Sawfish Media – Terms of Use


Please Review the Terms of Use before using and accessing the website. If you do not agree to any parts in the Terms of Use do not use the website.


Description of Sawfish Media:


Sawfish Media (“SM”) is a website in which users are able to post media such as Blog posts, media based Tutorials, Games, Experiments and other Media, as long as the content is within the Terms of Use (the “Terms”). The mission of SM is to provide developers, artists, and designers with resources that will help them and also spark creativity. SM is also a way for the public (the “Site Users”) to view content posted by users (“Users”). This enables developers, artists and designers to have their work reviewed, rated, and seen in a secure environment. You can sign up or “Register” for an account at www.sawfishmedia.com/Signup.aspx. By using, accessing, or adding to the website (the “Site”) you agree to abide to the Terms. You may also view SM's privacy policy which is at www.sawfishmedia.com/privacy.aspx (The privacy policy is part of the Terms as well).


The Terms may be changed from time to time, and changes will always be found at http://sawfishmedia.com/termsofuse.aspx. Please view these terms once in awhile to look for changes or updates to the Terms.


Disclaimer of Warranty:


THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE'S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

 

SM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL SM OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF SM, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF SM, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.



  1. Accessing and using the Site

    1. By using, accessing, or adding to the website (the “Site”) you agree to abide to the Terms.

    2. These Terms, unless otherwise noted on a particular webpage, apply to the entire site. These Terms are also referred to as “Universal Terms.”

    3. These Terms represent a legal agreement between SM and the Site User and must be followed in order for the Site User to be able to use the Site.

    4. By accessing the site you realize that SM will not assume any reponsibility for the accuracy, suitibility, or otherwise objectionable content.

    5. SM does not accept liability for the content of a link, or any harm that another (third-party) website causes.


  1. Account

    1. By having/creating an account you agree to abide by the Terms

    2. By Registering you realize that SM will store your Username, Password, Email and IP Address in a database for website functions. You can view more information about information and privacy by viewing the SM privacy policy.

    3. By Registering you also warrant that all the information you provide is accurate and not someone else's.

    4. By Registering you agree that you are not a robot.

    5. You, the User, are responsible for the security and confidentiality of your password and account.

    6. You, the User, agree to report any unauthorized or illegal use of your account.

    7. You, the User, also agree that you are responsible for all actions/postings that are made within your account.

    8. As a User, you agree that SM may terminate/delete your account at any time because of actions or content posted.

    9. As a User, you agree that SM may ban your IP (Address) from the site due to not following conditions in the Terms.

    10. As a User, you agree that you will not post content that is illegal, obscene, threatening, infringing of intellectual property right, invasive of privacy or objectionable.

    11. As a User, you agree that you will not post content that doesn't follow the Terms.


  1. Posting Content

    1. By posting content (such as a comment, blog post, tutorial, game, link, experiment or any other media) on SM you agree that the content will not offend any other users or third parties. This includes linking to such content. Such content could be:

      1. Offending ones' race, culture, religion or ethnicity

      2. Harassment/Threatening, Hateful

      3. Sexually explicit/suggestive

      4. Pornographic content

      5. Depicts violence

    2. By posting content you also agree that the content doesn't have any inappropriate content, such as inappropriate words, images, video or other media.

    3. By posting content you agree that the action/content isn't illegal.

    4. By posting content you agree that the content doesn't have any ads, lead (via Hyperlink) to any irrelevant websites, and serve any commercial purposes.

    5. By posting content you agree that the content isn't copyrighted, under trademark,

    6. By posting content you agree that the content doesn't contain any private information about a third party

    7. By posting content you warrant that you have the right to post the content, including any release, consent or license from a third party (copyright/privacy rights).


  1. Copyright and Content Issues

    1. If you believe that any Content on the Site has violated your copyright policy please contact SM by going to the Contact page at www.sawfishmedia.com/Contact.aspx

    2. If you have Issues with content or think that someone has stolen your content/media please contact SM by going to the Contact page at www.sawfishmedia.com/Contact.aspx

    3. If you are the site owner/administrator of a link on the Site and you object to it, please contact SM by going to the Contact page at www.sawfishmedia.com/Contact.aspx and specify the link, and proof of ownership or that you are an administrator.


  1. Content on the Site

    1. Unless otherwise noted, content on the Site is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.

    2. Users who submit content that would like to be under a different license can go to www.creativecommons.org/licenses to view and select a license that best fits what you would like your content to be licensed under. Then in the message/description of your content, provide the license that your content is licensed under. Or if you have another license, link to it in your content. An example would be: “This content is licensed under a Creative Commons Attribution 3.0 License.”

    3. As a User of the site you also agree that you will not copy or distribute any content on the Site that goes against an established license, trademark, copyright or other right. If you have a question whether a content can be copied contact the ORGINAL author (third party) of the content.


  1. Indemnities

    1. You agree to indemnify and defend SM and its officers, owners, and agents, harmless, including costs and attorney's fees, from any claim from any third party or User due to content or use of the Site, your violation of the Terms or infringement by you, made under your account, any content posted under your account, any violation of a third party right (copyrights, trademarks), any violation of intellectual property rights, or third party harm from content that was posted under your account.


  1. User Information/Posted Content

    1. You warrant that you are who you say you are, and that you haven't posted false or inaccurate information about yourself and in content.


  1. User relations

    1. As a user you agree to not harass, threaten or violate the Terms when communicating with any user online or offline (Not on the Internet).

    2. If you, the User, harm, threaten, or violate the Terms, your User account will be deleted. And you are banned from signing up again.

    3. If a User that was deleted due to violation of the Terms, and signs up again, they realize that if they violate the Terms again there IP address will be blocked.

    4. SM can also block any Users' IP address at any time for any or for no reason, and without liability from you.


  1. Modifications to the Terms

    1. SM reserves the right to change the Terms at any time. You, the User, are responsible for reviewing the terms.


  1. Other Terms

    1. The Terms apply to the use of the SM Site and its Services (accounts, comments, and content).

    2. Failure of SM to exercise or enforce any right or provision of the Terms shall no be deemed a waiver of such right or provision in that or any other instance.

    3. You agree that you are fully able and competent to agree to and enter into the Terms, and agree to abide by the Terms.

    4. If you (or a legal parent/guardian) believe that any content on the Site offends or is unsuitable to you in any way, DO NOT USE THE SITE.

    5. You agree that SM is a passive website.


  1. Laws

    1. These Terms are governed by the laws of Oregon and California in the United States of America. You agree to exclusive jurisdiction of the state (Oregon and California) and federal courts in order to resolve any legal matter that arises from the Terms.

    2. If for any reason a part or provision in the Terms is found to be unenforceable the remainder of the Terms will continue to be in effect.



Last Updated July, 14, 2008, Effective on July 14, 2008

© Sawfish Media 2008 | Created by Sawfish Design
Unless otherwise noted, content is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.
 
 
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