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Terms Of Service


Terms of Usage:

These Terms and Conditions of Use (the ?Terms of Use?) apply to the Ooftish Inc., web site located at ooftish.com, and all associated sites linked to ooftish.com by Ooftish Inc.,, its subsidiaries and affiliates, including Ooftish Inc., sites around the world (collectively, the ?Site?). The Site is the property of Ooftish Inc., and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Ooftish Inc., reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Ooftish Inc., grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Trademarks:

You acknowledge that the Content includes certain trademarks and service marks owned by Ooftish, Inc, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks and service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "OOFTISH, INC" name and logo are trademarks of Classified Ventures. Other services and company names herein may be trademarks of their respective owners.

Copyright:

All content on this site are protected by copyright and may not be copied without the express permission of Ooftish, Inc, which reserves all rights. Re-use of any of Ooftish, Inc editorial content online for any purpose is strictly prohibited.

Limitation of Liability

To the full extent permitted by law, ooftish inc., is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the website, even if ooftish inc., has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from the website; (c) statements or conduct of any third party on the website, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information you may download, use, modify or distribute.

To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.

Third party:

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

Monitoring:

Ooftish Inc., shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by Ooftish Inc., from time to time. Ooftish Inc., shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, Ooftish Inc., shall have the right, but not the obligation, to remove any material that Ooftish Inc., in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Ooftish Inc., users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither Ooftish Inc., nor any of its affiliates shall assume or have any liability for any action or inaction by Ooftish Inc., with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.

Account:

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Ooftish Inc., immediately of any unauthorized use of your account or any other breach of security. Ooftish Inc., will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Ooftish Inc., or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Content:

All uploaded, submitted or otherwise disclosed or distributed Content of any kind or on the Site or otherwise through the Services (including, but not limited to, user generated Content), unless source quoted, hereby falls under the Ooftish Inc.,

User Conduct and Obligations:

You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

  1. upload, post or otherwise transmit through or to this website any content that:



    1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;



    2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;



    3. contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;


  2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;



  3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;



  4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;



  5. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields;



  6. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website;



  7. redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;



  8. intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data; and



  9. embed or import any financial data provided by us into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems.

By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy."

No Resale of Service:

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service

Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the General Counsel, Ooftish Inc., "604 Williston Court, Lawrenceville, Georgia, 30044, USA

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and ooftish Inc govern your use of our sites, superseding any prior agreements that you may have with us.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.


 

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