Category: Other

See also: http://underlore.com/microsoft-jumps-on-the-rights-denial-steam-bandwagon/

Got this in email just now.

 
Resolution of Disputes

We have revamped our dispute resolution process by introducing arbitration provisions that will enable users throughout the world to resolve disputes they may have with Evernote more expeditiously and less expensively.

Using arbitration to resolve claims means that users will not be required to travel to California (or Switzerland, for Evernote GmbH users) to file a lawsuit and appear in court and, if the amount of the claim is less than US$10,000, the arbitration may even be done over the phone or internet, depending upon the circumstances. In an effort to resolve all disputes promptly, we are also including a provision that requires both parties to use good faith to initiate the arbitration proceeding within 30 days, with a mutually acceptable arbitrator managing the process.

Our changes will provide users outside the US an option to have their dispute resolved through arbitration, but under a special US law, we are requiring users in the US to use binding arbitration as the exclusive means for resolving disputes and to agree that such claims will be resolved only between them and Evernote (prohibiting participation in class actions or similar representative actions).

We feel strongly that requiring arbitration of disputes on an individual basis will enhance our ability to work with our users to resolve disputes, while ensuring that an individual user maintains control of the issue raised and resolution desired – and that this will happen much more quickly than the long months or years that class action matters typically require. Because we are requiring arbitration for US users (and others subject to the US Federal Arbitration Act), we will pay the arbitration-related fees for all claims up to US$10,000 and even in cases involving more than that amount if those fees would be prohibitive compared to litigation costs, unless, in either case, the claim asserted is determined by the arbitrator to be frivolous. We appreciate that this is a significant change, so we will permit existing Evernote users who do not agree with this change to “opt-out” of the arbitration agreement by notifying us via the methods described in our Terms within 30 days of December 4, 2012 (the effective date of our new Terms).

At least they include an opt out sort of… By closing your account >.>

Or of course by jumping through hoops.

https://evernote.com/legal/tos.php

In order to do so, you must send a written notice to us at Evernote Corporation’s address provided above that contains the following: (i) the statement “I do not agree to the Arbitration Agreement” and (ii) your username and email address associated with the Evernote account(s) to which the opt-out shall apply. You must sign the opt-out notice and ensure it is delivered to us no later than 30 days after the Effective Date posted at the top of these Terms for it to be effective. This procedure is the only way you can opt-out of the Arbitration Agreement. If you opt-out of the Arbitration Agreement, the rest of these Terms shall continue to apply, including the Alternative Dispute Resolution Process. In addition, opting out of the Arbitration Agreement has no effect on any previous or future arbitration agreement that you may have with us.

“We feel strongly that requiring arbitration of disputes on an individual basis will enhance our…” Immunity to legal recourse. Because what American company wants to be required to obey the law anyhow right?

Update:
I submitted this ticket to support.

http://underlore.com/evernote-latest-addition-to-the-class-action-band-wagon/

https://evernote.com/legal/tos.php

“This procedure is the only way you can opt-out of the Arbitration Agreement.”

Wow, that’s not slimy or anything.

So I can delete my account or anything else online but if it comes to protecting my right to legal recourse suddenly it’s the pony express days.

Fine, delete my account, I’ve already deleted my content.

I’ll be sure to tell all my clients and readers to avoid your “service” like the plague.

Since it’s Thanksgiving I’ll say something to you both that I think pretty frequently, but is just kind of hard to work into normal conversation.

Thanks for being literally the best parents I have ever known. I mean that objectively. No other parents have demonstrated such consistent respect, compassion, and ethical fiber. You both have broken a cycle at a personal level that has plagued mankind at a social level since we developed farming. While others are slaves to their past, you two have largely risen above it, and in so doing give me great hope for my own future and my own abilities to transcend such things given sufficient time.

You are both appreciated to a degree that is nearly impossible to express but I feel like now is a good time to make the attempt. Indeed if my actions were to reflect this level of appreciation I would no doubt appear quite (even more so) insane.

Your intentions are the very model of ethical quality. My ethics are as I have said many times my best feature and I copied them wholesale from you both. Though I developed and carried them to logical places you did/have not by applying them to global issues, they are still regardless of that extra development in every sense that matters, yours. They are the greatest gift it is humanly possible to give, and though agencies of our culture seek to ruthlessly and often successfully exploit them for my loss and their gain, I would die before giving them up.

They have provided a sense of self worth and identity that have made it demonstrable objectively if we share axioms that the world is definitively an ever so slightly better place for having had me in it. The value of such a gift, of being able to say such a thing with absolute conviction, is beyond quantification.

And this is but the capitol city of an entire planet of actions worthy of praise and expressions of gratitude. Your unflinching tolerance of me and who I am provides a model for the very apex of logical compassion. In one of life’s more benevolent paradoxes and ironies it is this very tolerance that has made me struggle so hard to be worthy of it. It is the precise opposite of bribery and coercion, and the mechanisms that allow it to function have provided for me a template upon which to build a world view that could well save humanity from extinction if anyone would listen.

But even if they don’t, I know these things down to my marrow and can prove almost all of them. That too is a gift directly from the both of you.

Every compliment I am given, is in truth yours, every improvement I have made to the lives of those around me, is yours. Conversely my flaws and the minor harms I have done are mine alone and stem only from my own errors or weaknesses, which again thanks to you I can gracefully accept, admit, and endeavor to correct.

I love you both literally more than humanity’s future, literally more than my own oxygen supply.

The world deserves to hear more from the both of you, indeed it NEEDS to hear more from you. Echoing the greatness of your intentions is the core of my life’s work, and I can’t help but feel like I am a poor substitute indeed. But such is your choice and for me it only makes this all the more profound because if humanity does ever listen they will wrongly give me the credit for it, yet another gift from you to me of superlative value.

Please accept my sincerest thanks on this Thanksgiving.

I’ve started watch this film at the suggestion of one of my G+ friends.

Right away I’m a little concerned. The music, the imagery, the whole “life is beautiful” pitch all are familiar elements typically calculated to manipulate. As they film went on some claims were made about a “code” and about infinite “energy.” I’m immediately reminded of “the secret” and other such crap.

As a result of this initial impression I Googled the name of the film’s primary character and found this.

https://thrivedebunked.wordpress.com/tag/foster-gamble/

This break down of the film is much better than mine.

Timestamp 00:11:20
I really hate stuff like this. Crap that’s supposed to look like some kind of legitimate interview or spontaneous conversation when it’s really just a delivery mechanism for rhetoric. Further, this “patterns are everywhere” type talk while of course true is ultimately meaningless and is deployed to soften the critical defenses of the viewer. Yes nature loves a Torus, but it also loves spirals and circles and lines and and and…

I see the stupid fake smiles and nodding like this guy just now heard this crap for the first time. No.

Timestamp 00:15:00
Oh god here we go. Look, if you have free energy, prove it. Make the damn things and give them away. Wire up houses to be off grid or power sellers. Each house you do this with will become a permanently activist household. Their every negative electric bill will become a check. Or better yet pick a house, any house and start selling juice back and reinvest that money into more devices till you’re the power companies main supplier and you have a whole county worth of land to yourself, and stay public the whole time.

Contrary to popular opinion The Company isn’t capable of suppressing something like that.

Timestamp 00:16:00
Oh boy pyramids and Mayans! *facepalm*

Timestamp 00:19:00
Symbol geometry, pretty, but still inkblots and faces in the clouds. Yes geometry is ordered and there are parallels all over the world, that’s because 1+1=2 everywhere on our planet.

Timestamp 00:21:00
Uhh, it’s not a code. It’s an extrapolation from the same initial data.

If you want to explore the real version of this stuff check out Chaos it’s not the best book in the world if you’re shooting for your phd in chaos math but it’s cheap and interesting and a damn fine introduction.

Timestamp 00:22:00
Aliens… Look, even if true you’re dooming your argument. Dragging aliens in is a disservice to your argument and theirs.

Timestamp 00:26:00
Crop circles… Same deal, even if true, you’re screwing things up.

Timestamp 00:28:00
Ok I was unaware of this. It’s apparently called the Arecibo Crop Circle. That’s provocative. I’ll definitely be digging into that. I find the crop circle antennae connection thing intriguing as well.

Timestamp 00:29:00
Gah, this is like the geometric version of numerology. It’s like the 216 lecture in PI. Yes many of these images contain elements of the torus. But perhaps geometry is the point in and of itself, expressing math alone.

Also I just want to say higher math doesn’t require computers and high technology.

Timestamp 00:31:00
Eh, no, not really. The problem with being alone is that for all we know whole classes of study are dead ends. Light speed may well be inviolate and that may be impossible to prove. Godel predicts that every complete system has statements which are both true and unprovable. That may be one of them. Assuming that just because a species/culture is a million years our senior doesn’t mean they have all the answers or that they can accomplish anything we can think up.

Legitimacy of the UFO/alien/crop circle thing is countered by it’s vagueness. Whether or not study would revel X and whether or not study is being suppressed is irrelevant because ultimately it hasn’t revealed X for whatever reason. UFOs prove absolutely nothing about what’s possible or not in terms of FTL travel or power generation.

Timestamp 00:34:00
Tesla now? Sheesh is there a pop conspiracy topic not hijacked by this guy?

Timestamp 00:35:00
Yeah, sure it does pal, see above. When your device is responsible for me getting a check every month from the electric company then I’ll believe you. Yes there is juice everywhere, it’s called the electromagnetic field. If you can tap that, do it, quit talking about it and do it. Same thing for every free energy project. Wire up one house, spend the money building more, scale up. If the government takes it, upload the plans, NOT sell them, and build another one. If you’re being threatened then that’s all the more reason to release it and demand asylum somewhere.

If they are being murdered and silenced effectively then that’s a lesson to the rest of us to stop trying to be famous and rich with it and just give away the material.

I give up, I just don’t have the stamina to watch any more of this crap. I tried, I really did, maybe I’ll come back, but I doubt it.

I’ve always wanted to know EXACTLY what this thing is. And I finally dug in and found out.

It looked very much like a Nagant to me but, there are some problems. The most damning of which is that the loading gate very clearly swings back on the firearm in the film, but swings out on the Nagant and it’s variants.

http://www.imfdb.org/wiki/Nagant_Revolver

But not too many guns had a rear swing loading gate, and that allowed me to figure out what we’re looking at, and it makes sense that it would be Italian in a low budget Italian movie.

In my opinion Cemetery Man’s Revolver is an Italian Bodeo Model 1889 service revolver.

Here is a link to some wonderful photos of the model in question being sold at auction.

http://www.auctionarms.com/search/displayitem.cfm?itemnum=9187995

And here are all the good angles from the film.

Update: 2016-03-02 0731 PM

These infants really know how to hold a grudge lol

I had about 700 subscribers back in the day. People loved my work. I spent years writing essays and publishing them to SU. No doubt eclipsed and replaced by now but I’d love to sue them for access to my work but I couldn’t get a lawyer to so much as write a letter for me unless I forked over 5000$.

That’s when I learned to always be aware that your content might vanish instantly form any social media archive: https://plus.google.com/+BrandonSergent/posts And that legal protection is a myth in the United States unless you’re wealthy.

What good is the law being on your side, as rare as that already is, if the only way to get it applied is to handsomely pay lawyers?

SU stole my content and because I’m poor I can never get it back. I know I’ll never see justice in this. That will always make me sad.

The meanness of it. The pettiness. And the fact that this behavior is handsomely rewarded while honor on the other hand is forced into a life of constant struggle to the point that much of the population has become convinced that struggle itself is intrinsically honorable, which isn’t actually true.

I’m also frustrated by the fact that because there are so many other greater injustices and there presumably always will be, petty injustices like this one will always be ignored by virtue of there always being something more important to address first.

/smh

Original Post:

overview for Innomen.

It seems I can’t use it to send links to people, still looking for an alternative. Preferably open source.

Looks like a reddit and twitter along with this blog of course are going to be my main links to the community.

While popurls.com is going to be my incoming stream.

My reddit page, please up vote the stuff you find interesting: http://www.reddit.com/user/Innomen/

My twitter: http://twitter.com/Innomen

You can also rss me. http://underlore.com/TBA/?feed=rss2

Other contact info on my about page.

Also if you’re feeling helpful feel free to review me at http://www.stumbleupon.com/url/Innomen.stumbleupon.com/ and link here and to the story of my censoring.

http://underlore.com/TBA/?p=755 <—< The story.

K, you’ve made it so that I can officially say I’ve made money from my webpage.

This marks my very first donation.

Thanks very much man 🙂

Deeply appreciated.

(I’ll spam up your projects in this post after I get the OK, just in case you want to stay anon.)

And for everyone else, check out the YouTube video he linked to in the memo of the donation.