Terms & Conditions of Use
1. Binding Agreement.
By using this website and all webpages associated with the domain www.FishyPic.com, (the “Site”), you (“you” or the “User”) are entering into a binding legal agreement with FishyPic, LLC (“FishyPic”) according to the following terms and conditions (the “Agreement”). By using or accessing this Site, you are representing that you are at least 18 years old, that you have read and understood the terms and conditions set forth below, and that you are expressly consenting to be bound by this Agreement. If you do not agree to these terms and conditions set forth below, you do not have authority to use this Site.
2. Modified Terms.
3. Purpose of Site
The Site is designed to be a tool by which Users may upload original content for the purpose of sharing such original content with other uses and engaging in social networking. The use of this Site for any commercial purposes or solicitation is expressly prohibited, and FishyPic is not to be viewed, considered, or construed as a party to any alleged transaction between any Users of this Site. FishyPic cannot and does not guarantee the truth or accuracy of any information uploaded or submitted by Users of this Site.
4. User Content
Users of the Site are allowed to upload original content to the Site for the purposes of sharing such content with other Users and soliciting comment and discourse from other Users. All content uploaded onto the Site by Users is the sole property and responsibility of the User. FishyPic does not claim ownership to the intellectual property rights of any content submitted by any user. By uploading content to the Site, Users are expressly granting FishyPic a free, non-exclusive, and unlimited license to display, distribute, reproduce, or modify such content for the purpose of operating the Site according to the Site’s purpose. How FishyPic uses its license to such content shall be within the sole discretion of FishyPic. Nothing in this Section shall be construed to restrict any other rights of FishyPic with respect to content on the Site.
5. Responsibility for Content
FishyPic encourages you to be diligent and responsible before submitting any content to the Site, and to ensure that such content does not violate any law or infringe upon the rights of any other person or entity. This includes any intellectual property rights of such third party, which shall include patents, patent rights, copyrights, trademarks, trade dress, protected logos, service marks, publicity rights, and any other rights which may exist or may be claimed by such third party relating to the content at issue. By uploading any content onto the Site, you as User represent and warrant that such content does not violate any law nor infringe upon any rights of a third party. FishyPic is not responsible for content posted to the Site by Users. All content posted by User is the sole responsibility of such User.
Users are prohibited from setting up User Accounts with names or information which is explicit, offensive, threatening, obscene, or harassing to other Users or groups of people. FishyPic reserves the right to prohibit the use of any User name for any reason in our sole discretion.
Accounts may be terminated by Users at any time by sending an email or writing to FishyPic’s Customer Service. Accounts may be terminated by FishyPic at any time and for any reason. Upon deactivation of a User Account, FishyPic reserves the right to retain any content submitted and to archive such content for use by other Users whom may wish to continue sharing and or commenting on such content. Any content submitted by Users may be shared by other Users in accordance with any settings applicable to your Account. The provisions contained within these Terms and Conditions shall also expressly survive the termination of a User Account.
7. Site Usage Restrictions
The following activities are expressly prohibited: I) Using the Site for the purpose of gathering data, data mining, or extracting data not related to the creative sharing of User content or social networking, II) reverse engineering any component of the Site to create derivative or similar works, III) using the for solicitation or commercial transactions, IV) using the Site to post or transmit offensive or explicit content, and VI) using the Site or any information contained therein in a way which would violate copyright, trademark, patent, or other intellectual property laws.
Please note that while we strive to make this Site accessible every hour of every day, there may be times when the Site is unavailable. You understand and acknowledge that due to circumstances both within and outside of FishyPic’s control, service to this Site may be interrupted, suspended or terminated for any reason, including routine maintenance.
USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. NEITHER FISHYPIC, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THIS SITE, OR (III) THE SECURITY OF ANY TRANSMISSION OF DATA SUBMITTED BY OR THROUGH THIS SITE.
THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FISHYPIC HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. FISHYPIC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CONTENT SUBMITTED BY USERS OR THIRD PARTIES ON THIS SITE.
9. Limitation of Liability.
TO THE MAXIMIUM EXTENT ALLOWED BY LAW, USER AGREES THAT USER IS SOLELY AND FULLY RESPONSIBLE FOR ALL USE OF THE SITE AND ALL CONTENT UPLOADED BY USER. USER USES THE SITE AT USER’S OWN RISK. IN NO EVENT SHALL FISHYPIC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, THIS AGREEMENT, ANY CONTENT UPLOADED, ANY INTERACTIONS OR DISPUTES BETWEEN USERS OF THE SITE OR BETWEEN USERS AND THIRD PARTIES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF FISHYPIC, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION OF LIABILITY IS ESSENTIAL TO THESE TERMS AND CONDITIONS AND ESSENTIAL TO FISHYPIC ALLOWING USER TO USE THE SITE, AND SHALL APPLY TO THE MAXIMIUM EXTENT ALLOWED BY THE LAW IN YOUR JURISDICTION.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FISHYPIC, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITY, AND/OR EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS OF LITIGATION, ARISING OUT OF OR RELATING TO THE SITE, THIS AGREEMENT, OR ANY DISPUTES BETWEEN USERS OR USERS AND THIRD PARTIES OVER CONTENT RELATED TO THIS SITE. USER IS SOLELY RESPONSIBLE FOR ALL INTERACTIONS WITH OTHER USERS OF THIS SITE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, USER HEREBY RELEASES FISHYPIC FROM ANY AND ALL LOSSES, CLAIMS, OR LIABILITIES RELATED TO USER’S USE OF THE SITE OR USER’S INTERACTION WITH OTHER USERS ON THIS SITE.
IN THE EVENT OF A DISPUTE BETWEEN USERS OF THIS SITE OR ANY THIRD PARTY WHICH WAS ACCESSED BY USER’S USER OF THIS SITE, USER AGREES TO RELEASE AND FOREVER DISCHARGE FISHYPIC, AND ALL ITS OFFICERS, DIRECTORS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION WHICH ARISE FROM OR RELATE TO USER’S USE OF THE SITE.
11. FishyPic Content & Property Rights
This Site is the property of FishyPic, LLC. All content which is not original content submitted by users is proprietary to FishyPic and subject to United States copyright and trademark laws. Any unauthorized use, duplication, or copying of this material is expressly prohibited. Further, all logos, designs, copyrights, and trademarks with respect to FishyPic or the Site are protected and may not be used without the express written consent of FishyPic. Users are granted a limited license to use the Site and the property of FishyPic associated with the Site to engage in the sharing of original content and social networking activities as allowed by these Terms and Conditions. This license may be terminated by FishyPic at any time with respect to any User and at the sole discretion of FishyPic. FishyPic reserves all other rights not expressly granted to its Users herein.
12. Feedback & User Suggestions
FishyPic is committed to providing our Users with the best platform possible for sharing original content. As such, we are open to receiving feedback and suggestions regarding the Site and its operation. However, FishyPic shall at all times have the sole discretion regarding whether any suggestions are implemented or utilized on the Site and the receipt of feedback does not create any responsibility on behalf of FishyPic to investigate or consider such feedback. The submission of feedback by a User to FishyPic does not grant that User any rights or interest in FishyPic or the Site, regardless of whether such feedback was incorporated or utilized to make changes and improvements to the Site. All submissions of feedback by Users are made freely and without any expectation or right to compensation of any kind.
13. Third-Party Content.
Any links to third-party websites found on the Site are maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by FishyPic of the content on such third-party sites. FishyPic hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at its own risk.
In the event of any claim, dispute or controversy User may have against FishyPic that arises out of, relates to, or is connected in any way to this Agreement or the Site, it is hereby agreed that the dispute shall be referred to binding arbitration in Palm Beach County, Florida, in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. All disputes arising from this Agreement shall be governed by the law of Florida.
Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to recover all its litigation costs, including a reasonable attorney's fee, for having to compel arbitration or defend or enforce the award. BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND AGREEING TO SUBMIT TO BINDING ARBITRATION. FURTHER, ALL CLAIMS MUST BE BROUGHT BY THE USER IN THE USER’S INDIVIDUAL CAPACITY, AND NOT AS A MEMBER OF A CLASS. BY ENERING INTO THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
15. Other FishyPic Policies
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. This Agreement may not be assigned by any User and any attempt to transfer the terms, obligations, licenses, or conditions of this agreement to any other party shall be null and viod. FishyPic reserves the exclusive right to transfer or assign its interest in this Agreement to any party within its sole discretion. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.