GOFISH.COM TERMS AND CONDITIONS OF USE

Hello! This page isn’t just for the legal eagles (but it was written by some), it’s to let everyone know the rules for using gofish.com. Please read this page carefully, and if you’re under 18, have your parents read it with you.

Each of gofish.com and mmatoday.com (including all content and functionality available through the gofish.com and mmatoday.com domain names, each, the “Website”) are owned and operated by GoFish Corporation (“GoFish”). These Terms and Conditions of Use (these “Terms of Use”) are a legal contract between you and GoFish for the use of the Website and the services provided herein.

By registering on the Website, or by accessing and using the Website in any manner, you agree to be legally bound by these Terms of Use. If you do not agree with all of the following terms and conditions, you may not use the Website. GoFish reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon posting. Although GoFish may attempt to notify you when major changes are made to these Terms of Use, please review the Terms of Use periodically. Your continued use of the Website following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use.

Your failure to abide by these Terms of Use may result in suspension or termination of your access to the Website, without notice, in addition to GoFish’s other remedies. GoFish further reserves the right to terminate, without notice, any user's access to or use of the Website (or portion thereof) for any reason and to remove, edit, deactivate or suspend user accounts and/or associated information for any reason whatsoever, without prior notice.

1. Registration

In order to access some features of the Website, you will have to create a GoFish account. You may never use another person’s account without permission. You are solely responsible for the activity that occurs on your account, and for maintaining the confidentiality of the password you are assigned. You must notify GoFish immediately of any breach of security or unauthorized use of your account.
By registering on the Website, you certify that the information that you provide on the registration form is accurate and pertains only to you, and you further certify that either: (1) you are over the age of eighteen, or (2) you are at least thirteen and have reviewed these Terms of Use with a parent or guardian.

2. Children Under 13

If you are a child under age 13, please do not use the Website. While the Website registration requires agreement that you are not under thirteen, we have no way of distinguishing the age of individuals who access our Website. Parents of children under the age of 13 can request the deletion their child’s information and opt out of promotional opportunities by contacting GoFish. See the GoFish Privacy Policy for more information.

3. Intellectual Property Rights

The content on the Website, except all User Submissions (as defined below), including without limitation the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to GoFish, subject to copyright and other intellectual property rights under United States and foreign laws, and international conventions. Content on the Website is provided to you AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
GoFish reserves all rights not expressly granted in and to the Website and the Content.

4. Use of the Website

GoFish provides users with access to a wide variety of features on the Website. Some of the Content on the Website was created by GoFish and some of it was syndicated by GoFish from various third parties. The Website also contains user video content (“User Videos”), textual content (“User Comments”) and images (“User Images”), as well as various other user posts and submissions (e.g. channels, playlists). User Videos, User Comments, User Images and all other Website submissions are collectively referred to herein as “User Submissions.”
GoFish hereby grants you permission to access and use the Website subject to these Terms of Use. You may use the Website and access the Content (as defined below) only as permitted under these Terms of Use.

You may access the Website and the User Submissions solely: (i) for your information and personal use; (ii) as intended through the normal functionality of the Website; and (iii) for Streaming. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited.

You understand that when using the Website you will be exposed to User Submissions from a variety of sources, and that GoFish is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GoFish with respect thereto.

Your use of the Website is subject to certain restrictions, as contained in these Terms of Use. Unauthorized use of the Website may result in the automatic termination of your registration and will make available to GoFish other legal remedies. Gofish reserves the right to audit your account at its sole discretion for any violations of these Terms of Use.

You agree not to:

Distribute in any medium any part of the Website, including but not limited to User Submissions, without GoFish’s prior written authorization.
Alter, modify or attempt to decipher, decompile, disassemble or reverse engineer any part of the Website;
Take any action that imposes an unreasonable load on the Website, including but not limited to use of a player other than Website’s “Embedded Player”;
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on or through the Website;
Delete or alter any material posted by any other user;
Frame or link to any of the materials or information available from the Website;
Circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the GoFish servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GoFish grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GoFish reserves the right to revoke these exceptions either generally or in specific cases.
Contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication or collect or harvest any personally identifiable information about such users, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments) for any commercial solicitation purposes or solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Use the Website for any other commercial use, without the prior written authorization of GoFish, except that: You may use the Embeddable Player to show videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with GoFish;
Post or transmit: (i) anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (ii) pyramid schemes, chain letters, gambling related items; or (iii) a virus or any other harmful component.
Take any other action that Gofish determines, in its sole discretion, is an improper use of the Service.

If you use the Embedded Player on your website, you must include a prominent link back to the Website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

GoFish reserves the right to discontinue any aspect to the Website at any time, including discontinue any linked or embedded Content.

5. User Submissions

Once registered, you may submit video and textual content to the Website. Your submission of User Submissions is subject to these Terms of Use.

A. You understand that whether or not User Submissions are published, GoFish does not guarantee any confidentiality with respect to any submissions. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to GoFish, you grant GoFish a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the Website and GoFish’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. GoFish or it’s designees may record the User Submissions on film, tape or otherwise for use in the programming and may edit, distribute and exhibit the program as desired for distribution and exhibition in any and all media throughout the world, now known or hereafter developed, in perpetuity including advertising, promotion and publicity of the programming. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. You understand and agree that GoFish may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.

B. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize GoFish to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and /or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GoFish all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage GoFish or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business, (v) impersonate another person. GoFish does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and GoFish expressly disclaims any and all liability in connection with User Submissions. If notified by a user or a content owner of a User Submission that allegedly does not conform to these Terms of Use, GoFish may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time.

D. GoFish permits you to link to your own User Submissions hosted on the Website or User Submissions of other third parties available on the Website, for personal, non-commercial purposes only. In addition, GoFish provides an “Embeddable Player” feature, in which you can incorporate certain User Submissions on your own personal, non-commercial websites, provided that you include a prominent link back to the GoFish website on the pages containing the Embeddable Player. You understand that the User Submissions, whether or not linked or embedded into other web sites, are provided to You only on an as-available basis, and GoFish does not guarantee that their availability will be uninterrupted or bug free. You are responsible for making sure all information and materials that you submit, originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.

E. GoFish does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GoFish expressly disclaims any and all liability in connection with User Submissions. GoFish reserves the right to remove Content and User Submissions without prior notice.

6.   Copyright Violations.

If you are a copyright owner or an agent thereof, and believe that any Content or User Submission infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by following the instructions on this page: http://corp.gofish.com/roller/corp/entry/dmca_compliance

7.   Links to Third Party Websites.

The Website may contain links to third party websites that are not owned or controlled by GoFish. Some of these Websites may belong to GoFish’s publisher’s network, but even these websites are independently owned and operated. These third party websites are typically subject to their own privacy policies, terms of use, and rules, independent of those of Gofish. These third party websites are not necessarily sanctioned, controlled or monitored by Gofish and GoFish has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party webiste. By using the Website, you expressly relieve GoFish from any and all liability arising from your use of any third-party website. GoFish encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of the other websites that you visit.

8.   Indemnity

You agree to defend, indemnify and hold harmless GoFish, its affiliates, officers, directors, employees, shareholders and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

9.   DISCLAIMER OF WARRANTIES .

USE OF THIS SITE, SERVICE, AND ANY SOFTWARE PROVIDED IN CONNECTION WITH THIS SITE OR SERVICE IS PROVIDED TO YOU ON AN “AS IS, AS AVAILABLE” BASIS, AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND. NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THIS SITE, SERVICE, AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

10.   LIMITATION OF LIABILITY .

IN NO EVENT SHALL GOFISH BE LIABLE FOR ANY DAMAGES TO YOU OF ANY KIND, INCLUDING FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED HEREUNDER, OR ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, SERVICE OR SOFTWARE. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST INCOME, LOST PROFITS, LOST SAVINGS, LOSS OF DATA, DATA BEING RENDERED INACCURATE, FAILURE OF SERVICE OR THE INABILITY TO USE A COMPUTER, WHETHER ARISING OUT OF TORT, CONTRACT OR OTHERWISE, EVEN IF GOFISH HAS BEEN INFORMED AND SO ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY LOSS, DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT GOFISH CORRECT THE MATTER, OR YOU MAY DISCONTINUE USE OF THE SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE THAT GOFISH SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF THE FOREGOING WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THE APPLICABLE JURISDICTION OR FEDERAL LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THESE TERMS OF USE, GOFISH’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11.   Other Matters

These terms shall be governed by and construed and enforced in accordance with the laws of the State of California, and the parties hereto agree to submit to the personal and exclusive jurisdiction of a court of competent jurisdiction in the State of California for any dispute relating to these Terms of Use.
To the extent any part of these Terms of Use is declared invalid or unenforceable, the remaining terms of these Terms of Use shall remain in full force and effect.
The failure of GoFish to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Headings for the sections of these Terms of Use are for reference only, and are not binding parts of these Terms of Use.
The parties hereto agree that these Terms of Use, together with Gofish’s Privacy Policy at http://corporate.gofish.com/roller/corp/category/privacy, sets for the entire agreement between the parties with respect to its subject matter.