LEGAL DISCLAIMER

I. NATURE OF THIS WORK

This website, operating under the title "JAC-MAN," constitutes a transformative parody work created for the express purposes of: (a) demonstrating technical proficiency in web development and software engineering; (b) serving as an interactive portfolio navigation system; and (c) providing commentary on and homage to classic arcade gaming culture. This work is presented solely as a personal portfolio project and educational demonstration.

II. FAIR USE DEFENSE UNDER 17 U.S.C. § 107

This work asserts protection under the Fair Use doctrine as codified in Title 17, Section 107 of the United States Code. The four-factor analysis supporting this fair use claim is as follows:

A. Purpose and Character of Use (Transformative)

• Non-commercial Educational Purpose: This website serves exclusively as a portfolio demonstration showcasing technical skills in front-end development, game logic implementation, and interactive design. No commercial benefit, monetary gain, or competitive market advantage is sought or derived from this work.
• Transformative Nature: Unlike the original work referenced (Pac-Man™), which functions as commercial entertainment software, JAC-MAN operates fundamentally differently as a portfolio navigation interface. The underlying purpose has been transformed from entertainment consumption to professional skills demonstration and career content delivery.
• Parody and Commentary: This work constitutes parody by using recognizable arcade game conventions to comment on and celebrate retro gaming culture while simultaneously subverting those conventions for an entirely different functional purpose (career portfolio navigation).

B. Nature of the Copyrighted Work

While the referenced work (Pac-Man™) is a creative, copyrighted work, this factor is given less weight in parody cases. See Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) (holding that parody has an obvious claim to transformative value and the nature of the copyrighted work is less important in parody analysis).

C. Amount and Substantiality Used

This work deliberately incorporates only those elements necessary to "conjure up" the original for purposes of parody:

• Generic maze navigation mechanics (not protectable as ideas under Baker v. Selden)
• Modified visual presentation with distinct color palette (Matrix green vs. classic yellow)
• Different character design ("bugs" with angular, technical aesthetics vs. rounded characters)
• Alternative terminology ("code bits," "debug mode," "bugs" vs. original game terms)
• Unique functional elements (portfolio page integration, randomized mazes, career content)

D. Effect on the Market

This work creates no market substitution effect and does not compete with or diminish the market for the original work. The target audiences are entirely distinct: (i) this work targets potential employers, clients, and professional contacts evaluating technical capabilities; (ii) the original work targets consumers of entertainment software. No reasonable consumer would substitute this portfolio interface for the original commercial game product. Furthermore, this work is not offered for sale, license, or commercial distribution.

III. TRADEMARK DISCLAIMER AND NON-AFFILIATION

JAC-MAN IS NOT AFFILIATED WITH, ENDORSED BY, SPONSORED BY, OR CONNECTED IN ANY MANNER TO PAC-MAN™ OR BANDAI NAMCO ENTERTAINMENT INC.

"Pac-Man" and all related trademarks, service marks, and trade dress are the exclusive property of Bandai Namco Entertainment Inc. and/or its subsidiaries, affiliates, or licensors. All rights reserved by respective trademark holders.

The name "JAC-MAN" is used as a personalized parody moniker derived from the creator's given name (Jack Abeyta) and constitutes nominative fair use under trademark law to the extent it evokes the original mark for purposes of parody. See New Kids on the Block v. News Am. Publ'g, Inc., 971 F.2d 302 (9th Cir. 1992) (establishing nominative fair use defense).

No confusion, sponsorship, or affiliation is intended or should be inferred. The use of arcade-style game mechanics serves solely to create an engaging interface for portfolio content and does not constitute trademark infringement under the Lanham Act, 15 U.S.C. § 1125(a).

IV. TRANSFORMATIVE ELEMENTS AND DIFFERENTIATION

This work incorporates substantial transformative elements that clearly distinguish it from any referenced original work:

• Distinct Visual Presentation: Modified color scheme utilizing Matrix-inspired green (#00FF41) instead of classic yellow; angular "bug" entities with technical design language replacing rounded character designs; altered aesthetic presentation throughout.
• Different Functional Purpose: Portfolio navigation and career content delivery system rather than entertainment software; integration with professional content (experience, projects, achievements).
• Modified Terminology: Technical/developer-themed language ("code bits," "debug mode," "bugs," "catch bugs") replacing traditional gaming terminology.
• Unique Technical Features: Dynamic maze generation algorithms; portfolio page routing integration; session state management; responsive navigation systems.
• Educational Context: Presented explicitly as a demonstration of technical skills including front-end development, game loop implementation, state management, and UI/UX design.

V. COPYRIGHT OWNERSHIP AND ORIGINAL CONTENT

Copyright © 2025 Jack Abeyta. All rights reserved.

All original code, design implementations, written content, project descriptions, and creative works presented on this website are the exclusive intellectual property of Jack Abeyta, except where explicitly attributed to third parties or where fair use of others' works is claimed. This includes but is not limited to:

• Original source code and software implementations
• Custom visual designs, layouts, and user interface elements
• Written content, project descriptions, and portfolio materials
• Unique game mechanics and technical implementations

The arcade-style navigation mechanism is presented as a transformative parody work and does not constitute a claim to ownership of underlying game concepts, which are acknowledged to be either (a) non-protectable ideas under copyright law, or (b) the property of their respective owners where specific expression is concerned.

VI. NON-COMMERCIAL USE AND INTENT

This website is operated exclusively for non-commercial purposes as a personal portfolio and professional presentation tool. Specifically:

• No products or services are offered for sale through this website
• No advertising revenue or commercial gain is derived from this website
• No licensing, distribution, or commercialization of any arcade-style game is conducted
• The sole purpose is career advancement through demonstration of technical competence

This non-commercial nature weighs heavily in favor of fair use protection. See Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417, 451 (1984).

VII. LIMITATION OF LIABILITY

This website and all content are provided "AS IS" without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The creator makes no representations or warranties regarding the accuracy, completeness, or availability of any content.

To the fullest extent permitted by applicable law, the creator shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising from use of this website, even if advised of the possibility of such damages.

VIII. DMCA COMPLIANCE AND TAKEDOWN PROCEDURES

The creator respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. While the creator maintains in good faith that this work constitutes fair use and does not infringe any valid intellectual property rights, if you believe that content on this website infringes your copyright:

You may submit a notice of claimed infringement containing: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material claimed to be infringing; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; (e) a statement under penalty of perjury that the information is accurate and you are authorized to act; and (f) your physical or electronic signature.

The creator will review all notices in good faith and respond appropriately, including removing content if legally required, while reserving all rights to assert fair use and other applicable defenses.

IX. GEOGRAPHIC SCOPE AND GOVERNING LAW

This disclaimer and the legal protections claimed herein are asserted primarily under United States federal law, including the Copyright Act of 1976 (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.). The creator acknowledges that intellectual property laws vary by jurisdiction and makes no representations regarding the legal status of this work in jurisdictions outside the United States.

X. SEVERABILITY

If any provision of this disclaimer is found to be unenforceable or invalid under applicable law, such unenforceability or invalidity shall not render this disclaimer unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein.

XI. RESERVATION OF RIGHTS

All rights not expressly granted herein are reserved. Nothing in this disclaimer shall be construed as a waiver of any rights under applicable law, including but not limited to fair use rights, First Amendment protections, or other statutory or common law privileges.