terms of use

legal agreement on music licensing

first, we, members of the port fish, would like you to know, that this agreement is made to protect us against unpleasant people where any attempt to make them happy fails. we hope this is not your case. we believe that you are one of those cool music lovers and our fans with whoom we can have friendly relationship. please do not consider this agreement as a threat. it determines the conditions and rules which, when respected, can guarantee no problems to happen.


These Terms of Use are a legal agreement ("the Agreement") between you and the port fish ("THE PORT FISH", "portfish.net") stating the terms that govern your downloads and use of THE PORT FISH music and other materials (the Product). Please read the entire Agreement carefully. You must accept and abide by the terms of the Agreement as presented in order to use the Product.


1. Your Information.
You agree to provide accurate, current, and complete information required to download the Product and at other times as may be required in the course of using the Product ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. THE PORT FISH's use of your Registration Data is subject to the terms of eSellerate's Privacy Policy (www.esellerate.net).


2. Technical Requirements.
You acknowledge that use of the Product requires other hardware and software tools (e.g., for making copies of the Product on physical media and rendering performance of the Product on authorized digital player devices), and that such hardware and software is your sole responsibility. Once the Product is downloaded, and you receive it, THE PORT FISH shall be without liability to you in the event of its loss, destruction, or damage.


3. Usage Rules.
You are entitled to download, export, burn or copy Products solely for personal, noncommercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Product or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Product. No right, title or interest in any downloaded Products or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the Products are owned by THE PORT FISH members or its licensors and you have only a limited, nontransferable, nonexclusive, revocable, nonsublicensable right to use the Products for personal use in accordance with the terms of this Agreement.

You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products, the services or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload those Products to the Internet. You may not use the Products in conjunction with any other third-party content (e.g, to provide sound for a film). You may not sell or offer to sell the Products, including but not limited to, posting any Product for auction, on any Internet auction site. All Products are sublicensed to you and not sold.

You may download Products to a single computer only. You may then transfer music files and backup license files to up to two (2) additional personal computers. You may play music an unlimited number of times on up to three (3) personal computers. You shall be entitled to 1) burn Products solely for personal, non-commercial use up to ten (10) times and 2) export Products solely to a portable device capable of playing MP3 files such MP3 player an unlimited number of times.

The delivery of the Product does not transfer to you any commercial or promotional use rights in the Product.


4. Order Acceptance Policy; Other Restrictions.
All Sales are final and all charges from those sales are nonrefundable, except as otherwise set forth in this Agreement.

There may be certain orders that we do not accept and/or must cancel.

In addition, the following restrictions apply to your purchase:

Age Requirement for use of the Service. The Product is available only for individuals who are eighteen (18) years of age. THE PORT FISH is relying on your representation that you are at least 18 years of age; THE PORT FISH would not enter this Agreement with you and would not allow you to access the Product but for your representation that you are at least 18 years of age. If you are under the age of 18 but at least 13 years of age, you may download the Product only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. THE PORT FISH does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not download the Product and parents or legal guardians may not enter into to this Agreement on their behalf. If you are a parent or legal guardian entering into to this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Product, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not download the Product.

Use on up to three computers. You may download the Product to a single computer. You may then transfer music files and backup license files to up to two (2) additional personal computers. You may play music an unlimited number of times on up to three (3) personal computers. You shall be entitled to 1) burn Products solely for personal, non-commercial use up to ten (10) times total, and 2) export Products solely to a portable device capable of playing MP3 files such as a MP3 player an unlimited number of times.

Download within 10 days. You must download the Product within 10 days of purchase. After 10 days, the Product file will no longer be available for you to download.There is no refund for Products that are not downloaded within 10 days.

First play within 120 days. You must play the Product for the first time within 120 days of purchase. After 120 days, if you have not yet played the Product, the license file that is required to play the Product will no longer be available.There is no refund for Products that are not played for the first time within 120 days.


5. Delivery of Product.
The Product is available as an electronic download. There is no physical media shipped to deliver the Product to you.

On occasion, technical and other problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by THE PORT FISH.


6. Intellectual Property.
Acknowledgement of Ownership. You agree that the Product, all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Product, are owned by THE PORT FISH and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Product or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. No portion of the Product or any element thereof may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, share, or create derivative works based on the Product or any element thereof, in any manner, and you shall not use the Product or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF THE PRODUCT MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.


7. Termination.
THE PORT FISH reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Product (or any part thereof) at any time, with our without notice, for any or no reason.

Survival. The provisions of Sections 3, 4, 6 will survive termination of this Agreement.


8. General Compliance with Laws.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Product.


9. Disclaimer of Warranties; Limitation of Liability.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES DELIVERED TO YOU ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE PORT FISH BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PRODUCT.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND THE PORT FISH HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

THE PORT FISH MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE PRODUCT WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS.


10. Changes.
THE PORT FISH reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Product. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Product following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.


11. THE PORT FISH members.
THE PORT FISH members are aka flow and aka TiDe.