Terms of Use


Please read this page carefully before exploring our website. This Terms of Use Policy applies to the website www.tortoiseandfinch.com and all other websites, products, and services offered by Tortoise and Finch Productions, LLC.

 

Tortoise and Finch Productions, LLC maintains this website to provide information to the Internet community. Such information may be subject to amendment and updating without notice.

 

You may create a link to this website from another website or document with our express permission. Tortoise and Finch Productions, LLC requires written or e-mail notification sent to info(Replace this parenthesis with the @ sign)tortoiseandfinch.com when such a link is made, and has the right to deny such a request.

Disclaimer of Warranties

The information contained in this website is provided “as is,” for general information purposes only. Whilst Tortoise and Finch Productions, LLC endeavors to keep the information on its websites up-to-date and correct, we, nor any third parties, make no representations or warranties of any kind, express or implied, about the completeness, timeliness, accuracy, reliability, suitability or availability with respect to this website or the information, message, products, services, or related graphics contained on the website for any purpose or any warranty that these pages, or the server that makes them available, are free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties and such warranties are expressly disclaimed. Any reliance you place on such information is therefore strictly at your own risk. Further, neither Tortoise and Finch Productions, LLC, nor its suppliers and licensors, make any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, this website at your own discretion and risk.

 

Neither Tortoise and Finch Productions, LLC, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the materials found or offered on this website for any particular purpose. You acknowledge that such materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Medical and Mental Health Disclaimer

This website does not offer medical or mental health care advice or recommendations and individuals should not rely on the information posted on this website as a substitute for consultations with qualified health and mental health care professionals who are familiar with individual medical and mental health care needs.

 

If you are experiencing an emergency, call 911. If, at any point, you are concerned for your personal safety, seek the assistance of law enforcement.

Third Party Websites

Although the Tortoise and Finch Productions, LLC website may include links providing direct access to other Internet resources, including websites, Tortoise and Finch Productions, LLC is not responsible for the accuracy or content of the information or messages contained in these websites.

 

Links from Tortoise and Finch Productions, LLC to third-party sites do not constitute an endorsement by Tortoise and Finch Productions, LLC of the parties or their products and services. The appearance on the website of advertisements and product or service information does not constitute an endorsement by Tortoise and Finch Productions, LLC, and Tortoise and Finch Productions, LLC has not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers.

Responsibility of Content and Other Contributors

If you operate a blog, comment on or provide Content for the Tortoise and Finch Productions, LLC blog, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:

 

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Tortoise and Finch Productions, LLC or otherwise.

 

By submitting Content to Tortoise and Finch Productions, LLC for inclusion on our websites, you grant Tortoise and Finch Productions, LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content from your own blog, you should notify us as soon as possible. Tortoise and Finch Productions, LLC will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

 

Without limiting any of those representations or warranties, Tortoise and Finch Productions, LLC has the right (though not the obligation) to, in Tortoise and Finch Productions, LLC’s sole discretion (i) refuse or remove any content that, in Tortoise and Finch Productions, LLC’s reasonable opinion, violates any Tortoise and Finch Productions, LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in Tortoise and Finch Productions, LLC’s sole discretion. Tortoise and Finch Productions, LLC will have no obligation to provide a refund of any amounts previously paid.

 

Furrther, you agree to indemnify and hold harmless Tortoise and Finch Productions, LLC and its owners, directors, managing members, agents, employees, interns and volunteers from any and all claims, demands, losses or threats of losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to your content or comment submission, or your use of this website for any purpose whatsoever.

Copyright Infringement

Copyright and other relevant intellectual property rights exists on all text relating to Tortoise and Finch Productions, LLC’s services and the full content of this website. As Tortoise and Finch Productions, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by our website violates your copyright, you are encouraged to notify Tortoise and Finch Productions, LLC via e-mail at info(Replace this parenthesis with the @ sign)tortoiseandfinch.com. Tortoise and Finch Productions, LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Tortoise and Finch Productions, LLC will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Tortoise and Finch Productions, LLC or others. In the case of such termination, Tortoise and Finch Productions, LLC will have no obligation to provide a refund of any amounts previously paid to Tortoise and Finch Productions, LLC.

Intellectual Property

This Policy does not transfer from Tortoise and Finch Productions, LLC to you any Tortoise and Finch Productions, LLC or third party intellectual property, and all right, title and interest in and to such property will remain solely with Tortoise and Finch Productions, LLC and all other trademarks, service marks, graphics and logos used in connection with Tortoise and Finch Productions, LLC. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Tortoise and Finch Productions, LLC or third-party trademarks.

Changes

Tortoise and Finch Productions, LLC reserves the right, at its sole discretion, to modify or replace any part of this Terms of Use Policy. It is your responsibility to check this Policy periodically for changes. Your continued use of or access to the website following the posting of any changes to this Policy constitutes acceptance of those changes. Tortoise and Finch Productions, LLC may also, in the future, offer new services and/or features through the website (including, the release of new media, tools, and resources). Such new features and/or services shall be subject to the terms and conditions of this Terms of Use Policy.

Severability

The invalidity or unenforceability of any provisions of this Terms of Use Policy shall not affect the validity or enforceability of any other provision of this Terms of Use Policy, which shall remain in full force and effect.

Liability

You agree that you will hold harmless Tortoise and Finch Productions, LLC and its owners, directors, managing members, agents, employees, interns, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this website or the information, services, products or messages contained in this website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights.

 

In no event will Tortoise and Finch Productions, LLC or the contributors of information to this website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or messages or for any consequential, special or similar damages, even if advised of the possibility of such damages. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, information, or resources  available through this website meet your specific requirements.

 

YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST TORTOISE AND FINCH PRODUCTIONS, LLC, ITS OWNERS, DIRECTORS, MANAGING MEMBERS, AGENTS, EMPLOYEES, INTERNS, VOLUNTEERS, AND CONTENT CONTRIBUTORS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE.

Termination

Tortoise and Finch Productions, LLC may terminate this Terms of Use Policy, in whole or in part, at any time, for any reason. Such termination will not be considered a breach of any of the terms set forth in this Policy.

 

This policy is effective from October 1, 2013.

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Last Updated October 1, 2013

 

 

 

 

 

 

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