Use of Content from this Website
Intellectual Property Rights in Content
Floatograph is the owner of the compilation of content that is posted on the Site, which consists of text, images, audio, video, databases, design, codes and software (“Content”). However, we do not necessarily own each component of the compilation. The Content that we make available on the Site may be owned by us, owned by others and used with their permission, or used in accordance with applicable law.
Any of the trademarks, service marks, and logos that appear on the Site are registered or common law (unregistered) marks of Floatograph or third parties. You may not use these marks without the prior written permission ofFloatograph or third party owner, as appropriate. Send your permission request or other inquiries to our Information Officer.
Permitted Uses of Content
You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Subject to your continued compliance with these TOU, Floatograph grants you a non-exclusive, non-transferable, limited right to access, use, display this Site and the information, images, and text (“Content”) contained on it. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
You may not use the Content for commercial purposes. This means that you may not sell the Content or sell materials, products or services that use and incorporate the Content, nor may you use the Content to promote or advertise products or services. If you wish to use the Content for any purpose beyond the permitted uses, such as a commercial use or publication, you must obtain prior written permission from Floatograph. Send your permission request or other inquiries to our Information Officer.
If you have any complaints or objections to Content posted on the Site because it was not properly credited or it was posted without permission and you are the copyright owner, please contact us with your contact information and a link to the relevant Content. Send your Notice to:
Designated Copyright Agent
Floatograph Technologies, LLC
340 So. Kellogg Ave, Ste I, Goleta, CA 93117
Please provide our Agent with the following Notice Information:
- Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Floatograph will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
Links FROM Third Party Sites
We understand that linking is an important feature that facilitates searching and making connections among websites. If you link to the Site, you agree to present the link in a manner that does not give the impression that Floatograph endorses, whether expressly or implicitly, any products, services or opinions provided on your website and that the link contains a clearly written notice that the user is leaving your website and accessing another.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FLOATOGRAPH’S OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
Representations and Warranties and Indemnity
By using the Site, you represent and warrant that your use will be consistent with these TOU. You agree to indemnify, defend and hold Floatograph harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), arising out of your use of this Site, your breach or alleged breach of these TOU, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Floatograph reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to cooperate with our defense of such claim.
Applicable Law and Jurisdiction
These TOU and any amendments or revisions shall be governed by applicable federal law and the laws of the State of Maryland, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these TOU shall be brought in the appropriate federal court in Maryland, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Effective Date: May 6, 2011