Your username will be your display name on MEETfish.
All users must be 14 years or older.
These Terms and Conditions of Use apply to you when you view, access
or otherwise use the Web site located at
www.MEETfish.com (the "Site"). The Site is
owned by EvangeNet, Inc. ("we" or "MEETfish" or "Meetfish.com"). We
grant you a nonexclusive, nontransferable, limited right to access, use
and display the Site and the materials provided hereon, provided that
you comply fully with these Terms and Conditions of Use.
MEETfish.com is a social networking
service that allows Members to create unique personal profiles online in
order to find and communicate with old and new friends. The MEETfish
Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the MEETfish Services ("MEETfish Services"
are, collectively, all features, content or applications that are
offered by EvangeNet, Inc. in connection with the Site). By using the
MEETfish Services, you agree to be bound by this Agreement, whether you
are a "Visitor" (which means that you simply browse the MEETfish
Website) or you are a "Member" (which means that you have registered
with MEETfish.com). The term "User" refers to a Visitor or a Member. You
are only authorized to use the MEETFish Services (regardless of whether
your access or use is intended) if you agree to abide by all applicable
laws and to this Agreement. Please read this Agreement carefully and
save it. If you do not agree with it, you should leave the MEETfish
Website and discontinue use of the MEETfish Services immediately. If you
wish to become a Member, communicate with other Members and make use of
the MEETfish Services, you must read this Agreement and indicate your
acceptance during the Registration process.
This Agreement includes MEETfish.com's policy for acceptable use of
the MEETfish Services and Content posted on the MEETfish Website, your
rights, obligations and restrictions regarding your use of the MEETfish
Services and MEETfish.com's Privacy Policy. In order to participate in
certain MEETfish Services, you may be notified that you are required to
download software or content and/or agree to additional terms and
conditions. Unless otherwise provided by the additional terms and
conditions applicable to the MEETfish Services in which you choose to
participate, those additional terms are hereby incorporated into this
Agreement. You may receive a copy of this Agreement by emailing us at:
privacy@MEETfish.com, Subject:
Terms of Use Agreement.
MEETfish.com may modify this Agreement
from time to time and such modification shall be effective upon posting
by MEETfish.com on the MEETfish Site. You
agree to be bound to any changes to this Agreement when you use the
MEETfish Services after any such modification is posted to the Site. It
is therefore important that you review this Agreement regularly to
ensure you are updated as to any changes.
Please choose carefully the information you post on
MEETfish.com and that you provide to other
Users. Your MEETfish.com profile may not
include the following items: telephone numbers, street addresses, last
names, and any photographs containing nudity, or obscene, lewd, violent,
harassing, sexually explicit or otherwise objectionable subject matter.
Despite this prohibition, information provided by other
MEETfish.com Members (for instance, in their
Profile) may contain inaccurate, inappropriate, offensive or sexually
explicit material, products or services, and
MEETfish.com assumes no responsibility or
liability for this material. A more detailed list of prohibited Content
is contained in Section 7(3), below. If you become aware of misuse of
the MEETfish Services by any person, please contact MEETfish or click on
the "Report Inappropriate Content" link at the bottom of any
MEETfish.com page.
MEETfish.com reserves the right, in its
sole discretion, to reject, refuse to post or remove any posting
(including private messages) by you, or to restrict, suspend, or
terminate your access to all or any part of the MEETfish Services at any
time, for any or no reason, with or without prior notice, and without
liability.
- Eligibility. Use of and Membership in the
MEETfish Services is void where prohibited. By using the MEETfish
Services, you represent and warrant that (a) all registration
information you submit is truthful and accurate; and (b) you will
maintain the accuracy of such information. You must be 14 years of age
or older to register as a Member. If you are under the age of 14, you
are not allowed to register and become a Member of or access the Web
Site. By registering as a Member, you represent and warrant that you are
14 years of age or older. Furthermore, you represent and warrant that
your use of the MEETfish Services does not violate any applicable law or
regulation. Your profile may be deleted and your Membership may be
terminated without warning, if we believe that you are under 14 years of
age.
- Term. This Agreement shall remain in full force
and effect while you use the MEETfish Services or are a Member. MEETfish
reserves the right, in its sole discretion, to terminate your membership
effective immediately for any reason, with or without notice. You may
also terminate your membership at any time for any reason by giving
MEETfish written notice of such intent. You may terminate your
Membership at any time, for any reason, by contacting us at
privacy@MEETfish.com. Even
after Membership is terminated, this Agreement will remain in effect,
including sections 5-7.
- Fees. You acknowledge that
MEETfish.com reserves the right to charge for
the MEETfish Services and to change its fees from time to time in its
discretion. If MEETfish.com terminates your
Membership because you have breached the Agreement, you shall not be
entitled to the refund of any unused portion of subscription fees.
- Password. When you sign up to become a Member,
you will also be asked to choose a password. You are entirely
responsible for maintaining the confidentiality of your password. You
agree not to use the account, username, or password of another Member at
any time or to disclose your password to any third party. You agree to
notify MEETfish.com immediately if you
suspect any unauthorized use of your account or access to your password.
You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. The MEETfish
Services are for the personal use of Members only and may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by MEETfish.com. Illegal and/or
unauthorized use of the MEETfish Services, including collecting
usernames and/or email addresses of Members by electronic or other means
for the purpose of sending unsolicited email or unauthorized framing of
or linking to the MEETfish Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may be
removed from Member profiles without notice and may result in
termination of Membership privileges. Appropriate legal action will be
taken for any illegal or unauthorized use of the MEETfish Services.
- Proprietary Rights in Content on MEETfish.com.
- MEETfish.com does not claim any
ownership rights in the text, files, images, photos, video, sounds,
musical works, works of authorship, or any other materials
(collectively, "Content") that you post to the MEETfish Services. After
posting your Content to the MEETfish Services, you continue to retain
all ownership rights in such Content, and you continue to have the right
to use your Content in any way you choose. By displaying or publishing
("posting") any Content on or through the MEETfish Services, you hereby
grant to MEETfish.com a limited license to
use, modify, publicly perform, publicly display, reproduce, and
distribute such Content solely on and through the MEETfish Services.
Without this license, MEETfish.com would be
unable to provide the MEETfish Services. For example, without the right
to modify Member Content, MEETfish.com would
not be able to digitally compress music files that Members submit or
otherwise format Content to satisfy technical requirements, and without
the right to publicly perform Member Content,
MEETfish.com could not allow Users to listen
to music posted by Members. The license you grant to
MEETfish.com is non-exclusive (meaning you
are free to license your Content to anyone else in addition to
MEETfish.com), fully-paid and royalty-free (meaning that
MEETfish.com is not required to pay you for
the use on the MEETfish Services of the Content that you post),
sublicensable (so that MEETfish.com is able
to use its affiliates and subcontractors such as Internet content
delivery networks to provide the MEETfish Services), and worldwide
(because the Internet and the MEETfish Services are global in reach).
This license will terminate at the time you remove your Content from the
MEETfish Services. The license does not grant
MEETfish.com the right to sell your Content,
nor does the license grant MEETfish.com the
right to distribute your Content outside of the MEETfish Services.
- You represent and warrant that: (i) you own the Content posted
by you on or through the MEETfish Services or otherwise have the right
to grant the license set forth in this section, and (ii) the posting of
your Content on or through the MEETfish Services does not violate the
privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person. You agree to pay for all royalties, fees,
and any other monies owing any person by reason of any Content posted by
you to or through the MEETfish Services.
- The MEETfish Services contain Content of
MEETfish.com("MEETfish.com Content").
MEETfish.com Content is or may be protected
by copyright, trademark, patent, trade secret and other laws, and
MEETfish.com owns and retains all rights in
the MEETfish.com Content and the MEETfish
Services. MEETfish.com hereby grants you a
limited, revocable, nonsublicensable license to reproduce and display
the MEETfish.com Content (excluding any
software code) solely for your personal use in connection with viewing
the MEETfish Website and using the MEETfish Services.
- The MEETfish Services contain Content of Users and other
MEETfish.com licensors. Except for Content
posted by you, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, or sell any Content appearing on
or through the MEETfish Services.
- Content Posted.
- MEETfish.com may delete any Content
that in the sole judgment of MEETfish.comviolates this Agreement or which may be offensive, illegal or violate
the rights, harm, or threaten the safety of any person.
MEETfish.com assumes no responsibility for
monitoring the MEETfish Services for inappropriate Content or conduct.
If at any time MEETfish.com chooses, in its
sole discretion, to monitor the MEETfish Services,
MEETfish.com nonetheless assumes no
responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the User
submitting any such Content.
- You are solely responsible for the Content that you post on or
through any of the MEETfish Services, any material or information that
you transmit to other Members, and for your interactions with other
Users. MEETfish.com does not endorse and has
no control over the Content. Content is not necessarily reviewed by
MEETfish.com prior to posting and does not
necessarily reflect the opinions or policies of MEETfish.com.
MEETfish.com makes no warranties, express or
implied, as to the Content or to the accuracy and reliability of the
Content or any material or information that you transmit to other
Users.
- Content/Activity Prohibited. The following is
a partial list of the kind of Content that is illegal or prohibited to
post on or through the MEETfish Services.
MEETfish.com reserves the right to
investigate and take appropriate legal action against anyone who, in
MEETfish.com's sole discretion, violates this provision, including
without limitation, removing the offending communication from the
MEETfish Services and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to, Content that, in the
sole discretion of MEETfish.com:
- is patently offensive and promotes racism, bigotry, hatred
or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner; contains
nudity, violence, sexually suggestive or offensive subject matter or
contains a link to an adult website;
- solicits personal information from anyone under the age of
18;
- provides any telephone numbers, street addresses, last
names, URLs or email addresses;
- promotes information that you know or should know is false
or misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
- involves the transmission of "junk mail," "chain letters,"
or unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
- contains restricted or password only access pages or
hidden pages or images (those not linked to or from another accessible
page);
- furthers or promotes any criminal activity or enterprise
or provides instructional information about illegal activities
including, but not limited to, making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for
commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our
prior written consent such as contests, sweepstakes, barter,
advertising, or pyramid schemes;
- includes a photograph of another person that you have
posted without that person's consent;
- criminal or tortious activity, including child
pornography, fraud, trafficking in obscene material, drug dealing,
gambling, harassment, stalking, spamming, spimming, sending of viruses
or other harmful files, copyright infringement, patent infringement, or
theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or
sell any products or services through the MEETfish Services (In order to
protect our Members from such advertising or solicitation,
MEETfish.com reserves the right to restrict
the number of emails which a Member may send to other Members in any
24-hour period to a number which MEETfish.comdeems appropriate in its sole discretion. If you breach this Agreement
and send unsolicited bulk email, instant messages or other unsolicited
communications of any kind through the MEETfish Services, you
acknowledge that you will have caused substantial harm to MEETfish.com,
but that the amount of such harm would be extremely difficult to
ascertain. As a reasonable estimation of such harm, you agree to pay
MEETfish.com $50 for each such unsolicited
email or other unsolicited communication you send through the MEETfish
Services);
- covering or obscuring the banner advertisements on your
personal profile page, or any MEETfish.compage via any means;
- any automated use of the system, such as using scripts to
add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden
on the MEETfish Services or the networks or services connected to the
MEETfish Services;
- attempting to impersonate another Member or person;
- for band profiles, copying the code for your MEETfish
Player and embedding it into other profiles or asking other Members to
embed it into their profiles;
- selling or otherwise transferring your profile;
- using any information obtained from the MEETfish Services
in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting
payment or anything of value from a third person in exchange for your
performing any commercial activity on or through the MEETfish Services
on behalf of that person, such as placing commercial content on your
profile, posting blogs or bulletins with a commercial purpose, selecting
a profile with a commercial purpose as one of your friends, or sending
private messages with a commercial purpose; or
- using the MEETfish Services in a manner inconsistent with
any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify,
distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without
obtaining the prior written consent of the owner of such proprietary
rights. It is the policy of MEETfish.com to
terminate membership privileges of any Member who repeatedly infringes
the copyright rights of others upon receipt of prompt notification to
MEETfish.com by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if you
believe that your work has been copied and posted on the MEETfish
Services in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information: (i) an
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) a description
of where the material that you claim is infringing is located on the
MEETfish Services; (iv) your address, telephone number, and email
address; (v) a written statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; (vi) a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner's behalf. MEETfish.com's Copyright Agent for notice of claims of
copyright infringement can be reached as follows: Copyright Agent,
EvangeNet, Inc., 1624 N. First St., Garland, TX 75040; Facsimile:
(214)291-2497; Attn: Copyright Agent; and email:
copyrightagent@MEETfish.com.
- Member Disputes. You are solely responsible
for your interactions with other MEETfish.comMembers. MEETfish.com reserves the right, but
has no obligation, to monitor disputes between you and other Members.
- Privacy. Use of the MEETfish Services is also
governed by our Privacy Policy, which is incorporated into this
Agreement by this reference.
- Disclaimers.
MEETfish.com is not responsible for any
incorrect or inaccurate Content posted on the MEETfish Website or in
connection with the MEETfish Services, whether caused by Users of the
MEETfish Services or by any of the equipment or programming associated
with or utilized in the MEETfish Services. Profiles created and posted
by Members on the MEETfish Website may contain links to other websites.
MEETfish.com is not responsible for the
Content, accuracy or opinions expressed on such websites, and such
websites are in no way investigated, monitored or checked for accuracy
or completeness by MEETfish.com. Inclusion of any linked website on the
MEETfish Services does not imply approval or endorsement of the linked
website by MEETfish.com. When you access these third-party sites, you do
so at your own risk. MEETfish.com takes no
responsibility for third party advertisements which are posted on this
MEETfish Site or through the MEETfish Services, nor does it take any
responsibility for the goods or services provided by its advertisers.
MEETfish.com is not responsible for the
conduct, whether online or offline, of any User of the MEETfish
Services. MEETfish.com assumes no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, any User or
Member communication. MEETfish.com is not
responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers,
computer equipment, software, failure of any email or players due to
technical problems or traffic congestion on the Internet or on any of
the MEETfish Services or combination thereof, including any injury or
damage to Users or to any person's computer related to or resulting from
participation or downloading materials in connection with the MEETfish
Services. Under no circumstances shall
MEETfish.com be responsible for any loss or
damage, including personal injury or death, resulting from use of the
MEETfish Services, attendance at a
MEETfish.com event, from any Content posted
on or through the MEETfish Services, or from the conduct of any Users of
the MEETfish Services, whether online or offline.
MEETfish.com expressly disclaims all
liability for any viruses or other contamination of your computer system
or other device used to access this Site as a result of your use of this
Site, and expressly disclaims all liability for actions taken or not
taken based on any or all of the contents of this Site. The MEETfish
Services are provided "AS-IS" and as available and
MEETfish.com expressly disclaims any warranty
of fitness for a particular purpose or non-infringement.
MEETfish.com cannot guarantee and does not
promise any specific results from use of the MEETfish Services.
- Limitation on Liability. IN NO EVENT SHALL
MEETfish.com BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF MEETfish.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, MEETfish.com's LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
MEETfish.com FOR THE MEETfish SERVICES DURING
THE TERM OF MEMBERSHIP.
- U.S. Export Controls. Software available in
connection with the MEETfish Services (the "Software") is further
subject to United States export controls. No Software may be downloaded
from the MEETfish Services or otherwise exported or re-exported in
violation of U.S. export laws. Downloading or using the Software is at
your sole risk.
- Disputes. If there is any dispute about or
involving the MEETfish Services, you agree that the dispute shall be
governed by the laws of the State of Texas, USA, without regard to
conflict of law provisions and you agree to exclusive personal
jurisdiction and venue in the state and federal courts of the United
States located in the State of Texas, City of Garland. Either
MEETfish.com or you may demand that any
dispute between MEETfish.com and you about or
involving the MEETfish Services must be settled by arbitration utilizing
the dispute resolution procedures of the American Arbitration
Association (AAA) in Garland, Texas, USA, provided that the foregoing
shall not prevent MEETfish.com from seeking
injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold
MEETfish.com, its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of the MEETfish
Services in violation of this Agreement and/or arising from a breach of
this Agreement and/or any breach of your representations and warranties
set forth above and/or if any Content that you post on the MEETfish Site
or through the MEETfish Services causes
MEETfish.com to be liable to another.
- Other. This Agreement is accepted upon your
use of the MEETfish Site or any of the MEETfish Services and is further
affirmed by you becoming a Member. This Agreement constitutes the entire
agreement between you and MEETfish.comregarding the use of the MEETfish Services. The failure of
MEETfish.com to exercise or enforce any right
or provision of this Agreement shall not operate as a waiver of such
right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect.
MEETfish.com is a trademark of EvangeNet,
Inc. This Agreement operates to the fullest extent permissible by law.
If any provision of this Agreement is unlawful, void or unenforceable,
that provision is deemed severable from this Agreement and does not
affect the validity and enforceability of any remaining provisions.
Please contact us at:
privacy@MEETfish.com with any
questions regarding this Agreement.