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Terms of Use

insilentpassage.com Terms and Conditions of Use

Updated: August 8, 2015

BY ACCESSING, BROWSING, OR USING INSILENTPASSAGE.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS OF USE OR ANY PART OF THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE INSILENTPASSAGE.COM.

1. General Information Regarding These Master Terms and Conditions of Use ("Master Terms")

Please read these terms and conditions carefully because they apply to your access or use of http://www.insilentpassage.com, also accessible via http://insilentpassage.com, ("Site").

By accessing, browsing, or using this Site in any way, including accessing content through the site feed or feeds made available by this Site, or through third party providers, or through mobile and/or smartphone devices and/or tablets and/or other Internet-capable or Internet-connected devices, you acknowledge that you have read, understand, and agree to be bound by the Site's terms and conditions ("Terms of Use").

The Site is a personal blog website, also known as a blog site or weblog, of Christopher V. DeRobertis ("Author"). The content and opinions expressed at the Site represent the Author and do not represent the Author's employer, family, friends, acquaintances, or other individuals, organizations, institutions, or entities. Neither the Site, nor its content, is affiliated in any way with the Author's employer, family, friends, acquaintances, or other individuals, organizations, institutions, or entities.

The Site is hosted at Blogger (blogger.com), a blog publishing service and optional hosting service. The Site is managed by the Author using published Blogger interfaces.

Unless otherwise agreed in writing with the Author, your use of the Site will always be subject to, at a minimum, the Terms of Use set out in this document. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at either the bottom of the Site's web pages or in other navigational/informational reference areas of the Site's web pages.

In addition, your use of the Site may also be subject to the terms of any legal notice applicable to the Site, in addition to the Terms of Use.

2. Your Agreement to the Terms of Use

BY ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DISAGREE WITH THESE TERMS OF USE OR ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE THE SITE. By accessing or using the Site you also represent that you have the legal authority to accept the Terms of Use on behalf of yourself and any party you represent in connection with your use of the Site. If you do not agree to the Terms of Use, you are not authorized to use the Site.

3. Changes to the Terms

The Author may make modifications, revisions, alterations, updates, and/or changes to the Terms of Use, including, but not limited to, deletions, removals, additions, and revisions, at any time, with or without notice, and reserves the right to do so at the Author's discretion. You are encouraged to periodically review the Terms of Use. All new and/or amended Terms of Use take effect immediately and you agree to be bound by new and/or amended Terms of Use. If you do not agree with any modification to the Terms of Use, you may terminate this agreement by ceasing use of the Site. Your continued use of the Site after new and/or revised Terms of Use are effective, indicate that you have read, understood, and agreed to be bound the Terms of Use.

4. Provision of the Site Generally

The Author makes the Site available to you on the Terms of Use. You may only use the Site in accordance with these Terms of Use. In particular, but without limitation, you may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other conditions or notices that are made available on the Site.

5. Copyright and Trademark

© Copyright 2009, 2015 Christopher V. DeRobertis. All Rights Reserved.

The Site and the Site's content are protected by the U.S.A. and international copyright laws and treaties.

In Silent Passage (also displayed as "IN SILENT PASSAGE"), insilentpassage.com, the In Silent Passage symbol, the insilentpassage.com favicon, Tendril, Tendrils, Today's Tendril..., The Notebook Brothers, Tags and Tendrils (also displayed as "TAGS AND TENDRILS"), tagsandtendrils.com, Sonic Verse, Antellum, Angel of Separation, and all related indicia are ™ trademarks of Christopher V. DeRobertis.

6. No Guarantees; disclaimer of warranty; limitation of liability

You understand and agree that the Site is provided to you on an AS IS and AS AVAILABLE basis, with no warranties or guarantees whatsoever, and your use of the Site is at your sole risk. The Author disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Site. The Author makes no warranties or guarantees regarding the Site's content, information, or materials provided on or through the Site, and disclaims all liability for damages resulting from their use, or inability to use.

The Author also reserves the right to modify, suspend, or discontinue the Site with or without notice at any time and without any liability to you.

7. Site Server and Links

The Site's web server(s), blog service, and site syndication feed(s) ("Services") are controlled and offered by Blogger (blogger.com) and its facilities. The Author does not control Blogger Services, does not know the physical location of the servers that provide the Blogger Services or that serve the content of the Site, and makes no representations that the Site is appropriate or available for use in other locations. If you are accessing or using the Site from locales, countries, or jurisdictions that impose, limit, or otherwise restrict access to the Internet, content on the Internet, or specific sites (by domain name, IP address, or other indicator), then you do so at your own risk and you are responsible for compliance with local law(s).

Notwithstanding the foregoing, the Site may contain or provide links to other websites, blogs, pages, or other locations available on the Internet (hereafter "Linked Sites") that are not under the control of, nor are maintained by, the Author. The Author is not responsible for the content of Linked Sites, nor any link contained in Linked Sites, nor the availability, nor the accessibility of Linked Sites. The Author is providing Linked Sites to you only as a convenience. The inclusion of Linked Sites does not imply endorsement by the Author of the Linked Sites, nor of Linked Sites' content. Linked Sites may contain content that some may find inappropriate, offensive, questionable, inaccurate, objectionable, or illegal. The Author makes no representations concerning any effort to review the content of Linked Sites. Consequently, the Author is not and cannot be held responsible for the accuracy, copyright compliance, legality, or decency of content contained in Linked Sites.

8. Site Content and Content Disclaimer

Site content is created and offered in English only (U.S.A. English). The Author does not provide versions of the Site, nor the Site's content, translated into other languages.

Should language translations of the Site or the Site's content exist, these are not affiliated with, nor endorsed by, nor produced by, nor authorized by, the Author.

The Author is not responsible for any misunderstandings, misinterpretations, or controversies arising because you are not fluent with the English language, or the Author's colloquialisms, or because you disagree with or do not share the Author's views, beliefs, opinions, positions, or personal, religious, political, professional, or social affiliations.

The Author is not responsible for the inability to access, render, read, view, or convert the Site using screen readers, screen scrapers, audio translators, or other content/site conversion methods or tools, usability methods or tools, or accessibility methods or tools.

The Site may contain autobiographical content related to and/or about the Author.

The flash fiction (of any kind), short stories (of any style), vignettes (of any kind), poems (of any style), prose (of any style), verse (of any style), and other types/styles/genres of creative writings, including text-oriented or text-based works (including, but not limited to, works including images and graphics arts), are works of fiction. Names, places, institutions, events, incidents, characters, persons, locations, and/or organizations either are products of the Author's imagination or are used fictitiously. No similarity between any of the names, places, institutions, events, incidents, characters, persons, locations, and/or organizations in the creative writings/works of fiction with those of any person living or dead, or institution, or location, or organization, without satiric intent or historical reference, is intended, and any such similarity which may exist is purely coincidental.

The Site may include typographical errors or mistakes. The Author makes no guarantees that errors or mistakes, when identified, will be corrected.

9. Personal and Non-commercial Use Limitations

The Site and all of the Site's content is for your personal and non-commercial use. This is the grant of a license, not a transfer of title, and under this license you may not: remove or falsify any copyright, trademark, legal, or other proprietary notations, notices, and/or notifications from the Site and its content; mirror, re-transmit, embed, or otherwise re-publish the content in any form, in any medium, in any media; modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, or materials obtained from the Site.

10. User Conduct

You agree not to use the Site to:
  • Intimidate, defame, or harass the Author or others;
  • Use or attempt to use the Author's account, service, or personal information;
  • Remove, circumvent, disable, damage, or otherwise interfere with any security-related features that enforce limitations on the use of the Site;
  • Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining, or any other means;
  • Interfere or attempt to interfere with the proper working of the Site or any activities conducted through the Site;
  • Use any means to bypass or ignore robot.txt, or other measures the Author may use to restrict access or use of the Site;
  • Impersonate another person or entity, or misrepresent another person, entity, or your affiliation with a person or organization, when accessing the Site;
  • Falsely state or otherwise misrepresent your affiliation with the Author.

In addition, as a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use, and you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Site (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Site); or, (ii) use the Site in any manner that could disable, overburden, damage or impair the Site, or interfere with any other party's use of the Site; or (iii) obtain or attempt to obtain any content, information, or materials through any means not intentionally made available by the Site.

11. Unsolicited Materials

Although the Author welcomes your comments and questions through e-mail (electronic mail), the Author does not accept unsolicited submissions for stories (of any length, kind, or type), character ideas, themes, poetry, verse, prose, visual poetry, pseudo-verse, Tendrils…, Today's Tendrils...…, adages, epigrams, anecdotes, witticisms, proverbs, maxims, quips, adages, sayings, themed subject matter, content creation (styles, processes, execution), audio creation, music, songs, lyrics, spoken word, graphics art, graphics design, website design, visual designs, visual art, type setting, font type development, software, hyper-text markup language designs, marketing concepts, or other word/visual/image/text/audio constructs, or creative ideas, or other creative works or art works (the "Unsolicited Materials"). Therefore, please do not make any such submissions to the Author through the Site. The Author does not want to receive confidential or proprietary information from you through the Site. The Author will not review any such submissions marked, labeled, tagged, or otherwise identified as such. This is because the Author wants to avoid the possibility of misunderstandings, copyright issues, trademark issues, or conflicts when artwork, projects (of any kind), and concepts created by the Author might seem to others to be similar to their, or other, creative work(s).

However, if in spite of the aforementioned request you still decide to send the Author Unsolicited Materials, then you are granting the Author permission without limitation to use, on an unrestricted basis, or not to use, the Unsolicited Materials in any manner, and for any purpose, the Author deems appropriate, including, but not limited to, copying, modifying, distributing, publicly displaying, embedding, reproducing, re-posting, editing, reformatting, restructuring, and reworking the Unsolicited Materials.

The Author shall have no obligation of any kind with respect to the Unsolicited Materials or to you for providing the Unsolicited Materials. The Author will not provide compensation of any kind, in any form, for the Unsolicited Materials. You waive the right to receive any financial or other consideration in connection with Unsolicited Materials including, but not limited to, credit.

You acknowledge that you are responsible for the Unsolicited Materials that you submit, and you, not the Author, have full responsibility for the Unsolicited Materials, including their legality, reliability, appropriateness, originality, and copyright.

The Author is under no obligation to use the Unsolicited Materials, or to acknowledge receipt of Unsolicited Materials.

12. Forward-looking Statements

The Site and its content may contain forward-looking statements. The Author may use may use certain words on the Site, such as "aim," "anticipates," "believes," "could," "desires," "estimates," "expects," "forecasts," "goals," "hopes," "hopefully," "intends," "looks forward to," "may," "might," "plans," "possible," "potential," "probable," "projects," "seeks," "should," "targets," "wishes," "would like to," and words of similar meaning or expression, may identify forward-looking statements.

Forward-looking statements involve a variety of factors, unknown risks, uncertainties, and numerous assumptions, many of which are beyond the Author's control, and may affect the Author, and does not necessarily indicate whether or not forward-looking statements will be achieved.

The Author makes no claims, guarantees, or assurances of commitments, implied or otherwise, to fulfill, realize, act upon, or implement forward-looking statements.

The Author does not undertake any obligation to update or revise forward-looking statements.

13. Additional Disclaimers

The Site is not intended for use with text-only browsers and the Author makes no claims of any kind that the Site will work with text-only browsers, screen readers, or screen scrapers.

HTML, JavaScript, XML, and other mark-up or code used to display/render the Site's content are not guaranteed to be compliant with standards, nor are guaranteed to work in all types and versions of web browsers.

Overriding the Site's visual settings and definitions, and content formatting definitions, including, but not limited to, disabling image files, changing font sizes, changing length and width dimensions, may change the Site's visual presentation and may render the Site un-viewable, or may impair viewing, or may cause the Author's intended presentation to be lost.

The Site is not guaranteed to be viewable on wireless or mobile Internet capable devices, such as, but not limited to, PDAs, game consoles, cell phones, Internet television applications, mobile and/or smartphone devices, tablets, and/or other mobile Internet-capable or mobile Internet-connected devices.

Portions of the Terms of Use adapted from, or excerpted from, Creative Commons Terms of Use (http://creativecommons.org/terms) and are licensed for re-use and adaptation under the Commons Attribution 3.0 License (http://creativecommons.org/licenses/by/3.0/), retrieved August 5, 2009.