|
 |
|
|
| |
Terms
and Conditions
Thank you for visiting FishEyeCharter.com.
PLEASE COMPLETELY READ THESE TERMS OF USE BEFORE
USING THIS SITE.
By using this site, you signify your agreement to these terms
of use. If you do not agree to these terms of use, please do
not use the site. FishEyeCharter.com reserves the right,
at its discretion, to add, change, modify, or remove portions
of these terms at any time. Please check these terms regularly
for changes. Your continued use of FishEyeCharter.com following
the posting of any changes to these terms will mean you accept
those changes.
By using this site you expressly agree that use of FishEyeCharter.com
is at your sole risk. Neither FishEyeCharter.com, nor its
affiliates, nor any of its officers directors, or employees,
agents, third-party content providers, licensers, sponsors,
merchants, or the like, warrant that FishEyeCharter.com
will be uninterrupted or error-free; nor do they make any warranty
as to the results that may be obtained from the use of FishEyeCharter.com
and its services, or as to the accuracy, reliability, or currency
of any information content, service, or merchandise provided
through FishEyeCharter.com.
DISCLAIMER
FishEyeCharter.com is provided on an "as is,"
"as available" basis without warranties of any kind,
either expressed or implied, including but not limited to warranties
of title or implied warranties of merchantability or fitness
for a particular purpose. No oral advice or written information
given by FishEyeCharter.com nor its affiliates, nor any
of its officers, directors, employees, agents, providers, merchants,
sponsors, licensers, or the like, shall create a warranty; nor
shall you rely on any such information or advice.
Under no circumstances shall FishEyeCharter.com or any
other party involved in creating, producing, or distributing
FishEyeCharter.com be liable for any direct, indirect,
incidental, special, or consequential damages that result from
the use of or inability to use FishEyeCharter.com, including
but not limited to reliance by you on any information obtained
from FishEyeCharter.com or that result from mistakes, omissions,
interruptions, deletion of files or email, errors, defects,
viruses, delays in operation or transmission, or any failure
of performance, whether or not resulting from acts of God, communications
failure, theft, destruction, or unauthorized access to FishEyeCharter.com's
records, programs, or services. You hereby acknowledge that
this paragraph shall apply to all content, merchandise, and
services available through FishEyeCharter.com. Due to the
fact that some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such
states liability is limited to the fullest extent permitted
by law.
Information on this web site may contain technical inaccuracies
or typographical errors. Information may be changed or updated
without notice. FishEyeCharter.com may also make improvements
and/or changes in the products and/or the programs described
in this information at any time without notice.
FishEyeCharter.com does not want to receive confidential
or proprietary information from you through our web site or
e-mail addresses. Please note that any information or material
sent to FishEyeCharter.com or any of its related sites,
services, or e-mail addresses will be deemed NOT to be confidential.
By sending FishEyeCharter.com any information or material,
you grant FishEyeCharter.com an unrestricted, irrevocable
license to use, reproduce, display, perform, modify, transmit
and distribute those materials or information, and you also
agree that FishEyeCharter.com is free to use any ideas,
concepts, know-how or techniques that you send us for any purpose.
FishEyeCharter.com makes no representations whatsoever
about any other web site which you may access through this one.
When you access a non-FishEyeCharter.com web site, please
understand that it is independent from FishEyeCharter.com,
and that FishEyeCharter.com has no control over the content
on that web site. In addition, a link to a non-FishEyeCharter.com
web site does not mean that FishEyeCharter.com endorse
or warrants in any way whatsoever or accepts any responsibility
for the content, or the use, of such web site. It is up to you
to take precautions to ensure that whatever you select for your
use is free of such items as viruses, worms, trojan horses and
other items of a destructive nature. By using a hyperlink on
the FishEyeCharter.com web site you agree to accept full
responsibility for use of the hyperlink.
LIMITATION
OF LIABILITY
Under no circumstances whatsoever shall FishEyeCharter.com
be liable for any loss of data, lost profits or any damages
including, without limitation, any indirect, special, incidental,
consequential or other damages that result from the use of,
or inability to use, the materials in this site, even if FishEyeCharter.com
or a FishEyeCharter.com authorized representative has been
advised of the possibility of such damages. Applicable law may
not allow the limitation or exclusion of liability or incidental
or consequential damages, so the above limitation or exclusion
may not apply to you. Notwithstanding the foregoing, in no event
shall FishEyeCharter.com's total liability to you for all
damages, losses, and causes of action (whether in contract,
tort (including, but not limited to, negligence) or otherwise)
exceed the amount paid by you, if any, for accessing this site
or any of its products or services. By using this site you agree
to hold FishEyeCharter.com harmless in all capacities to
the fullest extent allowable by law.
CONTENT
PROPRIETARY RIGHTS
You("User") acknowlege that FishEyeCharter.com
contains information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, and other material (collectively
"Content") that are protected by copyrights, trademarks,
trade secrets, or other proprietary rights, and that these rights
are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright laws, and FishEyeCharter.com
owns a copyright in the selection, coordination, arrangement,
and enhancement of such Content. User may not modify, remove,
delete, augment, add to, publish, transmit, participate in the
transfer or sale of, create derivative works from, or in any
way exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, User may make copies of select portions
of the Content, provided that the copies are made only for User's
personal use and that User maintains any notices contained in
the Content, such as all copyright notices, trademark legends,
or other proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107),
User may not upload, post, reproduce, or distribute in any way
Content protected by copyright, or other proprietary right,
without obtaining permission of the owner of the copyright or
other propriety right. In addition to the foregoing, use of
any software Content shall be governed by the software license
agreement accompanying such software.
THIRD
PARTY CONTENT
FishEyeCharter.com has no editorial control over third
party content. Any opinions, advice, statements, services, offers,
or other information that constitutes part of content expressed
or made available by third parties, including providers, merchants,
sponsors, licensers, or any other user of FishEyeCharter.com,
are those of the respective authors or distributors and not
of FishEyeCharter.com or its affiliates or any of its officers,
directors, employees, or agents. Neither FishEyeCharter.com
nor its affiliates, nor any of its officers, directors, employees,
or agents, nor any third party, including any provider, merchant,
sponsor, licenser, or any other user of FishEyeCharter.com,
guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular
purpose. In many instances, the content available through FishEyeCharter.com
represents the opinions and judgments of the respective provider,
merchant, sponsor, licenser, or user not under contract with
FishEyeCharter.com.
FishEyeCharter.com neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice, or statement
made on FishEyeCharter.com by anyone other than authorized
FishEyeCharter.com employees. Under no circumstances shall
FishEyeCharter.com, or its affiliates, or any of its officers,
directors, employees, or agents be liable for any loss or damage
caused by a user's reliance on information obtained through
FishEyeCharter.com. It is the responsibility of user to
evaluate the information, opinion, advice, or other content
available through FishEyeCharter.com.
DISTRIBUTION
OF THIRD PARTY CONTENT
Except as set forth in CONTENT PROPRIETARY RIGHTS above, you
may upload to or otherwise distribute on FishEyeCharter.com
only Content that is not subject to any copyright or other proprietary
rights protection (collectively, "Public Content"),
or Content in which the author has given express authorization
for distribution on the World Wide Web. Any copyrighted or other
proprietary Content distributed with the consent of a copyright
owner should contain a phrase such as "Copyright, owned
by [name of owner]; used by permission." The unauthorized
submission or distribution of copyrighted or other proprietary
Content is illegal and could subject the you to criminal prosecution
as well as personal liability for damages in a civil suit. You,
not FishEyeCharter.com, nor its affiliates, nor any of
its officers, directors, employees, agents, Merchants, Providers,
Sponsors, Licensers, or the like, will be liable for any damage
resulting from any infringement of copyrights or proprietary
rights, or from any other harm arising from such submission.
By submitting Content to any User-submit areas, User automatically
grants, or warrants that the owner of such Content has expressly
granted FishEyeCharter.com the royalty-free, perpetual,
irrevocable, nonexclusive right and license to use, reproduce,
publish, translate, sublicense, copy, and distribute the Content
in whole or in part worldwide and/or to incorporate it in other
works in any form, media, or technology now known or hereafter
developed for the full term of any copyright that may exist
in such Content. User also permits any other User to access,
store, or reproduce the Content for that User's personal use.
Subject to this grant, the owner of Content placed on FishEyeCharter.com
retains any and all rights which may exist in such Content.
FishEyeCharter.com's RIGHTS
FishEyeCharter.com's rights include but are not limited
to the below paragraphs.
FishEyeCharter.com may elect to monitor any areas of the
site or any of its services and may disclose any content, records,
or electronic communication of any kind to satisfy any law,
regulation, or government request or if such disclosure is necessary
or appropriate to operate FishEyeCharter.com or to protect
the rights or property of FishEyeCharter.com, its visitors,
sponsors, providers, licensers, or merchants.
FishEyeCharter.com is not responsible in any way whatsoever
for screening, policing, editing, or monitoring such content.
If notified of allegedly infringing, defamatory, damaging, illegal,
or offensive content, FishEyeCharter.com may investigate the
allegation and determine in its sole discretion whether to remove
or request the removal of such content from FishEyeCharter.com.
FishEyeCharter.com reserves the right to prohibit conduct, communication,
or content that it deems in its sole discretion to be harmful
to individual users,
FishEyeCharter.com, or any rights of FishEyeCharter.com
or any third party, or to violate any applicable law. Notwithstanding
the foregoing, neither FishEyeCharter.com nor its providers,
merchants, sponsors, or licensers can ensure prompt editing
or removal of questionable content after online posting. Accordingly,
neither FishEyeCharter.com, nor its affiliates, nor any
of its officers, directors, employees, or agents, nor provider,
merchant, sponsor, or licenser shall assume liability for any
action or inaction with respect to conduct communication, or
content on FishEyeCharter.com.
OTHER
This agreement shall be governed by and construed in accordance
with the laws of California without regard to choice of law
rules. If any provision of this agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall
be deemed severable from this agreement and shall not affect
the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating to
the subject matter herein and shall not be modified except in
writing, signed by both parties.
TERMINATION
OF THIS AGREEMENT
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying
all materials obtained from FishEyeCharter.com, along with
all related documentation and all copies and installations.
FishEyeCharter.com shall have the right to immediately
terminate this Agreement with respect to any user which FishEyeCharter.com,
in its sole discretion, considers to be unacceptable, or in
the event of any breach by you of this Agreement. FishEyeCharter.com
may terminate this agreement at any time and without notice
to you. Upon termination, you must destroy all materials received
from FishEyeCharter.com.
In addition, by providing material on our web site, we do not
in any way promise that the materials will remain available
to you. FishEyeCharter.com is entitled to terminate all
or part of any of its site or services at any time, without
notice to you.
ACKNOWLEDGMENT
This Agreement represents the entire understanding between you
and FishEyeCharter.com regarding your relationship with
FishEyeCharter.com and supersedes any prior statements
or representations. You signify your assent to be bound by this
agreement by using the FishEyeCharter.com web site.
FishEyeCharter.com is an entity of Fish Eye Pte Ltd. |
|
| |
|
|
|
