Your use of Fishflix.com’s Web site (the ’Site’) is subject to the binding legal terms set forth below (’Terms’). We may update these Terms from time to time without giving you any notice. Unless we let you know by giving you a notice, any new features or updated Services that we put on the Site will be subject to these Terms.
Fishflix.com is pleased to give you access to this Site free of charge. However, in order to access the Site, you will need to establish an account with an Internet service provider. You will also need equipment to access the Site, a computer, modem or other communication device. You agree to pay for all hardware and services costs needed to access the Site and use the Services. Fishflix.com , is not responsible for any of these costs.
How You Can Use the Services
The Services are protected by U.S. and international copyright, patent, trademarks laws and other intellectual property laws.
You may use the Services on the Site and the Fishflix.com. Sites for your personal, non-commercial use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal use. You cannot distribute or transfer the copies to others in exchange for money or other consideration. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except as set forth below. This means that you may not mirror the home page or results pages of the Site or any Fishflix.com , Site on your own Web site or Web page.
No License Granted
Except for allowing you to use the Site and the Fishflix.com,. Sites for your personal use as set forth in the paragraph above, when you use the Site or the Fishflix.com . Sites, you are not receiving a license or any other rights from us, luding intellectual property or other proprietary rights of Fishflix.com, or other websites with which we are affiliated. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER Fishflix.com. PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
Conduct of Visitors
We believe that all visitors benefit from basic rules regarding conduct while using the Services so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask-and you agree-to follow the following basic rules of conduct when using the Fishflix.com. Sites:
You will follow these Terms and all applicable laws;
You will not harass, threaten or abuse other people when using the Site in any manner;
You will not interfere with others’ use of the Site, luding by interrupting other users’ sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users’ enjoyment of the Services;
You will not post any content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights;
You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
You will not impersonate any other person or misrepresent a relationship with any person or entity, luding misrepresenting a relationship with Fishflix.com, similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
You will not manipulate the Services so as to hide your identity or participation in Services on the Site (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (luding without limitation junk mail, ’spam,’ chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that specifically authorize you to do so (auction forums, for instances);
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (LUDING ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (LUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) LUDED IN OR ACCESSIBLE FROM THE SITE, AND THE Fishflix.com . SITES, ARE PROVIDED ON AN ’AS IS’ ’WHERE-IS’ AND ’WHERE AVAILABLE’ BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Fishflix.com . MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT Fishflix.com . DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ACCESS TO THE WEB SITE OR UNAVAILABLE DUE TO MAINTENANCE OR UPGRADE PROCEDURES. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, Fishflix.com . DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, LUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) LUDING WITHOUT LIMITATION, IN REFERENCE TO THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (LUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) LUDED IN OR ACCESSIBLE FROM THE SITE AND THE Fishflix.com . WEB SITES.
Fishflix.com . EXPRESSLY DISCLAIMS ANY ENDORSEMENT. RECCOMMENDATION, GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION (WHETHER EXPIRES, IMPLIED, STATUTORY OR OTHERWISE) IN RESPECT OF, OR RESPONSIBILITY FOR ANY ACTION OR INACTION OF ANY PARTY LUDING WITHOUT LIMITATION PARTNERS OR SERVICES SUPPLIED BY SUCH PARTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Fishflix.com ., ITS PARENT OR SUBSIDIARIES, ANY OF THE COMPANIES IT IS AFFILIATED WITH, OR ANY OF ITS CONTENT PROVIDERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY LOSS OR DAMAGES WHATSOEVER, LUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR IDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, ANY Fishflix.com . SITE, THE SERVICES OR THE INDEX, ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS, TYPOGRAPHICAL ERRORS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR IDENTIAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY.
In no event shall Fishflix.com’s liability, either jointly or severally, exceed $50.
Use of Our Logo and Static Screen Shots for Noncommercial Purposes
You may use our screen shots and logo for noncommercial purposes. You may ask about using static screen shots of our Site for commercial purposes by contacting us, Using contact us form.
This contract shall be governed by and construed in accordance with the laws of the State of Oklahoma without regard to conflict of laws priples. These Terms as amended from time to time, set forth the entire understanding between you and Fishflix.com . and supersede any and all prior or contemporaneous agreements or understandings between you and Fishflix.com ., whether oral or written, as to the subject matter of these Terms. If any provision of these Terms or the application thereof to any person or circumstances shall to any extent be held to be invalid or unenforceable, the remainder of these Terms, or the application of such provisions to persons or circumstances as to which it is not held to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and be enforced to the fullest extent permitted by law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Tulsa County, Oklahoma, U.S.A., regarding any and all disputes relating to these Terms, your use of the Site or any Fishflix.com . Site, the Services. No waiver of these Terms will be valid, except in the event that the waiver is in writing and signed by an officer of Fishflix.com. If the performance by Fishflix.com. of the Terms or any obligation thereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of Fishflix.com, you shall excuse, without further action or notice, Fishflix.com’s performance to the extent of such prevention, restriction or interference.