This document explains how you may access, browse and use Fishtail Inc.’s, website (the “Website”). You should review these terms and conditions (the “Website Terms”) before using the Website. By accessing, using or browsing this Website, or otherwise indicating your consent, you agree to be bound by these Website Terms. If you do not agree with or accept any of these terms, you should cease using the Website immediately. If you have any questions about this website, please contact email@example.com.
Fishtail may update or change these Website Terms from time to time. Fishtail will post updated terms on the Website. By continuing to access or use the Website, you agree to be bound by the revised Website Terms. If you do not agree to the revised Website Terms, please stop using the Website.
This Website is intended for and directed to individuals over the age of 18 years. If you are not 18 years of age or older, please do not use the Website without the permission and supervision of your parent or legal guardian. If you are a parent or legal guardian and have authorised a minor to use the Website, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Website by the minor.
Ownership and Copyright
You acknowledge that any and all information, content, data, graphics, interfaces, web pages, text, files, software, trademarks, logos, graphics, functionality and displays contained on the Website (“Our Content”), including the manner in which Our Content is presented or appears, is the property of Fishtail or its licensors, as the case may be.
Fishtail hereby grants you a personal, limited, revocable, non-transferable and no-exclusive license to access, read and download one copy of Our Content. Except for this licence granted to you, Fishtail and its licensors retains and reserves all right, title and interest in and to the Website and Our Content, including all related intellectual property rights. The Website is protected by applicable intellectual property laws, including USA copyright law and international treaties.
You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Website and in particular in any digital rights or other security technology embedded or contained within any Our Content.
“Fishtail” and “Fishtail.ai” are our trade-marks. Other trademarks and trade names may also be used on this Website. The use or misuse of any trademarks or any other Content on the Website except as provided in these Website Terms is strictly prohibited. Nothing contained on the Website be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.
Restrictions on Use
As a condition to using the Website, you promise not to use the Website for any purpose that is unlawful or prohibited by these Website Terms, or any other purpose not reasonably foreseen to have been intended by Fishtail. As a condition of your use of the Website, you agree not to us the Website:
- in any way that is false, inaccurate or misleading;
- in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
- to collect and use product listings, descriptions or images;
- to abuse, harass, threaten, impersonate or intimidate any person;
- to post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
- for any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction in which you access the Website;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
- to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser;
- to create or transmit unwanted ‘spam’ to any person or any URL;
- to violate or attempt to violate the security of the Website;
- to post copyrighted Content which doesn’t belong to you, with the exception of blog content, in which case you may post such Website with explicit mention of the author’s name and a link to the source of the Website;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website;
- to sell any products other than those which can reasonably be described as food and food-related products;
- to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Fishtail;
- to interfere with or attempt to interfere with the proper working of the Website;
- use the Website to distribute viruses or malware or other similar harmful software code;
- represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing
- to sell or otherwise transfer your profile;
- to interfere in any way with the business of any other user of the Website; or
- in any other way that violates these Website Terms.
For the purposes of these Website Terms, “Content” means any text, images, video, audio or other multimedia content, software or other information or material.
To access certain parts of the Website, you may be required to open an online account with Fishtail, in which case you will have to create a username and password and to provide registration information, including a name and email address. Alternatively, you may create an account through your account with certain third-party social networking services, such as Google.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Fishtail account.
If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to these Website Terms.
If you are under 18 years old then you must obtain the permission of your parent or legal guardian prior to registering an account. Your parent or legal guardian will then be responsible for your online conduct, and the consequences of any misuse of the Website.
Accuracy of Information and Availability of the Website
While Fishtail uses reasonable efforts to include accurate and up-to-date information on the Website, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Website is at your own risk and we may suspend or terminate operation of the Website at any time at our sole discretion. Nothing in these terms and conditions will operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Website is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
While we make commercially reasonable efforts to ensure that the Website is available, we do not represent, warrant or guarantee in any way the Website’s continued availability at all times or uninterrupted use by you of the Website.
Under no circumstances will Fishtail be liable for any loss or damage of any kind caused by reliance on information obtained through the Website. Fishtail is not responsible for any offensive, defamatory, obscene or other posting made through the Website. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Fishtail’s sole discretion is inappropriate, objectionable or in violation of these Website Terms.
Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email to Fishtail. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.
Neither Fishtail nor any third party content provider shall assume or have any liability for any action or inaction by Fishtail or any third party content provider with respect to any conduct, communication or posting on the Website.
The Website may provide, or third parties may provide, links to other World Wide Websites or resources. Because Fishtail has no control over such sites and resources, you acknowledge and agree that Fishtail is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fishtail shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.
Fishtail will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating user accounts and access to the Website.
Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.
Indemnity and Limitation of Liability
To the fullest extent permitted under applicable law, you hereby expressly and irrevocably release and forever discharge Fishtail, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Website.
To the maximum extent permitted by applicable law, Fishtail excludes all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Website for any reason, and any representation or statement made on the Website.
Fishtail will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Website, for example if you lose revenue, salary, profits or reputation as a result of your use of the Website and/or the acts or omissions of any third party such as other users of the Website or any other indirect or consequential loss or damage you may incur in relation to the Website and its Content.
Under no circumstances will our aggregate liability to you for any and all claims arising from your use of the Website (including the downloading or use of any Content) exceed one hundred United States dollars (US$100).
Notwithstanding any other provision of these Website Terms, Fishtail does not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Website or for any other statutory rights which are not capable of being excluded.
You understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Disclaimer of Warranties
THIS WEBSITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY FISHTAIL ON AN “AS IS” AND “AS AVAILABLE” BASIS. FISHTAIL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FISHTAIL DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, FISHTAIL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FISHTAIL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.
BY USING WEBSITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. FISHTAIL DOES NOT WARRANT OR GUARANTEE THAT ITS SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF FISHTAIL ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, THE FISHTAIL DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND FISHTAIL, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
The Security of the Website
Fishtail maintains reasonable safeguards and personnel policies that are designed to guard the Website, our systems and our sellers’, customers’, business partners’ and others’ information. For example, for the security of your online visit to the Website, Fishtail may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Fishtail strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Fishtail will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Website.
When you visit the Website or send emails to Fishtail, you are communicating with us electronically. You consent to receive communications from Fishtail electronically. Fishtail may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Fishtail provides to you electronically satisfy any legal requirement that such communications be in writing.
Website is for Use in the United States of America
The Website is hosted in the United States of America. If you are a non-American user of Website, by visiting the Website, and/or providing Fishtail with any User Generated Content specifically or Content generally, you agree to comply with all federal and state United States laws governing the Website, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States of America or the country in which you reside.
Unless otherwise expressly stated in these terms and conditions, all notices from you to Fishtail must be in writing and sent to our contact address at firstname.lastname@example.org and all notices from Fishtail to you will be displayed on our website from to time.
Fishtail will have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these Website Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Website Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Website Terms to any other person.
These Website Terms are made under and governed by and are to be construed in accordance with the laws of the Commonwealth of Massachusetts and the federal laws of the United States of America applicable in the Commonwealth of Massachusetts.