FISHTANK.LIVE
Terms of Service
Last Updated: February 18, 2024
Welcome to fishtank.live, a streaming web application accessible at https://fishtank.live (the “Service”) that streams the show known as “Fishtank”, owned and operated by Fishnet, Inc. (“Fishnet”, “Company”, “we”, “us”, or “our”). Please read these Terms of Service (these “Terms” or this “Agreement”) carefully before using the Service as they govern your access to and use of the Service. We refer to anyone who uses the Service, even just to browse, as a “User”.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST FISHNET TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FISHNET ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SECTION REGARDING ARBITRATION.
The Terms constitute a legally binding contract between you and Fishnet and its subsidiaries, so please read them and our Privacy Policy, which is available at [https://www.fishtank.live/privacy], and other terms referenced herein carefully. If you have any questions about its meaning you should consult with an attorney before using our Service.
PLEASE CAREFULLY READ THE FOLLOWING TERMS. YOU WILL BE DEEMED TO HAVE CONSENTED TO THE TERMS BY USING THE SERVICE IN ANY WAY, EVEN JUST BROWSING. WE MAY ALSO ASK YOU TO INDICATE YOUR CONSENT MORE FORMALLY BY CHECKING A BOX OR BY TAKING AN AFFIRMATIVE ACTION WITHIN THE SERVICE. THE SERVICE IS OFFERED SUBJECT TO ACCEPTANCE OF ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS AND ALL OTHER OPERATING RULES, POLICIES, AND PROCEDURES WE MAY PUBLISH ON THE SERVICE, WHICH ARE INCORPORATED BY REFERENCE. THESE TERMS SHALL CONTINUE TO APPLY EVEN IF YOU ARE NO LONGER A USER. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE. ALSO, IF YOU ARE UNDER THE AGE OF 18 YOU MAY NOT USE THE SERVICE IN ANY WAY.
YOU AGREE THAT FISHNET MAY MAKE CHANGES TO THE SERVICE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SERVICE AND/OR DISCLOSE NEW TERMS ELSEWHERE ON THE SERVICE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
USERS AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT THEY ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF FISHNET, INCLUDING, WITHOUT LIMITATION, BY INAPPROPRIATELY USING ANY INTELLECTUAL PROPERTY OF FISHNET. USERS ACT EXCLUSIVELY ON THEIR OWN BEHALF AND FOR THEIR OWN BENEFIT, AND NOT ON BEHALF OF FISHNET.
THE SERVICE IS COMPRISED OF A STREAMING WEB APPLICATION. FISHNET MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SAFETY, OR MORALITY OF ANY CONTENT. FISHNET HAS NO CONTROL OVER THE CONDUCT OF USERS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. USERS ACCESS AND USE THE SERVICE AT THEIR OWN RISK.
The Service is not available to persons under the age of 18, nor to any users previously removed or banned from the Service by Fishnet or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY USING THE SERVICE, YOU EXPRESSLY REPRESENT AND WARRANT THAT: (A) YOU ARE OVER THE AGE OF 18 AND ARE LEGALLY ENTITLED TO ENTER THIS BINDING AGREEMENT; AND (B) YOU ARE NOT CURRENTLY RESTRICTED OR BANNED FROM THE SERVICE OR NOT OTHERWISE PROHIBITED FROM HAVING AN ACCOUNT (AS DEFINED BELOW) ON THE SERVICE. If you reside in a jurisdiction which restricts the use of the Service because of age or restricts the ability to enter agreements such as this one due to age, you must abide by such age limits and you must not use the Service.
You may browse the Service by signing up with your email address, display name, and a password (“Account”), but as a condition of using certain aspects of the Service, you may be required to provide additional personal information (including, but not limited to, your address, payment information, date of birth, phone number, and other information that will allow us to identify you), and agree to additional disclaimers. To register for an Account, you must be at least 18 years old. If you know a User is under the age of 18, please report them to us.
You hereby represent and affirm that all information provided is true, accurate, current, and complete. You agree to update such information, as needed and as soon as possible, to keep it accurate, complete and up-to-date. Providing false information to create an account may result in suspension and/or termination of your Account, and/or civil and/or criminal legal action against you. Fishnet reserves the right in its sole discretion to refuse registration of an Account for any reason and at any time.
You are responsible for maintaining the confidentiality of your Account password and for any activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
You acknowledge that the Service may interoperate or be integrated with third-party applications, and services (“Third-Party Applications”) to make available content, products, features, and/or services to you, and that some parts of the Service provided may be dependent on the availability of such Third-Party Applications. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Fishnet does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Applications or for any transaction you may enter into with the provider of any such Third-Party Applications.
With or Without Cause.
We reserve the right to remove and/or suspend your Account at any time without notice, with or without cause (“Removal”). We further reserve the right to modify or discontinue, either temporarily or permanently, any portions or all of the Service at any time with or without notice.
Inappropriate Use.
You must not use the Service for any unlawful purpose. Any unauthorized use of the Service is strictly prohibited. You agree, at all times and to the extent permitted by applicable law, that you will not:
Survival
Upon any removal, termination, discontinuation, suspension, or cancellation of your Account, the provisions in these Terms which, by their nature, should survive termination or expiration of this Agreement, will survive, including (without limitation) the sections entitled: Content; Intellectual Property; Warranty Disclaimers; Indemnification; Limitation of Liability; Applicable Law and Dispute Resolution; General Terms; and this section on Survival.
The Service offers two types of season passes (“Season Passes”): a season pass and a season pass XL. Season Passes, available for purchase through the Service and valid for an initial 6-month period, provide Users with access to certain features and Content (as described in detail at the time of purchase) and include enrollment into an ongoing/recurring payment plan. The features, perks, and Content associated with each Season Pass may change for each new season of the Fishtank show.
Season Passes subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. When you provide a payment method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. For purposes of this Agreement, a “day” or “date” begins at 12:00 a.m. Eastern time and ends at 11:59 p.m. Eastern time of that same calendar day.
To see your next recurring billing date, log in to your Account and view your Season Pass details. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month.
We may also offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, billing will resume automatically.
We reserve the right to change our pricing of Season Passes. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your Account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts.
By purchasing a Season Pass, you agree to pay the applicable fees and any applicable taxes. We will not be able to notify you of any changes in applicable taxes.
The Service also offers an in-site currency that can be used to take actions on the Service to enhance your viewing experience. You may purchase this in-site currency (“Tokens”) through the Service. By purchasing Tokens, you agree to pay the applicable fees and any applicable taxes.
Tokens can be used for a multitude of features on the Service, including (without limitation) to:
Fishnet may manage, regulate, control, modify or eliminate Items at any time, with or without notice. To the fullest extent under applicable law, Fishnet shall have no liability to you or any third party in the event that Fishnet exercises any such rights.
The transfer of Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Items to any person or entity or attempt any of the aforesaid, including but not limited to another User or any third party.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
ALL PURCHASES OF SEASON PASSES AND TOKENS ARE FINAL AND NON-REFUNDABLE. You acknowledge and agree that the Company has no obligation to provide refunds or credits for any reason, including, but not limited to, your dissatisfaction with the Service or any Content or features available through the Service.
Fishnet may revise the pricing for the Items offered through the Service at any time. YOU ACKNOWLEDGE THAT FISHNET IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Users may purchase via fiat currency “Big Toys”, which are unique experiences related to the Fishtank show, as more fully described for each Big Toy on the Service. Big Toys require a deposit payment of $5,000 and may be subject to certain restrictions, including but not limited to a background check of the purchaser. Once the deposit payment is processed, Fishnet will contact the Big Toy purchaser to finalize the purchase process and set up the Big Toy experience.
Removal of User Content
Although we have no obligation to review, screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, block, screen or edit User Content posted or stored on the Service at any time and for any reason, without any liability to the User. Further, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. You hereby waive any right with respect to such removal and hold us harmless as to any retention of User Content.
User Perpetual License to Us
By making any User Content available through use of the Service, you grant to us a perpetual non-exclusive, worldwide, royalty-free, fully-paid up, sublicensable, transferable license to use, copy, modify, print, post, link to, embed links within, promote, display, perform and distribute the User Content and to create derivative works therefrom. No compensation will be paid to you for any such use.
Responsibility for User Content
You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content, your use, and provision of your User Content to be made available through the Service, and any use of your User Content by us will not infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
No Pre-Screening of Content
Fishnet is not responsible for screening, policing, editing, or monitoring your or another User’s Content and encourages all of the Users to use reasonable discretion and caution in posting or reviewing any Content. Moreover, and except as provided above with respect to Fishnet’s right and ability to delete or remove Content (or any part thereof), Fishnet does not endorse or oppose any opinion or information provided by its Users and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other User. The opinions, advice, statements, offers or other information or content made available through the Service are those of their respective authors, and should not be relied upon. Such authors are solely responsible for such Content.
Compliance with Subpoenas and Legal Requests
We will comply with all county, state, and federal court subpoenas and government subpoenas related to the production of records from use of the Service, including all User Content. By utilizing the Service, you hereby give us the right to produce any and all messages or User Content of any kind produced by you to county, state, and federal courts and/or government officials in response to a subpoena or other court order.
Subject to Section 6 “Intellectual Property” and to your compliance with these Terms, Fishnet grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view and display the Fishnet Content in connection with your permitted use of the Service and solely for your personal and non-commercial purposes.
We respect the intellectual property of others, and we ask you to do the same. Fishnet owns and operates the Service. All Fishnet Content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, taglines, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology and all intellectual property of any kind whatever and the selection and arrangement thereof (collectively, “Fishnet Materials”) are owned exclusively by Fishnet or the licensors or suppliers of Fishnet and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Fishnet Materials displayed on the Service without our prior written permission in each instance. You may not use, copy, display, distribute, modify, or reproduce any of Fishnet Materials found on the Service unless in accordance with this Agreement or with our prior written authorization. Fishnet prohibits use of any of Fishnet Materials as part of a link to or from the Service unless establishment of such a link is approved in writing by us in advance. All rights related to Fishnet Materials are hereby reserved.
You have no interest in any of this intellectual property, other than the right (which we may terminate or suspend) to use the Service in accordance with these Terms. You shall not duplicate, publish, display, distribute, modify, create derivative works from, or exploit our intellectual property in any way, except as otherwise provided herein.
Except as authorized in this Agreement, you agree that Fishnet Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise, without the express prior written consent of Fishnet. You acknowledge that Fishnet Materials are and shall remain the property of Fishnet. You may not modify, participate in the sale or transfer of, or create derivative works based on any Fishnet Materials in whole or in part. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge. Fishnet has adopted a policy of, in appropriate circumstances, terminating Accounts that are repeat infringers of the intellectual property rights of others. Fishnet also may terminate Accounts even based on a single infringement.
Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Fishnet interactive live streaming player (the “Live Streaming Player”); any of the Live Streaming Player’s underlying technology; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Live Streaming Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Live Streaming Player in any manner that enables users to view Content without: (a) visibly displaying both the Live Streaming Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Live Streaming Player is located; and (b) having full access to all functionality of the Live Streaming Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
We respect the intellectual property of others, and we ask you to do the same. If you (or any User of our Service) believe your copyright rights have been infringed on our Service, the copyright(s) owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), Fishnet's Designated Agent for notice of claims of copyrights infringement can be contacted at the addresses below.
Designated Agent for Claimed Infringement:
Fishnet, Inc.
E-mail address: [email protected]
Mailing address: 999 Main Street, Suite 701, Pawtucket, RI 02860
You acknowledge, accept, and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Service without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. Please note that this procedure is exclusively for notifying Fishnet and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property rights are being infringed should be sent to [email protected]. Fishnet may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights.
By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to us, you acknowledge and agree that we shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
YOU AGREE TO USE THE SERVICE ONLY FOR LAWFUL PURPOSES AND IN ACCORDANCE WITH THESE TERMS. YOU AGREE NOT TO ENGAGE IN ANY CONDUCT THAT IS HARMFUL, HARASSING, DEFAMATORY, OBSCENE, FRAUDULENT, OR OTHERWISE UNLAWFUL, OR THAT INFRINGES UPON THE RIGHTS OF OTHERS, INCLUDING THEIR INTELLECTUAL PROPERTY RIGHTS. Additionally, you agree not to take part in sexual content, promotion of violence, hate speech, or in the infringement of copyrighted material on the Service.
You may terminate your license to use the Service and this Agreement at your discretion at any time by deleting your Account. To the fullest extent permitted by applicable law, we reserves the right, without notice and in our sole discretion, to stop providing the Service (or any features) to you or to users generally, to terminate this Agreement with you, to terminate your license to use the Service (including to post User Content), and to block or prevent your future access to and use of the Service for any reason, including without limitation if: (a) your use of the Service violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Service; or (c) we are unable to continue providing the Service to you due to technical or legitimate business reasons. Our right to terminate our services, this Agreement, and your license includes the ability to terminate or to suspend your access to any purchased products, services, or subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Service, (ii) any term of these Terms of Service, (iii) any policy or practice of Fishnet in operating the Service, or (iv) any content or information transmitted through the Service, is to terminate your account and to discontinue use of any and all parts of the Service.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Without limiting the preceding paragraph, Fishnet, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL FISHNET, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE, THESE TERMS, ANY PURCHASE ON THE SERVICE, INCLUDING THE PURCHASE OR USE OF, OR INABILITY TO USE, TOKENS IN CONNECTION WITH THE SERVICE (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (C) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (I) THE FEES PAID BY THE USER TO FISHNET DURING THE 6-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH ACTION OR CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
YOU ACKNOWLEDGE AND AGREE THAT FISHNET OFFERS THE SERVICE, FISHNET CONTENT, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FISHNET, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FISHNET. FISHNET WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FISHNET, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, AND AGENTS FROM ANY LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS' AND EXPERTS’ FEES AND COSTS, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF, OR ACCESS TO, THE SERVICE AND CONTENT, OR OTHERWISE FROM YOUR VIOLATION OF THE TERMS, OR INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. Fishnet reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you based on a third-party claim and, in such case, you agree to cooperate with Fishnet in the defense of such matter.
These Terms shall be governed by, construed and entered in accordance with the laws of the State of Rhode Island applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FISHNET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FISHTANK SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
In the event of any claim, controversy or alleged dispute between you and Fishnet, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least thirty (30) days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of the American Arbitration Association (“AAA”) to be held in the State of Rhode Island before one arbitrator to be selected by the AAA. Any such arbitration may only be commenced within one year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burdens (e.g. confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and Fishnet. TO THE FULL EXTENT ALLOWABLE BY LAW, YOU AGREE THAT NO ARBITRATION PROCEEDING OR OTHER DISPUTE RESOLUTION PROCEEDING SHALL BE JOINED WITH ANY OTHER PARTY OR DECIDED ON A CLASS-ACTION BASIS
Notwithstanding the foregoing, you agree that the following matters shall not, at the election of Fishnet, be subject to binding arbitration: (1) any Disputes concerning Fishnet' intellectual property rights; and (2) any claim for injunctive relief. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within the Providence County, Rhode Island. Each party hereby waives any claim that such venue is improper or inconvenient.
Fishnet may amend any of the terms of these Terms by posting the amended terms and updating the “Last modified” date above. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the terms.
This Agreement constitute the entire and exclusive understanding and agreement between us and you regarding use of the Service, and this Agreement supersede and replace any and all prior oral or written understandings or agreements between us and you regarding such use.
If for any reason a court of competent jurisdiction or arbitrator finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible by the court or arbitrator and the other provisions of this Agreement will remain in full force and effect.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and void. We may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via e-mail, or by posting on the Service; and (ii) when available, via in-app notifications. For notices made by e-mail and in-app notification, the date of receipt will be deemed the date on which such notice is transmitted. For notices posted on the Service, the date of posting shall be the date of transmittal. All communications and notices to be made or given pursuant to these Terms must be in the English language.
Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
Fishnet and its affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, pandemic or epidemic, blockages, embargoes, riots or other civil unrest, acts or orders of government, acts of terrorism, war, changes in blockchain technology, telecommunication breakdowns, power outages or shortages, or any other force, event or condition outside of our control.
Section titles in these Terms are for convenience only and have no legal or contractual effect.
By using the Service, you consent to receiving electronic communications (e.g., e-mail) from us or our affiliates. These communications will include notices about your Account and information concerning or related to the Service. These communications are part of your relationship with us, and you receive them as part of being an Account holder. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
If you have any questions about these Terms or the Service, please contact us at [email protected].
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