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Terms

Terms and Conditions Of Use Of GoFish Cam, Inc.’s Internet Site

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.

RESTRICTIONS ON USE

Material from www.gofishcam.com and any other World Wide Web site containing GoFish Cam content and information may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of GoFish Cam, Inc. (the “Company”) EXCEPT: you may download material or content that is intended for personal use on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates the Company’s intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software“) are deemed to be licensed to you by the Company. Neither title nor intellectual property rights in the Software are transferred to you, but remain with the Company, which owns full and complete title to the Software. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

RESTRICTION OF LIABILITY

The Company will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. The Company will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site (the “Materials”), even if there is negligence or the Company or an authorized Company representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. The Company’s total liability to you for all losses, damages, and causes of action, whether in contract, tort (including without limitation, negligence), or otherwise, will not be greater than the amount you paid to access this site. 

SUBMISSIONS

All remarks, suggestions, ideas, videos graphics, or other information communicated to the Company through the site or mobile application (together, the “Submission“) will forever be the property of the Company. The Company will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Company operations. Without limitation, the Company will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, the Company will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred by the Company to third parties or to other entities who are not involved in the operation of this site. Information submitted via a number of areas in this site, for instance, Contact Us, is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not the Company, have full responsibility any such message, including its legality, reliability, appropriateness, originality, and copyright.

JURISDICTION

Except as described otherwise, all materials in the Company’s site are made available only to provide information about the Company. The Company controls and operates this site from its headquarters in Texas, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of ) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department’s Specially Designated Nationals list, or (c) the US Commerce Department’s Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

DISCLAIMER

The material in this site could include technical inaccuracies or typographical errors. The Company may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOFISH CAM, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

This website contains downloadable materials as well as links to external sites. The Company is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that the Company cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

To be considered for a posted job opportunity, you must submit an application via the careers section located at www.gofishcam.com.

TERMINATION

The Company or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all Materials obtained from all the Company’s sites, and (b) all related documentation and all copies and installations. The Company may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all Materials, related documentation and all copies and installations.

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Texas, USA, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. The Company can revise these Terms and Conditions at any time by updating this posting. The Company’s products and services are available in many parts of the world. However the Company’s site may describe products and services that are not available worldwide. This site may be linked to other sites, which are not maintained by the Company. The Company is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by the Company of the sites.

TRADEMARK INFORMATION

The trademarks, logos and artwork displayed include the registered and unregistered trademarks and copyright of the Company. All references marked with a ®, ™, MD and MC are trademarks of the Company, except where third party trade mark ownership is indicated.

The Company’s Customer E-mail Center Terms and Conditions

The Company’s Customer E-mail Center is presently available to the Company’s customers located globally.

Hours of Service for the Company’s Customer E-mail Center: Monday through Friday, 8:30 am to 5:00 pm Eastern Time. Dependent on amount of requests at time of inquiry, e-mails may not be responded to for 48hrs.

Communication of Ideas: The Company values customer feedback. However, the Company will not accept or consider unsolicited ideas, suggestions, or materials, so we must ask you not to send us your ideas for our business. We hope that you understand that it is the intent of this policy to avoid the possibility of future misunderstandings when products or other of the Company’s promotions or initiatives developed by the Company’s professional staff might seem to others similar to their own creative work.

If, despite this request, you send us suggestions or ideas, they shall be deemed to have been submitted voluntarily and shall become and remain the property of the Company. Subject only to the limitations set out in the Company’s Privacy Policy, the Company shall have the right to copy, distribute, transmit, perform, display, modify, adapt, and otherwise use your ideas for any purpose whatsoever (including, without limitation, in the development, manufacture and marketing of products and services based on or incorporating ideas, know-how and techniques contained in your Submission), in all forms and media (including, without limitation, by means of the Internet or other electronic media) throughout the world. The Company assumes and shall assume no duty of confidentiality, express or implied, with respect to any such ideas and will have no liability for the use or disclosure of your ideas. Accordingly, the Company has and will have no obligation to treat your ideas as confidential or to compensate you or anyone else for your ideas or any use of your ideas by the Company or by others.

Information Sharing Policy: Any information provided to the Company will not be sold for mailing lists or solicitation. The Company however, in its sole discretion, may contact you by mail to survey your satisfaction with the Company, the Company’s products, or other matters including, without limitation, to inform you of new products or promotions offered by the Company.

© 2016 GoFish Cam, Inc.

  • October 16/15 Version –



Terms of Sale (the “Terms of Sale”)

PLEASE READ THE FOLLOWING TERMS OF SALE CAREFULLY

In addition to the Terms of Use which govern your use of this site, GoFishCam.com (the “Site”), these Terms of Sale govern any order or purchase you, the individual completing this order (herein referred to as “you”), place or make on the Site. The Site is owned and operated by GoFish Cam, Inc. (referred to herein as “GoFish Cam”), which is the supplier for your order. By proceeding to place an order you agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sale, do not proceed with your order.  Please print and retain a copy of these Terms of Sale for your records.

  1. Ordering Process

All advertisements on the Site are invitations to purchase and not offers to sell. GoFish Cam reserves the right, at its sole discretion, to accept or reject any order you have completed and placed.

You will receive online confirmation that your order has been received by GoFish Cam after you place your order on the Site. This online confirmation that your order has been received by GoFish Cam does not constitute acceptance of your order. Rather, the confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address associated with your order.

In some instances, you may have the opportunity to pre-order products (such as out-of-stock or unreleased cameras and accessories) on GoFishCam.com before they are available for sale. When you place such an order, your credit card will be authorized, but it will not be charged until the item(s) ordered are given to a shipper for shipment to you. If GoFish Cam changes its price between when you order a product, and when your item ships, you will be charged the lower of the two prices. Taxes and shipping will apply as of the date of GoFish Cam’s acceptance of the order.

  1. Acceptance, Rejection or Cancellation of Orders

The confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address associated with your order. There may be certain orders that GoFish Cam must reject before acceptance or cancel after acceptance. GoFish Cam reserves the right at any time after receipt of your order to accept or reject your order for any reason and GoFish Cam will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that GoFish Cam rejects the order, GoFish Cam will have no obligation to fulfill your order and you will have no obligation to pay GoFish Cam for the order. GoFish Cam also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Without limiting the generality of the foregoing, and for your information only, some situations that may result in your order being rejected or cancelled are:

  • Limitations on quantities available for purchase;
  • Inaccuracies or errors in product or pricing information;
  • A product recall on the item that you have purchased; or
  • Problems identified by GoFish Cam’s third party credit processor.

GoFish Cam may also require additional verifications or information before accepting any order. GoFish Cam will contact you if all or any portion of your order is rejected after your order has been placed but before or after it is accepted by GoFish Cam or if additional information is required to consider whether or not to accept your order.

  1. Availability and Description of Products

The purchase of products on the Site is subject to availability. In the event that GoFish Cam advises you that any products are no longer available, GoFish Cam will have no obligation to fulfill your order and you will have no obligation to pay GoFish Cam for the order.

Product descriptions, representations, warranties, guarantees and performance claims are provided by our vendors and are not independently verified by GoFish Cam. The accuracy of such representations is the sole responsibility of the vendors. While the Site attempts to be accurate in its product descriptions, GoFish Cam does not represent or warrant that product descriptions or other Content on this Site is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it in accordance with GoFish Cam’s Return Policy

  1. Price

By confirming your purchase at the end of the check out process, you agree to pay GoFish Cam the amount set out as the ORDER TOTAL (the “Purchase Price”) in the Confirm Order and Shipping Address section of the checkout process, subject to adjustment as described herein. The ORDER TOTAL is quoted in US dollars and includes shipping and handling fees, any applicable environmental or other additional fees, and an estimate of all applicable taxes. Subject to applicable law, the Purchase Price will be charged in US dollars to your selected credit card, or PayPal account, by GoFish Cam in one or more charges for each order you have placed. Please note that actual sales taxes and shipping costs are calculated on items as they are ordered.

In the event that an item is listed on the Site at an incorrect price due to an error in pricing, GoFish Cam will have the right, at GoFish Cam’s sole discretion, to reject or cancel any orders placed at that price for that item. In the event that an item is mispriced, GoFish Cam may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

For your convenience, the Site lists some products which also are carried by retailers authorized by GoFish Cam for that purpose. However, please note that products and prices available for online purchase on the Site may not be the same as those available at one or more of those retailers. Furthermore, retailers’ pricing and offers will sometimes differ from online prices and offers.

  1. Quantity Limits and Dealer Sales

GoFish Cam reserves the right, at its sole discretion, to limit the quantity of items ordered by a person, a household or in an individual order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. GoFish Cam also reserves the right, at its sole discretion, to refuse to sell to dealers or resellers. For purposes of these Terms of Sale, reselling is defined as purchasing or intending to purchase any product(s) from the Site for the purpose of engaging in a commercial sale or other transfer of title in that same product(s) to a third party.

  1. Method of Payment

You may pay for your purchase using VISA, MasterCard, or American Express or use Paypal. By placing your order, you authorize GoFish Cam to charge the applicable card or method for the Purchase Price and you represent and warrant that you are the cardholder of the applicable card or account holder of the applicable account. If your card is rejected by the card issuer, or account declined by Paypal, your order will not be shipped and GoFish Cam will have no obligation to fulfill your order.

All billing and registration information provided by you to GoFish Cam must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.

  1. Shipment

Your order will be shipped by GoFish Cam or by one of GoFish Cam’s third party distributors at GoFish Cam’s sole discretion. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped.

GoFish Cam is not responsible for any loss of or damage to the products following transfer of possession of such products by GoFish Cam or by an agent of GoFish Cam or by a retailer of GoFish Cam products to the applicable carrier for shipment to your delivery address.

  1. Cancellation, Returns, Refunds, and Exchanges

You may have certain statutory rights to cancel your order under applicable laws, including without limitation consumer protection laws and GoFish Cam will respect all such applicable laws.

At this time all sales made by you with GoFish Cam are final. GoFish Cam does not accept any returns or exchanges and does not give any refunds on products sold.

  1. Passwords

You are responsible for the security of your account and password on your GoFish Cam mobile application. GoFish Cam shall not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password.

  1. Privacy

GoFish Cam’s personal information practices on the Site, including the collection, use and/or disclosure of your personal information and/or financial information, are governed by GoFish Cam’s Privacy Policy.  Please review this Privacy Policy and print a copy for your records.

  1. Changes to the Terms of Sale

The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the check out process. GoFish Cam may modify its Terms of Sale from time to time in accordance with applicable laws and, subject to those laws, without any prior notice to any person. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with GoFish Cam you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.

  1. Order History

GoFish Cam will keep record of a customer’s order history. If you would like to access your order history please contact GoFish Cam at info@gofishcam.com and a representative will be able to assist you. The maximum amount of time, however, that an order history will be kept on record for is two (2) years.

  1. Disclaimers of Warranties

Certain goods offered on this Site may have warranties that apply to them if noted on the applicable product page of this Site. These warranties are provided by the manufacturer of these products and not by GoFish Cam. To the maximum extent permitted by applicable laws, GoFish Cam disclaims all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose and non-infringement), relating to this Site or any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability or any transaction conducted on this Site, whether arising from statute, course of dealing, usage of trade or otherwise. GoFish Cam makes no representations or warranties and provides no conditions in connection with this Site or any content, information or goods accessed or offered through this Site or their use.

Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.

  1. Limitations of Liability

In no event shall GoFish Cam be liable to you for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) which you suffer or allegedly suffer, including without limiting the generality of the foregoing for damages arising in connection with or relating in any manner whatsoever to: (A) this Site; (B) any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability (including the inability to use); (C) any transaction conducted on this Site; and (D) any unauthorized access to or alteration of your data.

If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of GoFish Cam for damages of any nature suffered by you shall in no event exceed the Purchase Price of your transaction.

The above exclusion and limitation of liability shall apply whether or not a claim is in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if GoFish Cam had been advised or had reasons to know of the possibility of such damages.

In this Section 15, reference to GoFish Cam means GoFish Cam and its affiliates and their respective officers, directors, employees, contractors, and agents.

Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you. This Section 15 shall apply to you to the maximum extent permitted by applicable laws.

  1. Export

You acknowledge that the goods sold on the Site, which may include technology and software, may be subject to applicable customs and export control laws and regulations. By purchasing technology or software from the Site, you agree to abide by all such applicable laws and regulations.

  1. Applicable Law

These Terms of Sale will be governed by the laws of the state of Texas and the laws of The United States of America applicable therein unless the applicable laws of your State or Country of residence require that the laws of such state or Country govern, in which case, the laws of such State or Country are to govern. The exclusive jurisdiction for any claim, action or dispute with GoFish Cam or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the state of Texas, unless required otherwise by applicable laws of your state or Country of residence.

  1. General

These Terms of Sale together with the details of your order and the Terms of Use which govern your use of the Site constitute the entire agreement between you and GoFish Cam with respect to any purchase made by you on or from the Site and supersede all previous agreements, understandings and representations relating thereto. If any provision of these Terms of Sale is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Sale shall remain in full force and effect. The delay or failure of GoFish Cam to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit GoFish Cam’s rights with respect to such breach or any subsequent breaches. GoFish Cam shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control including, without limitation, weather-related and other shipping delays. You may not assign this product sale agreement to any third party without the prior written consent of GoFish Cam. These Terms of Sale will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) GoFish Cam and it successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Sale, the wording in these Terms of Sale shall prevail. It is the express wish of the parties that these Terms of Sale and all related documents be drawn up in English.

You may contact GoFish Cam online at www.GoFishCam.com or by email at info@GoFishCam.com.

By accepting these Terms of Sale, you represent and warrant that you are of the age of majority in your jurisdiction. If you are not of the age of majority, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Sale. If you are a parent or legal guardian agreeing to these Terms of Sale for the benefit of an individual under the age of majority, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

© 2016 GoFish Cam, Inc.

  • October 16/15 Version –

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