GoFish Cam Mobile App Terms of Service
TERMS OF SERVICE – GOFISH CAM, INC.
Updated Aug. 28/17
The Company is pleased that you, the user (the “User”), are interested in using the Company’s mobile app (the “App”).
Below are the terms and conditions (the “Terms”) which govern your use of the App. The Company enters into a contract with you upon and subject to these Terms when you register to use the App, and the Company hereby is informing you of that fact.
By registering and using the App, you are agreeing to each and every one of these of these Terms, are acknowledging that you have read and understand them and are agreeing to comply with and be bound by them.
If you do NOT so agree, then you must discontinue your use of the App.
- By using the App, User represents to the Company and acknowledges that User is at least 13 years of age. If user had not reached the age of majority in User’s state/Province, User’s parent or legal guardian acknowledges that, on behalf of User and personally, he/she is permitting User to open an account on the App, to use the App and to undertake each and every action which the minor User undertakes in relation to the App. User represents that User is not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction, that is to say, that User does not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition. Finally, User agrees that User has read, understands in full and will comply with these Terms and will comply with all applicable local, state, Provincial, national, and international laws, rules, and regulations.
- By submitting and uploading one or more videos to the App, User (or, if the User is a minor in his/her State/Province/territory, his/her parent or legal guardian on behalf of such Minor) thereby grants the Company the right in its sole discretion, but not the obligation, to copy, edit, use, sell, assign or otherwise transfer in any manner the video(s), in whole or part, along with the User’s name, and likeness and any statements made by or attributed to the User, to any person, firm or corporation and in any and all media (including the Internet), now known or hereafter devised, in perpetuity and throughout the universe, for any purpose the Company in its sole discretion may determine, all without further notice, review, approval or compensation, and releases the Company and every director, officer, employee, agent, manager and user of the Company and the App from any and all liability with respect thereto. In addition, User grants the Company a licence to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display content User submits and uploads to the App, for any purpose the Company in its sole discretion may determine, all without further notice, review, approval or compensation, and releases the Company and every director, officer, employee, agent, manager and user of the Company and the App from any and all liability with respect thereto.
- If User is using the App on behalf of a business, User represents to the Company that User is authorized to grant all the licences set out in these Terms and has the power to, and does agree to these Terms on behalf of that business.
- The Company grants to User the right to use the App pursuant to these Terms. User understands and agrees that any software the Company provides on the App is provided in the Company’s sole discretion and the Company may alter, eliminate, supplement, upgrade and change, in the Company’s sole discretion, and feature(s) of that software. The Company in its sole discretion may suspend or stop the App’s operations at any time and without prior notice to User. User may not copy, modify, sell, in any manner transfer or distribute any part of the App or its software and User may not reverse engineer the software, in whole or part or try to extract the source code of that software, unless laws prohibit these restrictions or User has the Company’s written permission to do so, which permission the Company may withhold in its sole discretion.
- The Company has the right to terminate or modify or add to these Terms at any time in its sole discretion without notice to User. The Company in its discretion may stop providing service to User or impose further limits and conditions on User in relation to use of the App. The Company may deactivate User’s account due to prolonged inactivity. User may terminate User’s use of the App at any time and for any reason by deleting User’s account. Irrespective whether the Company terminates these Terms or the User terminates User’s use of the App, both User and the Company will continue to be bound by the provisions of paragraphs 2, 4, 5, 6, 8-11 and 14-21 of these Terms.
- User understands and agrees that while the Company is not obliged to do so, it may access, review, screen, and delete User’s content at any time and for any reason, including if the Company believes in its sole judgment that the content violates these Terms. User alone is responsible for the content User creates, uploads, posts, sends, or stores in or using the App. If User has suggestions for the Company, User agrees that the Company may use any such suggestion, in whole or part, without any compensation to User.
- GoFish Cam Profile is our data-storage service that helps you to reminisce. By agreeing to these Terms, User automatically enables GoFish Cam Profile. Once enabled, GoFish Cam Profile will remain enabled for as long as User maintains User’s App account but User can always turn off certain GoFish Cam Profile features through Settings. User’s content in GoFish Cam Profile might become unavailable for any number of reasons, including without limitation, an operational glitch or a decision by the Company to terminate User’s account. The Company recommends that User keep a separate copy of the content saved to GoFish Cam Profile. Note that GoFish Cam Profile may not be able to accommodate User’s storage needs, and the Company has the right to set storage limits for GoFish Cam Profile and to change these limits from time to time in the Company’s discretion. As is the case generally with the App, User’s use of GoFish Cam Profile may take up space on User’s device and may incur mobile data charges. User may not resell or otherwise transfer any GoFish Cam Profile features such as using GoFish Cam Profile to operate User’s own file-storage or distribution service for other people.
- User must not use the App or the content on the App in any way which is not permitted by these Terms. For example, User Services or the content on the Services in ways that are not authorized by these Terms. User is not permitted to assist any other person in doing that. User may not use the App in a manner such as to infringe upon someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right, bullies, harasses, or intimidates, defames, spams or solicits other users of the App. User also agrees not to use any intellectual property [trademarks, copyrighted material] which does not belong to User and not to copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the App or the content on the App except as set forth in these Terms, including any commercial use of the App, the App’s content or the App’s tools without the Company’s express written consent, which the Company may withhold in its absolute discretion.
- The Company respects the copyrights of others.
If a User is a copyright owner or an agent thereof and have a good faith belief that any Third Party Submission or other content on the App infringes User’s copyright(s), User may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Company’s designated copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
- Information reasonably sufficient to permit the Company to contact User, such as an address, telephone number, and, if available, an electronic mail;
- A statement that User has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company’s designated Copyright Agent to receive notifications of claimed infringement is:
Brandon Austin, BA@GoFishCam.com DMCA Copyright Agent,
4600 Commanders Point Drive, Austin, Texas, USA 78734
The notice must be signed (see above re physical or electronic signatures) by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and sent to the Company by email to the Company, attention Brandon Austin, DMCA Copyright Agent at the following email address, BA@GoFishCam.com, with the subject line “DMCA Complaint”.
NOTE: Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the GoFish Cam support team at firstname.lastname@example.org. User acknowledges that User understands that if User fails to comply with all of the requirements of this Section, User’s DMCA notice may not be valid and the Company may not process User’s complaint.
Upon receipt of a notice which complies with all of the requirements set out above, the Company will review and consider the content of the notice and the complaint it contains. If the Company removes App content or disables App access as a result of its consideration of User’s notice, please be advised that the Company may notify the owner or administrator of the affected site or content to that afect and to advise such person that he/she/it can make a counter notification.
The Company suggests that User seek legal counsel before filing a notice. Any misrepresentations in User’s notice regarding whether content or activity is infringing may expose User to liability for damages (including costs and attorneys’ fees).
For any questions regarding the Company’s DMCA (Digital Millennium Copyright Act - “DMCA”) process as set out above, please contact the Company at: email@example.com.
Counter-Notice to a Notice to the Company of Alleged Copyright Infringement
If a user believes that the user’s Third Party Submission that was removed (or to which access was disabled) is not infringing any copyright, or that the user has the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in user’s Third Party Submission, the user may send a counter-notice containing the following information to the Company’s Copyright Agent:
- The user’s physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that the user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- The user’s name, address, telephone number, and e-mail address, a statement that the user consents to the jurisdiction of the courts of the State of Texas sitting in Travis County, Texas, U.S.A. and a statement that the user will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company’s Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, at the Company’s sole discretion, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice.
- By using the App and uploading material on it, User agrees that User will not a) use the App for any illegal purpose or for any purpose not permitted by these Terms, b) use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information, nor use or develop any third-party applications that interact with the App or other users’ content or information without the Company’s express written consent, which the Company may withhold in its sole discretion, c) use the App in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App or which could damage, disable, overburden, or impair the functioning of the App, d) use or attempt to use another user’s account, username, or password without that user’s permission, e) solicit login credentials from another user, f) post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence, f) upload viruses or other malicious code or otherwise compromise the functionality or security of the App, g) attempt to circumvent any content-filtering techniques the Company employs, or attempt to access areas or features of the App which the User is not authorized to access, h) probe, scan, or test the vulnerability of the App or the Company’s business or services or any system or network, i) encourage or promote any activity that violates these Terms.
- User agrees to always use the App and User’s mobile device in a manner which is safe, and does not expose User or any other person or persons to danger, e.g. by using the App while User is driving a vehicle.
- The User is solely responsible for activity in relation to User’s App account. User may not create more than one account, will not create another account if the Company has disabled User’s existing account, will safeguard and will not sell or otherwise permit access to User’s App account or to User’s password and will neither log in or attempt to access the App using an authorized third party application. User should contact the Company if User believes there has been unauthorized access to User’s App account.
- All data and mobile device charges and user fees are solely the cost, expense and responsibility of User. If User intends to deactivate the mobile device User used to create an App account, the user must log off the App and delete the App from the mobile device. If User wishes to use a new or different mobile device from the one User used to create an account on the App, User must download the App on the new or different device and log in with User’s exiting log in detail.
- The Company is not responsible or liable for any third party’s terms or actions taken related to a third party’s terms.
- To the extent permitted by law, User agrees to indemnify, save harmless and defend the Company and its directors, shareholders, officers, employees, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including lawyer’s, expert and court fees) due to, arising out of, or relating in any way to User’s access to or use of the App, User’s content, and/or User’s breach or alleged breach of these Terms.
- THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (A) THE APP WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE APP WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION USER OBTAINS ON OR THROUGH THE APP WILL BE TIMELY OR ACCURATE.
- THE COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT USER, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE APP. USER UNDERSTANDS AND AGREES THAT USER MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, FOR NONE OF WHICH THE COMPANY WILL BE RESPONSIBLE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) USER’S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE APP; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF USER’S CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP EXCEED THE GREATER OF $200 USD OR THE AMOUNT, IF ANY, WHICH USER PAID THE COMPANY IN THE LAST 12 MONTHS.
- The laws of the State of Texas will govern the validity and construction of these Terms and any dispute arising out of or relating to these Terms, without regard to or the application of the principles of conflict of laws. User hereby consents, and waives all defenses of lack of personal jurisdiction and forum non conveniens with respect to the jurisdiction and venue of the federal and state courts located in Travis County, Texas (USA), and any litigation respecting these Terms will be brought in an decided by such courts. User agrees to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded from them and from their interpretation, force and effect.
- If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
- These Terms comprise the entire agreement between User and the Company and replace any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If the Company fails to not enforce a provision in these Terms, or chooses not to do so, such failure or choice is not in any way a waiver of the Company’s right to enforce any such provision at any time in the future. The Company reserves all rights not expressly granted to User. User may not transfer any of User’s rights or obligations under these Terms without the Company’s consent.
©2017 GoFish Cam, Inc.