As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
end user conduct:
catchFred.com is made available for personal, non-commercial use only. Businesses, organizations or other legal entities may not use the catchFred.com service without written permission. You may not use catchFred.com for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content (“Materials”) that you submit, post, and display on catchFred.com. We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service. For your information, since catchFred.com is a family site, anything that may be deemed by the catchFred community to be obscene will be removed or edited with or without your notice. Other examples of illegal or unauthorized uses include, but are not limited to: modifying, adapting, translating, or reverse engineering any portion of the catchFred.com service; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of catchFred.com; collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of catchFred.com; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s enjoyment of the service; submitting Materials of any third party without such third party’s prior written consent; directing any user (for example, by linking) to any Materials of any third party without such third party’s prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by catchFred.com; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; or submitting false or misleading information. While catchFred.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the catchFred.com service at your own risk.
By submitting, posting or displaying any Materials on or to catchfred.com, you automatically grant to us a worldwide, non-exclusive, royalty-free, right to publicly display or re-display such Materials in other formats not simply limited to websites. Except as expressly authorized by eMedia Group, Inc. (“Company”), you may not copy, modify, publish, transmit, distribute, perform, display or sell any of catchFred.com’s proprietary information, which includes the sum of all postings and photos to the site. The catchFred logo and “catchFred.com” are trademarks of eMedia Group, Inc.
disclaimer of warranty:
catchFred.com and eMedia Group, Inc. disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on catchFred.com. eMedia Group disclaims any and all responsibility and liability for the conduct of any Member. END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE H-REFS IS AT END USER’S SOLE RISK. NEITHER CATCHFRED, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, RETAILERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY H-Ref WILL BE UNINTERRUPTED OR ERROR FREE. YOU AGREE THAT YOUR USE OF CATCHFRED.COM IS ENTIRELY AT YOUR OWN RISK.
limitation of liability:
In no event whatsoever will the site nor the Company or any director or affiliate be liable for any special, punitive, indirect, incidental or consequential damages, arising out of this Agreement or in connection with the use or Content of the catchFred.com Website, whether based on breach of contract, negligence, product liability, Copyright infringement or otherwise, and whether or not the Company has been advised of the possibility of such damages. In any event, the total liability of the Company for all damages whatsoever shall not exceed the sum of one ($1) dollar. You agree that these limitations are reasonable in scope and reasonably necessary in order for the Company to protect its considerable investment. In no event whatsoever shall the Company be liable, under any circumstances, regardless of the type or cause of action, for (a) any lost profits, lost revenue, lost business, or any other lost opportunities, (b) any loss or damage to software or data, (c) any incidental, indirect, consequential or special damages; even if the Company has been advised of the possibility of such liability or damages.
catchFred may terminate this Agreement at any time. Without limiting the foregoing, catchFred shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which catchFred, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of these Terms will survive termination of this Agreement.
This Agreement, including any operating rules for catchFred established by catchFred, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
catchFred is providing User with access to this website. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection. The site is provided by eMediaGroup on an “as is” and on an “as available” basis.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on catchFred.com, please read the following information for filing or responding to a notice of infringement. catchFred reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to catchFred by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any H-Ref in a way that constitutes copyright infringement, you shall provide catchFred with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any H-Ref of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for catchFred’s Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: Copyright Agent
102 NE 2nd Street, Suite 330
Boca Raton, FL 33432
cs [at] catchFred [dot] com