- ACCEPTANCE OF TERMS
Gofishcommercial, LLC (“Gofish”) welcomes you. Gofish provides its service to you
subject to the following Terms of Service (“TOS”), which may be updated by us from
time to time without notice to you. Additionally, when using particular Gofish owned
or operated services, you and Gofish shall be subject to any posted guidelines or
rules applicable to such services, which may be posted from time to time. All such
guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated
by reference into the TOS. Gofish may also offer other services that are governed
by different Terms of Service.
- DESCRIPTON OF SERVICE
Gofish provides users with access to a collection of resources, including various
search services, personalized content and branded programming through its network
of properties which may be accessed through any various medium or device now known
or hereafter developed (the “Service”). You understand and agree that the Service
may include advertisements and that these advertisements are necessary for Gofish
to provide the Service. You also understand and agree that the Service may include
certain communications from Gofish, such as service announcements, administrative
messages and the Gofish Newsletter, and that these communications are considered
part of Gofish membership and you will not be able to opt out of receiving them.
Unless explicitly state otherwise, any new features that augment or enhance the
current Service, including the release of new Gofish properties, shall be subject
to the TOS. You understand and agree that the Service is provided “AS-IS” and that
Gofish assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings. You are responsible
for obtaining access to the Service, and that access may involve third-party fees
(such as Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment necessary to
access the Service.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You also agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by any of the Service’s registration form (the “Registration Data”)
and (b) maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Gofish has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Gofish has the right
to suspend or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
- GOFISH PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy
Policy.
- MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages, tags, or other materials (“Content”), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
whom such Content originated. This means that you, and not Gofish, are entirely
responsible for all Content that you upload, post, email, transmit or otherwise
make available via the Service. Gofish does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will Gofish be liable in any way for any Content,
including, but not limited to, any errors omissions in any Content, or any loss
or damage of any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service. You agree to not use the
Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise
objectionable;
- impersonate any person or entity, including, but not limited
to, a Gofish official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content transmitted
through the Service;
- upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
- upload, post, email, transmit or otherwise
make available any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights (“Rights”) of any party;
- interfere with or disrupt
the Service or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
- intentionally
or unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law;
- provide material
support or resources (or to conceal or disguise the nature, location, source, or
ownership of material support or resources) to any organization(s) designated by
the United States government as a foreign terrorist organization pursuant to section
219 of the Immigration and Nationality Act;
You acknowledge that Gofish may or may not pre-screen Content, but that Gofish and
its designees shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse, or remove any Content that is available via the Service.
Without limiting the foregoing, Gofish and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by
Gofish or submitted to Gofish.
- INTERSTATE NATURE OF COMMUNICATIONS ON GOFISH NETWORK
When you use Gofish, you acknowledge that in using Gofish services to send electronic
communications (including but not limited to email, search queries, sending messages
and files and other internet activities), you will be causing communications to
be sent through Gofish’s computer networks, portions of which may be located in
other locations in the United States and portions of which may be located abroad.
As a result, and also as a result of Gofish’s network architecture and business
practices and the nature of electronic communications, even communications that
seem to be intrastate in nature can result in the transmission of interstate communications
regardless of where you are physically located at the time of transmission. Accordingly,
by agreeing to this Terms of Service, you acknowledge that use of the service results
in interstate data transmissions.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Gofish does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available for
inclusion on publicly accessible areas of the Service, you grant Gofish the following
worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible
areas of Gofish Groups, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service solely for the
purposes of providing Gofish Content. This license exists only for as long as you
elect to continue to include such Content on the Service and will terminate at the
time you remove or Gofish removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you remove or Gofish
removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or
make available for inclusion on the publicly accessible areas of the Service other
than Gofish, the perpetual, irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
- INDEMNITY
You agree to indemnify and hold Gofish and its subsidiaries, affiliates, officers,
agents, employees, partners and licensors harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising out of Content
you submit, post, transmit or otherwise make available through the Service, your
use of the Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Gofish may establish general practices and limits concerning
use of the Service. You further acknowledge that Gofish reserves the right to modify
these general practices and limits from time to time.
- MODIFICATIONS TO SERVICE
Gofish reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that Gofish shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
- You agree that Gofish may, under certain circumstances and without prior notice,
immediately terminate your Gofish account, any associated email address, and access
to the Service. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected technical or security issues
or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent
or illegal activities, and/or (h) nonpayment of any fees owed by you in connection
with the Services. Termination of your Gofish account includes barring of further
use of the Service. Further, you agree that all terminations for cause shall be
made in Gofish’s sole discretion and that Gofish shall not be liable to you or any
third party for any termination of your account, any associated email address, or
access to the Service.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that Gofish shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
- LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Gofish has no control over such sites and resources,
you acknowledge and agree that Gofish is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products or other materials on or available
from such sites or resources. You further acknowledge and agree that Gofish shall
not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
- GOFISH’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service (“Software”) contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented
to you through the Service or by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
permitted by applicable law or authorized by Gofish or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS. GOFISH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- GOFISH
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM GOFISH OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY
EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS
ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTONS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES
OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT
YOUR PHYSICAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE
AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONSULSIONS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOFISH AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LILMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF GOFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERD INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third-party beneficiaries to this agreement.
- NOTICE
Gofish may provide you with notices, including those regarding changes to the TOS,
including by but not limited to email, regular mail, SMS, MMS, text message, postings
on the Service, or other reasonable means now known or hereinafter developed.
- TRADEMARK INFORMATION
The Gofish logo, trademarks and service marks and other Gofish logos and product
and service names are trademarks of Gofish (the “Gofish Marks”). Without Gofish’s
prior permission, you agree not to display or use in any manner the Gofish Marks.
- GENERAL INFORMATON
- Entire Agreement. The TOS constitutes the entire agreement between you
and Gofish and governs your use of the Service, superseding any prior agreements
between you and Gofish with respect to the Service. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other Gofish
services, affiliate services, third-party content or third-party software.
-
Choice of Law and Forum. The TOS and the relationship between you and Gofish
shall be governed by the laws of the State of Minnesota without regard to its conflict
of law provisions. You and Gofish agree to submit to the personal and exclusive
jurisdiction of the Minnesota state courts located within Hennepin County, Minnesota.
-
Waiver and Severability of Terms. The failure of Gofish to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
- No
Right of Survivorship and Non-Transferability. You agree that your Gofish account
is non-transferable and any rights to your Gofish ID or contents within your account
terminate upon your death. Upon receipt of a copy of a death certificate, your account
may be terminated and all contents therein permanently deleted.
- Statute
of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
- The section titles in the TOS are for convenience only
and have no legal or contractual effect.