information:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the, I may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at My sole discretion.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JOBOJA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JOBOJA MAKES 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 ASSUMES 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) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY 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 THE WEBSITE. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND 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.

10. Limitation of Liability

IN NO EVENT SHALL JOBOJA, 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY 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 THE WEBSITE, 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 JOBOJA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR 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.

The Website is controlled and offered from facilities in the United States of America. Joboja makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold Joboja harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (I) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Joboja without restriction.

14. General

You agree that: (I) the Website shall be deemed solely based in Illinois; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Joboja, either specific or general, in jurisdictions other than Illinois. These Terms of Service shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Exclusively a court of competent jurisdiction located in Cook County, Illinois shall decide any claim or dispute between Joboja and I that arise in whole or in part from the Website. These Terms of Service, together with the Privacy Notice on the Website and any other legal notices published by Joboja on the Website, shall constitute the entire agreement between you and Joboja concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND JOBOJA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.