Terms of Use.
1. TERMS OF USE
1.1 Thank you for your interest in and use of our products, services, software, and the content contained or accessible therein (the “Services”). Flying Cow Media, LLC ("Flying Cow Media,” "we," "us," or "our") provides these Services to you ("you" or "your"), subject to the terms contained in these Terms of Use (this "Agreement"). This Agreement is a binding legal agreement between you and Flying Cow Media. Please read the terms and conditions of this Agreement carefully before using our Services. The Services and all data, design, text, images, illustrations, media, footage, and graphics, including all arrangements thereof, contained therein (collectively the “Media”) are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.
1.2. Flying Cow Media does not intend to solicit, collect, use, or disclose personal information gathered during the course of business with any person or persons who is/are under the age of majority in their jurisdiction of residence (hereafter “Child” or “Children”). Children are not authorized to use the Website unsupervised and are not authorized to create an account or submit any personal information to Flying Cow Media. By using the Website, and/or registering with Flying Cow Media, you warrant that you have reached the age of majority in your jurisdiction of residence.
1.3. Flying Cow Media reserves the right to change the Terms & Conditions at any time without notice. It is your responsibility to review the Terms & Conditions regularly. Your continued access or use of the Website after such changes indicates your acceptance of the Terms & Conditions as modified.
1.4. By using the Services, you consent to Flying Cow Media collecting and using your data as described in the Privacy Policy.
1.5. If you do not agree to abide by the Terms & Conditions, kindly do not use this Website.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. Copyright. All Media, text, and designs including the look and feel of the Website and its underlying coding and technology therein is the property of Flying Cow Media and third-party licensors and is protected by U.S. intellectual property laws, international treaty provisions, and any and all other applicable laws. Other than the limited license granted to you to use the Services on this website, Flying Cow Media and the copyright owners of the Media reserve all exclusive rights to their works not expressly granted herein and no such additional rights may be implied. Any additional license to use any of the Services in any manner beyond the scope of this website must be separately negotiated and agreed to in writing by the appropriate copyright owner(s).
2.2. Media Licensing. Any use of the Media or of any of the Services other than as specifically authorized herein, without the express prior written permission of Flying Cow Media or the applicable copyright owner, is strictly prohibited. The Media may not be copied, distributed, displayed, or reproduced in any manner whatsoever unless you have obtained the necessary written license from Flying Cow Media.
2.3. Flying Cow Media is a trademark of Flying Cow Media, LLC. These trademarks may not be used in any manner whatsoever without the express written consent of their respective owners.
2.4. Other marks. All other trade names, trademarks, registered trademarks, product names, and company names or logos mentioned or displayed on the Website or in any Media are the property of their respective owners. They may not be used in any manner whatsoever without the express written consent of the respective owners.
2.5. Unauthorized Use of Media. Unless you have received and paid for a license from Flying Cow Media.
2.5.1. It is illegal to copy or use any portion of any Media whether (without limitation) by photographic means, scanning, digital copying, saving it to any computer, posting it to any Website, or as reference for another media.
2.5.2. It is illegal to incorporate all or part of any Media into other media. Changing Media does not give you any right to use the changed Media. The original Media, no matter how modified, is still protected by copyright.
2.5.3. Any unauthorized use, publication, or transmission of any Media arising from your activities is an infringement of copyright, and you will be responsible for any fees, damages, and/or compensation arising from such unauthorized use. Any such unauthorized use will also result in the immediate termination of your rights under these Terms of Use and will constitute a breach of the license granted herein.
3. PROHIBITED ACTIVITIES
The Website is expressly created for the benefit of the clients and contributing artists of Flying Cow Media to enable the clients to find and license Media and to enable the artists to earn income from the licensing of their media.
3.1. Using the Website or the Content other than for its intended purposes is prohibited.
3.2. Without limiting the generality of the foregoing, you are prohibited from:
3.2.1. …using any data mining, robots, or similar data and/or media gathering and/or extraction methods in connection with the Website or the Content; and/or
3.2.2. …reverse engineering the Website or any of the Content; and/or
3.2.3. …manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; and/or
3.2.4. …removing any watermarks or copyright notices contained in the Content.
4. DISCLAIMERS & DISCLOSURES
4.1. Use of the Website is at your sole risk. The Website together with the Media and Content are provided on an “as is,” “as available” basis without representations, warranties, or conditions of any kind, either express or implied, including but not limited to representations, warranties, or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system, or software program. Flying Cow Media makes no representations or warranties that the use of the Website will be uninterrupted, error-free, or free from viruses or other disruptive or malicious software. Flying Cow Media recommends that you install appropriate firewall and anti-virus software for your own protection.
4.2. Linked Websites. Links to other websites are provided for convenience of reference only and do not necessarily constitute an endorsement by Flying Cow Media. Flying Cow Media makes no representation or warranty with respect to the content, practices, or reliability of any linked website.
5. LIMITATIONS OF LIABILITY
5.1. Limitations of Liability. To the maximum extent permitted by law, under no circumstances will Flying Cow Media be liable for any indirect, punitive, incidental, special, or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Media or the Website, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of the Website or any Media whether based on contract, tort, strict liability, or otherwise.
6. CLAIMS OF COPYRIGHT INFRINGEMENT
6.1. Flying Cow Media respects the copyright of others, and we require our contributing artists to do the same. All Media on the Website have been supplied to Flying Cow Media with the express assurance of the respective artists that they are original creations. Where Media has no obvious proprietary marking that indicates an exclusive owner, Flying Cow Media cannot have actual knowledge that the Media infringes upon any third party’s rights. Flying Cow Media has no right or ability to control the activities of Contributors who create and upload Media to the Website. In the event that a Contributor infringes upon a third party’s rights by creating or uploading Media, that Contributor is the sole responsible party for such infringement, and Flying Cow Media has no control over such activity.
If you believe that the copyright in any media that you own or control has been infringed, you may notify our Copyright Agent. A notice of claimed infringement must be submitted in writing to:
Flying Cow Media
1001 South Main Street # 4258
Kalispell, MT 59901
Phone: (406) 282-1718
E-mail: contact@flyingdogmedia.com
6.2. Your notice must include substantially all of the following information:
6.2.1. A description of the copyrighted media you claim to have been infringed. (If possible, include a low-resolution reference copy of such media.) If you are not the owner of the copyrighted work, you must also include your physical or digital signature as a person authorized to act on behalf of the copyright owner;
6.2.2. A description of where the material that you claim is infringing is located on our Website (include the Flying Cow Media media code, if available);
6.2.3. Your full name, address, telephone number, and e-mail address;
6.2.4. A statement that you have a good faith belief that the disputed use of the Media is not authorized by the copyright owner, its agent, or the law; and
6.2.5. A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
6.3. Upon receipt of the written notification containing the information as outlined in Section 6.2:
6.3.1. Flying Cow Media will remove or disable access to the Media that is alleged to be infringing;
6.3.2. Flying Cow Media will forward the written notification to such alleged infringer;
6.3.3. Flying Cow Media will take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the Media.
7. INDEMNIFICATION
7.1. You agree to indemnify and hold harmless Flying Dog Media, its contributing artists and licensors, and their respective directors, officers, agents, and employees from any and all claims, liabilities, damages, demands, losses, or expenses arising out of or in connection with your use of the Website and/or any Media, the context of your use of any Media in a licensed work, your breach of the Terms & Conditions, your breach of any license, your infringement of any third-party intellectual property rights, or any act or omission by you which results in: (a) loss, damage, interference with, or disruption to the Website; (b) use of the Website for any illegal purpose; or (c) use of the Website to achieve any unauthorized or prohibited access to computer systems and data.
8. PRIVACY
8.1. Data Collection and Consent: Flying Dog Media recognizes the importance of your privacy. This Privacy Policy governs the collection and use of your data on this Website. By using the Website, you consent to the collection and use of your personal and non-personal information by Flying Dog Media as described herein.
8.2. Types of Data Collected:
Voluntarily Provided Information: We may collect personal information you voluntarily provide, such as your name, email address, and payment information when you register for an account, enter contests, sign up for offers, or purchase products/services.
Automatically Collected Information: We may automatically collect non-personal information, such as your IP address, browser type, and website usage data.
8.3. Use of Your Information:
Your information may be used for various purposes, including:
Operating and improving the Website and our services.
Delivering products and services you have requested.
Communicating with you about relevant products, services, and promotions.
Personalizing your experience on the Website.
Tracking user behavior and website usage for analytical and marketing purposes.
8.4. Sharing of Information:
We will not share your information with any third parties without your prior consent, except as required by law or as necessary to operate the Website and provide services to you.
8.5. Security:
We take reasonable precautions to protect your information. However, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee the absolute security of your information.
9. GOVERNING LAW
9.1. The Terms & Conditions will be governed by the laws in force in the State of Wisconsin and the applicable laws of the U.S.A. (excluding the application of its conflicts of law rules), and the parties agree to the exclusive jurisdiction of the federal and provincial courts located in the Great Falls, Montana.
9.2. If any provision of these Terms & Conditions violates any law and is unenforceable, that provision will be severed, and the balance of these Terms & Conditions will remain in force.
10. ENTIRE AGREEMENT
10.1. The Terms & Conditions constitute the entire agreement with respect to the subject matter hereof and merge and supersede all prior and contemporaneous communications, written or oral. Only these Terms & Conditions will be binding on Flying Dog Media. Any attempt to modify or deviate from this Agreement will nullify any other rights granted or representations made by Flying Dog Media. This Agreement may only be modified in writing by an officer of Flying Dog Media.
11. CONSENT TO USE OF LIKENESS
11.1. By attending any Flying Dog Media event, you grant Flying Dog Media a perpetual, worldwide, royalty-free, and irrevocable license to use your name, image, likeness, and voice in any media (including photographs, videos, and audio recordings) for promotional, marketing, or any other purposes related to Flying Dog Media and its events. You waive any right to inspect or approve any such use of your likeness. This consent is given without expectation of compensation.
12. CONTACT INFORMATION
12.1. Any questions about Flying Dog Media or these Terms & Conditions should be directed to:
Flying Dog Media
1001 South Main Street # 4258
Kalispell, MT 59901
Phone: (406) 282-1718
E-mail: contact@flyingdogmedia.com