Terms of Use

Effective 20 Dec 2016

Notice

The Notice below governs and applies to all parts of this site:—

© Lipsync Lawyer, 2016. Rights not expressed herein are reserved and not waived. The Author of this blog is Robert Lee (email) for the purpose of copyright and other laws. This site is non-profit and non-commercial. This site is not an editorial product released to the public on a regular basis, and neither is it a source of legal advice or legal information.Nothing herein is licensed or released under Creative Commons. Some content governed by third-party rights. Excerpts and links freely permitted without prior notice to The Author provided that a byline and hyperlink are given back to the content herein. Commercial reproduction is strictly at The Author’s discretion. No representation whatsoever is made or implied for any accuracy, factualness, timeliness or suitability of content for any possible purpose. No endorsement made for any links herein. Commenting closes after 14 days on all posts. Comments once published are strictly non-removable even upon request. Use of this site and content is strictly at your own risk. This Notice operates in conjunction with the WordPress.com Terms of Service to the extent possible.

My only genuine ‘policies’

I have only 5 genuine policies for this blog — and 99% of blogs worldwide have something VERY similar:—

I — I retain everything and delete nothing once published. This is my modus operandi. I try to keep the blog displayable and up to date (and readable!) at all times. Occasionally I fail in this effort (a practical human limitation. Sometimes it’s the fault of the Internet. However, I may update or delete certain content at will and without prior notice. If you want something removed, it has to be sued for since that is the normal way for removing published material anywhere in the world.

II — I remove breaching and unsuitable material, and archive them for legal purposes. Comments and other matters will be removed or otherwise undisplayed if they are (or deemed to be) in breach of the laws of this blog’s jurisdiction(s) (see Clause 4).

III — BNBR — Be Nice, Be Respectful. This applies to commenters. This is a blog and strictly not a discussion forum. Commenting is only an incidental functionality. I cannot reasonably ask people to be on-topic because that’s a matter of topic judgment. However, I can expect others to be nice and not off-topic in overall tone and complexion. Depending on the seriousness of the BNBR violation, the user will be warned and the comment removed (or graded out of 25 marks) and archived for legal purposes. In serious cases, the user will be banned and/or blocked from this and other sites by IP address. I have discretion in judgment and my ruling is final and conclusive by right of being The Author of this blog (since the user cannot possibly be the arbiter, objective speaking).

IV — You use this blog and site strictly at your own risk and cognizance. In plain English, it means the blog is as you see it. Since no one could speculate how you see things in general, you make your own allowances and don’t treat anything in my blog as owing you any kind of explanation for anything.

V — Don’t use my blog to ‘break wind.’ I didn’t create it and write for it specifically for you. It’s for myself and for all people as people usually are. The blog literally (not figuratively) isn’t an academic paper due for peer review. Pay attention to the context and don’t be incompetent about your reading matter. Thank you.

Administration

1 — This is a personal blog belonging to The Author. This blog is non-profit and non-commercial. It is not an editorial product released to the public on a regular basis, and neither is it a merchandisable commodity nor a source of legal advice or legal information. The blog has no general or particular purpose.

2 — The information and/or view expressed in the posts and pages are deemed to be The Author’s personal opinions unless the particular content explains differently. The information and/or views expressed by commenters belong to themselves and not necessarily endorsed by The Author (see Clause 14).

3 — The official language of this blog is ENGLISH. No other language is supported, though other languages may appear from time to time for the purpose of relevant context. The official timezone of this blog is Greenwich Mean Time (UTC+0).

4 — JURISDICTION. The blog’s physical location is presumed to be somewhere in the USA (where the WordPress.com free-hosting servers are located), and the point of content origination is Hong Kong (where The Author is currently located). Therefore, comments and other matters that are (or are deemed to be) in breach of the laws of the USA and/or of Hong Kong will be undisplayed or otherwise removed and archived for legal purposes.

5 — REPRESENTATION AND WARRANTY. No one should rely on any information in this site to make any decision; seek appropriate professional advice instead. No representation or warranty expressed or implied is made for the completeness, factual accuracy, reliability, suitability or availability of anything in the contents for any purpose whatsoever. I disclaim all liability for any loss or damage, lost profits, lost date or any other claims resulting or arising from your use of the contents. You use this site strictly at your own risk.

Rider — The Internet is full of sites that offer all sorts of useful and useless (or damaging) content for over 20 years now. Please exercise due care and diligence as well as your own finer judgment, and always account for variable change.

Advertising

6 — Any advertising appearing on this site has been inserted there by WordPress.com and/or its affiliates, not by me. Read the official WordPress explanation for the ads: About These Ads. For matters about the ads, write to support@wordpress.com. I have never monetised this blog site and run NO advertising or sponsored content (i.e. paid topic insertions) by reason of the blog being non-commercial (see Clause 1). If there is to be any, the relevant post will indicate.

Commenting

7 — WordPress.com log (records) the IP addresses of ALL visitors to its domain and subdomains, which this site is a part of. I have no control over this logging process. WordPress doesn’t release this information to me unless and until the visitor actually posts a comment on this site. See also Clause 29 (Privacy).

8 — The Author has no formal commenting policy — say whatever you like. If the comment is on-topic and ‘nice’ in overall complexion, I let it through even if I may not agree with it. I don’t censor comments or opinions, and don’t ban commenters, and don’t do badly behaved things like deliberately delay comment approvals just to punish. But please don’t use my blog to ‘break wind.’ I retain everything posted. Bad commenting won’t be removed but instead ‘graded’ out of 25 marks.

9 — Comments close after 14 days of the article’s publication. Commenting may be available only for some posts and pages.

10— Comments are non-removable once published even upon request by the original commenter. As a user of this site, you make comments strictly at your own risk, and you are solely responsible for the consequences of posting comments. YOU MAY REQUEST REMOVAL OF YOUR OWN COMMENT WHILE IT IS STILL IN MODERATION (i.e. still unpublished) by using the Contact Form.

11 — Please comment in English. Foreign-language comments are welcomed but may be put to a free translation with no reasonable assurance of accuracy.

12 — Comments are the views of their commenters. They are not necessarily agreed with by me or reflect my own views. Their appearance and retention are merely for the sake of context. I will remove comments whose complexion (in my judgment and at my discretion) is insincere or abusive to any party. Feel free to disagree with others, but do so in a nice and respectful manner.

13 — Comments may be subject to amendment. I am in my right as The Author to amend or redact any comment for conciseness, clarity or language. I may append inline riders in the comment itself to give effect to this purpose.

14 — Breaching and unsuitable comments. Comments, spam and other matters will be undisplayed or otherwise removed in accordance with Clause 4 (Jurisdiction). Such matters may be archived for legal purposes. Additionally, I may or may not remove comments and other matters if they appear to be manifestly unsuitable (e.g. defamatory, obscene, offensive, insulting, insincere, tangential, etc). In case of doubt, ‘freedom of speech’ should win out — I shall decide by right of being The Author and my ruling shall be final and conclusive.

15 — I welcome off-site (private) comments about the posts. Use the Contact Form for this. Understand that I have discretion to respond to off-site comments in a dedicated post without prior notice to you. The option to identify you is also at my discretion unless you had expressly asked for some kind of anonymity.

16 — Don’t use the comment threads to request or bounce off a new topic. Such comments will be ignored altogether and removed. Use the Contact Form to request a new topic coverage.

Copyright and takedown notices

(See also section REPRODUCTION & DERIVATIVE WORKS below)

17 — GENERAL POLICY ON COPYRIGHT. See the Notice at the top of this page. Not everything in this blog is owned or copyrighted by me. Some are copyrighted by third parties, but they are treated as under the general copyright of this blog for practical convenience. Some items have unverifiable or unknown status. Whatever is the situation, somewhere in the relevant post will indicate the source or status to the extent possible. Errors and omissions excepted, of course.

18 — I don’t have a formal copyright policy, but my standing habit is to byline and permalink to the source for anything used whenever possible. I do this more for my own sake of knowing the provenance of the stuff than for legal reasons. I MAKE A SINCERE EFFORT TO AVOID USING MANIFESTLY COPYRIGHTED MATERIALS ESPECIALLY WITHOUT DUE ATTRIBUTION OR PERMISSION.

Rider 18.1 — Some content herein have indeterminate or undeterminable copyright or ownership status when I got hold of them. I tend to obtain illustrative material from various imageboards, free clip-art or wallpaper sites, discussion forums, etc. Some sources simply don’t provide any details of origin, copyright, etc, and therefore the ultimate status is unknown or undeterminable by me. If you happen to know where an item originated, I welcome the information.

Rider 18.2 — A legal grey zone is where I personally and professional prefer to keep this copyright matter in. As I’m legally trained myself, I advise others to heed this recommendation too. There are practical advantages to all parties in keeping copyright matters (and their potential costs) to the barest-possible minimum level.

19 — Site contains third-party materials. They cover text and images. They may or may not be governed by third-party rights. The relevant post will indicate their status. Images herein are NOT being used for commercial purposes and neither are they being intended for commercialisation or monetary emolument (per Clause 1).

20 — Attribution. If you discover something that is yours without being given due attribution, please inform me using the Contact Form. Proper attribution will be duly given, or the item removed or replaced. For your claim to be legally valid, please provide your full name, postal address, contact details, and some kind of proof of ownership (e.g. the URL of your own site showing the work concerned).

21 — Copyright claims and takedown notices. Send all requests initially via the Contact Form. You may be required to send details to my lawyer, but I will advise. Owing to past hoaxes and trolling, all takedown notices left in the comment threads will be ignored.

22 — Nothing in this blog is produced or licensed under Creative Commons. Let’s leave it at that for practical pragmatism.

(See also section REPRODUCTION & DERIVATIVE WORKS below)

Deletions, updates and retractions

(See also Clause 5: REPRESENTATION & WARRANTY above)

23 — Retractions and deletions. This is an executive management decision and usually one taken after taking legal advice. Not once in my 20 years of blogging have I ever needed to retract anything written by me. I do take the line of least resistance if the removal order is JUDICIALLY MADE (from a court of law, for instance). Operationally, retracted material will be undisplayed and a placeholder text used in lieu, such as:—

[Date]. Content removed by request or Order stated in [link to the update post]. — The Management

The names of the parties in the removal order will be published in the update post in the interest of public record, transparency and due diligence.

24 — Reinstatement of deleted items. Deletion isn’t always terminal with me. If you have a need to read a deleted post, STATE YOUR CASE FOR IT. Use the Contact Form and provide the article’s URL. All reasonable requests considered, though some requests may be denied in the overall interests of this blog. In my entire 20-year blogging history, I have deleted only 2 posts and they were accidental postings.

25 — Request to remove editorial content. Sorry, you cannot ask me to remove something from my blog because somehow it displeases you. EDITORIAL CONTENT IN MOST PRACTICAL CASES IS REMOVABLE ONLY BY A COURT ORDER, SUCH AS FOR CONTRACTUAL BREACHES OR PROOF OF DEFAMATION.

Rider 25.1 No site on Earth will entertain such a ridiculous and offensive request. Everybody has the same 24 hours in the day; the rest is up to you. No blogger could possibly cater to the whims of various personages and sundry mewling quims whenever and howsoever they find something online isn’t to their liking. In other words, I cannot be answerable to sundry cattle who’ve been brought up badly and behave like an odious little twat with no manners and a nuclear warhead shoved up their dried-out arse whenever they can’t stand the sight of something. If you’re displeased with things here, switch to another channel, I guess.

Hate mail and death threats

26 — Send all hate mail and death threats via the Contact Form.

Like all online authors, I too receive hate mail. It goes hand in hand with blogging territory, all told. I have twice received pseudo-death threats — presumably for my writing (though both of those threats didn’t quite make this clear). That fact actually puts me in a rather select company of distinguished writers.

Links

27 — Hyperlinks to third-party sites don’t necessarily indicate or imply The Author’s approval, recommendation or endorsement of them. Equally, incoming hyperlinks pointing to this blog don’t indicate my approval of those outside sites. Your discretion is advised and your use of any hyperlinks herein is strictly at your own risk. I am not responsible for (and have no control over) any third-party sites, which may have changed in nature, content, context or availability since the original time of hyperlinking.

Old posts

28 — Can’t find that post? Had I deleted it? Not likely! I keep everything and delete nothing here once posted. If your search returns a “404,” there are three strong possibilities — a mistyped URL, or the post was moved to a different category, or I’ve ‘reslugged’ (renamed) it. Use the search box widget on the top of every webpage. Guessing the subject matter, headline, category, tag, etc, definitely recommended. You can also check the Archives page, which lists all articles in chronological order.

Privacy

29 — Owing to general privacy laws worldwide, I don’t knowingly publish or publicise details of individual visitors or commenters to this site. See Clause 7 (WordPress logging) in this regard. But I reserve absolutely the right unto myself to publish the names, IP address and other details of persons who leave breaching comments (see Clause 14) by reason of Clause 4 (Jurisdiction).

Reproduction and derivative works

(See also section COPYRIGHT & TAKEDOWN NOTICES above)

30 — GENERAL POLICY ON REPRODUCTION AND DERIVATIONS. Anything from this blog is freely usable without prior notice to me, but you are required to observe one overall legal requirement in your use — any form of reproduction, reuse, requote or derivative work by you of anything from this blog (text, images, etc) is strictly for non-commercial purposes (because this blog is non-commercial: Clause 1). If in doubt, write to me first using the Contact Form.

31 — Commercial or other reproduction is strictly at my discretion on an individual basis. Please enquire using the Contact Form.

32 — No reduplication or republishing of whole posts or pages. Such requests will be considered only on an individual discretionary basis. Please write to me first, stating “Commercial Request” and provide your details and nature of your use.

33 — Reduplication of the whole blog will result in civil action and criminal prosecution.

34 — REUSE OF TEXT OWNED BY ME. I welcome excerpts, quotations and summarisations of my words in your work, document or website without prior notice to me. It shall be for non-commercial use by reason of Clause 1 (i.e. this blog being non-commercial). Please byline me and permalink back to my relevant post or page. I would appreciate getting your notification, perhaps even scans or screenshots of your work’s title page or the relevant page, and I thank you in advance for your kind interest. The byline style is “via Lipsync Lawyer.”

35 — REUSE OF IMAGES OWNED BY ME. For illustrative content created or owned by me (the page or post will indicate this), you may freely use them in your work, document or website without prior notice to me. It shall be for non-commercial use by reason of Clause 1 (i.e. this blog being non-commercial). Use my byline and permalink back to my relevant post or page. The byline style is “© Lipsync Lawyer.”

36 — REUSE OF MATERIAL IN PHYSICAL FORM. If my owned text and visuals are to be used (or have been used in a printed or physical work, your use is considered to have allowed me one free physical copy —plus the option for me to buy reasonable multiples of it at reduced or trade price (to be negotiated). If one free physical copy is impractical or impossible, a series of photographs of the work would be the minimum, or we can negotiate some other arrangement.

37 — REUSE OF THIRD-PARTY CONTENT. Your discretion is advised when using any third-party materials from this site for any purpose. They may be governed by third-party rights. The page/post will show the source and/or the hyperlink. Attribution to me is optional. For commercial reproduction, please contact the third party directly.

38 — REUSE OF THIRD-PARTY LICENSED CONTENT. Certain third-party content herein have been specially licensed to me or released exclusively for this blog. The words “Reproduced with permission” indicates the content IS NOT FOR REPRODUCTION ELSEWHERE. If you wish to use them, please contact me first via the Contact Form.

39 — DERIVATIVE WORKS. Derivative works (including those for commercial use) of my own copyrighted content will be considered on an individual discretionary basis. Contact me prior to use (stating “Derivative Request” or “Commercial Request). Include your full name, contact details, and nature of use. The general rule is a non-commercial derivative work requires no prior permission from me — but does require my byline, permalink back to my original content, and notification of use to me. The byline style is “Original © Lipsync Lawyer.”

(See also section COPYRIGHT & TAKEDOWN NOTICES above)

Service of process

40 — Send all service of process to my lawyer:—

Mr Ka-bo HO
HUEN & PARTNERS, SOLICITORS
22nd Floor
9 Des Voeux Road West
Central District
HONG KONG
Telephone (+852) 2219 7777
Fax (+852) 2105 6077
Website: http://www.huens.com.hk
Email: hkb@huens.com.hk

Sources and citations

41 — Some people literally (not figuratively) forget this is a PERSONAL BLOG and I wasn’t writing a normal, refereed academic research paper due for peer review.

Rider 41.1 — That being the case, you should operate on some realistic level and make allowances for that self-evident fact. It isn’t always about you or how you like things to appear. Free free to disagree — and seek alternative reading matter.

42 — Some articles have an unpublished version that contains the sources. To request a copy of the sourced version, PRESENT YOUR CASE FOR NEEDING THAT using the Contact Form. My decision to provide or not will be final and conclusive, thank you.

43 — The Author and/or contributors have discretion and judgment as to include or exclude sources and citations, and objections to the contrary will not be entertained. Your understanding is appreciated.

44 — Content herein is as reasonably ‘original’ as The Author could manage. I use a wide variety of sources, but most of the time I tend to work from memory and also talk to people when preparing the writeup. Sometimes it is actually unwise and professionally unacceptable for me to cite my sources. After all, this is my blog. To be brutally honest, I’d rather have my stuff here in my own way to reflect my own ‘angle’ as much as possible. Again, feel free to disagree with this and look elsewhere for your preferred reading matter.

Rider 44.1 — Use Copyscape or various other anti-plagiarism tools, and you’ll find my content is almost entirely unrepeated anywhere. That is prima facie evidence of original content and not sponged off from somewhere. Regardless, the stuff that I put across as ‘fact’ are mostly verifiable with reputable sources, even if only on the Internet. Draw your own conclusions

Submissions for publication

45 — Unsolicited editorial submissions or contributions are welcome, even though I am not currently seeking guest contributions. Send all submissions to my email direct. I have discretion to run (or not) anything you send to me. If I decide to run the material, understand it would be on a PRO BONO (free) basis — because this blog is non-profit and non-commercial (Clause 1). I would prefer it more if you’d start your own blog, however.

Typos and grammar

46 — Comment threads are not the place to point out copyediting mistakes. Everybody makes typos and grammar mistakes from time to time, and I have my own human limitations for making them (and correcting them). Grammar queries and complaints will be ignored altogether since this isn’t a language or grammar blog.

47 — I am not a mindreader either. Please indicate the nature of your complaint or upset — not just a single word in the comment box in the hope that I (or indeed anyone) will figure out your meaning.

Rider 45.1 — Not to sound too immodest, my English is at a high level. My phraseology is in fact correct English usage that even some native English speakers aren’t aware of. We have only 24 hours in the day; the rest is up to you. Please make reasonable allowances. If you don’t like my brand of English, don’t read it. Simple as that.


© Lipsync Lawyer, 20 Dec 2016. (B16316)

Image courtesy of the Twenty Sixteen theme.

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