terms of service

Website Terms and Conditions (“Terms of Use”)

 

Last updated: May 31, 2018

 

 

By using the PogoFish Media (PFM) website, you signify both your assent and agreement to these and the following Terms of Use. If you do not agree to these and the following Terms of Use, do not use this website.

 

Restrictions of use of this website’s materials

 

This website’s materials are copyrighted. All rights are reserved. All intellectual property, including but not limited to images, videos, programs, text, graphics, and HTML code, are protected by US and international copyright laws. Materials may not be copied, duplicated, reprinted, reengineered, published, translated in any language, hosted, or otherwise distributed in any way or by any means, without explicit and written permission of PogoFish Media.

 

Inclusion of portfolio samples of our clients’ books; book covers; author, professional, or other photographs and videos; and similar media and materials for which we and/or our contractors have provided creative, design, development, photographic, videographic, and other assistance; whether purchased or unpurchased, whether published or unpublished; is done so according to fair use doctrine in the United States copyright law. Anyone who decides they no longer want their materials to be displayed in our portfolio may contact us at PogoFishMedia@gmail.com to have them removed.

 

Resources' and programs' ownership, license, and use

 

PogoFish Media warrants and you accept that PogoFish Media is the owner of the copyright of the resources and programs we create as well as articles and other resources we make available through PogoFish Media, and we reserve all rights.

 

PogoFish Media grants you a nonexclusive and nontransferable license to view and use the resources and programs that we make accessible to you, subject to these Terms of Use. You may use the resources and programs for viewing and extracting information for your private use or the private use of your business. You agree that access, passwords, and all content is nontransferable by you to any other party.

 

Liability

 

All materials provided in or via this website are done so “as is.” We make no warranties, not express, not implied, not of any kind. PogoFish Media denies all warranties, express or implied, which includes but is not limited to implied warranties of applicability for any particular purpose, results from use, accuracy, completeness, reliability, freedom of functional and other errors, that any errors will be corrected, or that this website or its server which enables it to be available are devoid of computer viruses or other components which may be harmful. Should an applicable law or laws disallow the exclusion of implied warranties, the exclusion detailed above may not apply to you.

 

PogoFish Media shall, under no circumstances, which includes but is not limited to negligence, be liable for any damages, special or consequential, that may result from utilizing, or the inability to utilize, the materials in this website, even in the event PogoFish Media or a representative it authorizes has been notified of the possibility of such potential damages. Should an applicable law or laws disallow the exclusion of liability for damages, either incidental or consequential, the exclusion or limitation detailed above may not apply to you. PogoFish Media’ total liability to you for all damages, any losses, and any causes of action shall in no event and at no time exceed the amount you paid, if any, for access to PogoFish Media’ site, resources, programs, products, or services.

 

We believe our data to be accurate at the time they are made available in or through this website, and we strive to make it so. We may make changes at any time without any prior notice of any kind. All data provided in or through this website are to be utilized for solely for informational purposes, and are not intended to provide any specific advice, and shouldn’t be relied on in that regard. The services provided via this website are offered only in jurisdictions that legally permit them to be offered. The information we provide should not be considered or relied upon as flawless, all-inclusive, or up-to-date.

 

Links

 

PogoFish Media’ site owner may or may not be affiliated with websites that this site may link to, and PFM is not responsible in any way for the content at these websites, nor do we imply our present or future endorsement, or approval, of these websites, or of any product, service, or publication they may contain or make available to their users. We provide links for your convenience only. Access them at your own risk.

 

Confidentiality of information, access codes, and passwords

 

By accessing the PogoFish Media website, you agree to hold as strictly confidential any user name, user ID, access code, password, and all contents and information contained in the resources, programs, and other information that we grant you access to located in password-protected areas of the PogoFish Media website as well as our affiliated websites. You further agree to not divulge to or permit, enable, or cause any other person to receive any PogoFish Media-created or -generated information whatsoever in any form or through any communication or medium.

 

Additional Terms of Use

 

The Term of Use contained herein will be applicable to every access to this PogoFish Media website as well as its affiliates. PogoFish Media reserves the right to revise these Terms of Use and publish any revisions on this website. As of that date of publication, the revised Terms of Use will then apply to all current and future use and separate transactions, until any further revisions are made and published.

 

The Term of Use contained herein and any license granted may not be sublet nor assigned by you without the advance, written consent of PogoFish Media.

 

The Term of Use contained herein will be construed, enforced, and governed according to the laws of Illinois, as they apply to such agreements mutually entered into and shall be performed within the same jurisdiction in entirety.

 

In any way you have either violated or have threatened to violate PogoFish Media’ intellectual property rights and to the extent you have done so, PogoFish Media may seek to obtain injunctive or any other appropriate relief, in any state or in any federal court in Illinois, and you agree to exclusive venue and jurisdiction in such court(s).

 

Should a dispute arise under this agreement, both you and PogoFish Media agrees to try first to solve it with the assistance of a mediator we mutually agree upon in the following location: McHenry, Illinois. Any fees and costs other than attorneys’ fees related to mediation will be equally shared between us. Each party is responsible for his or her own attorney’s fees.

 

If mediation fails to bring about a mutually satisfactory resolution, we mutually agree to submit said dispute to binding arbitration at the following location: McHenry, Illinois, under American Arbitration Association’s rules. Judgment on the arbitration-rendered award may be entered in any United States or other court that possesses the jurisdiction to do so.

 

Should any provision in this agreement be legally declared unenforceable or void, whether in part or in whole, the remaining provisions in these Terms of Use shall not be affected in any way.

 

Termination

 

Until and unless either party elects to terminate these Terms of Use, these terms remain in effect. In order to terminate this agreement, which you may choose to do at any time, do so by returning to PogoFish Media or destroying any and all materials, documentation, and all copies you have obtained or made from or through PogoFish Media and its affiliated websites, whether obtained under this agreement’s terms or otherwise.

 

PogoFish Media reserves the sole discretion to terminate this agreement at any time and without any notice. Should PogoFish Media terminate this agreement, you must return to PogoFish Media or destroy any and all materials, documentation, and all copies you have obtained or made from or through PogoFish Media and its affiliated websites, whether obtained under this agreement’s terms or otherwise.

PogoFish Media

P.O. Box 2151

McHenry, Illinois 60051​​

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