Terms and Conditions
Welcome to Catfish Joe Productions
Catfish Joe Productions can also be referred to as Catfishjoeproductions.com as this Terms and Conditions will apply for all products/text/intellectual property of Catfish Joe Productions
This site is provided as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Catfishjoeproductions.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Catfishjoeproductions.com Web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.
COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips, DVD’s and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Catfishjoeproductions.com, the owners, one of its affiliates or by third parties who have licensed their materials to Catfishjoeproductions.com and are protected by R.S.A and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Catfishjoeproductions.com and is also protected by R.S.A. and international copyright laws.
Catfishjoeproductions.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Web site. Access to this Web site does not confer and shall not be considered as conferring upon anyone any license under any of Catfishjoeproductions.com’s or any third party's intellectual property rights.
The Catfish Joe Productions names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Catfish Joe Productions. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
References on this Web site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Catfishjoeproductions.com's endorsement, sponsorship or recommendation of the third party, information, product or service. Catfishjoeproductions.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
USE OF THIS SITE
You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of Catfishjoeproductions.com or its suppliers and protected by R.S.A. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
SITE SECURITY
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Company on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Google).
GENERAL
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Company to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Company's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under South African law as such law applies to agreements between South African residents entered into and to be performed within South Africa. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of South Africa.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Catfish Joe Productions on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Catfishjoeproductions.com's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Catfishjoeproductions.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus Catfish Joe Productions will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Catfish Joe Productions is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. We welcome your comments regarding the Catfishjoeproductions.com Web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted by you shall be and remain the exclusive property of Catfishjoeproductions.com. Your submission of any such Comments shall constitute an assignment to Catfish Joe Productions of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Catfish Joe Productions will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
COLOURS
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
INDEMNIFICATION
You agree to defend, indemnify and hold Catfish Joe Productions harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any products.
TERMINATION
These terms are effective unless and until terminated by either you or Catfish Joe Productions. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Catfishjoeproductions.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Catfish Joe Productions's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Catfish Joe Productions, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.
DISCLAIMER
THIS SITE IS PROVIDED BY Catfish Joe Productions ON AN "AS IS" AND "AS AVAILABLE" BASIS. Catfish Joe Productions MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Catfish Joe Productions DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Catfish Joe Productions DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE CATFISH JOE PRODUCTIONS.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL CATFISH JOE PRODUCTIONS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES OR DEATH OF ANY NATURE ARISING OUT OF USING ANY PRODUCT ADVERTISED ON THIS SITE OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE CATFISHJOEPRODUCTIONS.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CATFISH JOE PRODUCTIONS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CATFISH JOE PRODUCTIONS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.