Agreement between User and www.44fish.com
Welcome to www.44fish.com. The www.44fish.com website (the “Site”) is comprised of various web pages operated by Forty-Four Fish, LLC (“44 Fish”). www.44fish.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.44fish.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.44fish.com is an E-Commerce Site.
The purpose of our website is to sell our products and build our brand.
Visiting www.44fish.com or sending emails to 44 Fish constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children’s Use of Website
44 Fish does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use 44 Fish only with the involvement of a parent or guardian. In cases where you have authorized a minor to use the Website, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Website; and (iii) the consequences of any misuse by the minor. You acknowledge that 44 Fish has no obligation to monitor the content accessible on or through the Website.
If you are unsatisfied with our product, you can return your order for a refund within 60 days of your purchase. All returns must be unused, unworn and in good condition.
Links to Third Party Sites/Third Party Services
www.44fish.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of 44 Fish and 44 Fish is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 44 Fish is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 44 Fish of the site or any association with its operators.
Certain services made available via www.44fish.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.44fish.com domain, you hereby acknowledge and consent that 44 Fish may share such information and data with any third party with whom 44 Fish has a contractual relationship to provide the requested product, service or functionality on behalf of www.44fish.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of 44 Fish or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. 44 Fish content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of 44 Fish and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of 44 Fish or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by 44 Fish from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the 44 Fish Content accessed through www.44fish.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless 44 Fish, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 44 Fish reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 44 Fish in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FORTY-FOUR FISH, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FORTY-FOUR FISH, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FORTY-FOUR FISH, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
44 Fish reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 44 Fish as a result of this agreement or use of the Site. 44 Fish’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 44 Fish’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by 44 Fish with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 44 Fish with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 44 Fish with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
44 Fish reserves the right, in its sole discretion, to change the Terms under which www.44fish.com is offered. The most current version of the Terms will supersede all previous versions. 44 Fish encourages you to periodically review the Terms to stay informed of our updates.
Social Media Agreement
When you submit content (including but not limited to, photos, texts, artwork, and music) (“content”) to the 44 Fish website (www.44fish.com) or any 44 Fish maintained social media site )(a “site”) or use the hashtag #44fish or #CatchFlorida you agree to be bound by these terms.
- You represent and warrant that (a) you are at least 18 years old; (b) you own and control all right, title and interest in and to the Content or you otherwise have all rights, permissions and consents necessary to post and use such Content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); and (c) 44 Fish’s use of the Content will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals. The Content also includes any profile information you allow 44 Fish to access from third party social media platforms (such as—but not limited to—Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
- You hereby grant to 44 Fish a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on 44 Fish’s website and social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of 44 Fish (including websites, apps and e-mail), for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing, this license includes, and you expressly consent to, 44 Fish’s right to use and publicly display your name, image, likeness and persona. Nothing in this license requires 44 Fish to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
- You agree that any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with 44 Fish or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at 44 Fish’s request.
- You agree to sign and deliver documents and take any other actions reasonably requested by 44 Fish to effectuate, perfect or evidence the license and rights granted in these Terms.
- You agree that you will not submit Content that (a) infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of another person or entity; (b) includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (c) displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the a product being used in a manner that is contrary to any instruction or warnings relating to the product; (d) makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.
- To the fullest extent allowed by law, you hereby release 44 Fish and its employees, contractors, sponsors or any other person acting under 44 Fish’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of 44 Fish’s actual or alleged exploitation or use of any Content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- These Terms will be governed by applicable federal law and the laws of the State of Florida, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of 44 Fish’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).
44 Fish welcomes your questions or comments regarding the Terms:
Forty-Four Fish, LLC
PO Box 794
Tarpon Springs, Florida 34688