1. Terms and Conditions of Use of Site
(a) This website (the "Site") is provided by Flying Cow Design ("Flying Cow Design"), conditional on your acceptance of the terms and conditions of use set forth below (the "General Terms and Conditions"). By visiting or using this Site, including without limitation to access, use, and/or download messages, information, data, text, software or images, or other materials (the "Materials") from this Site (collectively, "Use" of the Site), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the General Terms and Conditions for each Use of and each visit to this Site. If you do not agree to abide by these General Terms and Conditions, you should not Use this Site. For greater certainty, products available through the Site are subject to restricted access only, pursuant to the terms and conditions of a separate agreements only, and shall not be considered part of the Site for the purposes of the General Terms and Conditions. You agree not to Use or attempt to Use the Products without you or any entity on whose behalf you may act, as applicable, entering into agreements governing the use of the Products.
(b) Flying Cow Design has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the General Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check the General Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.
(c) These General Terms and Conditions apply exclusively to your Use of this Site and do not alter the terms or conditions of any other agreement you may have with Flying Cow Design.
2. Changes to Site
Flying Cow Design may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site, (ii) adding, removing or changing any fees or charges for Use of the Site or any other Site-related services (the "Services") or any features thereof, and (iii) removing, adding, modifying or otherwise changing any Materials on this Site. Flying Cow Design reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.
3. Permitted Uses
You agree to only Use the Site for lawful purposes, and Flying Cow Design (subject to the General Terms and Conditions herein) grants you a non-exclusive, non-transferable, non-sublicenseable limited right, to so Use the Site solely for your own personal or internal company use.
4. Prohibited Uses
You may not, nor may you allow others to, directly or indirectly:
(a) remove, from any copy of the Materials, the copyright or other proprietary notices contained in the Materials; sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Materials for any public, commercial, non-educational or non-personal purpose, including without limitation use of the Materials on any other website; or transfer any of the Materials to any other person without the prior written consent of Flying Cow Design;
(b) print or copy any of the HTML or other computer software that is accessible at this Site;
(c) Use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part);
(d) use or attempt to use another's account, password, or other information in connection with this Site without prior written authorization from Flying Cow Design; create or use a false identity on this Site, or impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or transmit to Flying Cow Design, through the Site or otherwise, any incomplete, false or inaccurate information;
(e) transmit this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party's copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; or
(f) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any services thereof;
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Materials. Flying Cow Design will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Flying Cow Design reserves the right at all times to disclose any content transmitted to Flying Cow Design as necessary to satisfy any law, regulation or governmental request.
5. Registration and Password
You are responsible for maintaining the confidentiality of your registration information (including without limitation and as applicable, any log-in or password), and for all uses of your registration information, whether or not authorized by you. You agree to immediately notify Flying Cow Design of any unauthorized use of your registration information or the Site and of any other breach of the security of the Site which you are aware. You agree to immediately notify Flying Cow Design of any unauthorized use of the Site and of any other breach of the security of the Site which you are aware.
6. Proprietary Rights
This Site, including without limitation all Materials, is protected by United States and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Any software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of Flying Cow Design or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
For greater certainty, Flying Cow Design' Software, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Flying Cow Design reserves all such rights.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation Flying Cow Design, constitute trade-marks, trade names, trade dress and associated products and services of Flying Cow Design or its affiliates, and are protected in the USA and internationally and their display on this Site does not convey or create any licence or other rights in these trade-marks, trade names, trade dress and associated products and services. Any use of any of same, in whole or in part, without prior written authorization of Flying Cow Design is strictly prohibited.
Other trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trademarks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
Except as expressly provided herein, Flying Cow Design does not grant any express or implied right or license to you to use any intellectual property, including without limitation any patent, trademark, copyright, trade secret, or confidential information, of Flying Cow Design.
7. Links and Disclaimers of Linked Sites
Certain links on this Site take you to other web sites. Flying Cow Design provides these links only as a convenience. These linked sites are not necessarily under the control of Flying Cow Design. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
Flying Cow Design is not responsible for the contents of any such linked pages or any other pages not under its control. Flying Cow Design makes no representation or warranty regarding, and (other than those expressly referenced on the Site under Partnerships) does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be misstated or deceptively stated.
Links do not imply that Flying Cow Design sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Flying Cow Design.
Flying Cow Design makes reasonable efforts to ensure that the content it provides to the site is accurate and current. However, you acknowledge that:
(a) Flying Cow Design makes no representation or warranty of any kind regarding the Site, the Materials, and any Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials or any Service;
(b) that you will be solely responsible for any content you provide the Site or otherwise provide to Flying Cow Design, including without limitation for its truthfulness and accuracy; and
(c)that the Site, the Materials, and any Service are provided on an "AS IS" basis; and that any use of or reliance on this
Site, the Materials and any Service shall be at your sole risk.
FLYING COW DESIGN AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, FLYING COW DESIGN DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
9. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL FLYING COW DESIGN OR ANY OF ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE MATERIALS, OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES AND MATERIALS) EVEN IF Flying Cow Design OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
You agree to defend, indemnify and hold harmless each of Flying Cow Design, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Materials or your breach of the General Terms and Conditions.
11. Choice of law
This Site is controlled, operated and administered by Flying Cow Design from its offices within the State of California, USA. Flying Cow Design makes no representation or warranty that Materials at this Site are appropriate or available for use at any locations outside the USA, and accessing such Materials from locations where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the State of California and the federal laws of the USA applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. You agree no to export any of the Materials accessible through this Site in violation of applicable export laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the General Terms and Conditions.
Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in San Mateo, California in English and governed by California law , as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the USA and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, each party may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance the parties hereby agree to submit to the jurisdiction of the courts of California and to waive any objections based upon venue in any such action, suit or proceeding.
14. Questions on General Terms and Conditions
Should you have any questions regarding the General Terms and Conditions, you may contact Flying Cow Design.