Terms Of Use

This Web Site, as defined below, is maintained by Fat Cat Communications LLC (“FCC”) and it may not be used for commercial benefit without the express written consent of FCC.

Please read these Terms of Use carefully before using this Web Site as these terms govern your access to and use of the Web Site. The Web Site is available for your use on the condition that you agree to these Terms of Use. If you do not agree to all Terms of Use, do not access or use the Web Site.

The Web Site and Its Owner

The Web Site is maintained, owned, and controlled by FCC. FCC is headquartered at 1070 Holz Ave., Cincinnati, Ohio 45230, and its main telephone number is 513-317-3890. All material on this Web Site, including, without limitation, text, images, illustrations, is protected by copyrights and/or trademarks, registered and unregistered, which are owned and controlled by FCC or by other parties that have licensed their material to FCC. This Web Site may contain other proprietary notices, trademark, and/or copyright information the terms of which must be observed and followed. Information on the Web Site may be changed or updated without notice. FCC may make improvements and/or changes in the products and/or services described in this information at any time without notice.
Your Use of the Web Site
The use of any content from this Web Site on any other web site or networked computer environment is prohibited, except as expressly permitted by these terms of use and/or some other signed written document between you and FCC. Content from any Web Site owned, operated, licensed, or controlled by FCC may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. You agree not to use this Web Site or its contents in any manner that may or will: (a) violate any federal, state, or local laws and their respective regulations (collectively “Laws”); (b) be menacing, discriminatory to any class protected by Laws, defamatory, offensive, or obscene; (c) violate or infringe upon the privacy, publicity, copyright, trademark, trade secret, personal rights, or other intellectual property rights of others, including, without limitation, FCC; or (d) advertise for or promote any person or entity.

This paragraph applies exclusively to any portion of the Web Site that allows third-party commentary or posting, including, without limitation, on any FCC social media, blogs, or comment boards. FCC reserves the rights to remove any content or comments that FCC deems, in its sole discretion, to violate these Terms of Use, and to terminate your ability to post or otherwise add content. You grant FCC a non-exclusive, royalty-free license to use, publish, broadcast, and reproduce your comments in any manner, including, without limitation, in any and all media, worldwide, in perpetuity, for any purpose whatsoever. Such license includes, without limitation, the right to create derivative works of and to use the content posted to develop, enhance, distribute, and market FCC and/or FCC’s services.

No Warranties and No Liability

FCC makes no representations and/or endorsement about nor accepts any responsibility or liability whatsoever for any other web sites you may access through this Web Site, as such sites are independent from FCC and FCC has no control over the content on such web sites. FCC’s failure or delay in exercising any right related to the Web Site or these Terms of Use will not operate as a waiver of such right, nor will FCC’s partial exercise of any right preclude FCC’s further exercise of that right. These Terms of Use do not, in any way, create an agency, joint venture, partnership, employee-employer, or franchisor-franchisee relationship between FCC and other party including you.

FCC does not warrant or guarantee that: (a) your content will be protected against loss, misuse, or alteration by third parties; (b) the Web Site is error-free; (c) FCC’s security procedures and processes cannot be breached; or (d) that the Web Site will be available. The Web Site and all its content is provided on an “As Is” and “As Available” basis, without warranties of any kind, whether express or implied. The limitation of liability in this paragraph shall apply to the greatest extent permitted by law.

FCC will not, under any circumstances, be liable for any direct, indirect, incidental, punitive, special, and/or consequential damages (including, without limitation, lost profits, lost data, and/or costs of obtaining substitute software or services), however arising, even if FCC is aware of the possibility of such damages. FCC shall have no liability to you for any third-party claims against you. If FCC is found responsible for any claim related to or in any way arising out of the Web Site or Terms of Use, then the collective damages for all such claims shall not exceed two hundred fifty dollars ($250). The limitation of liability in this paragraph shall apply to the greatest extent permitted by law.

Your Indemnity of FCC

You agree to defend (with counsel selected or approved by FCC), indemnify, and hold FCC harmless from any claim or demand (including, without limitation, reasonable attorney’s fees and costs), made by any third party arising out of or in any way related to: (a) any content posted by you on any FCC Web Site; (b) your violation of the intellectual property rights of others; and/or (c) your violation of these Terms of Use.

Ohio Law Governs/Jurisdiction/Venue Selection

These Terms of Use shall be construed, governed, and enforced in accordance with the laws of thee State of Ohio, except to the extent that federal law preempts those laws, without giving effect to conflict of law provisions which would result in the application of any law other than Ohio law. You and FCC consent to the exclusive jurisdiction of the state courts location in Hamilton County, Ohio (“Mandatory Venue”). You and FCC waive any objections to the jurisdiction and venue of the Mandatory Venue and agree that any dispute arising under or related to the Web Site or these Terms of Use shall be brought exclusively in the Mandatory Venue.

Entire Agreement/Severability

These Terms of Use represent the entire and integrated agreement between You and FCC related to the Web Site and supersedes all prior negotiations, representation, and agreements, whether oral or written, that relate to the subject matter of these Terms of Use. These Terms of Use may be amended only by a written document signed by You and FCC or by FCC posting of new Terms of Use. Whenever possible, each provision of these Terms of Use will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms of Use is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision of the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed, and enforced in such a manner as to make such provision valid, legal, or enforceable.