Terms of Use

Terms and Conditions

OWNERSHIP

Welcome to the Web site at www.fruitcovemedia.net (Site) which is owned by Fruit Cove Media, LLC (FCM). This Site is operated by FCM, and materials on the Site are owned by FCM. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and FCM. FCM has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and FCM. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at support@fruitcovemedia.net . FCM reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes. If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.

ACCESS AND USE

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material. The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of FCM or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute in digital form the online materials found on this Site can be made by contacting FCM via email.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

BULLETIN BOARDS, MEMBERS ONLY & BLOGS

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively 'Messages') to bulletin boards, chat rooms, blogs or other public areas within, or in connection with, this Site (collectively 'Forums'). However, FCM accepts no responsibility whatsoever in connection with or arising from such Messages.

FCM does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by FCM prior to posting and do not necessarily reflect the opinions or policies of FCM. FCM makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, FCM reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

FCM assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time FCM chooses, in its sole discretion, to monitor the Forums, FCM nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that FCM accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.

You agree that you will not submit Messages to Forums that:

are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to FCM that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
improperly assume or claim the identity, characteristics or qualifications of another person;
are for purposes of spamming;
contain any virus or other harmful component;
are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.

You agree that any Message whatsoever submitted by you becomes the property of FCM and may be used, copied, sub-licensed, adapted, edited, transmitted, distributed, publicly performed, published, displayed or deleted as FCM sees fit.

You agree to release FCM, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

LINKED SITES

If FCM has provided links or pointers to other Web sites, no inference or assumption should be made and no representation should be implied that FCM is connected with, operates or controls these Web sites. FCM is not responsible for the content or practices of third party Web sites that may be linked to this Site. This Site may also be linked to other Web sites operated by companies affiliated or connected with FCM. When visiting other Web sites, however, you should refer to each such Web site's individual 'Terms of Use' and not rely on this Agreement.

DISCLAIMER OF LIABILITY AND WARRANTIES

While FCM does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided 'as is' and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that FCM DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that FCM and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that FCM is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that FCM is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

INDEMNITY

You agree to defend, indemnify and hold harmless FCM, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

OTHER

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Agreement is governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Florida for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

FCM will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the 'DMCA') and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to FCM's Designated Agent.

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online side are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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 that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.