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Terms of Service

The Fisheye Hub websites, related mobile applications, and services (collectively, the “Services”) are made available to you by Aryaa Associates Limited, with its address at Suite 126 Unit 3a, 34-35 Hatton Garden, Holborn, London, EC1N 8DX, subject to these Terms of Service (the “Terms”) and in accordance with the Fisheye Hub Privacy Policy (the “Privacy Policy”). More information about the Services may be found at https://www.fisheye Hub.com. You agree to comply with these Terms and any supplemental terms that Fisheye Hub makes available to you on the Services, which shall form part of the Terms.

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BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP”, OR ANY SIMILAR MECHANISM, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

 

This agreement was written in English, as that is the official language in use for the business conducted by the Fisheyehub.com

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If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is entirely binding on them. In such a case, the term “you” will refer to such an entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may apply to you.

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The agreement described in these Terms of Service, as listed by Fisheye Hub’s list of services offered, cannot be performed without Fisheye Hub processing data about you and other Fisheye Hub users, including your location data. Processing the data you share with Fisheye Hub, including location data, is essential to the Services we provide and a necessary part of our performance of the agreement we have with you.

 

Notice Regarding Dispute Resolution

These Terms contain provisions that govern how disputes between you and Fisheye Hub are resolved, including an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Fisheye Hub on an individual basis, unless you opt-out in accordance with the instructions below.

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Registration and Accounts

The Services are intended solely for persons who are 14 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

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To use the Services, you must register.

You agree to

(a) provide true, accurate, current and complete information about yourself (“Users Data”) and

(b) maintain and promptly update the Users Data. You agree that Fisheye Hub may use your Users Data to provide Services that you access or use and as otherwise outlined in these Terms.

 

If you provide any Users Data that is inaccurate or not current, or Fisheye Hub has reasonable grounds to suspect that such Users Data is inaccurate or not current, Fisheye Hub has the right to suspend or terminate your account and refuse current or future use of the Services.

 

In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction. You are solely responsible for maintaining the confidentiality of the password associated with your account and restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorised access to your account. However, we cannot guarantee the absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Fisheye Hub of any unauthorised use of your account or password or any other security breach and confirm that you understand all risks of unauthorised access to Users Data and any additional information or content you provide Fisheye Hub.

You may register for or log in to your account via a third-party network, such as Twitter, Facebook, Apple or Google. If you do so, you hereby authorise Fisheye Hub to pre-populate your account’s registration and other relevant information fields and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with such a third party's terms and conditions and policies.

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By virtue of these Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with your use of such Services.

 

Payments and Fees

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Payment

To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like AppStore or Google Play, or any other payment method made available by Fisheye Hub) (the “Payment Method”). If you provide your payment information, you authorise us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting https://Fisheye Hub.com. If you paid through Google Play or AppStore, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Fisheye Hub other than as outlined in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from the use of your Payment Method at the Services, please get in touch with us immediately via https://www.fisheyehub.com/contact-us.

 

Fees

To access certain functionality of the Services, you may be required to pay subscription fees, if and when this is an available feature. Subscription fees and any required taxes may be paid on a monthly or annual basis. All subscription fees are payable in advance. We will try and enable the payment of these subscriptions on our website to try and maintain a free download service at the mobile app stores. Users changing from monthly to annual subscriptions will have the annual rates take effect at the beginning of the next billing date. You agree to pay the subscription fees and other charges you incur in connection with your Fisheye Hub account, whether on a one-time or subscription basis. Fisheye Hub reserves the right to increase subscription fees, and any associated taxes, or to institute new fees at any time upon reasonable advance notice, as Fisheye Hub deems fit.

 

Auto-Renewal

As applicable, subscription fees will be billed automatically at the start of the monthly or annual period. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified. You may cancel your subscription at any time, as described below.

 

Cooling Off

If you reside outside the United States, you may be entitled to change your mind and receive a full refund within fourteen (14) days (the “Cooling-off Period”), provided that you have not logged in or otherwise redeemed or started to use any of the Fisheye Hub Services as a subscriber during the Cooling-off Period.

 

Cancellation

Cancellation of Subscription:

If you signed up on FisheyeHub.com, you may cancel your subscription by visiting your “Account” page (which will be made available after a paid-for service commences) and selecting “Downgrade”.  If you signed up through Google Play or AppStorestore, you may cancel your subscription by downgrading through the corresponding store. The cancellation of a subscription will be in effect at the end of your current billing cycle. Your account will remain and become a free subscription when your subscription ends. You can renew your subscription without opening a new account, although the subscription fees may have increased. You can delete your account at any time.

 

Free Trials

Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified by Fisheye Hub when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription before the end of the free trial period. Your Payment Method will be authorised for up to approximately one month of service when you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorisation; however, no charges will be made against the Payment Method unless you do not cancel before the end of your free trial period. You may cancel your subscription at any time by going to your account settings (which will be made available when the paid-for service begins).

 

Content and Conduct

Content

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via your Facebook profiler). Public segments and routes created by using the Services are not considered Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels are now known or later developed without compensation to you. This license ends when you delete your Content or your account.

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You understand that you, and not Fisheye Hub, are entirely responsible for all content you upload, post, email, transmit or otherwise make available via the Services. Fisheye Hub does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. In its sole discretion, Fisheye Hub may screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. By using the Services, you understand that you may be exposed to Content that is offensive, indecent or objectionable, through no fault of Fisheye Hub. Under no circumstances will Fisheye Hub be liable for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any  Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

You agree that Fisheye Hub is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Fisheye Hub, any Content will be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Fisheye Hub is not a confidential, fiduciary, or other types of a special relationship and that your decision to submit any Content does not place Fisheye Hub in a position that is any different from that held by members of the general public, including about your Content. Your Content will not be subject to any obligation of confidence on the part of Fisheye Hub other than as outlined in our Privacy Policy and your privacy controls, and Fisheye Hub will not be liable for any use or disclosure of any Content you provide.

 

Fisheye Hub Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. Fisheye Hub will maintain the privacy of such Content in accordance with your selection. However, if you do not elect to mark your Content as private or available for a limited group of Users, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on managing your privacy controls.

 

You permit us to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on Fisheye Hub services without compensation to you. For example, we may show your Fisheye Hub followers that you use a particular device, product, or service available from a brand that has paid us to display its ads on Fisheye Hub. You may adjust settings to prevent your profile name and photo from appearing in an ad.

Conduct

 

We expect you to honour the Fisheye Hub Community Standards. The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

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1. Copying, framing or mirroring any part of the Services;

2. Accessing the Services to monitor its availability, performance or functionality;

3. Permitting any third party to access the Services;

4. Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Fisheye Hub;

5. Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorised use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);

6. Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting an activity that results in the blocklisting or other blockage of Fisheye Hub internet protocol space;

7. Avoiding payment of charges or fees payable by you for the Services;

8. Committing any act that may be harmful to minors or a vulnerable community;

9. Distributing or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;

10. Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Fisheye Hub than a human can reasonably produce in the same time by using a conventional web browser;

11. Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

12. Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;

13. Using the Services for any inappropriate commercial solicitation purposes;

14. Accessing any content on the Services through any technology or means other than those provided or authorised by the Services;

15. Submitting to the Services or Fisheye Hub any personally identifiable information, except as necessary for the establishment and operation of your account;

16. Submitting to the Services or Fisheye Hub any information that may be protected from disclosure by applicable law;

17. Bypassing the measures, we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce rules on use of the Services or the content therein;

18. Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offence or give rise to civil liability;

19. Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or

20. Executing any network monitoring or running a network analyser or packet sniffer, or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

 

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray Fisheye Hub or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.

 

You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally or your right to use specific links or RSS feeds, at any time, with or without cause.

 

You understand that the use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While Fisheye Hub may recommend the equipment or materials of certain third party suppliers, Fisheye Hub shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

 

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

 

You represent and warrant that:

(i) you are authorised to create your account, whether individually or on behalf of an organisation;

(ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses outlined in these Terms;

(iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and

(iv) you agree to pay for all royalties, fees, and any other monies owed because of Content you post on or through the Services.

Interactions with Users

 

The Services function as a venue to connect users in a virtual information place. As a neutral facilitator, Fisheye Hub is not directly involved in the interactions between Users using the Services. As a result, Fisheye Hub has no control over the truth, accuracy, quality, legality, or safety of postings made by Users using the Services. Fisheye Hub shall have no responsibility to confirm the identity of Users. Fisheye Hub shall also have no obligation to confirm or verify the qualifications, background, or abilities of Users using the Services. You shall, at all times exercise common sense and good judgment when dealing with any Users using the Services.

 

If you elect to use our features to inform your contacts about the Services, track your activities via Fisheye Hub Beacon, or share your information with others, Fisheye Hub may require you to provide contact information. Fisheye Hub may contact that friend via a one-time email or text message. You represent that you are authorised to provide any third party contact information that you provide to Fisheye Hub, that you are authorised to use such information to contact (including for Fisheye Hub to contact on your behalf) the third party and that Fisheye Hub may process it under the Privacy Policy.

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Organisational use

Fisheye Hub creates and administers certain Organisations as part of the business services program. Fisheye Hub may choose to verify certain Organisations and place a badge on their profile page. We reserve the right to revoke or transfer ownership of Organisations, remove content, remove an Organisation’s verified status and badge, and remove an Organisation at any time. If you request a transfer of ownership of an Organisation, Fisheye Hub may require you to provide specific documentation.

 

If you, as a User or partner, create an Organisation on Fisheye Hub, you are responsible for ensuring that your Organisation:

 

(a) abides by these Terms of Service and our Community Standards;

(b) does not claim or suggest an affiliation with Fisheye Hub whether by using Fisheye Hub’s intellectual property or otherwise;

(c) has the right to use or post all Organisation content, third party or otherwise, including rights to use the name(s), logo(s), images, trademarks, trade dress, service marks, copyrights, or other intellectual property; and

(d) does not use the Organisation to advertise or promote any contests, sweepstakes, or other promotions. Organisation administrators as a result of this agree to indemnify and hold Fisheye Hub harmless from any claims arising out of your Organisation, including but not limited to claims of intellectual property infringement. 

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Third Parties

Third-party products and services may be made available now or in the future, and these Services shall be made and offered directly by the applicable third party, through our secure platform. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such a third party and not with Fisheye Hub. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services.

 

YOU AGREE THAT FISHEYE HUB SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

 

Fisheye Hub or third parties may provide links to other internet sites or resources through the Services. Fisheye Hub does not endorse and is not responsible or liable for any content, information, advertising, products or other materials from such sites or resources. You acknowledge and agree that Fisheye Hub is not responsible for the availability of such external sites or resources.

Electronic Communications

 

The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third-party service providers, advertisers, your personal contacts, other Users and/or Fisheye Hub. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Fisheye Hub provided the communication method. You further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as appropriate).

 

By using communications methods available on the Services, you agree that :

(a) all communications methods constitute public, and not private, means of communication between you and the other party or parties,

(b) communications sent to or received from third-party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Fisheye Hub (unless expressly stated otherwise by Fisheye Hub) and

(c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Fisheye Hub in any manner, though Fisheye Hub reserves the right to do so at any time at its sole discretion.

 

You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

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Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorised by Fisheye Hub or relevant third-party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

Fisheye Hub grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that Fisheye Hub provides.

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The term FISHEYE HUB, the Fisheye Hub logo and other Fisheye Hub logos and product and service names are the exclusive trademarks of and are owned by Fisheye Hub, and you may not use or display such trademarks in any manner without Fisheye Hub’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

Fisheye Hub reserves all rights not expressly granted hereunder.

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Claims of Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Fisheye Hub also reviews claims of trademark infringement. If you believe in good faith that materials hosted by Fisheye Hub infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

 

The notice must include the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works);

(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Fisheye Hub to locate the material on the Services;

(d) the name, address, telephone number, and e-mail address (if available) of the complaining party;

(e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that Fisheye Hub will not respond to complaints that do not meet these requirements.

 

If Fisheye Hub determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Fisheye Hub will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

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If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information:

(a) your name, address, and telephone number;

(b) the source of the content that was removed;

(c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error;

(d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which Fisheye Hub may be found, and that you will accept service of process from the person who provided the original complaint; and

(e) a physical or electronic signature (for example, typing your full name).

 

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html) in the United States of America, and any local laws as applicable in the UK and Europe, and should be sent to the identified entity below.

 

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the prevailing laws. Details of our office to Receive Notices of Claimed Infringement:

 

Aryaa Associates Limited
Suite 126 Unit 3a
Holborn, London,

United Kingdom

EC1N 8DX

support@FisheyeHub.com 

 

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Fisheye Hub a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Fisheye Hub any Feedback that you do not wish to license to us as set forth above.

 

Disclaimer of Warranties and Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. FISHEYE HUB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES ABOUT SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FISHEYE HUB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT:

(a) THE SERVICE WILL MEET YOUR REQUIREMENTS;

(b) YOUR CONTENT WILL BE AVAILABLE, OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

(c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;

(d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND

(e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

 

YOU EXPRESSLY AGREE THAT FISHEYE HUB IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD-PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF

 

(a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS,

(b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR

(c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.

 

SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES. YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND FISHEYE HUB.

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YOU EXPRESSLY AGREE THAT YOUR APP TRACKING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, CYCLING, RUNNING, OR FOLLOWING A FISHEYE HUB TRAINING PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF FISHEYE HUB OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

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YOU EXPRESSLY AGREE THAT FISHEYE HUB DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY A ORGANISATION ADMINISTRATOR.

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YOU EXPRESSLY AGREE TO RELEASE FISHEYE HUB, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR APP TRACKING ACTIVITIES AND/OR USE OF THE FISHEYE HUB WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY FISHEYE HUB TRAINING PLAN), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY FISHEYE HUB (INCLUDING, WITHOUT LIMITATION, ANY FISHEYE HUB TRAINING PLAN) WHILE ENGAGED IN APP TRACKING ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FISHEYE HUB HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

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BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

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FISHEYE HUB DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USERS ’ CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

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THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO FISHEYE HUB IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.

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YOU IRREVOCABLY AGREE THAT THE COURTS OF ENGLAND AND WALES SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE OR OTHERWISE SETTLE ALL AND ANY DISPUTES WHICH MAY ARISE OUT OF OR IN CONNECTION WITH SERVICES OFFERED BY FISHEYE HUB

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Indemnity

You agree to indemnify and hold Fisheye Hub and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your App Tracking activities which generate the Content you post or seek to post on the Services (including but not limited to, App Tracking activities in connection with any contests, races, group rides, or other events which Fisheye Hub sponsors, organises, participates in, or whose Services are used in connection with), your relation to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. The foregoing indemnification does not modify your rights with respect to Fisheye Hub if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

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Notice for California Users

Under California Civil Code Section 1789.3, California Services Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

 

Dispute Resolution

Arbitration

The parties shall use their best efforts to directly settle any dispute, claim, question, or disagreement through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the Fisheye Hub’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt-out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by the London Court of International Arbitration (LCIA) in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or policies governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court, provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent that the filing fee for the arbitration exceeds the cost of filing a lawsuit, Fisheye Hub will pay the additional cost. You and Fisheye Hub hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Fisheye Hub is a party to the proceeding. The London Court of International Arbitration (LCIA) will govern this dispute resolution provision. This provision applies to all users who live in the UK or outside the UK.

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The parties understand that absent this mandatory provision, and they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed litigation costs and that the right to discovery may be more limited in arbitration than in court.

 

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver outlined in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

Exception—Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within that court’s jurisdiction. For the purposes of legal jurisdiction, the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to hear and determine or otherwise settle all and any disputes which may arise out of or in connection with services offered by Fisheye hub.

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Thirty-Day Right to Opt-Out

You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions outlined in this section by sending written notice of your decision to opt-out to the following address: Fisheye Hub, Inc., Attn: Legal Department, 208 Utah Street, San Francisco, CA 94103, USA. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Fisheye Hub will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Fisheye Hub may terminate your use of the Services.

Choice of Law and Forum

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The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to hear and determine or otherwise settle all disputes that may arise out of or in connection with services offered by Fisheye hub.

Fisheye Hub Services are controlled from its offices within the United Kingdom. Fisheye Hub makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United Kingdom shall do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

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Termination

You agree that Fisheye Hub may immediately suspend or terminate your account and/or access to the Services under certain severe circumstances and without prior notice. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) the non-payment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made at Fisheye Hub’s sole discretion. Fisheye Hub shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Content and Conduct, Organisations, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Choice of Law and Forum, and General.

 

General

You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Fisheye Hub as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Fisheye Hub concerning your use of the Services. The failure of Fisheye Hub to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without the prior written consent of Fisheye Hub. In its sole discretion, Fisheye Hub has the right to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfil its duties and obligations under these Terms in connection with the Services. Fisheye Hub’s notice to you via email, regular mail or onscreen messages, posts, or links on the Services shall constitute as sufficient notice to you under the Terms. A printed version of the Terms and any information given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services

Specific provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages of the Services. Fisheye Hub reserves the right to update the Terms at any time and for any reason at its sole discretion. Fisheye Hub will notify you of any material changes to the Terms or any service or other Services features. You agree to be bound by the modified Terms by continuing to access or use the Services after we have provided you with notice of a modification. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

 

Fisheye Hub and its third-party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices at any time and at its sole discretion. The mobile application may download and install upgrades, updates, and additional features to improve, enhance, and further develop the Services. Fisheye Hub reserves the right to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Fisheye Hub shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

 

Support and Questions

We will respond to any questions regarding the Services and these Terms via support@fisheyehub.com

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©  2022 Fisheye Hub

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