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TERMS OF USE

Fieldstone Media & Studio, LLC Terms of Service

Please read the following Terms of Service agreement carefully. By accessing or using our website (the “Site”) or our services, you hereby agree to be bound by these terms and conditions and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this Site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our Site or our Services.

These terms and conditions (this “Agreement” or “Terms”) constitute a legal agreement between you and Fieldstone Media & Studio, LLC (hereinafter “Fieldstone Media & Studio”) a company duly organized and validly existing, located at 2 Beech Street, Suite 203, Hallowell, Maine 04347. This Agreement annuls and voids all previous agreements.

OVERVIEW

The Site (www.fieldstonemedia.com) is operated by Fieldstone Media & Studio. Throughout the Site, the terms “we”, “us”, and “our” refer to Fieldstone Media & Studio. Fieldstone Media & Studio offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access this Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL TERMS

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in immediate termination of your account and/or right to use our Service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  1. Restrict, suspend, or terminate your access to all or any part of our Site;
  2. Change, suspend, or discontinue all or any part of our products or Site;
  3. Refuse, move, or remove any content that is available on all or any part of our Site;
  4. Deactivate or delete your accounts;
  5. Establish general practices and limits concerning use of our Site.
 

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any part of the Site, without express written permission by us.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fieldstone Media & Studio content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Fieldstone Media & Studio and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fieldstone Media & Studio or our licensors except as expressly authorized by these Terms.

SECTION 2 – MINORS

The Site is not intended for individuals under the age of 16. No one under the age of 16 may provide any Personal Information on the Site. We do not knowingly collect Personal Information from children under the age of 16. If you are under 16, do not use or provide any information on the Site or through any of its features, register on the Site, request any information through the Site, or provide any information about yourself to us, including your name, email address, phone number, address, or any screen or user name you may use. If we learn we have collected or received Personal Information from a child under the age of 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us by email at info@fieldstonemedia.com or by mail at: 2 Beech Street, Suite 203, Hallowell, Maine 04347

California residents under 16 years of age may have additional rights regarding the collection and sale of their Personal Information.

SECTION 3 – CONDUCT

As a user or member of the Site and Fieldstone Media & Studio services, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from which the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of the Fieldstone Media & Studio Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by Fieldstone Media & Studio.

Furthermore, you herein agree not to make use of Fieldstone Media & Studio’s Services for the purpose of:

  1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
  2. causing harm to minors in any manner whatsoever;
  3. impersonating any individual or entity, including, but not limited to, any Fieldstone Media & Studio employees, forum leaders, guides, or hosts, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  4. forging captions, headings, or titles, or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
  5. uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
  6. uploading, posting, emailing, transmitting, or otherwise offering any such content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
  7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
  8. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  9. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
  10. interfering with or disrupting any Fieldstone Media & Studio Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
  11. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  12. providing informational support or resources, concealing and/or disguising the character, location, and/or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
  13. “stalking” or with the intent to otherwise harass another individual; and/or
  14. collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
 

Fieldstone Media & Studio herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.

Fieldstone Media & Studio herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

  1. compliance with any legal process;
  2. enforcement of the Terms;
  3. responding to any claim that therein contained content is in violation of the rights of any third party;
  4. responding to requests for customer service; or
  5. protecting the rights, property or the personal safety of Fieldstone Media & Studio, its visitors, users and members, including the general public.
 

Fieldstone Media & Studio herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Fieldstone Media & Studio or any other content providers supplying content services to Fieldstone Media & Studio. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

SECTION 4 – SUBMITTED CONTENT

Fieldstone Media & Studio shall not lay claim to ownership of any content submitted by any visitor, member, client, or user, nor make such content available for inclusion on our website Services without express permission from visitor, member, client, or user. Accordingly, you grant Fieldstone Media & Studio the following worldwide, royalty-free, nonexclusive licenses, as applicable::

  1. The content submitted or made available for inclusion on the publicly accessible areas of Fieldstone Media & Studio’s Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Fieldstone Media & Studio’s sites, and/or client of Fieldstone Media & Studio services, and shall terminate at such time when you elect to discontinue your membership or services AND request that we remove said content.
  2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Fieldstone Media & Studio’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member or client of Fieldstone Media & Studio’s sites and services, and shall terminate at such time when you elect to discontinue your membership or services AND request that we remove said content.
  3. For any other content submitted or made available for inclusion on the publicly accessible areas of Fieldstone Media & Studio’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
 

Those areas which may be deemed “publicly accessible” areas of Fieldstone Media & Studio’s Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members/clients. However, those areas which are not open to the public, and thus available to members/clients only, would include our mail system and instant messaging.

CONTRIBUTIONS TO COMPANY WEBSITE

Fieldstone Media & Studio may provide an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

  1. your contributions do not contain any type of confidential or proprietary information;
  2. Fieldstone Media & Studio shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  3. Fieldstone Media & Studio shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  4. the contributor’s Contributions shall automatically become the sole property of Fieldstone Media & Studio; and
  5. Fieldstone Media & Studio is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

SECTION 5 – SHORT MESSAGE SERVICES (SMS)

Your use of Fieldstone Media & Studio services to send or receive short message services and/or multimedia services (“Messages”) for marketing and non-marketing purposes from us through the Constant Contact, Inc. platform (the “SMS Services”) is subject to these SMS Terms. The SMS Services and our collection and use of your personal information are also subject to our SMS Privacy Policy. By enrolling to use, using, or accessing the SMS Services, you accept and agree to these SMS Terms and our SMS Privacy Policy.

  1. SMS Services Description: We may send marketing and non-marketing Messages through the SMS Services which may include transactional Messages. Marketing Messages advertise and promote our products and services and may include promotions, specials, other marketing offers, abandoned checkout reminders and other relevant information. Transactional Messages relate to an existing or ongoing transaction and may include updates and other transaction-related information. Messages may be sent using an automated technology, including an auto-dialer, automated system, or automatic telephone dialing system. Message frequency will vary. You agree that we and our third-party service providers may send you Messages regarding the foregoing topics and that such Messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for Messages sent through the SMS Services but you are responsible for any Message and data rates imposed by your mobile provider, as standard data and Message rates may apply for short Message alerts. We do not share text message opt-in consents or related mobile telephone numbers with third parties, except with our service providers, clients we may be acting on behalf of, and vendors to provide our SMS Services.
  2. Eligibility: To receive SMS Services, you must be a resident of the United States and 18 years of age or older.
  3. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the SMS Services and you agree to receive recurring Messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You represent that any mobile phone number you provide to us is a valid mobile phone number of which you are the valid account owner or authorized user. If you change your mobile phone number or are no longer the valid account owner or authorized user of the mobile phone number, you are responsible for notifying us immediately at info@fieldstonemedia.com. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your mobile phone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. Your use of the SMS Services is not required to make any purchase from us and your use of the SMS Services is completely voluntary.
  4. User Opt-Out and Support: You may opt-out of the SMS Services at any time. If you wish to opt-out of the SMS Services and stop receiving Messages from us, or you no longer agree to these SMS Terms, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any Message from us. You may continue to receive Messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to use the SMS Services again, just opt-in as you did the first time, or text START to a Message sent by us, and we will start sending Messages to you again. For support, reply HELP to any Message from us. The SMS Services may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these SMS Terms. We may also change the telephone number or short code we use to operate the SMS Services and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
  5. Disclaimer of Warranty and Liability: The SMS Services are offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any Message or information sent through the SMS Services. To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
  6. Modifications: We may revise, modify, amend, suspend or cancel all or any part of the SMS Services or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these SMS Terms at any time. Any such modification will take effect when it is posted to our website or websites associated with the SMS Services. You agree to review these SMS Terms periodically to ensure that you are aware of any modifications. Your continued use of the SMS Services will constitute your acceptance of those modifications or changes.

SECTION 6 – INDEMNITY

All users and/or members agree to indemnify and hold harmless Fieldstone Media & Studio, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Fieldstone Media & Studio Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

SECTION 7 – COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Fieldstone Media & Studio sites or services.

SECTION 8 – MODIFICATIONS

Fieldstone Media & Studio reserves the right at any time it may deem fit, to modify, alter and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

SECTION 9 – TERMINATION

As a member/client of Fieldstone Media & Studio, you may cancel or terminate your account, associated email address and/or access to our Services by providing 30 days’ notice and submitting a cancellation or termination request to info@fieldstonemedia.com or mailing said request to 2 Beech Street, Suite 203, Hallowell, Maine 04347.

As a member, you agree that Fieldstone Media & Studio may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  1. any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
  2. by way of requests from law enforcement or any other governmental agencies;
  3. the discontinuance, alteration and/or material modification to our Services, or any part thereof;
  4. unexpected technical or security issues and/or problems;
  5. any extended periods of inactivity;
  6. any engagement by you in any fraudulent or illegal activities; and/or
  7. the nonpayment of any associated fees that may be owed by you in connection with your account Services.
 

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with Fieldstone Media & Studio shall include any and/or all of the following:

  1. the removal of any access to all or part of the Services offered within www.fieldstonemedia.com and by Fieldstone Media & Studio;
  2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
  3. the barring of any further use of all or part of our Services.

SECTION 10 – LINKS

Either Fieldstone Media & Studio or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Fieldstone Media & Studio shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

SECTION 11 – PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Fieldstone Media & Studio’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Fieldstone Media & Studio or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or create any derivative works which are based on Fieldstone Media & Studio Services (e.g. Content), in whole or in part.

SECTION 12 – WARRANTY DISCLAIMERS

You herein expressly acknowledge and agree that:

  1. The use of Fieldstone Media & Studio Services is at your sole risk. Our services shall be provided on an “as is” and/or “as available” basis. Fieldstone Media & Studio and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  2. Fieldstone Media & Studio and our subsidiaries, officers, employees, agents, partners, and licensors make no such warranties that (i) Fieldstone Media & Studio services will meet your requirements; (ii) Fieldstone Media & Studio services shall be uninterrupted, timely, secure, or error-free; (iii) that such results which may be obtained from the use of Fieldstone Media & Studio services will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our services will meet your expectations; and (v) that any such errors contained in our services shall be corrected.
  3. Any information or material downloaded or otherwise obtained by way of Fieldstone Media & Studio services shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or any loss of data that could result from the download of such information or material.
  4. No advice and/or information, despite whether written or oral, that may be obtained by you from Fieldstone Media & Studio or by way of or from our services shall create any warranty not expressly stated in the Terms.
  5. A small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know, or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

SECTION 13 – LIMITATION OF LIABILITY

You explicitly acknowledge, understand, and agree that Fieldstone Media & Studio and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data, and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:

  1. The use or inability to use our services;
  2. The cost of procuring substitute goods and services;
  3. Unauthorized access to or the alteration of your transmissions and/or data;
  4. Statements or conduct of any such third party on our service;
  5. And any other matter which may be related to our service.

SECTION 14 – RELEASE

In the event you have a dispute, you agree to release Fieldstone Media & Studio (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

SECTION 15 – NOTICE

Fieldstone Media & Studio may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

SECTION 16 – ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Fieldstone Media & Studio and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Fieldstone Media & Studio Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Fieldstone Media & Studio Services, affiliate Services, third-party content or third-party software.

SECTION 17 – CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Fieldstone Media & Studio with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Maine without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Fieldstone Media & Studio, shall be filed within the courts having jurisdiction within the County of Kennebec, Maine or the U.S. District Court located in said state. You and Fieldstone Media & Studio agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

SECTION 18 – WAIVER AND SEVERABILITY

At any time, should Fieldstone Media & Studio fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

SECTION 19 – NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand, and agree that your account is non-transferable upon your death and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

SECTION 20 – STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within five years after said claim or cause of action arose or shall be forever barred.

SECTION 21 – VIOLATIONS

Please report any and all violations of this Agreement to Fieldstone Media & Studio as follows:

Mailing Address: Fieldstone Media & Studio, 2 Beech Street, Suite 203, Hallowell, Maine 04347

Telephone: (207) 649-8990

Email: info@fieldstonemedia.com

SECTION 22 – GOVERNMENT REQUESTS

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.

SECTION 23 – FOREIGN ACCESS TO SITE

The Site is controlled, operated and administered by Fieldstone Media & Studio from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Fieldstone Media & Studio’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

SECTION 24 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product/service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.

SECTION 25 – PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the Fieldstone Media & Studio Online Privacy Policy. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Fieldstone Media & Studio and/or our subsidiaries and affiliates.

CONTACT US

For more information about our Terms and conditions, if you have questions, or if you would like to make a complaint, please contact us by email info@fieldstonemedia.com or by mail using the details provided below:

  • 2 Beech Street, Suite 203, Hallowell, Maine 04347