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 children 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."
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 passwordand 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.
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 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.
You agree that Blobfish Activity Hub will send instructions to the financial institution that issued your credit card to take payments from your card account in accordance with the terms of this agreement.
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.
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.
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.
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 firstname.lastname@example.org.
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.
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 __________; 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.
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.
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.
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.
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.
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:
BLOBfish Activity Hub LLC
Attn: Copyright Agent
34 Sunny Ridge Lane
Pittsboro, North Carolina 27312
HOW TO CONTACT US