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Legal Notice - Disclaimer & Terms of Use.
PLEASE READ CAREFULLY.
Access to and use of this site is provided subject to these terms and conditions.
This is a legal agreement between you and flyinfisch.com, a website that provides flyinfisch’s music for digital download for a fee.
You must accept and abide by the terms, as use of this site constitutes acceptance of these terms and conditions.
Flyinfisch.com reserves the right to change, add, or remove portions of this agreement at anytime.
It is your responsibility to check the agreement each time before using the website, and your continued use of the website will indicate your acceptance of any changes.
1. Description of Service.
Through the use of the flyinfisch.com website, you are permitted to listen to samples (30 second stream) and obtain digital downloads of sound recordings. Files downloaded from flyinfisch.com can be listened to on your computer or portable digital audio devices. Each full song or digital download is available for a $1.00 fee.
flyinfisch.com service and tracks are only for your personal, noncommercial use. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the site on which the service is offered, and/or (c) to browse, stream, download, play back, burn or transfer the tracks accessible through the service.
2. Registration – Data – Account
To use the service you must register and provide certain information (e.g. a valid email address, password, and billing information) to flyinfisch.com. The registration data is for the purposes of creating an Account, called "my account." You agree to provide current, complete, and accurate registration data at the time you register and you will update your registration data as necessary to keep it current, complete and accurate. flyinfisch.com may terminate your account and any or all rights to the service if any information you provide is inaccurate, false, or incomplete. You agree that flyinfisch.com may store and use the registration data you provide for use in billing fees to your credit card and maintaining your accounts.
3. Security of Account.
You are solely responsible for maintaining the confidentiality and security of your account. You agree to notify flyinfisch.com immediately of any unauthorized use of your password and/or account. flyinfisch.com shall not be responsible for any losses arising out of the unauthorized use of your registration data or account, and you agree to hold harmless and to indemnify flyinfisch.com for any improper, unauthorized or illegal uses of the same. You may not attempt to gain unauthorized access to the site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, flyinfisch.com will terminate your Account and consider legal actions.
4. Consent to our communication with You by E-Mail.
By establishing a flyinfisch.com account, and each time you make a purchase through our site, you grant permission for flyinfisch.com to contact you at your e-mail address.
5. Objectionable Material.
When using the service, you understand that you might encounter content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language. You agree to use the service at your own risk and flyinfisch.com shall have no liability to you for content that may be found objectionable, indecent, or offensive.
USE OF SERVICE, CONTENT, SOFTWARE, TRACKS, AND MATERIALS
All rights not expressly granted to you in this agreement are reserved to flyinfisch.com.
6. Content.
All music, downloaded or samples, and all software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the flyinfisch.com website (collectively the content), including but not limited to the layout, election, organization, and coordination of such content on the website is the property of or is licensed to flyinfisch.com, and is protected by trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of flyinfisch.com, and except as provided in this Agreement, no content may be transmitted/translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any commercial purpose.Furthermore, you may not print any materials on the flyinfisch Website without written consent from flyinfisch.You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files (including, but not limited to .AIFF, .mp4, .mp3, .ra or .rm files) made available for playback on the flyinfisch website.You may not link directly to any .ram, .mp4; or .mp3 files located on the flyinfisch server, and you should not attempt to "pass-off" any of flyinfisch's content as your own work.
7. Content Usage Rules.
The flyinfisch.com has a full right to cut the User's access to the service, if flyinfisch.com rules are not followed. The responsibility for knowing the rules lies with the User himself.Flyinfisch.com RESERVES THE RIGHT TO ENFORCE THE CONTENT USE RULES WITH OR WITHOUT NOTICE TO YOU. Your access to and/or use of any track(s) will be limited by the rules assigned to the track(s) by flyinfisch.com ("content usage rules") and described in this section. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Service or any of the usage rules.
A "sample" is a 30 second, promotional portion of a track. Samples may also consist of a promotional music video. Samples are offered at no cost to you, and you may play as many samples as you like. You may not attempt, or support others' attempts, to download, copy, or capture a sample.
A "download" is a purchased track that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, (3) burn to a CD/DVD. flyinfisch.com shall have no liability for lost, damaged, or destroyed downloads. Any security technology that is provided with a download is an inseparable part of the download.
You shall be authorized to use the downloads only for personal, noncommercial use. The downloads are strictly limited to your personal use and any use or sharing outside the doctrine of Fair Use, as provided in the United States Copyright Code, is in violation of Copyright and Intellectual Property laws.
8. Prohibited Uses of Digital Downloads.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the downloads. You may not play and then redigitize any downloads. You may not create any "derivative works" by altering any of the Content. You may not use the downloads in conjunction with any other third-party content (e.g., to provide sound for a film). YOU MAY NOT UPLOAD DOWNLOADS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of downloads to devices for such purpose is prohibited.
CHARGES / BILLING
9. Agreement to Pay.
You agree to pay for all Products that you purchase through the service and flyinfisch.com may charge your credit card for any products purchased. You hereby agree to authorize flyinfisch.com to charge your credit card for the above mentioned. YOU ARE RESPONSIBLE FOR PROVIDING flyinfisch.com WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES.
If any of your billing information changes, you are responsible for updating the information in the applicable section of your account. You are responsible for any charges on your account that are incurred by any person through your account, and you are solely responsible for keeping your account secure and confidential.Payment for musical files (songs) is made through the User's personal account in correspondence with the tariff set by the flyinfisch.com.
10. Sales to End Users Only.
Flyinfisch.com sells songs to end user customers only, and not to music dealers, exporters, wholesalers, or any other businesses with intent to resell.
11. Flyinfisch.com Right of Refusal.
Flyinfisch.com reserves the right to refuse Service or sale of Tracks for any reason, to any End User.
12. Right to Change Prices and Product Availability.
Prices and Availability of Products (e.g., Tracks) offered through the Service are subject to change at any time.
13. Digital Download.
Each Digital Download is an Individual Sale and Subject to the Terms and Conditions of this Agreement. Each purchase of Digital Downloads by You will be regarded as a separate transaction and each delivery of a Digital Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.
14. No Refunds.
All sales are final and all charges from those sales are nonrefundable. IF YOU HAVE PROBLEMS DOWNOADING A TRACK THAT YOU PURCHASED, PLEASE CONTACT US INMEDIATELY AT info@flyinfisch.com
15. Methods of Payment and Credit Card Terms.
Flyinfisch.com does not currently accept cash, money orders, checks, or any other form of payment. Users can purchase songs through Paypal and Authorize.net services, both services support all major credit cards, Visa, or Master Card, Switch/Maestro, and Solo. It is entirely up to the User to choose a preferred method of payment.For fast processing please make sure that your billing address is entered correctly as it appear in your account. After payment is processed, (immediately) You will be able to download the purchased songs from Your flyinfisch.com account.
Flyinfisch.com reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s), (including any applicable taxes), at the rates in effect when the charges were incurred. You, not flyinfisch.com, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement, not this agreement, to determine your rights and liabilities as a cardholder. Obligation to pay for products or digital download orders previously accepted by flyinfisch.com will survive your termination of the terms and conditions of usage.
16. Electronic Signatures and Contracts.
Your use of flyinfisch.com service includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
17. Restrictions.
You may not use the service (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; or (iv) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the service or any networks connected to or by the service. In addition, you may not use a false email address or otherwise mislead other members as to your identity or the origin of a message or content.
18. Privacy.
For additional information regarding flyinfisch.com use of information collected in connection with the service, please refer to flyinfisch.com Privacy Policy, available at the bottom of this page.
19. Copyrights.
All copyrights in and to the service, including but not limited to, the flyinfisch music store (Including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by flyinfisch.com. The use of the software or any part of the service, except for use of the service as permitted in this agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement.
20. Trademarks.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the service are the property of flyinfisch.com. You may not copy, display or use any of these marks without prior written permission.
21. Violation of Intellectual Property Rights.
If flyinfisch.com finds out or receives a notice alleging that you have engaged in behavior that infringes flyinfisch’s intellectual property rights or reasonably suspects the same, flyinfisch.com may suspend or terminate your account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.
22. Indemnity.
By using this Service you agree to indemnify and hold harmless flyinfisch.com and its agents, employees, directors, contractors, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this agreement and your use of the service, the tracks, and content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
23. Termination.
• A. If you fail, or flyinfisch.com suspects that you have failed, to comply with any of the provision of this Agreement, including but not limited to failure to make payment of fees due, failure to provide flyinfisch.com with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, flyinfisch.com, at its sole discretion, without notice to you may: (i) terminate this agreement and /or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) preclude access to the service (or any part thereof).
• B. flyinfisch.com may, at its discretion, modify, suspend, or discontinue the service (or any part or content thereof) at any time with or without notice to you, and flyinfisch.com will not be liable to you or to any third party should it exercise such rights.
24. General Compliance with Laws.
The Service at www.flyinfisch.com is controlled and operated by flyinfisch’s (Sole Proprietorship) from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the service.
25. Governing Law.
The laws of the State of Connecticut, of the United States of America, excluding its conflicts of law rules, govern these terms and your use of the service. Your use of the service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with flyinfisch.com or relating in any way to your use of the Service resides in the courts of the State of Connecticut, U.S.A.
26. Disclaimers.
• A. flyinfisch.com does not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free, and you agree that from time to time flyinfisch.com may remove the service for indefinite periods of time, or cancel the service at any time, with or without notice to you.
• B. flyinfisch.com makes no warranty that any particular CD burner or portable device will be compatible with the service or any content offered on the flyinfisch.com service.
• C. Under no circumstance shall flyinfisch.com be liable for any unauthorized use of the service or its content.
• D. Under no circumstances shall flyinfisch.com be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the products, service, or content, even if flyinfisch.com has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, flyinfisch.com shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.
• E. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by flyinfisch.com) provided "as is" and "as available" for your use, and to the maximum extent allowed by applicable law, flyinfisch.com expressly disclaim all warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
PRIVACY POLICY
Protecting your privacy is important to flyinfisch.com and by ensuring that you are knowledgeable and understand flyinfisch.com PrivacyPolicy, flyinfisch.com can provide you with better service.
flyinfisch.com collects personal information from you in an effort to market more effectively, facilitate your downloads, and offer a more personalized online experience.
flyinfisch.com will not sell nor share your personal information to commercial entities, advertisers, etc. flyinfisch.com is not in the business of exploiting its Users.
From time to time, flyinfisch.com may use your personal information to contact you to request your participation in a market research survey.
Your personal information is safeguarded through the use of flyinfisch.com managerial procedures, as well as physical and electronic procedures to protect security.
Final rights and duties of flyinfisch.com and Users
Flyinfisch.com has the right to:
1. Cut the User's access to the flyinfisch.com service without explaining the reason.
Flyinfisch.com takes on the duty to:
1. Respect the User's privacy and not give out his personal information.
The User takes on the responsibility to:
1. Pay for the services provided by flyinfisch.com
2. Not to give out one's login and password to others
3. Keep to the rules established in this agreement.
4. Not share songs
The User has the right to:
1. Cancel his flyinfisch.com registration any moment.
2. Stop receiving updating news by e-mail.
COPYRIGHT & TRADEMARK NOTICES
The Logo and flyinfisch fonts are the trademarks or registered trademarks of flyinfisch.
All songs written, composed, performed, recorded & produced by Adrian Fischer.
®©2007Flyinfisch. All Rights Reserved.
CREDITS
Logo design by Adi.
Web site design by LUCITÀ.
Biography written by Jennifer Moloney & KHF.
CONTACT
To contact flyinfisch, email Adrian Fischer at adrian@flyinfisch.com
If you have website comments, problems or questions, please direct them to info@flyinfisch.com
If you have business or licensing related inquires please contact us at license@flyinfisch.com