Services Provided by Flying Fish Web Design

The websites designed by Flying Fish Web Design (FFWD) are done so at the exclusive behest of and based on information provided by each distinct website owner.  The sole and complete responsibility for that same information rests with each distinct website owner.

FFWD's liability for direct loss in contract, tort or otherwise arising out of or in connection with this agreement or any use of a customer's website shall be limited, for any one incident or series of connected incidents, to the amount paid under this agreement.

Nothing in these terms and conditions is seeking explicitly to exclude liability for personal injury or death arising from any negligence on the part of FFWD.  Notwithstanding this, FFWD shall in no circumstances be liable to a customer, whether in contract, tort, negligence, breach of statutory duty or otherwise in respect of loss of profits, revenue, goodwill, business opportunity, loss of or cost of restoration of data or any other indirect consequential financial or economic loss or damage, costs or expenses whatsoever or howsoever arising out of or in connection with disagreement or any use of a customer's website.

FFWD shall not be liable in any way whatsoever for any content in any site linked to a site designed by FFWD and any resulting damages from a site visitor's access to any such linked site.  Site visitors link to any other such sites at their own risk.

FFWD warrants that all intellectual property rights to images and material used on customers' websites are owned by FFWD or its licensors.

Customers of FFWD warrant that they own all intellectual property rights to images and materials that they supply to FFWD.  In the event of any breach of this warranty, customers shall indemnify and keep indemnified FFWD against any damages arising out of such breach that are awarded to any third party in respect of a claim and any losses, costs (including all legal fees) and expenses incurred by or on behalf of FFWD.

From time to time, new internet browsers and new versions of existing browsers are released. FFWD cannot guarantee that any websites we develop will render correctly on browsers as yet unreleased at the time that the website is published. Any additional work required to adapt the site to render correctly on such browsers would incur additional cost.

Owing to the nature of the Internet, FFWD cannot guarantee the availability of your site.  FFWD excludes liability to the fullest extent possible by law for any loss or damage arising from the unavailability of your website.

All representations, warranties, conditions or undertakings of any kind, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of the products or services supplied by FFWD to our customers and the information and material contained therein are excluded to the fullest extent permitted by the law.

FFWD disclaims any warranty (except as laid out in the terms above) or merchantability or fitness for a particular purpose.  Without limiting the foregoing, FFWD shall not be liable for loss of data resulting from delays, non-delivery, wrong delivery, or any and all service interruptions caused directly or indirectly by FFWD.

Expenses:

Client agrees to reimburse FFWD for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation).  FFWD will obtain formal permission before incurring any of the above expenses.

Permissions and Releases:

The Client agrees to indemnify and hold harmless FFWD against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

Use of the Flying Fish Web Design Website

These terms and conditions of use apply to and govern your use of the Flying Fish Web Design Web site (the "Site").  Your use of the Site signifies your agreement to be bound by these terms and conditions.  If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site.

Changes to Terms and Conditions

FFWD reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time.  Changes in these terms and conditions of use will be effective when posted.  You agree to review these terms and conditions of use periodically to be aware of any changes.  Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.

Ownership and Restrictions

You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.  You may obtain more information on the copyrights by viewing the copyright notice posted on the Site.

Flying Fish Web Design's Rights to Materials Provided by Users

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to FFWD a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed.  This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.  You waive all rights you may have to inspect and/or approve of any use by FFWD of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against FFWD for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.  You agree and understand that FFWD is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.

Bulletin Boards / Forums

FFWD may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications.  FFWD, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. FFWD retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

Links to Other Web Sites

Links to third party Web sites on this Site are provided solely as a convenience to you.  If you use these links, you will leave this Site.  FFWD has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content.  Thus, FFWD does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them.  If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer of Warranties, Damages and Limitation of Liability

The purpose of the Site is to educate and entertain.  The author and publisher shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly by the information contained here.

You can download the third-party software indexed on this site, but please remember that FFWD do not create, endorse, or sponsor that software.  If you download any third-party materials that FFWD index or mention, you do so completely at your own risk.  If you plan to download any software, please be sure to read the copyright and licensing information first.

FFWD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THESE PAGES OR THEIR CONTENTS (INCLUDING WITHOUT LIMITATION MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN "AS IS" AND '"AS AVAILABLE" BASIS.

FFWD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE PAGES.

IN NO EVENT SHALL FFWD, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA RESULTING FROM THE USE OF THESE PAGES.