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Terms of Use

Note: As of April 11, 2011, this site is owned by Jazz Mustache LLC. I am the founder, chairman, and 100 percent owner of Jazz Mustache LLC.

I want you to enjoy using this site. I also want you to obey the rules while you’re here and not interfere unduly with anyone else’s enjoyment of the site. By using this site you agree to be bound by these terms of use, as amended, as well as the terms and conditions of my privacy policy, which is incorporated by reference herein.

Comments

Michellemalkin.com allows you to post comments on the site, provided that you first register to do so with a valid e-mail address. Comments registration is now closed.

Jazz Mustache LLC may allow as much or as little opportunity for registration as it chooses, in its absolute discretion, and it may close particular comment threads or discontinue its general policy of allowing comments at any time. By registering to post comments, you warrant that you are at least 18 years old and that you are solely responsible for your account’s activity.

Jazz Mustache LLC reserves the right to delete your comments or revoke your registration for any reason whatsoever. Rarely will I do so simply because I disagree with you. I will, however, usually do so if you post something that is, in my opinion, (a) off-topic; (b) libelous, defamatory, abusive, harassing, threatening, profane, pornographic, offensive, false, misleading, or which otherwise violates or encourages others to violate these terms of use or any law, including intellectual property laws; or (c) “spam,” i.e., an attempt to advertise, solicit, or otherwise promote goods and services. I may exercise these rights myself and I may delegate them to employees and/or contractors.

Jazz Mustache LLC does not own your comments; Jazz Mustache LLC expressly disclaims 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 Jazz Mustache LLC and Michelle Malkin from any and all liability that may result from those postings. You further agree to grant Jazz Mustache LLC 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.

In short, you’re Jazz Mustache LLC’s guest here. I welcome your participation, but if you abuse my hospitality, don’t be surprised if you are shown the door.

Trackbacks

Jazz Mustache LLC allows third-party websites to send trackbacks to my posts, but Jazz Mustache LLC may, in its absolute discretion, disable this option for particular posts or discontinue my general policy of allowing trackbacks at any time.

Jazz Mustache LLC reserves the right to delete trackbacks for any reason. As with comments, I usually won’t delete a trackback merely because I disagree with the post it comes from. I will, however, usually delete trackbacks from posts that are, in my opinion, (a) off-topic; (b) libelous, defamatory, abusive, harassing, threatening, profane, pornographic, offensive, false, misleading, or which otherwise violate or encourage others to violate these terms of use or any law, including intellectual property laws; (c) “spam,” i.e., attempts to advertise, solicit, or otherwise promote goods and services. I will also usually delete trackbacks from posts that do not reference the post on michellemalkin.com that they are tracking back to.

Intellectual Property

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

Notwithstanding the foregoing, I and my co-blogger(s) 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 e-mailing me at jazzmustacge -at- gmail dot com with “COPYRIGHT COMPLAINT” in the subject header.

michellemalkin.com is intended for your own personal use. If you download or print something from this 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.

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 EMLPOYEES, 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 MICHELLEMALKIN.COM AND YOUR USE THEREOF. JAZZ MUSTACHE LLC 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) 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.

Limitation of Liability

IN NO EVENT SHALL JAZZ MUSTACHE LLC, ITS OWNER, ITS INDEPENDENT CONTRACTORS, AFFILIATES, OR AGENTS OR MICHELLE MALKIN 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 JAZZ MUSTACHE LLC AND MICHELLE MALKIN 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.

Miscellaneous

These terms of use (including the michellemalkin.com privacy policy incorporated by reference herein) represent the entire agreement between you and Jazz Mustache LLC and apply exclusively to michellemalkin.com. They do not apply to my advertisers, websites to which I link, or any other third party that is not owned or operated by me. For information about a third party’s terms of use, please consult its individual website. By using our site you agree to relieve us from any and all liability that may result from your use of a third-party site.

You also agree to defend, indemnify, and hold harmless Jazz Mustache LLC, Michelle Malkin, 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 michellemalkin.com, 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 michellemalkin.com will be deemed as being solely based in Colorado, 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 Colorado 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 Colorado. 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 michellemalkin.com 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/

Michelle Malkin
Founder, chairman, and 100% owner of Jazz Mustache LLC

Last updated: April 12, 2011

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