GoFISHn WEBSITE TERMS OF USE
Introduction; Your Agreement to these Terms of Use.'
Welcome to the Go Outdoor Sportn, Inc., (“GoFISHn”) website and services. The following Terms of Use apply to all users of www.gofishn.com and its associated websites and services (collectively, the “GoFISHn Site”). The following Terms of Use for the GoFISHn Site is a legal contract between you, an individual user or a single entity (collectively or individually “Users”), and GoFISHn regarding your use of the GoFISHn Site. Together, Users and GoFISHn are referred to herein individually as “Party” or collectively as the “Parties”. When using the GoFISHn Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All Guidelines are hereby incorporated by reference into these Terms of Use.
BEFORE USING THE GoFISHN SITE, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE GoFISHN SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS OF USE” OR “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE GoFISHN SITE.
In order to use the GoFISHn Site, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13, as the GoFISHn Site is not intended for children under 13. If you are using or opening an account on the GoFISHn Site on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you: are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
Your privacy is important to GoFISHn. GoFISHn’s Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to GoFISHn's collection, use, and disclosure of your personal information.
(a) GoFISHn reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice to you. All changes shall be effective immediately. In the event of a material change, we will notify you via the most recent e-mail address that you have provided to us in conjunction with your account. Please check these Terms periodically for changes. Your continued use of the GoFISHn Site after the posting of changes constitutes your binding acceptance of such changes.
(b) Certain account types and functions on the GoFISHn Site may have fees associated with them. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our stated fees, which we may change from time to time. Any changes to fees for GoFISHn Site services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the GoFISHn Site; provided, however, that such changes shall only apply prospectively to your use of the GoFISHn Site. Unless otherwise stated, all fees are quoted in U.S. Dollars.
GoFISHn grants you permission to use the GoFISHn Site as set forth in these Terms, provided that and for so long as (i) you use the GoFISHn Site solely for your personal or internal business use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the GoFISHn Site in any medium without GoFISHn’s prior written authorization; (iii) you do not alter or modify any part of the GoFISHn Site other than as may be reasonably necessary to use the GoFISHn Site for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. The GoFISHn Site is controlled and offered by GoFISHn from its facilities in the United States of America. GoFISHn makes no representations that the GoFISHn Site is appropriate or available for use in other locations. If you are accessing or using the GoFISHn Site from other jurisdictions, you do so at their own risk and you are responsible for compliance with local law.
As between the Parties, the GoFISHn Site including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the GoFISHn Site that are provided by GoFISHn (“GoFISHn Materials”) are owned and/or licensed by GoFISHn. GoFISHn Materials do not include Non-GoFISHn Content (as defined below). Except as expressly authorized by GoFISHn, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the GoFISHn Site or the GoFISHn Materials. GoFISHn reserves all rights not expressly granted in these Terms. User shall not acquire any right, title, or interest to the GoFISHn Materials, except for the limited rights set forth in these Terms.
(a) General. The GoFISHn Site may now or in the future permit you and other users to post or link media, text, audio and video recordings, photos, graphics, commentary or any other content (“User Content”), and to host and/or share such User Content. User Content is not controlled by GoFISHn. GoFISHn makes no representations that your User Content will remain available via the GoFISHn Site in any way and may remove your User Content in its sole discretion. YOU UNDERSTAND THAT ANY INFORMATION AND/OR USER CONTENT THAT YOU POST FOR VIEWING ON THE GoFISHn SITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE GoFISHn SITE, AND GoFISHn DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH INFORMATION AND/OR USER CONTENT.
(b) Grant of Rights. By submitting User Content to GoFISHn, you hereby grant GoFISHn and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the GoFISHn Site and GoFISHn’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the GoFISHn Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant GoFISHn and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user of the GoFISHn Site a non-exclusive license to access your User Content through the GoFISHn Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the GoFISHn Site and these Terms.
(c) Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such Content. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize GoFISHn to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by GoFISHn and these Terms, and to grant the rights and license set forth in this Section, and (ii) your User Content, GoFISHn’s use of such User Content pursuant to these Terms, and GoFISHn’s exercise of the license rights set forth in this Section, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
(d) Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the GoFISHn Site: (i) any falsehoods or misrepresentations that could damage GoFISHn or any third party; (iii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) advertisements or solicitations of business, products, or services; or (v) any material that would be harmful to minors in any manner.
You understand that when using the GoFISHn Site you will be exposed to User Content and other third party content (together, the “Non-GoFISHn Content”) from a variety of sources, and that you may be exposed to Non-GoFISHn Content that is inaccurate, offensive, indecent, or otherwise objectionable. GoFISHn does not endorse any Non-GoFISHn Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will GoFISHn be liable in any way for or in connection with the Non-GoFISHn Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-GoFISHn Content, any intellectual property infringement with regard to any Non-GoFISHn Content, or for any loss or damage of any kind incurred as a result of the use of any Non-GoFISHn Content posted, emailed or otherwise displayed or transmitted through the GoFISHn Site.
You understand that you, and not GoFISHn, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available through the GoFISHn Site. GoFISHn does not control the Non-GoFISHn Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Non-GoFISHn Content for any purpose. If at any time, GoFISHn chooses, in its sole discretion, to monitor the Non-GoFISHn Content, GoFISHn nonetheless assumes no responsibility for the Non-GoFISHn Content, no obligation to modify or remove any inappropriate Non-GoFISHn Content, and no responsibility for the conduct of the user submitting any such Non-GoFISHn Content. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Non-GoFISHn Content, including any reliance on the accuracy, completeness, usefulness, or legality of such User Content or other Non-GoFISHn Content.
GoFISHn and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-GoFISHn Content that is available on the GoFISHn Site in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
(a) As a condition of your use of the GoFISHn Site, you hereby represent and warrant that you will not use the GoFISHn Site for any purpose that is unlawful or prohibited (including without limitation, the prohibitions in this Section) by these Terms.
(b) Any use by you of any of the GoFISHn Materials and GoFISHn Site other than for your personal or internal business use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the GoFISHn Site, use of the GoFISHn Site, access to the GoFISHn Site, or Non-GoFISHn Content obtained through the GoFISHn Site, for any purpose other than for your personal or internal business use.
(c) You agree not to use the GoFISHn Site if you do not meet the eligibility requirements described in Section 1 above.
(d) You agree not to defame, harass, abuse, threaten, stalk or defraud users of the GoFISHn Site, or collect, or attempt to collect, personal information about users or third parties without their consent.
(e) You agree not to intentionally interfere with or damage, impair or disable the operation of the GoFISHn Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
(f) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the GoFISHn Site, features that prevent or restrict the use or copying of any part of the GoFISHn Site, or features that enforce limitations on the use of the GoFISHn Site.
(g) You agree not to attempt to gain unauthorized access to the GoFISHn Site, or any part of it, other accounts, computer systems or networks connected to the GoFISHn Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the GoFISHn Site or any activities conducted through the GoFISHn Site.
(h) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the GoFISHn Site. You agree neither to modify the GoFISHn Site in any manner or form, nor to use modified versions of the GoFISHn Site, including (without limitation) for the purpose of obtaining unauthorized access to the GoFISHn Site.
(i) You agree that you will not use any robot, spider, scraper, or other automated means to access the GoFISHn Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the GoFISHn Site.
(j) You agree not to utilize framing techniques to enclose any trademark, logo, or other GoFISHn Materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing GoFISHn's name or trademarks without GoFISHn's express written consent.
(k) You agree not to deep-link to the GoFISHn Site and will promptly remove any links that GoFISHn finds objectionable in its sole discretion. You agree not to use any GoFISHn logos, graphics, or trademarks as part of the link without our express written consent.
(l) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the GoFISHn Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(m) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the GoFISHn Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(n) You agree not to modify, adapt, translate, or create derivative works based upon the GoFISHn Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(o) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
In order to access some features of the GoFISHn Site, you will have to create an account. You represent and warrant that the information you provide to GoFISHn upon registration and, at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent, and agree that GoFISHn may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claim that any User Content violates the rights of third parties; (d) provide certain customized features of the GoFISHn Site to you, if any, or respond if you contact GoFISHn for any reason; or (e) protect the rights, property, or personal safety of GoFISHn, the users, and the public.
If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify GoFISHn. YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY GoFISHN OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT
In order to access some features of the GoFISHn Site (the “Pro Features”), you will have to create a professional account (“Pro Account”). In order to use the Pro Features, you agree to pay a recurring monthly subscription fee to GoFISHn ("Subscription Fee"), which Subscription Fee represents a minimum financial commitment for your use of the Pro Features.
You agree to pay your Subscription Fee in advance of using any Pro Features. GoFISHn reserves the right to discontinue or modify any Subscription Fee-based payment option at any time without notice.
You agree that GoFISHn may automatically charge the Subscription Fee to your credit card account on each monthly anniversary of the date that you sign up for a Pro Account. Your access to the Pro Features will not be established until GoFISHn has verified that the credit card you provide GoFISHn for payment is accurate and that your credit card account is in good standing.
The minimum commitment for a Pro Account with a Subscription Fee is 30 days. When you cancel a Pro Account, the cancellation will become effective on the 1st day of the calendar month that follows the day your 30-day commitment is met. In between the time you cancel and the effective date of the cancellation, you are responsible for any additional fees that you accrue. All Subscription Fees are final and nonrefundable.
GoFISHn reserves the right to suspend or terminate your access to the Pro Features, and/or the GoFISHn Site without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to GoFISHn when GoFISHn believes you are liable for the charges.
When you sign up for a Pro Account, you have an opportunity to review and accept the fees that you will be charged based on our stated fees, which we may change from time to time. Any changes to the Subscription Fee will be effective thirty (30) days after we provide you with notice by posting such changes on the GoFISHn Site; provided, however, that such changes shall only apply prospectively to your use of the GoFISHn Site. Unless otherwise stated, all fees are quoted in U.S. Dollars.
GoFISHn accepts payments through the major credit card or PayPal account indicated on the applicable payment screen. Billing to your account occurs at the time of purchase or shortly thereafter. GoFISHn does not accept any other payment form. You agree to pay for all products and services that you purchase through the GoFISHn Site, and you agree that we may charge your selected payment method for any such payments.
You are required to keep your billing information current, complete and accurate (such as a change in billing address, credit/debit card number or expiration date) and notify GoFISHn if your credit card account is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). You agree to pay any outstanding balance in full within thirty (30) days of your subscription to a Pro Account. All fees not paid to GoFISHn by you within thirty (30) days of when such fees become due and payable in accordance with this Agreement shall be subject to a finance charge of one and one half percent (1.5%) per month interest, or the maximum allowable under applicable law, whichever is less, with such interest charges starting on the due date for such fees, plus any related collection and legal costs actually incurred by GoFISHn in connection with GoFISHn's collection of such fees. Additionally, GoFISHn reserves the right to deactivate your account if payment is past due, regardless of the dollar amount.
GoFISHn shall ensure that any third party vendors handling credit card processing pursuant to this Agreement (e.g., PayPal) shall adhere to the Payment Card Industry Data Security Standards ("PCI standards"). In connection therewith, GoFISHn shall require that any such vendor who receives, maintains, stores, handles, protects, transports or transmits credit card numbers and associated personal information ("User Credit Card Information") (i) may only use such User Credit Card Information for assisting in completing card transactions, for providing fraud control services, or for uses required by applicable law, and (ii) shall perform customary assessments of its systems and procedures on an on-going basis, and if such assessment reveals any non-compliance with the PCI Standards, it shall take actions to cure such non-compliance.
PLEASE NOTE: If a Pro Account subscription has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us.
You are responsible for paying any governmental taxes imposed on your use of the GoFISHn Site, including, but not limited to, sales, use or value-added taxes. To the extent GoFISHn is obligated to collect such taxes, the applicable tax will be added to your billing account.
(a) GoFISHn Widget. GoFISHn may provide you with access to a certain software program which enables users of third party sites to access the GoFISHn Site (the “GoFISHn Widget'”). Subject to your compliance with these Terms, GoFISHn grants to you a non-exclusive, non-transferable, non-sublicensable, limited right to display the GoFISHn Widget on any website owned or controlled by you (each a “User Site”). You may not: (a) modify, translate or create derivative works based on the GoFISHn Widget, (b) sell, rent, lease, timeshare, encumber, license, sublicense, transfer or assign the GoFISHn Widget, (c) attempt to decompile, disassemble or reverse engineer the GoFISHn Widget in whole or in part, or take any other action in derogation of GoFISHn’s intellectual property rights (except to the extent such restriction is expressly prohibited by law); or (d) attempt to remove any proprietary notices or labels on the GoFISHn Widget.
(b) User Sites. You shall: (i) Adhere to and comply with the User Site Standards (as defined below); (ii) ensure that your User Site(s) comply with all laws regarding privacy and data collection, including COPPA (Children’s Online Privacy Protection Act), and that each of your User Site(s) has a posted privacy policy that complies with applicable law; and (iii) ensure that your User Site(s) will be free from any software, tools or text that could cause GoFISHn’s or its Users’ websites, systems and networks harm or damage.
(c) User Site Standards. The standard outlined below (the “User Site Standards”) set forth some forms of prohibited content and guidelines regarding content. The list of standards specified below, however, is not a comprehensive listing of prohibited content on the User Sites. You shall at all times: (a) ensure that you have the rights to display all content on the User Sites by obtaining the proper licenses and by complying with the Digital Millennium Copyright Act.
(i) The User Sites, including all information, text, images, photographs, graphics, e-mail addresses, web pages, comments and reviews, discussion board postings and other materials contained in or linked to the User Sites, may not contain, publish, link to, sell or otherwise distribute any “Prohibited Content”. Prohibited Content is defined as content that: (a) is lewd, profane, obscene, or indecent, including any content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts or contains links to websites or content displaying any materials described in this sub-section; (b) contains swear words; (c) is harassing, threatening, abusive, inflammatory or otherwise objectionable, including content used to harass, stalk or threaten a person; (d) is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy; (e) offers or disseminates any fraudulent goods, services, schemes or promotions, including any make-money-fast schemes, chain letters, or pyramid schemes; (f) you have knowledge that the content allegedly is libelous, defamatory, knowingly false or misrepresents another person; (g) you have knowledge that the content allegedly infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party; (h) is harmful to GoFISHn’s or any other party’s systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information; (i) violates any obligation of confidentiality; (j) violates the privacy, publicity, moral or any other right of any third party; and/or (k) consists of any other content that GoFISHn in its sole discretion deems to be Prohibited Content.
(ii) GoFISHn, in its sole discretion, will determine what constitutes “Prohibited Content” under these User Site Standards. GoFISHn is under no obligation to monitor the User Sites for compliance with these User Site Standards. GoFISHn may change the User Site Standards as set forth herein. If the User Site has Prohibited Content or otherwise does not meet the requirements for the User Site set forth in this Agreement, you shall immediately remove any and all GoFISHn Widgets from all applicable User Sites.
(d) Affiliate Program.
(i) If you have a Pro Account, you may be eligible to receive certain compensation as set forth herein (the “Affiliate Program”). Specifically, subject to your compliance with these Terms, GoFISHn will pay you: (i) $2 for each unique user who clicks-through to the GoFISHn Site via the GoFISHn Widget on your User Site and registers for an account (other than a Pro Account) on the GoFISHn Site within 28 days of such click-through; and (ii) $25 for each unique user who clicks-through to the GoFISHn Site via the GoFISHn Widget on your User Site and registers for a Pro Account on the GoFISHn Site within 28 days of such click-through (such amounts net of any taxes GoFISHn is required to collect, withhold or pay with respect to such earned amount are referred to collectively herein as the “Referral Fees”). GoFISHn will calculate the Referral Fees based solely on its internal tracking system. For the avoidance of doubt, only Pro Account holders are eligible to receive Referral Fees. You will not encourage, authorize, enable or permit any such clicks or accounts to be generated by any automated, fraudulent or incented means (including clicks or accounts that you should have known were generated by any automated, fraudulent or incented means). Any click or account generated by any automated, fraudulent or incented means shall not be counted for purposes of calculating any compensation owed to you. Notwithstanding anything to the contrary herein, GoFISHn may modify or discontinue the Affiliate Program at its sole discretion.
(ii) GoFISHn will pay any applicable Referral Fees no more than sixty (60) days following the last day of the calendar month in which such Referral Fees were earned, subject to a minimum earnings threshold of forty dollars ($40) or as otherwise stated by GoFISHn (in which case such Referral Fees that are below the minimum threshold will carry over to the next month’s Referral Fees). With each such payment, GoFISHn shall provide you with a statement setting forth the fees earned and other applicable information regarding the applicable time period.
Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users found on or through the GoFISHn Site are solely between you and such advertiser or User. YOU AGREE THAT GOFISHN WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE GOFISHN SITE.
GoFISHn, Users, or third parties may provide links on the GoFISHn Site to other sites including the content therein (“Reference Sites”). GoFISHn has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or content linked to by the GoFISHn Site. GoFISHn provides links to you only as a convenience, and the inclusion of any link on the GoFISHn Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the GoFISHn Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
GoFISHn may make changes to or discontinue any of the media, web communities, features, programs, products, or services available within the GoFISHn Site at any time, and without notice. The media, products, or services on the GoFISHn Site may be out of date, and GoFISHn makes no commitment to update these materials on the GoFISHn Site.
You are solely responsible for your involvement with other users of the GoFISHn Site. GoFISHn reserves the right, but has no obligation, to monitor disagreements between you and other users. GOFISHN DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.
(a) GoFISHn. You agree that GoFISHn, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have through the GoFISHn Site or your use of the GoFISHn Site, and remove and discard all or any part of your account or any User Content, at any time. You agree that your access to the GoFISHn Site or any account you may have or portion thereof may be terminated without prior notice, and you agree that GoFISHn shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies GoFISHn may have at law or in equity.
(b) User. If you are dissatisfied with the GoFISHn Site, please let us know at info@GoFISHn.com. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the GoFISHn Site, (ii) any term of these Terms, (iii) any policy or practice of GoFISHn in operating the GoFISHn Site, or (iv) any content or information transmitted through the GoFISHn Site, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the GoFISHn Site and providing notice of termination at info@GoFISHn.com. Unused fees are non-refundable and, if applicable, GoFISHn reserves the right to charge you the early termination fee agreed to by you at the time you subscribed to a Pro Account. Notwithstanding anything to the contrary in this Agreement, GoFISHn retains the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if the charges to your credit card for any fees are refused for any reason. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the GoFISHn Site before termination.
(c) Effect of Termination. Upon termination of these Terms and your account by you, or subject to GoFISHn's termination rights herein, GoFISHn reserves the right to charge you fees through the end of your subscription term; provided that you shall have access to the Pro Features in exchange for such fees through the end of your subscription term. If GoFISHn terminates your use of any part or all of the Pro Features prior to the completion of your subscription period (except if such termination is a result of your breach of any obligations, covenants, representations, warranties, or terms in these Terms, in which case GoFISHn may terminate without liability as described above), your sole remedy is a pro-rata refund of the purchase price paid for the unavailable service. Upon termination or your Pro Account for any reason, your continued use of the GoFISHn Site is subject to these Terms. For the avoidance of doubt, and notwithstanding anything to the contrary in these Terms, GoFISHn may downgrade, delete, or otherwise modify your account upon termination in GoFISHn's sole discretion. Upon termination of these Terms, you shall immediately remove any and all GoFISHn Widgets from your applicable User Site(s).
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GOFISHN, AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE GOFISHN SITE; (II) YOUR USER CONTENT, INCLUDING GOFISHN’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR USER SITE, (V) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (VI) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VII) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY GOFISHN. GOFISHN RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF GOFISHN. GOFISHN WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
(a) Acknowledgement. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 21, THE TERM GOFISHN INCLUDES GOFISHN’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, AND SUBCONTRACTORS.
(b) No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOFISHN DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOFISHN OR THROUGH THE GOFISHN SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(c) “As is” and “As available” and “With All Faults.” YOU EXPRESSLY AGREE THAT THE USE OF THE GOFISHN SITE AND GOFISHN WIDGET IS AT YOUR SOLE RISK. THE GOFISHN SITE, GOFISHN WIDGET, USER CONTENT, NON-GOFISHN CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOFISHN SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
(d) Website Operation and Non-GoFISHn Content. GOFISHN DOES NOT WARRANT THAT THE GOFISHN MATERIALS, GOFISHN WIDGET, USER CONTENT, NON-GOFISHN CONTENT, GOFISHN SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE GOFISHN SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
(e) Accuracy. GOFISHN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GOFISHN SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
(f) Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE GOFISHN SITE (INCLUDING RSS FEEDS AND THE GOFISHN WIDGET) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
(a) Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GOFISHN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE GOFISHN MATERIALS AND USER CONTENT ON THE GOFISHN SITE OR ANY REFERENCE SITES, THE GOFISHN SITE ITSELF, OR ANY OTHER INTERACTIONS WITH GOFISHN, EVEN IF GOFISHN OR A GOFISHN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Limitation of Damages. IN NO EVENT SHALL GOFISHN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE GOFISHN SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.
(c) Third Party Products and Services. SOME USERS MAY USE THE GOFISHN SITE TO MARKET PRODUCTS AND/OR SERVICES. THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN GOFISHN AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE GOFISHN SITE OR THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION ANY REFERENCE SITES.
(a) Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
(b) Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT GOFISHN HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GOFISHN, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GOFISHN. YOU ACKNOWLEDGE AND AGREE THAT GOFISHN WOULD NOT BE ABLE TO PROVIDE THE GOFISHN SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
If you are a copyright owner or an agent thereof, and believe that any User Content or other Non-GoFISHn Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail).
(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 on the GoFISHn Site are covered by a single notification, a representative list of such works from the GoFISHn 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 GoFISHn to locate the material; (iv) Information reasonably sufficient to permit GoFISHn 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; and (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. GoFISHn’s designated Copyright Agent to receive notifications of claimed infringement is: Edward Desmond, email: copyright@gosportn.com
(a) Notice. GoFISHn may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the GoFISHn Site. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after email is sent, unless GoFISHn is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide GoFISHn with notices by email to the address indicated in subsection l below.
(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the GoFISHn Site shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
(d) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of GoFISHn to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
(e) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(f) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GoFISHn without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
(g) Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GoFISHn as a result of these Terms or use of the GoFISHn Site. You further acknowledge that by submitting User Content or other Non-GoFISHn Content, no confidential, fiduciary, contractually implied or other relationship is created between you and GoFISHn other than pursuant to these Terms.
(h) Survival. Sections 5, 6, 13, 18, 19(c), 20, 21, 22, 23, 24 and 25 will survive any termination of these Terms or your account whether by you or GoFISHn.
(i) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
(j) Entire Agreement. This is the entire agreement between you and GoFISHn relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by GoFISHn as set forth in Section 3 above.
(k) Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE GOFISHN SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(l) Disclosures. The services hereunder are offered by Go Outdoor Sportn, Inc., email: info@GoFISHn.com, telephone: 650-395-7512.
Last Updated: February 5, 2010
