Terms and Conditions of Use
Date of Last Revision: June 1, 2008
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, BY USING THE MEDIA HOSTING OR OTHER SERVICES PROVIDED ON THIS WEB SITE, OR BY PURCHASING ANY PRODUCTS FROM FISHARC, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR ANY OF THE SERVICES PROVIDED ON THIS SITE AND DO NOT MAKE ANY PURCHASES.
A. GENERAL TERMS
2. Terms of Service
4. Electronic Communications
When you visit the Site or send emails to us, you communicate with us electronically and consent to receive communications from us electronically. We will communicate with you by email to your registered email address, by posting general notices on the Site, or by posting messages that are displayed to you when you log in to the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Copyright And Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the FishArc logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the "Materials") are the property of FishArc or its licensors or users and are protected by United States and international copyright laws.
6. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, FishArc has adopted a policy of terminating, in appropriate circumstances and at FishArc's sole discretion, Subscriptions of account holders who are deemed to be repeat infringers. FishArc may also, at its sole discretion, limit access to the Site and/or terminate the Subscription(s) of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. Copyright Complaints
FishArc respects the intellectual property rights of others. If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
FishArc, the FishArc logo, and any other product or service names, logos or slogans of FishArc contained in the Site are trademarks of FishArc and may not be copied, imitated or used, in whole or in part, without the prior written permission of FishArc. You may not use any metatags or any other "hidden text" utilizing "FishArc" or any other name, trademark or product or service name of FishArc without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FishArc and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray FishArc or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. This limited right may be revoked at any time. You may not use a FishArc logo or other proprietary graphic of FishArc to link to the Site without the express written permission of FishArc. Further, you may not use, frame or utilize framing techniques to enclose any FishArc trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without FishArc's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of FishArc or any third party.
10. Third Party Sites And Content
FishArc may host or provide links to Web pages, Web Sites and other content of third parties ("Third Party Sites and Content"). The inclusion of any link or the hosting of any content is provided solely as a convenience to its users and does not imply affiliation, endorsement, approval, control or adoption by FishArc of any Web site or any information or content contained therein. FishArc makes no claim or representation regarding, and accepts no responsibility for such Third party Sites and Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use these links and Third Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Web site to which you navigate from the Site.
11. Advertisements And Promotions
FishArc may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than FishArc, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. FishArc is not 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 Site.
12. Interactive Services or Areas
The Site includes (or may in the future include) content hosting and storage services, discussion forums or other interactive areas or services, including galleries, forums, chat rooms, message boards, or other areas or services in which you or third parties create, post or store content, messages, materials or other items on the Site (collectively, "Interactive Areas"). You are solely responsible for your use of and access to the Interactive Areas and use them at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any photograph, video, message, data, information, text, music, sound, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation photographs or other Content containing nudity that would be unacceptable in a public museum where minors visit;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other right of any party. By posting any Content, you represent and warrant that you have the lawful right to use, display, distribute, and reproduce such Content;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- Content that, in the sole judgment of FishArc, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose FishArc or its users to any harm or liability of any nature.
You retain all copyright in any Content you post in any Interactive Areas. However, by posting any Content or otherwise participating in any Interactive Area, you grant FishArc a perpetual, nonexclusive, royalty-free right to use, publish, distribute, reproduce, perform, adapt and display the Content on the Site, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely.
14. Your Account.
Certain activities on the Site, such as subscribing to the Hosting Services, signing up for a free membership, or purchasing Products require you to register and create an account. Only one individual may access the Service at the same time using the same username and password. In order to create an account, you must be 18 years of age or older. If children between the ages of 13 and 18 wish to use the Site, they must be registered by their parent or guardian. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form is complete and accurate. FishArc reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. When registering, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"). Without limiting the foregoing, you must provide an accurate email address, and you must keep your registered email addresses and other account information current, as FishArc may send important notices about your account or the Services to that email account. You agree to maintain and promptly update the Registration Data, and any other information you provide to FishArc, to keep it accurate, current and complete.
15. Account Security
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any Content you designate as Private. We cannot, however, guarantee absolute security of your account, your Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify FishArc of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to FishArc.
16. DISCLAIMER OF WARRANTIES
THE SITE, THE MATERIALS, THE PRODUCTS AND THE SERVICES (INCLUDING WITHOUT LIMITATION THE HOSTING SERVICES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FISHARC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES (INCLUDING THE HOSTING SERVICES) AND THE INFORMATION, CONTENT, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THE SITE.
FISHARC DOES NOT REPRESENT OR WARRANT THAT INFORMATION, CONTENT OR MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM FISHARC OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FISHARC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. FISHARC ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF ANY CONTENT YOU POST ON THE SITE.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL FISHARC OR ITS AFFILIATES OR SUBSIDIARIES, NOR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA (INCLUDING BUT NOT LIMITED TO THE LOSS OR COPYING OF PHOTOS, IMAGES OR OTHER CONTENT HOSTED ON THE SITE), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM FISHARC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FISHARC'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FISHARC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FISHARC FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
19. Applicable Law
B. ADDITIONAL TERMS APPLICABLE TO HOSTING SERVICES ("TERMS OF SERVICE")