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(Last updated on May 6, 2008)
Set forth below
are the Legal Notices applicable to the website (the
"Website") and the information and materials on the Website
(together, the "Materials"). New Amsterdam Ventures, LLC
(sometimes referred to herein as the "Company") owns and
operates this Website, and owns the Materials, unless
otherwise noted. This Website and the Materials are made
available on the World Wide Web, at
www.FishInTheSea.com,
in accordance with certain Terms and Conditions. Any
information you submit while using this Website will be
treated in accordance with the Company's
Privacy Policy.
Trademarks
"Fish In The Sea" is a registered service mark of New
Amsterdam Ventures, LLC.
"FishInTheSea.com", "Get Ready To Reel Your Great Catch
In!", "FishPrint", "Search The Sea", "Cast A Net", "Free
Dive", "Kissing Fish", "Fish Market", "Drop A Line" and
logos, words and phrases that contain the symbols "®";, "TM"
and "SM" are also trademarks and service marks of New
Amsterdam Ventures, LLC, except for those symbols associated
with third parties' goods and services.
None of these marks may be utilized for any purpose
without the express written permission of New Amsterdam
Ventures, LLC.
Linking To Our Website
You may link to the home page or any other page of this
Website, unless we notify you and request you to discontinue
your link. If you do link to our Website, please notify us
by sending an email to
postmaster@FishInTheSea.com and putting in the subject
line: "Link To Website" with information about your website
and where the link to our Website may be found.
Copyrights
This Website and the Materials, unless otherwise noted,
are copyrighted by New Amsterdam Ventures, LLC. All content
created by us and included on the Website, such as text,
logos, graphics, images, javascript code, HTML code and
other code is the exclusive property of the Company and is
protected by U.S. copyright law and international copyright
laws.
The software we utilize to power this Website is copyrighted
by Skalfa eCommerce and licensed to us for use in connection
with this Website. Photographs used with the Kissing FishSM
Virtual Kisses feature are provided by the National
Oceanographic and Atmospheric Administration and are in the
public domain; the photographers who created those photos
are credited in our Credits section of the Website; other
photographers and licensors may be credited in that Credits
section. Original artwork, photographs and other content
submitted by our members are used under a non-exclusive
license from such members as set forth in our
Terms and
Conditions.
Notwithstanding that some of the content may not be created
by us, the collection of all of the content on this Website
is a collective work under U.S. copyright law and is the
exclusive property of the Company and protected by U.S. and
international copyright laws.
The Company asks its visitors to respect the Company's
intellectual property rights for the Website and the
Materials. Individuals are granted a limited license (the
"Limited License") to use the Website and Materials,
including, but not limited to, printing information from the
Website for personal, non-commercial use only. Inclusion of
any part of this Website in any other work, whether printed,
electronic or in any other form, is strictly prohibited;
except as specifically provided in this
Legal Notices.
Permission for any other usage of our Website and the
Materials must be requested in advance and approved by us in
writing.
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for owners of copyrighted material who
believe that their rights under U.S. copyright law have been
infringed on the Internet. Under the DMCA, copyright owners
may contact the authorized agent of an Internet service
provider to report an alleged infringement of their
protected work appearing on web pages hosted by the service
provider.
New Amsterdam Ventures, LLC intends to fully comply with the
DMCA. Upon receipt of a properly filed complaint satisfying
the requirements of the DMCA, the Company will remove or
block access to the allegedly infringing material. If a user
of the Website believes in good faith that a notice of
copyright infringement has been wrongly filed, such person
may submit a counter-notice to the Company.
This information is provided for informational purposes only
and should not be construed as legal advice. If you believe
that your copyright has been infringed, or if a notice of
copyright infringement has been filed against you, we
recommend that you seek legal counsel.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c)(2) of the Copyright Revision Act,
as enacted through the DMCA, New Amsterdam Ventures, LLC
designates an agent as described below, to receive
notifications of claimed infringement:
Legal name and address of service provider:
New Amsterdam Ventures, LLC
362 Thirteenth Street
Brooklyn, NY 11215
Names under which service provider does business:
New Amsterdam Ventures
NAVentures.com
Fish In The Sea
FishInTheSea.com
FishPrint
Designated agent:
Emily Campbell
Designated agent's address:
Emily Campbell
New Amsterdam Ventures, LLC
362 Thirteenth Street
Brooklyn, NY 11215
Telephone, fax, and e-mail address of designated agent:
Telephone: (718) 369-1135
Fax: (718) 369-0765
Email: dmca@naventures.com
For your complaint to be valid under the DMCA, you must
provide the following information when providing notice of
the claimed copyright infringement:
(i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a
representative list of such works at that site.
(iii) Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service
provider to locate the material.
(iv) Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an
address, telephone number, and, if available, an electronic
mail address at which the complaining party may be
contacted.
(v) A statement that the complaining party has a good faith
belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the
law.
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
For more details on the information required for valid
notification, we recommend that you review 17 U.S.C.
512(c)(3). Visit the U.S. Copyright Office's website for
more information at
http://www.copyright.gov/.
You should be aware that, under the DMCA, claimants who make
misrepresentations concerning copyright infringement may be
liable for damages incurred as a result of the removal or
blocking of the material, court costs and attorneys' fees.
Counter-Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against
you, you may file a counter-notification with New Amsterdam
Ventures, LLC's designated agent at the address listed
above. Such counter-notification must contain the following
information:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or
to which access has been disabled and the location at which
the material appeared before it was removed or access to it
was disabled.
(C) A statement under penalty of perjury that the subscriber
has a good faith belief that the material was removed or
disabled as a result of mistake or misidentification of the
material to be removed or disabled.
(D) The subscriber's name, address, and telephone number,
and a statement that the subscriber consents to the
jurisdiction of Federal District Court for the judicial
district in which the address is located, or if the
subscriber's address is outside of the United States, for
any judicial district in which the service provider may be
found, and that the subscriber will accept service of
process from the person who provided notification under
subsection (c)(1)(C) or an agent of such person.
If New Amsterdam Ventures, LLC receives a valid
counter-notification, the DMCA provides that the removed
material will be restored or access re-enabled.
Please be advised that U.S. copyright law provides
substantial penalties for a false counter-notice filed in
response to a notice of copyright infringement.
For more information about the Company's policies regarding
copyright, review Rights You Give Us To Use Your Information
and Ideas as part of our Terms and Conditions.
Updates To Legal Notices
Your use of this Website and the Materials constitutes your
acknowledgment of the Company's intellectual property rights
and your agreement to act only in accordance with the
Limited License granted to you to use the Website and the
Materials. The Company reserves the right to amend the
information contained in the Legal Notices. You can
determine if the Legal Notices have been revised by
referring to the "Last Updated" date at the top of this
page, or if you write to us at
terms@FishInTheSea.com and put in the subject line
"Legal Notices", the Company will inform you by email each
time the Legal Notices are updated. The Company recommends
that you review the Legal Notices regularly to ensure that
you are aware of the terms of your usage of the Website and
the Materials.
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