Intellectual Property Rights.
You hereby acknowledge and agree that as between you and Proximity Media, Proximity Media exclusively owns all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other matters included within the Site and related to the Site collectively “Materials”, and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of the Site, is strictly prohibited. You do not acquire any ownership rights to any of the Materials. Our posting of information or materials on the Site does not constitute a waiver of any of Proximity Media rights in such Materials.
You hereby acknowledge and agree that “Proximity Media”, “Seacoast Social Marketing”, “Seacoast Made”, and other Proximity Media marks on the Site are either trademarks or service marks of Proximity Media and shall remain the exclusive property of Proximity Media. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Limited Right to Use.
You may use this Site solely for your own personal use and not for republication, distribution, assignment, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, now known or hereafter devised, other than for your personal use but not for resale or redistribution.
You agree to indemnify, defend and hold harmless Proximity Media and each of their officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns collectively “Affiliated Parties” from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to a) your breach or violation of this Agreement, b) your use of the Site or c) your negligence or willful misconduct. In the event, you fail to promptly indemnify and defend such claims and/or pay Proximity Media’s expenses, as provided above, we shall have the right to defend itself, and in that case, you shall reimburse Proximity Media for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty 30 days of each of Proximity Media’s written requests.
ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, ARE HEREBY EXPRESSLY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PROXIMITY MEDIA HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE PROVIDED VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Disclaimer and Limits.
THIS WEBSITE, OUR SERVICES AND OTHER INFORMATION PROVIDED IN CONNECTION WITH OR AS A RESULT OF OUR WEBSITE OR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND WE HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT OUR WEBSITE, OUR SERVICES OR OTHER INFORMATION PROVIDED IN CONNECTION WITH OR AS A RESULT OF OUR WEBSITE OR SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED. FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS OR SERVICES ON OUR WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR SERVICES ON THIS WEBSITE OR ON ANY SITES LINKED TO THIS SITE.
Links to Other Web Sites.
The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us, nor do we maintain any editorial or other control over such web sites. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so solely at your own risk.
This Site excluding linked sites is controlled by Proximity Media from its offices within the United States of America. Those who choose to access this Site from other locations do so solely on their own initiative and are solely responsible for compliance with local laws. Any cause of action by you with respect to the Site and/or any information, products or services related thereto, must be instituted within one 1 year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. All disputes hereunder will be resolved in the applicable state or federal courts of the County of Rockingham, State of New Hampshire. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
In the event a dispute arises regarding this Agreement or the use of the Site, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.
DMCA – Copyright Infringement
It is our policy to respond to notices of alleged infringement that complies with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity. It is our policy to document all notices of alleged infringement on which we act.
Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.
To file a notice of infringement with us, you must provide a written communication (by fax — not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Your communication must include substantially all of the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
6. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Send the written communication to:
Proximity Media, Inc.
155 Fleet Street
Portsmouth, NH 03801