Terms and Conditions
PLEASE READ THE USER AGREEMENT (the "Agreement") BELOW. BY USING THESE SERVICES, YOU (referred to herein as “You” or “Client”) ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE EXIT THIS SITE AND DO NOT USE THE SERVICES (AS THAT TERM IS DEFINED BELOW).
By using the Services, you are indicating that you are 18 years old or older, and agree to be bound by all of the terms in this Agreement. You may print and keep a copy of this Agreement. Fishbowl, Inc. and Fishbowl Marketing LTD ("Fishbowl") may change the terms in this Agreement at any time. When the terms are changed, Fishbowl will notify you by placing a notice in the Services. The changes also will appear in this document, which you can access at any time at http://local.fishbowl.com/Public/TermsAndConditions.aspx. If you do not agree to be bound by the changes, you should not use the Services again. If you use the Services after notification of a change in the Agreement, You are deemed to have accepted all of the changes and will be bound by all such changes, in addition to the terms which have not changed.
YOU CONFIRM YOUR AGREEMENT TO VOLUNTARILY USE THE SERVICES AND ACCESS THE CONTENT SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY USING THIS WEB SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, EXIT THIS WEB SITE AND DO NOT USE THE SERVICES.
Services. Fishbowl will provide you with online marketing services (the "Services") and you agree to use the Services in accordance with the following terms and conditions::
The “Database” consists of customer data which has been obtained by Fishbowl as a result of the Services. Customer data includes but is not limited to, the customer's name, email address, IP address and birth date information.
- Database Management. You acknowledge and agree that Fishbowl will wholly manage the Database during the Term of this Agreement. You further agree not to send, either directly or through any third party, any emails to the individuals whose information is contained in the Database, other than through the Services. You further agree not to disseminate the Database or any information contained therein for use by other individuals or vendors during the term of this Agreement, to ensure that opt-ins, updates and unsubscribes are maintained according to legal requirements and industry standards.
- Restrictions. During the Term Fishbowl will not use or disclose the Database for a purpose competitive with Client. Fishbowl will take reasonable steps to protect the Database from unauthorized disclosure. Fishbowl will not sell or distribute the Database to any third parties except vendors and contractors engaged by Fishbowl to provide the Services.
- Aggregated Data. Notwithstanding the foregoing, Fishbowl may use, store and distribute the results from a program or data from the Database in an aggregated form for comparative and marketing purposes. Fishbowl will not disclose any aggregated data that could identify the Client or a customer of Client. These restrictions will not apply to information Fishbowl obtains about a customer of Client in connection with its delivery of services to another client or through means unrelated to the services provided to Client hereunder.
List Collection Guidelines.
Fishbowl will transmit messages only to users who have opted-in to receive messages from you through the Services ("Customers"). "Opt-in" means making an affirmative action or statement consenting to receive messages from you though the Services. Customers may opt-in by: (i) completing a sign-up form; (ii) clicking a "yes" checkbox on a web page, or (iii) providing a business card in a receptacle that clearly communicates to the Customer that they are opting to receive email communications from you by supplying their business card. You may only send messages through Fishbowl to individuals or entities that have opted-in within the prior 6 months or to whom you have sent a message in the prior 6 months. You are not allowed to use any purchased, rented or third party lists. Fishbowl may refuse to send messages to Customers that have not, or that Fishbowl reasonably believes have not, opted-in to receive messages from you. Fishbowl reserves the right to request and inspect any or all materials, methods or evidence used in the Opt-in process to ensure that you are complying with relevant regulations and standards.
Compliance with Federal, State and International Laws.
You agree that your use of the Services will comply with all applicable laws and regulations. You agree not to use the Services to send messages which would violate any law or regulation, including, but not limited to United States laws such as the CAN-SPAM Act of 2003 and the Children's Online Privacy Protection Act [COPPA], state laws such as Utah’s and Michigan's Child Protection Registry laws), and all applicable international laws, including, but not limited to, European Data Privacy Laws, Canada’s Anti-Spam Legislation (CASL), Japan’s Law on Regulation of Transmission of Specified Electronic Mail and Mexico’s Federal Consumer Protection Law. It is your sole responsibility to seek the advice of your own legal counsel to ensure that your use of the Services does not violate any applicable law. You shall be solely responsible for any fees (e.g. monthly list cleansing fees) related to compliance with any laws and regulations. Without limiting the other statements in this Section 1.C., if you are located in the European Economic Area (EEA) and/or use the Services to send email to anyone in the EEA, you specifically confirm that in creating distribution lists, sending emails via the Services and collecting information as a result of those emails that (a) you will describe to your Customers how you plan to use their data, (b) you have complied with all applicable regulations related to data protection, electronic communications and privacy laws and (c) that you have the necessary permissions to receive and process data of, and send communications to, your Customers.
Social Media Authorization.
For any social media service (including but not limited to Facebook and Twitter) to which you provide Fishbowl with credentials or administrative rights, you certify that Fishbowl is your official representative authorized to take all actions reasonably necessary to publish updates to or install applications for said service. By providing these credentials or admin rights you thereby release Fishbowl of any liability arising out of or related to these actions. You reserve the right to change passwords and revoke these admin rights at any time, thereby suspending Fishbowl’s authorization.
Changes in Technology.
Fishbowl reserves the right to upgrade, add and modify software, databases and proprietary programming and code used to provide the Services as Fishbowl deems necessary in its sole discretion.
The fees charged by Fishbowl are exclusive of all taxes, levies or duties imposed by taxing authorities, and Client shall be responsible for payment of all such taxes, levies or duties. Client agrees that emailed invoices are sufficient for accounting purposes and that payment shall be made against emailed invoices.
You may cancel your service at any time with 30 days written notice of your intent to cancel. Upon such notice, you will owe Fishbowl for past amounts due plus the 30 day notice period. After this 30 days, you will no longer be obligated to pay Fishbowl for future services and Fishbowl will have no future obligations to deliver service.
All text, software (including source and object codes), visual, oral or other digital material, photographs, information, data, graphics and all other content of any description available on the Fishbowl web site (the “Web Site”), or included in the Services (collectively, the "Content"), and all copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Content (collectively, the "Intellectual Property Rights") are owned by Fishbowl, its suppliers, or its licensors, and are protected by copyrights, trademarks, service marks, international treaties and/or other applicable laws.
- You may only use the Content, Services, or Intellectual Property, or access the Web Site, as expressly permitted in this Agreement and for no other purposes.
- Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring upon you any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, laws or treaties.
- Furthermore, you may not use any of Fishbowl's trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to, or are associated with, you or are used with Fishbowl's consent, and you acknowledge that you have no ownership rights in and to any of these names and marks.
- All present and future rights in, and title to, the Services (including the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to Fishbowl for its exclusive use.
Grant of License.
As a User of the Services, Fishbowl grants you a personal, nonexclusive, nontransferable, non-assignable, revocable, limited license to access and use the Services as specified in this Agreement and the applicable user documentation.
Limitations on Use.
You may not use the Service or the Content for any illegal purpose.
- No hard copy or electronic duplication, transmission, redistribution, or publication of any Content is allowed other than in conjunction with your personal use, and you may not use or include any Content in any other print or electronic publication or service.
- You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Services or the Content, nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.
- You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Web Site or the Content without Company's prior written permission.
- You may not copy, modify, reproduce, download, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site or the Content, except to the extent permitted in this Agreement or the applicable user documentation.
- You may not upload to the Web Site any data, material, code, virus, or any other digital information that is intended to, or has the effect of, rendering all or parts of the Web Site or the Content ineffective, unavailable, or unusable, or which uses, or attempts to use, the Web Site for any purpose not intended by the Company.
- You may not use or otherwise export or re-export the Web Site or any portion thereof, or the Content or any software available on or through the Web Site, in violation of the export control laws and regulations of the United States of America or any other country with jurisdiction over you.
- You shall not alter or remove any trademark, copyright or other notice from any copies of the Content.
- Your violation of any of the foregoing provisions may result in civil or criminal liability.
You are solely responsible for your information and your use of the Services and warrant that you have all legal rights and licenses necessary for your use of Services, in particular with respect to any materials you upload to the Services.
In connection with the Services and Content, You shall not use the Services to send emails which:
- infringe on the intellectual property rights or privacy/publicity rights of any third party;
- violate any law or regulation;
- are defamatory, harmful to minors, or obscene;
- contain any viruses, or other computer programming routines or code that are intended to damage, detrimentally interfere with, surreptitiously intercept or appropriate any system, data, or personal information; or
- are false or misleading.
- You shall not use the Services to send emails, the subject lines of which are misleading in any way as to their nature, and shall ensure that the subject lines of all emails sent or proposed to be sent accurately reflect the content of such emails.
- You shall notify Fishbowl of all complaints regarding emails within 48 hours of receipt of such complaints.
- Linking. Fishbowl does not control the content of the web sites of third parties and is not responsible for any representations, advice or other assistance, or any errors or inaccuracies contained therein, that is shown on those web pages, or otherwise provided to Users or obtained from the third parties who own such web sites.
- Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Fishbowl is not responsible for, and assumes no liability for, any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by, nor does it reflect the belief of, Fishbowl. User hereby irrevocably waives any claim against Fishbowl in connection with any of the foregoing.
- Restrictions on Linking and Framing Activities. You may not, nor may you authorize, assist or enable a third party to, link to an internal or subsidiary page of the Web Site that is located one or several levels down from the Home Page ("deep linking" or "deep link"), or bringing up or presenting content of the Web Site within another Web site ("framing" or "frame").
- Errors and Corrections. Fishbowl does not represent or warrant that the Web Site or Services will be error-free, free of viruses or other harmful components, or that defects will be corrected; however, it will make reasonable efforts to correct any such problems if notified by a User. Such notice, with as much detail as possible, should be sent to firstname.lastname@example.org. Fishbowl does not warrant or represent that the Content will be correct, accurate, timely, or otherwise reliable. Fishbowl may make improvements or changes to its features, functionality or Content at any time.
- DISCLAIMER. THE WEB SITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. FISHBOWL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY OR INTEGRATION AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR COURSE OF PERFORMANCE.
- Internet. You acknowledge that Fishbowl provides the Services through the Internet, which is subject to outages and communication and data flow failures, interruptions and delays. You and your customers are responsible for acquiring and maintaining access to the Internet in order to access and use the Services. Fishbowl acknowledges that problems with the Internet, including equipment, software or network failures, impairments or congestion, or the configuration of Fishbowl's or your or a customer's system, may prevent, interrupt or delay the Services. Fishbowl will not be liable for any such delay, interruption, suspension or unavailability of email and web-based Services.
- Emails. You understand and agree that Fishbowl is not responsible for undelivered emails or for emails that do not appear in a customer's email window as previewed. You understand and agree that once emails are approved for delivery, you may not rescind or otherwise interrupt delivery of the emails.
- Maintenance. You and your customers acknowledge that unforeseen downtime and unscheduled remedial maintenance of Fishbowl's equipment, software and Internet access may interrupt the Services. Fishbowl will use reasonable efforts to minimize the duration and impact of any such occurrence on access to or use of the Services.
- Remedy. IF THE RESULTS OBTAINED FROM THE SERVICES ARE INACCURATE, INCOMPLETE OR ERRONEOUS DUE TO THE FAULT OF FISHBOWL, FISHBOWL'S SOLE OBLIGATION WILL BE TO REPERFORM THE SERVICES AT NO ADDITIONAL CHARGE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL FISHBOWL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE OR THE SERVICES. FISHBOWL DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, WEB SITE, CONTENT OR THIRD PARTY MATERIALS THEREIN INCLUDING, WITHOUT LIMITATION (A) ANY ERRORS IN, OR OMISSIONS FROM, THE WEB SITE AND THE CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES, TRANSLATIONS, AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THE WEB SITE, THE SERVICES OR ANY PORTION THEREOF; (D) YOUR USE OF, OR INABILITY TO USE, THE WEB SITE; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE; OR (F) ANY COMPUTER VIRUSES, "WORMS," OR "TROJAN HORSES," ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE WHICH IS ATTACHED TO, OR MADE A PART OF, THE WEB SITE BY ANY PERSON, GROUP, OR ORGANIZATION. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, FISHBOWL'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO FIFTY DOLLARS ($50 or £50).
- Unlawful Activity. Fishbowl reserves the right to investigate complaints or reported violations of the Agreement and to take any action Fishbowl deems appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User profiles, email addresses, usage history, posted materials, IP addresses and traffic information.
- Subcontractors. Fishbowl reserves the right to use third parties to provide any services to Fishbowl and/or you to enable Fishbowl to provide the Service.
- Remedies for Violations. Fishbowl reserves the right to seek any and all remedies available at law and in equity for violations of this Agreement including, but not limited to, the right to block access from a particular Internet address to the Web Site.
- Governing Law and Jurisdiction. This Agreement will be governed by the laws of the Commonwealth of Virginia, without regard to any conflicts of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of Fairfax County, Virginia and the U.S. District Court for the Eastern District of Virginia, Alexandria Division.
- Access and Use Outside the United States. Fishbowl does not represent that the Content, Services or the Web Site are appropriate for use in countries outside the United States. If you choose to access the Web Site from outside the U.S. or use the Services from outside the U.S. or use the Services to direct communications to Customers outside the U.S.), you are responsible for compliance with all applicable laws. Please see Section 1.C above for more details regarding compliance with applicable laws.
- Modifications to this Agreement. Fishbowl reserves the right to change this Agreement at any time. Updated versions of the Agreement will appear on the Web Site and are effective immediately. You are responsible for regularly reviewing the Agreement. Continued use of the Web Site and/or the Services after any such changes constitutes your consent to such changes.
- Headings. The section titles in the Agreement are used solely for the convenience of you and Fishbowl, and they have no legal or contractual significance.
- Survival. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
Fishbowl, Inc. 44 Canal Center Plaza Suite 500 Alexandria VA, 22314
Fishbowl Marketing LTD 24 Calonne Road London, SW19 5HJ
Last Updated: March 10, 2014