Terms of Use

Share on:

I hope that you enjoy reading this blog as much as I enjoy writing for it. The purpose of these terms of use is to clarify the rights and obligations we share by virtue of your use of this blog, and to provide notices with regard to its content. This is intended to be an enforceable contract. By accessing this blog more than once, clicking on any link within the blog, or contacting me, you agree to these terms. Every access constitutes a subsequent indication of assent to these terms.

The author, Charles Duan (hereinafter the Author or any first person pronoun) offers the blog hosted at blog.sbf5.com, along with any RSS feed or other ancillary content (hereinafter the Blog) as a service to you subject to the following terms and conditions of use (hereinafter the Terms). By accessing the Blog more than once, clicking on or otherwise selecting any link within this blog, or contacting the Author, you agree to abide by the Terms in consideration for the services of the Blog provided by the Author.

Content you submit

If you submit any material or content you post to the Blog (hereinafter the Content), you grant the Author a worldwide, royalty-free, nonexclusive license to distribute, use, and make derivative works of the Content for any purpose and to grant sublicenses to do the same. (You retain copyright in the Content, but I would appreciate it if you would license it under Creative Commons.) You warrant that you have all necessary rights and permissions to grant the above license to the Content, or that you and the Author have similar permissions for other reasons (such as public domain materials or protected fair use), and that you will indemnify and hold harmless the Author for any claims that may arise out of the Content.

Although I strongly support the principles of free speech embodied in the First Amendment and other sources, I retain the right to modify content to preserve the rights of others and the tone, style, and demeanor of the Blog, as well as for other reasons. To this end, you understand that I am under no obligation to use the Content in any manner, or even to use it at all. I will make my best efforts to make available all content I deem reasonably relevant, and to denote any edits I make.

You are, of course, permitted to say whatever you wish at sites other than this Blog, to the extent permitted by the law, including statements about this Blog or about me. Note, however, that the various laws of defamation, publicity, privacy, and so forth may apply to your statements, and nothing in these Terms should be construed to constitute a waiver of any rights.

Use of the blog

This Blog is provided on an as-is basis. I make no warranty or representation as to its availability or the accuracy of content provided. To the extent permitted by law, I disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and (just in case) habitability. You use this site at your own risk, and agree not to hold liable the Author for any damage arising out of use of the Blog, inability to use the Blog, content contained on the Blog, or content submitted by yourself or others to the Blog.

This Blog and its content do not constitute legal advice, and you should not use or construe them as such. They do not create an attorney-client relationship between the Author and any other party. If you are in need of legal advice, please consult an attorney.

Any opinions expressed in this Blog are solely those of the Author, and should not be construed to reflect the views of the Author’s employer or any organization with which the Author is affiliated. The Blog is entirely authored outside the scope of the Author’s employment and does not constitute a work for hire.

Privacy policy

Any content you submit to me or the Blog is nonconfidential and may be displayed on the Blog or at any other location or used for any purpose. I’m really sorry about this. Generally I don’t intend to display your information, but I don’t want you emailing me your super-secret startup idea. If you think your super-secret startup idea is patentable, you should consult a licensed patent attorney.

DMCA safe harbor

This Blog does not tolerate copyright infringement. You are advised that repeated copyright infringement will result in termination of your rights to use this site, including but not limited to blocking your IP address from the site.

General contract matters

I reserve the right to modify these Terms at my sole discretion, without notice to you. By continuing to use the Blog, you assent to any modifications I make to the Terms.

I retain copyright in the Blog and its content. I am entertaining the idea of releasing the content under Creative Commons. If you are interested in reproducing a portion of the Blog beyond what would be permitted by fair use, please let me know.

This contract is to be governed by the laws of the State of California, and you agree to its jurisdiction.

This contract is severable, so if any portion of it is deemed unenforceable, that will not affect the remainder of the contract, and that remainder will be construed so as to give effect to the spirit of the contract to the extent possible.