Last updated: November 5, 2017
These Terms and Conditions (“Terms”) govern your use of frostsimula.com (the “Site”), a personal portfolio operated by Frost Simula (“I”, “me”, “my”). By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
1. Nature of the Site
The Site is a personal portfolio. It showcases my own work, including samples of projects I have worked on for clients, organizations, and campaigns.
2. My Content
Unless otherwise noted, the text, designs, photographs, code, and other materials I created that appear on the Site are owned by me and protected by copyright. You may view and share links to the Site for personal, non-commercial purposes. You may not copy, republish, sell, or create derivative works from my content without my written permission, except as permitted by law (including fair use).
3. Third-Party Content and Fair Use
Content on the Site is my original work unless otherwise noted. Portfolio samples of client or collaborative projects are shown to document my role in that work. They may contain materials supplied by the client or by collaborators, which remain the property of their respective owners.
Any third-party material is used with permission, under a license, or in a manner I believe in good faith is permitted under the fair use doctrine (17 U.S.C. § 107). Third-party trademarks, images, and other materials remain the property of their owners, and their appearance on the Site does not imply ownership, endorsement, or affiliation.
I respect the rights of creators. If you believe any material on the Site is used improperly, please contact me using the process in Section 4 and I will review it promptly.
4. Copyright Concerns and Takedown Requests
If you are a rights holder, or authorized to act for one, and believe material on the Site infringes your copyright, please contact me with:
- Identification of the copyrighted work you claim is infringed;
- The specific URL(s) on the Site where the material appears;
- Your name, contact information, and, if you are an agent, proof of your authority to act for the rights holder;
- Evidence of ownership of the work (for example, a copyright registration number or chain-of-title documentation);
- A statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law, including consideration of fair use;
- A statement, under penalty of perjury, that the information in your notice is accurate; and
- If you claim statutory damages or attorney’s fees, the U.S. Copyright Office registration number and effective date for the work.
I will review each complete request in good faith and, where appropriate, remove or disable access to the material. Requests must be made in writing to the address above. I will respond to payment demands only after receiving the information listed above, and I do not use third-party payment or “resolution” portals. Removal of material is not an admission of infringement or liability.
5. Acceptable Use
You agree not to use the Site to break the law, interfere with its operation, attempt to gain unauthorized access to it, or scrape or harvest its content by automated means without permission.
6. External Links
The Site may link to or embed content from third-party websites and platforms. I do not control and am not responsible for that content or those sites’ practices.
7. Disclaimer
The Site is provided “as is” and “as available,” without warranties of any kind, express or implied, to the fullest extent permitted by law. I do not guarantee that the Site will be uninterrupted, error-free, or free of harmful components.
8. Limitation of Liability
To the fullest extent permitted by law, I will not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Site.
9. Indemnification
You agree to indemnify and hold me harmless from claims, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Site or your violation of these Terms.
10. Governing Law
These Terms are governed by the laws of the State of Minnesota, United States, without regard to conflict-of-law rules. Any dispute arising from these Terms or the Site will be resolved in the state or federal courts located in Anoka County, Minnesota, to the extent permitted by law.
11. Changes
I may update these Terms from time to time. Changes take effect when posted, and the “Last updated” date above will reflect the latest version.
12. Contact
Questions about these Terms: Contact Frost Simula