The following describes the terms and conditions (the “Terms and Conditions”) by which we at Shallowfish™ offer you the information (including the Intellectual Property [as defined below]), services and products on our web site and related web pages (collectively, the “Services”).
We reserve the right to modify, amend or restate the Terms and Conditions from time to time with or without prior notice.
Your use of this web site and any Services after the posting of modifications to these Terms and Conditions will constitute your acceptance of the Terms and Conditions as modified.
Use of this Web Site
You represent that you have read and agree to be bound by the Terms and Conditions. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Services in accordance with the Terms and Conditions, not to use the Services for illegal purposes, and not to interfere or disrupt the networks connected to the Services.
Acceptance of terms and conditions:
Restrictions on Use
You may not use the Services for any illegal purposes or in any manner inconsistent with the Terms and Conditions. You agree to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
You agree to promptly notify Us upon becoming aware of any unauthorized access or use of the Services by any party or any claim that the Services infringes upon any copyright, trademark or other contractual, statutory or common law rights.
Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.
YOU MAY NOT USE THE SERVICES IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.
YOU WILL NOT USE THE SERVICES OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL.
YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS.
This web site contains material which is derived in whole or in part from materials supplied by Us and various other sources. This web site, including but not limited to its text, logos, content, photographs, flash animations, video, audio and graphics (the “Intellectual Property”), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services.
If you would like to make copies and/or distribute certain information, please contact us.
No License Granted
You acquire absolutely no rights or licenses in or to the Services and materials contained therein other than the limited right to utilize the Services in accordance with the Terms and Conditions. Should you choose to download content from the Services, you must do so in accordance with the Terms and Conditions. Such download is licensed to you by Us only for your own personal, noncommercial use in accordance with the Terms and Conditions and does not transfer any other rights to you.
We do not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the web site or linked from the web site. All information contained on this web site has been obtained from sources believed by Us to be accurate and reliable. The ads, press releases, and newsletters are also provided by the identified organizations. We do not edit or control the information We receive, although it may note obvious errors that have been discovered. Due to the possibility of human and mechanical error, We are not responsible for any errors or omissions.
All present and future rights in and to the Intellectual Property and other proprietary rights of Us of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services (the “Intellectual Property Rights”) shall, as between you and Us, at all times be and remain the sole and exclusive property of Us. All present and future rights in and title to the Services (including the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to Us for Our exclusive use. Except as specifically permitted by the Terms and Conditions, you may not copy or make any use of the Services or any portion thereof.
The material provided on this web site could include technical inaccuracies or typographical errors and the web site may be subject to periods of interruption. We may make changes or improvements at anytime.
Limitation of Liability
While We (McLean Multimedia, inc, aka Shallowfish™) endeavor to maintain the highest professional quality of the Services We offer on Our web site, We cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this web site. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, the use of, or the inability to use, the materials in the Services even if there is negligence by Us or an authorized representative of Us; user has been advised of the possibility of such damages. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. Our total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence, or otherwise) will not exceed the amount you paid to Us to access the Services.
You agree, to the extent permitted by applicable law, to indemnify and hold Us, Our officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Services using your computer, of any Intellectual Property or other right of any person or entity. McLean Multimedia, inc, aka Shallowfish™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Policies Concerning Claims of Infringement
It is Our policy to respond expeditiously upon receiving notice of claimed intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.
All notices of copyright infringement should be sent to Us.
Notices of copyright infringement should contain the following information:
– A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
– Identification of the copyrighted work claimed to have been infringed.
– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit We to locate the material.
– The address, telephone number, or email address of the complaining party.
– 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.
– A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We reserve the right to remove and/or disable access from the Service to web pages of repeat infringers and reserves the right to terminate all account holders and subscribers who are repeat infringers of intellectual property laws.
We are not responsible for any direct, indirect, incidental, consequential or any other damages arising out of or in connection with the use of this web site or in reliance on the information available on the web site. This includes any personal injury, business interruption, loss of use, lost data, lost profits, or any other pecuniary loss, whether in an action of contract, negligence, or other tortuous action, even if We have been informed of the possibility.
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of New Mexico, United States of America, notwithstanding any principles of conflicts of law and you hereby consent to the jurisdiction of such courts. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions
Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches. If We ask a third party to provide Services through this web site, the provisions of this agreement shall apply to your use of the Services, unless otherwise noted. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Our reasonable control.