Fruit Cove Media, LLC

Fruit Cove Media, LLCFruit Cove Media, LLCFruit Cove Media, LLC
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Fruit Cove Media, LLC

Fruit Cove Media, LLCFruit Cove Media, LLCFruit Cove Media, LLC

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filler@godaddy.com

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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)):

  1. Physical or electronic signature of a person authorized to act on  behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. 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;
  5. 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;
  6. 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.


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Copyright © 2022 Fruit Cove Media, LLC - All Rights Reserved.

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