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 web site, 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. That is the case regardless of whether the Content in question constitutes text, graphics, an audio 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); and
- 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 Lobster Claw Software’s sole discretion (i) refuse or remove any content that, in Lobster Claw Software’s 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, in Lobster Claw Software’s sole discretion.
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 therefore 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. The Website may contain visitor-generated content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Lobster Claw Software disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
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. Lobster Claw Software does not have any control over those non-Lobster Claw Software websites and webpages, and is not responsible for their contents or their use. By linking to a non-Lobster Claw Software website or webpage, Lobster Claw Software does not represent or imply that it endorses such website or webpage. 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. Lobster Claw Software disclaims any responsibility for any harm resulting from your use of non-Lobster Claw Software websites and webpages.
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 Lobster Claw Software’s Digital Millennium Copyright Act (“DMCA”) Policy. Lobster Claw Software will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Lobster Claw Software 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 Lobster Claw Software or others. In the case of such termination, Lobster Claw Software will have no obligation to provide a refund of any amounts previously paid to Lobster Claw Software.
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. Lobster Claw Software, lobsterclawsoftware.com, the lobsterclawsoftware.com logo, and all other trademarks, service marks, graphics and logos used in connection with lobsterclawsoftware.com, or the Website are trademarks or registered trademarks of Lobster Claw Software or Lobster Claw Software’s licensors. 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 Lobster Claw Software or third-party trademarks.
Affiliates. In compliance with the 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 of 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 or endless.com, MYHABIT.com, SmallParts.com, or AmazonWireless.com. Pages on this site may include affiliate links to Amazon and its affiliate sites on which the owner of this website will make a referral commission. If an affiliate link to a product is posted, it is something that Lobster Claw Software employees personally use, support and would recommend without an affiliate link. Unless noted otherwise, any product affiliate links are ones Lobster Claw Software employees have purchased themselves and use personally. Lobster Claw Software does not accept free products for review and also will disclose if we are affiliated with a company in any other way that benefits Lobster Claw Software financially. Please note that while our staff personally purchases, reviews and uses every product we link to, these products are purchased from third party companies and Lobster Claw Software does not control these companies or have a financial interest other than an affiliate relationship unless otherwise disclosed. For this reason, Lobster Claw Software cannot ensure that any item purchased through an affiliate link on this website is shipped on time, packaged properly, or that you will like it. Any problems or concerns with a specific product purchased through an affiliate link on this website should be directed to the company the item was purchased from.
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. Lobster Claw Software may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
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. Neither Lobster Claw Software nor its suppliers and licensors, makes 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, the Website at your own discretion and risk.
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. Lobster Claw Software shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
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 (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Copyright and Rights Reserved. All of the information on this website, including images, text, audio, video, and other forms of content (including the information in this affiliate disclosure) is copyright © Lobster Claw Software and may not be downloaded, reproduced, republished or otherwise copied without express written permission of Lobster Claw Software. The Website and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Lobster Claw Software under the copyright laws of the United States and other countries. Lobster Claw Software may change the Website or delete any content, features, or services at any time, in any way, for any or no reason. Lobster Claw Software reserves all rights not expressly granted in and to the Website and the Content.
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, and they may only be modified by a written amendment signed by an authorized executive of Lobster Claw Software, or by the posting by Lobster Claw Software of a revised version. Except to the extent applicable law, if any, 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., excluding its conflict of law provisions, and 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. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Travis County, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Lobster Claw Software may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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. Lobster Claw Software’s purpose in collecting non-personally identifying information is to better understand how Lobster Claw Software’s visitors use its website. From time to time, Lobster Claw Software may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Lobster Claw Software also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on lobsterclawsoftware.com blogs/sites. Lobster Claw Software only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Lobster Claw Software’s websites choose to interact with Lobster Claw Software in ways that require Lobster Claw Software to gather personally-identifying information. The amount and type of information that Lobster Claw Software gathers depends on the nature of the interaction. Those who engage in transactions with Lobster Claw Software are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Lobster Claw Software collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Lobster Claw Software. Lobster Claw Software does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Aggregated Statistics
Lobster Claw Software may collect statistics about the behavior of visitors to its websites. Lobster Claw Software may display this information publicly or provide it to others. However, Lobster Claw Software does 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 (i) need to know that information in order to process it on Lobster Claw Software’s behalf or to provide services available at Lobster Claw Software’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Lobster Claw Software’s websites, you consent to the transfer of such information to them. Lobster Claw Software will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Lobster Claw Software discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Lobster Claw Software believes in good faith that disclosure is reasonably necessary to protect the property or rights of Lobster Claw Software, third parties or the public at large. If you have supplied your email address, Lobster Claw Software may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Lobster Claw Software and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Lobster Claw Software takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
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 Lobster Claw Software identify and track visitors, their usage of Lobster Claw Software website, and their website access preferences. Lobster Claw Software visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Lobster Claw Software’s websites, with the drawback that certain features of Lobster Claw Software’s 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 Lobster Claw Software goes out of business or enters 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.
Ads
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Lobster Claw Software and does not cover the use of cookies by any advertisers.
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 Lobster Claw Software’s sole discretion. Lobster Claw Software encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a lobsterclawsoftware.com account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.