TERMS OF SERVICE AGREEMENT
Welcome to the BlobFish
Activity Hub (“Service”). This Service
and the BlobFish websites, including at www.goBlobFish.com and www.BlobFishactivityhub.com (“Sites”), are provided and
operated by and on behalf of BLOBFISH Activity Hub LLC (BlobFish,
we, us or our).Our Service allows families and other users to register for
certain camps, activities, classes, lessons, and other events (“Activities”)
offered by third parties that have contracted with BlobFish
(“Activity Providers”) and to manage their registrations and Activities.
ACCEPTANCE OF
TERMS
We have put together this Terms of Service Agreement
(Agreement) so that you can understand your rights and obligations relating to
your use of the Service. This Agreement
is a legally binding agreement. PLEASE READ THIS AGREEMENT CAREFULLY. BY
ACCESSING, REGISTERING FOR USE OF THE SERVICE OR USING OUR SITES AND OUR
SERVICE, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED
HEREIN BY REFERENCE IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN
THIS AGREEMENT, YOU ARE NOT PERMITTED TO AND SHOULD NOT ACCESS OR USE OUR SITES
OR OUR SERVICE.
MODIFICATION OF
TERMS
We may modify the terms of this Agreement from time to
time as we deem appropriate, so you should review this Agreement frequently to
confirm the terms governing use of the Service. We will use reasonable efforts to notify
members of any material changes to this Agreement by posting a notice on the
Service. Your continuing use of the
Service after the effective date of the updated or modified Agreement shall
constitute your acceptance of the modified terms. If you become dissatisfied
with the Service or the terms of this Agreement, including any modifications in
the future, your remedy is to cease use of the Service and terminate your
registration and account.
DESCRIPTION AND
USE OF SERVICE
BlobFish offers an Integrated Solution for
Registration, Customer Management, Measurement, and Benchmarking for the camp
and activity provider industry and other small businesses (“Activity
Providers”). Individual and family users can use the Service for camp and
activity registration and management of their or their family’s camps and other
activities (“Activities”).
Any and all visitors to our Sites, whether they are
registered or not, shall be deemed as "users". Once an individual
registers for our Service, through the process of creating an account, the user
shall then be considered a "member."
Registration
To register and become a "member" of the
Service, you must be at least 18 years of age. When you register, BlobFish may collect information such as your name, e-mail
address, birth date, gender, mailing address, occupation, industry and personal
interests. You can edit your account information at any time. Once you register
with BlobFish and sign in to
our Service, you are no longer anonymous to us. Please review our Privacy
Policy carefully before registering.
You further hereby understand and agree to: a) furnish
factual, correct, current and complete information as may be requested by the
registration process, and b) maintain and promptly update your registration and
profile information in an effort to maintain accuracy and completeness at all
times. BlobFish reserves the right to suspend or
terminate the account of any member who has provided, or who BlobFish reasonably believes has provided, false, untrue,
inaccurate or incomplete information.
Members with a child or children under the age of 13
that wish to use the Service for their child’s registrations and permit their
child or children to access to the Service must create a "family"
account, certifying that the individual creating the "family" account
is of 18 years of age and the parent or legal guardian of all children under
the age of 13 registered under the "family" account. As the creator
of the "family" account, the member hereby grants permission for their
child or children to access and use the Service, including, but not limited to,
registrations and interactive portions of the Service. It is the member’s
responsibility to determine whether any of the Service is appropriate for their
child and monitor use of the Service by their child.
Member Account,
Username, Password And Security
When you set up an account, you are the sole
authorized user of your password and userid under
your account. You shall be responsible for maintaining the secrecy and
confidentiality of your password and for all activities that transpire on or
within your account, including any act or omission of any user(s) that access
your account information that, if undertaken by you, would be deemed a
violation of this Agreement. It shall be your responsibility to notify BlobFish immediately if you notice any unauthorized access
or use of your account or password or any other breach of security. BlobFish shall not be liable for any loss and/or damage
arising from any failure to comply with these terms. BlobFish
reserves the right to refuse any registration or account for any reason.
Registration
Activity
Members may use the Service to register with Activity
Providers for Activities for members and their families. BlobFish through
the Service will manage and process the registrations and applicable
registration fees for the Activity Providers (“Registration Fees”) which may
include a registration processing fee for each registration (“Processing
Fees”). You agree to pay all applicable
Registration Fees and Processing Fees for the Activities for which you register
as set forth on the Service. You agree
to provide current credit card or other payment processor account information
as applicable. You are responsible for
payment of any sales, use or other taxes resulting from your
registrations. By registering for any
Activities, you authorize us, and the applicable third party payment processor,
to process your payment of the Registration Fees and Processing Fees. You further understand and agree that if we
are unable to verify or authenticate any information you provide during any
registration process, including your payment information, your Activity
registration may not be processed or may be cancelled, and you hereby release
us from any liability for such failures of process or cancellations.
You understand and agree that certain Activity
Providers may request additional demographic or other personal information
during the registration process, including information required to determinate
financial aid or scholarship eligibility.
You agree that we may provide such information to the Activity Provider
and that we may use such information in accordance with our Privacy Policy.
Provision of such information is solely at your discretion and option, but you
understand that failure to provide such information may remove you from
consideration for financial aid, scholarships or other benefits from the
Activity Provider. BlobFish is not responsible for
and will not be liable for any use of such information by the Activity Provider
or your provision or failure to provide such information.
Cancellations of Registrations. You understand that each Activity Provider is
responsible for its own refund and cancellation policies and in no event will BlobFish be liable for any cancellation of an Activity by
an Activity Provider or the failure of any Activity Provider to refund your
Registration Fees. In the event BlobFish, at the
request of the Activity Provider or otherwise, processes any refund request or
if you request a refund or reversal of any credit card or other payment
directly from your processor, you agree that BlobFish
may retain its processing and handling fees and your refund will be less any
such amounts. You agree that you will not seek to cancel any Activity with an
Activity Provider other than in accordance with the Activity Provider’s policy
or with the consent of the Activity Provider. And you further agree that in the
event of any cancellation by you of your registration for any Activity with an
Activity Provider, or cancellation by the Activity Provider, if the Activity
Provider does not provide a refund to you in accordance with the Activity
Provider’s cancellation policies or otherwise, you will notify BlobFish prior to requesting reversal of any credit care or
other payment from the processor and work reasonably with BlobFish
to resolve such issue.
Conduct
Members agree to use the Service solely for their own
personal use. As a user or member of the Service, you herein acknowledge,
understand and agree that all information, text, software, data, photographs,
music, video, messages, tags or any other content that you provide, upload or
transmit to or through the Service, whether it is publicly or privately posted
and/or transmitted, is your sole responsibility. It is expressly understood
that by use of our Services, you may be exposed to content including, but not
limited to, any errors or omissions in any content posted, and/or any loss or
damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by BlobFish.
You shall not make any attempt to override or circumvent any of the security
features of the Service including accessing information or Service features for
which you do not have permission.
Furthermore, you herein agree not to make use of the
Service for the purpose of:
a)
uploading, posting, emailing, transmitting, or otherwise making
available any content that may be deemed unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or
invasive of another's privacy or which is hateful, and/or racially, ethnically,
or otherwise objectionable or promotes violence against any group or person;
b)
causing harm to minors or any other person or individual in any manner
whatsoever, including without limitation, by harassment, bullying, threats or
threatening speech or behavior, intimidation or stalking;
c)
impersonating any individual or entity, including, but not limited to,
any BlobFish officials, forum leaders, guides or
hosts or falsely stating or otherwise misrepresenting any affiliation with an
individual or entity;
d)
forging captions, headings or titles or otherwise offering any content
that you personally have no right to pursuant to any law nor having any
contractual or fiduciary relationship with;
e)
uploading, posting, emailing, transmitting or otherwise offering any
content that may infringe upon any patent, copyright, trademark, or any other
proprietary or intellectual rights of any other party;
f)
uploading, posting, emailing, transmitting, or otherwise offering any
unsolicited or unauthorized advertising, promotional flyers, "junk
mail," "spam," or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
g)
uploading, posting, emailing, transmitting, or otherwise offering any
source that may contain a software virus or other computer code, any files
and/or programs which have been designed to interfere, destroy and/or limit the
operation of any computer software, hardware, or telecommunication equipment;
h) disrupting the normal flow of
communication, or otherwise acting in any manner that would negatively affect
other users' ability to use the Service, or interfering with or disrupting the
Service or any of BlobFish’s servers and/or networks
that may be connected or related to our Sites or Service, including, but not
limited to, the use of any device software and/or routine to bypass the robot
exclusion headers;
i)
using any page-scraper, spider, robot or other automatic device or
methodology to access, acquire, copy or monitor any user information or content
on the Service or our Sites or collect, store or analyze any information about
other users of the Service;
j)
using the Service for illegal file sharing, violation of any laws, rules
or regulations, including privacy laws or security laws or offering any illegal
or prohibited articles, materials or information;
k) providing support or resources,
concealing and/or disguising the character, location, and or source to any
organization delegated by the United States government as a "foreign
terrorist organization" in accordance to Section 219 of the Immigration
Nationality Act; or
l)
otherwise exposing BlobFish or any other
member or use to any civil or criminal liability.
BlobFish reserves the right, but shall not
have any obligation, to pre-screen, refuse and/or delete any content currently
available through our Service. In addition, we reserve the right to remove
and/or delete any such content that would violate this Agreement or which would
otherwise be considered offensive to other visitors, users and/or members. BlobFish reserves
the right to access, preserve and/or disclose member account information and/or
content if it is requested to do so by law or in good faith belief that any
such action is deemed reasonably necessary for: a) compliance with any legal
process; b) enforcement of this Agreement; c) responding to any claim that any
content or information provided by the member is in violation of the rights of
any third party; d) responding to
requests for customer service; or e) protecting the rights, property or the
personal safety of BlobFish, its Activity Providers,
or its visitors, users and members or any other person or entity.
Donations to
Activity Providers
Certain of our Activity
Providers may use the Service to allow our members and users to make a
contribution to the Activity Provider organization using a third
party payment service for the Activity Provider (such as Stripe). By making a donation through use of the
Service, you acknowledge and agree that your donation or contribution is being
made directly to such Activity Provider and that BlobFish
does not and will not have access to or control of your funds. Deductions of charitable and other nonprofit
contributions is governed by Internal Revenue Service rules. You and the
Activity Provider are responsible for compliance with all laws and legal obligations
regarding charitable/nonprofit donations, receipts or other rules on such
transfers. BlobFish makes no representations as to
your legal rights or obligations or the Section 501(c)(3) or 501(c)(4) or other
legal status of the Activity Provider and by facilitating the contributions, BlobFish is not endorsing, sponsoring, recommending or
guaranteeing any statements by the Activity Provider. In the event that your
contribution is not used by the Activity Provider as represented, or otherwise
pursuant to your understanding or expectations, you understand that your
remedies lie with the Activity Provider and not BlobFish.
PROPRIETARY
RIGHTS
Member Content
A member shall retain ownership of any data or content
submitted by the member for use on the Service.
Each member hereby grants BlobFish a
worldwide, royalty-free and non-exclusive license, as applicable, to use,
reproduce, modify, distribute, perform, display, transmit and create derivative
works of such data or content provided by the member as necessary for provision
of the Service. You agree that the Service is not intended as a data backup or
storage service and you are responsible for backing up and maintaining your
data and information, including registration data.
Feedback
BlobFish may provide an area for our users
and members to contribute, or otherwise request through questionnaires, surveys
or email, feedback regarding BlobFish and the Service
including Activity Providers, the types of camps and activities made available,
user interface and other functions of the Service. When you submit any such
feedback, including any ideas, documents, suggestions and/or proposals
("Contributions") to us, you acknowledge and agree that: a) your
Contributions do not contain any type of confidential or proprietary
information; b) BlobFish shall not be liable or under
any obligation to ensure or maintain confidentiality, expressed or implied,
related to any Contributions; c) BlobFish shall be
entitled to make use of and/or disclose any such Contributions in any such
manner as it may see fit; d) the contributor's Contributions shall
automatically become the sole property of BlobFish;
and e) BlobFish is under no obligation to either
compensate or provide any form of reimbursement or attribution to the member in
any manner.
BlobFish Proprietary
Rights; License
You do hereby acknowledge and agree that the Service
and any essential software that may be used in connection with the Service
("Software") contains proprietary and confidential material that is
protected by applicable copyright and other intellectual property rights and
other laws. You acknowledge and agree that the Service, including its
underlying Software, are the sole property of BlobFish
and its licensors. The trademark BLOBFISH, BLOBFISH ACTIVITY HUB and GOBLOBFISH
are the trademarks of BlobFish. All rights in and to the Services, our Sites
and trademarks not expressly granted herein are reserved by us. Furthermore, you herein acknowledge and agree
that any content which may be contained or including in the Service, or in any
advertisements or information presented by and through our Service, is the
property of the respective owner.
As a member, you shall have a personal,
non-transferable and non-exclusive right and/or license to access and use the
Service solely for your own personal use.
You shall not, and shall not allow any third party to, duplicate, alter,
modify, create or plagiarize work from, reverse engineer, reverse assemble or
otherwise make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any such
right in the Service or its underlying Software. You also agree not to access
or attempt to access our Service through any means other than through the
interface which is provided by BlobFish (or its
authorized third party partners) for use in accessing
our Service. You agree not to replicate, duplicate, copy, trade, sell, resell
nor exploit for any commercial reason any part, use of, or access to the
Service or Sites.
MODIFICATIONS
TO THE SERVICE; MAINTENANCE
At its discretion, BlobFish
may modify or enhance the Service or its Sites, including any content or
functionality available on the Service, or the Activities and Activity
Providers. This Agreement shall apply to
modifications of the Services or Sites, provided, however that BlobFish reserves the right to include additional
restrictions or terms or charge additional fees for any new functionality or
services, or to establish additional rules, limits or policies regarding use of
the Service which may include storage limits or transaction limits. BlobFish reserves
the right to cancel and cease offering the Service or any specific functionality.
You, acknowledge, accept and agree that BlobFish
shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of the Service or any of its functionality. Your
continued use of the Service provided, after such posting of any updates,
changes, and/or modifications, shall constitute your acceptance of such
updates, changes and/or modifications.
We will make reasonable efforts to maintain the
Service availability. However, from time
to time and with or without notice, the Service may be unavailable so that we
may perform ongoing, scheduled or emergency corrections or upgrades; provided,
that if practicable, we will use good faith efforts to notify you in
advance.
TERM;
TERMINATION
The term of this Agreement shall continue for so long
as you use the Service and/or maintain your account, or until terminated as set
forth herein.
As a member, you may cancel or terminate your account,
associated email address and/or access to our Service by submitting a
cancellation or termination request to support@goBlobFish.com.
As a member, you agree that BlobFish
may, without any prior written notice, immediately suspend, terminate,
discontinue and/or limit your account, any email associated with your account,
and access to the Service, including for any of the following: a) any breach or
violation of this Agreement or any of BlobFish’s
rules, guidelines or policies; b) as requested or required by law enforcement
or any other governmental agencies; c) the discontinuance, alteration and/or
material modification to the our Service, or any part thereof; d) unexpected
technical or security issues and/or problems; e) any extended periods of
inactivity on your account, f) any engagement by you in any fraudulent or
illegal activities; and/or g) the nonpayment of any associated fees that may be
owed by you in connection with your account.
Upon termination of this Agreement, your right to
access to the Service will immediately cease and BlobFish
may terminate your use of the Service and remove or delete all information
under your account.
.
WARRANTY DISCLAIMERS
YOU HEREBY ASSUME ALL RISK OF USE OF THE BLOBFISH
SERVICE BY YOU. THE SERVICE IS PROVIDED ON AN "AS IS" AND/OR "AS
AVAILABLE" BASIS. BLOBFISH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
BLOBFISH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTIES THAT (i) THE SERVICE OR ANY
ACTIVITIES AVAILABLE FOR REGISTRATION THROUGH THE SERVICE WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; OR (iii) THAT ANY ERRORS ON THE SERVICE SHALL BE CORRECTED.
YOU UNDERSTAND THAT BLOBFISH DOES NOT SCREEN, SPONSOR,
ENDORSE, APPROVE, QUALIFY OR MONITOR THE ACTIVITY PROVIDERS OR THEIR
ACTIVITIES. PRIOR TO REGISTERING FOR ANY
ACTIVITY YOU ARE ENCOURAGED TO PERFORM YOUR OWN DUE DILIGENCE ON ANY ACTIVITY
PROVIDER AND THE ACTIVITIES IN WHICH YOU ARE INTERESTED TO DETERMINE THE
SUITABILITY, SAFETY, SECURITY AND QUALITY OF ANY ACTIVITY OR ACTIVITY PROVIDER.
BLOBFISH DOES NOT CONTROL ANY OF THE ACTIVITIES OR ACTIVITY PROVIDERS AND IN NO
EVENT WILL BLOBFISH BE LIABLE FOR ANY ACTIVITIES,
SERVICES OR ACTIONS OF AN ACTIVITY PROVIDER.
YOU MAY REPORT ANY NEGATIVE EXPERIENCE OR FEEDBACK REGARDING AN ACTIVITY
PROVIDER OR ACTIVITY TO US; PROVIDED, HOWEVER THAT BLOBFISH RESERVES THE RIGHT
TO INVESTIGATE OR TAKE ANY ACTION OR TO NOT INVESTIGATE OR TAKE ACTION WITH
RESPECT THERETO IN ITS SOLE DISCRETION.
LIMITATION OF
LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BLOBFISH
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU UNDER THIS AGREEMENT OR IN ANY WAY RELATED
TO THE SERVICE OR THE ACTIVITIES FOR WHICH YOU MAY REGISTER FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE
BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR. IN NO EVENT SHALL
OUR AGGREGATE LIABILITY TO ANY USER IN CONNECTION WITH THE SERVICE OR THIS
AGREEMENT EXCEED $50.00. You acknowledge, understand and agree that regardless
of any statute or law to the contrary, any claim or action arising out of or
related to the use of our Services or the TOS must be filed within 2 year(s)
after said claim or cause of action arose or shall be forever barred.
RELEASE
In the event you have a dispute with any Activity
Provider or any other user of the Service, you agree to release BlobFish (and its officers, directors, employees, agents,
parent subsidiaries, affiliates, co-branders, partners and any other third
parties) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected or unsuspected, disclosed and
undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND
LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
INDEMNITY
You agree to indemnify and hold BlobFish,
our subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or not liable for any claim or demand made by any third
party, and associated losses, costs and expenses (including reasonable attorney
fees) which may arise from your use of the Service, including any content you
may submit, post, modify, transmit or otherwise make available through our
Service, or any violation of this Agreement or applicable law, rule or regulation,
or with respect to any dispute between you and any camp or other activity
provider available through the Service.
NOTICES
BlobFish Activity Hub LLC may furnish you
with notices, including those with regards to any changes to this Agreement,
including but not limited to email, regular mail, MMS or SMS, text messaging,
postings on our Sites or the Service, or other reasonable means currently known
or any which may be hereinafter developed. Your acceptance of this Agreement
constitutes your agreement that you are deemed to have received any and all
notices that may be delivered to you through any such methods, including
electronic delivery.
ENTIRE
AGREEMENT
This Agreement, with our Privacy Policy, constitutes
the entire agreement between you and BlobFish
regarding use of the Service, superseding any prior version of this Agreement.
At any time, should BlobFish fail to exercise or
enforce any right or provision of this Agreement, such failure shall not
constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the Agreement remain in full force and effect.
You may also be subject to additional terms and
conditions that may apply when you use or purchase certain other BlobFish services, affiliate services, third-party content
or third-party software that may be offered through our Service or Sites.
CHOICE OF LAW
AND ARBITRATION
This Agreement shall be governed by the laws of the
state of North Carolina without regard to its conflict of law provisions. You
further agree that:
ANY CONTROVERSY OR DISPUTE BETWEEN BLOBFISH AND YOU
ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR YOUR USE OF THE SERVICE THAT
CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED
BY ARBITRATION. THE ARBITRATION SHALL BE BEFORE THE AMERICAN ARBITRATION
ASSOCIATION (THE "AAA"), IN RALEIGH, NC, AND SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF NORTH CAROLINA. ALL
NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE RULES
SET FORTH BY THE AAA. IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT DESIRES TO
SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH BY THE
AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE OTHER
PARTY AT LEAST TEN (10) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS
NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY),
AND THE REMEDY SOUGHT. YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE
PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS
A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO
A DISPUTE. THE PARTIES UNDERSTAND THAT
ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE PARTIES FURTHER UNDERSTAND
THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN
COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THIS PROVISION, THE
PARTIES AGREE THAT BLOBFISH MAY SEEK IMMEDIATE INJUNCTIVE RELIEF IN ANY COURT
HAVING JURISDICTION OVER THE SUBJECT MATTER OR PERSONS FOR WHICH RELIEF IS
SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR(S) MUST BE ENTERED AND
CONFIRMED EXCLUSIVELY IN ANY COURT HAVING JURISDICTION. ALL AWARDS SHALL BE MADE IN CONFORMITY WITH
THE AAA RULES AND THE PARTIES UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD
MONETARY DAMAGES AND ARE AUTHORIZED TO GRANT PRE-AWARD AND POST-AWARD INTEREST
AT COMMERCIAL RATES ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT THE
LIMITATION OF LIABILITIES SET FORTH HEREIN.
IF YOU DO NOT AGREE TO THESE ARBITRATION TERMS, YOU
MAY OPT-OUT OF SUCH ARBITRATION, BY SENDING A DETAILED OPT-OUT NOTICE TO THE
COMPANY AT support@GOBLOBFISH.com. SUCH NOTICE MUST BE RECEIVED WITHIN THIRTY
(30) DAYS OF YOUR INITIAL USE OF THE SERVICE.
YOUR NOTICE MUST INCLUDE YOUR NAME, YOUR USER NAME AND ACCOUNT, YOUR
ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS ASSOCIATED WITH YOUR COMPANY
ACCOUNT. You consent and submit to the sole jurisdiction and venue of the state
or federal courts of the state of North Carolina.
Attorneys Fees.
We shall be entitled to our reasonable costs and expenses (including
reasonable attorneys' fees) incurred in connection with the enforcement of
these Terms of Service against you.
ASSIGNMENT
You may not assign or transfer your account or any of
your rights or obligations under this Agreement. BlobFish
may assign this Agreement and its rights and obligations at any time without
restriction
COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
BlobFish respects the intellectual property
of others, and we ask that all of our users do the same. At our sole
discretion, BlobFish may disable and/or terminate the
accounts of any user who violates this Agreement and/or infringes the rights of
others. If you feel that your work has been duplicated in such a way that would
constitute copyright infringement, or if you believe your intellectual property
rights have been otherwise violated, you should provide to us the following
information:
a)
The electronic or the physical signature of the individual that is
authorized on behalf of the owner of the copyright or other intellectual
property interest;
b) A
specific description of the copyrighted work or other intellectual property
that you believe has been infringed upon;
c) A
specific description of the location on the Service or Site of the material
which you allege has been infringing upon the work;
d)
Your physical address, telephone number, and email address;
e) A
statement, in which you state that the alleged and disputed use of the work is
not authorized by the copyright owner, its agents or the law;
f)
And finally, a statement, made under penalty of perjury, that the
aforementioned information in your notice is truthful and accurate, and that
you are the copyright or intellectual property owner or a representative or
agent authorized to act on the copyright or intellectual property owner's
behalf.
The BlobFish Activity Hub
LLC Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
BlobFish Activity Hub LLC
Attn: Copyright Agent
34 Sunny Ridge Lane
Pittsboro, North Carolina 27312
Telephone: 9196423062
Email: ann@goBlobFish.com
HOW TO CONTACT
US
If you have any questions
regarding the terms of this Agreement, you may contact us at support@goBlobFish.com