Terms of Service
The following terms and conditions govern all use of the lobsterclawsoftware.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Lobster Claw Software LLC (“Lobster Claw Software”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Lobster Claw Software’s Privacy Policy) and procedures that may be published from time to time on this Website by Lobster Claw Software (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Lobster Claw Software, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Responsibility of contributors
If you comment on a blog, post material to the Website, 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. By making Content available, you represent and warrant that:
- Your 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 received permission from your employer to post or make available the Content, or 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 towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
By submitting Content to Lobster Claw Software for inclusion on our Website, you grant Lobster Claw Software a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, Lobster Claw Software 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, Lobster Claw Software has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any Lobster Claw Software 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.
Responsibility of website visitors
Lobster Claw Software has not reviewed, and cannot review, all of the material — particularly comments — posted to the Website, and cannot be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Content posted on other websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which lobsterclawsoftware.com links, and that link to lobsterclawsoftware.com. By linking to a non-Lobster Claw Software website or webpage, we do not represent or imply that we endorse such website or webpage.
Copyright infringement and DMCA policy
As Lobster Claw Software 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 lobsterclawsoftware.com violates your copyright, you are encouraged to notify Lobster Claw Software in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy.
Intellectual property
This Agreement does not transfer from Lobster Claw Software to you any Lobster Claw Software or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Lobster Claw Software.
Affiliates
In compliance with FTC guidelines, please assume the following about certain links, posts, photos and other material on this website: some of the links on this website are affiliate links from which Lobster Claw Software receives a small commission from sales of certain items, but the price is the same for you. Lobster Claw Software is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
Changes
Lobster Claw Software reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
Disclaimer of warranties
The Website is provided “as is.” Lobster Claw Software and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitation of liability
In no event will Lobster Claw Software, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Lobster Claw Software under this agreement during the twelve (12) month period prior to the cause of action.
General representation and warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Lobster Claw Software Privacy Policy, with this Agreement and with all applicable laws and regulations and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Lobster Claw Software, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Lobster Claw Software and you concerning the subject matter hereof. Except to the extent applicable law provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A. The proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas.
Privacy Policy
Lobster Claw Software LLC (“Lobster Claw Software”) operates lobsterclawsoftware.com and may operate other websites. It is Lobster Claw Software’s policy to respect your privacy regarding any information we may collect while operating our websites.
Website visitors
Like most website operators, Lobster Claw Software collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Our purpose in collecting non-personally identifying information is to better understand how our visitors use the website. From time to time, we may release non-personally-identifying information in the aggregate, e.g., by publishing a report on usage trends.
Gathering of personally-identifying information
Certain visitors choose to interact with Lobster Claw Software in ways that require us to gather personally-identifying information. The amount and type of information that we gather depends on the nature of the interaction. We collect such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Lobster Claw Software, and we do not disclose personally-identifying information other than as described below.
Aggregated statistics
Lobster Claw Software may collect statistics about the behavior of visitors to its websites. We may display this information publicly or provide it to others. However, we do not disclose personally-identifying information other than as described below.
Protection of certain personally-identifying information
Lobster Claw Software discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that need to know that information in order to process it on our behalf or to provide services available at our websites, and that have agreed not to disclose it to others. We will not rent or sell your personally-identifying information to anyone.
Cookies
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Lobster Claw Software uses cookies to help us identify and track visitors, their usage of our website, and their website access preferences. Visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our websites, with the drawback that certain features of our websites may not function properly without the aid of cookies.
Business transfers
If Lobster Claw Software, or substantially all of its assets, were acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Lobster Claw Software may continue to use your personal information as set forth in this policy.
Privacy policy changes
Although most changes are likely to be minor, Lobster Claw Software may change its Privacy Policy from time to time, and in our sole discretion. We encourage visitors to frequently check this page for any changes to our Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
Questions? Email info@lobsterclawsoftware.com.