Terms of Use

USE OF THIS BLOG IS SUBJECT TO THESE TERMS AND CONDITIONS.  BY ACCESSING OR USING THIS BLOG IN ANY WAY YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THE ADDITIONAL TERMS, CONDITIONS AND POLICIES NOTED IN THESE TERMS AND CONDITIONS, OR OTHERWISE PRESENTED ON THIS BLOG.

 1.         Access and use.   

Access to and use of this blog is subject to these Terms and Conditions, as well as this blog’s Privacy Policy, Disclaimers, and Comment Policy.  I may suspend or terminate access to this blog to anyone or everyone at any time.  I may also change this blog and the information and other content made available at this blog at any time.   

2.         Restrictions and limitations.    

All information and content accessible through this blog, including but not limited to data, text, music, artwork, graphics, trademarks, logotypes, data and data compilations (the “Blog Content”), is my property or the property of others that have made it available for use in this blog.  United States and international trademark, copyright and other intellectual property right laws protect that information and content.  

Viewing and printing the Blog Content for personal use is permitted.  All other copying, downloading, reproduction, distribution, adaptation, modification or communication of the information and content made available through this blog is prohibited.  Framing of any portion of this blog or the Blog Content is prohibited.  Robots, spiders and other automatic devices may not be used to copy any portion of this blog. 

 3.         Infringement claims.

 Copyright infringement claims with respect to this blog must include:

 (i)        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

(ii)       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.

 (iii)      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 me to locate the material.

 (iv)      Information reasonably sufficient to permit me to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

 (v)       A statement that the complaining party has 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.

 (vi)      A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Copyright infringement claims should be sent to: 

Timothy Keller
4200 IDS Center,
80 South Sixth Street
Minneapolis, MN 54402
admin@bigdataandthelaw.com 

4.         Your content.

 You grant licenses to me with respect to all information and content that you make available or accessible through this blog in any way, including, but not limited to data, text, music, artwork, graphics, trademarks, logotypes, data and data compilations (“Your Content”).  Specifically, you grant me the rights to, without further notice or consent (i) modify and make derivative works based upon Your Content, (ii) copy, and distribute Your Content, modified versions of Your Content, and derivative works based upon Your Content, (iii) display Your Content, modified versions of Your Content, and derivative works based upon Your Content, (iv) perform Your Content, modified versions of Your Content, and derivative works based upon Your Content, (v) grant sublicenses of any or all or the foregoing rights, and to exercise such rights indirectly through resellers, distributors and other third parties, and (vi) assign any or all or the foregoing rights.

 5.         Indemnification.

 You will indemnify, defend and hold me harmless against all loss, cost, damage and expense (including reasonable attorney’s fees) that arises from (i) your breach of any provision of these Terms and Conditions, (ii) your use of this blog, and (iii) claims relating in any way to Your Content, including but not limited to infringement claims. 

 6.         General.   

These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of Minnesota.  

I may assign any or all of my rights and obligations arising under or relating to these Term and Conditions at any time to anyone, without notice to or the consent of anyone.  You may not assign any or your rights or obligations arising under or relating to these Terms and Conditions to anyone at any time without my express written consent.

 All disputes, controversies and claims that arise of or relate to these Terms and Conditions, or the breach thereof, or in any other way arising out of or relating to this blog, will be settled by arbitration in Minneapolis, Minnesota by the American Arbitration Association under its Commercial Arbitration.  The arbitration will be administered by a single arbitrator.  All proceedings will be conducted in the English language.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 If any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect.  No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right; provided that, with the exception of claims for indemnification, all claims arising under or related to these terms and conditions must be brought within one year of the occurrence giving rise to the claim.

 I may change these Terms and Conditions at any time without notice.  I may also add new policies and restriction applicable to this blog.  Access to and use of this blog after such changes will indicate your agreement to the changed Terms and Conditions, and to all new policies or restrictions, notwithstanding whether you have accessed or used this blog prior to the change or addition.

 

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