We automatically gather certain information about the use of the Site, such as how frequently certain areas of the Site are visited. If you subscribe to FISH THIS® and/or place an order through the Site, we will ask you for your name, e-mail address, shipping address, telephone number and credit card information. We use this information to process and fulfill your order and to notify you of your order status. All archived credit card information is maintained in a secure and safe environment. Telephone numbers and e-mail addresses are used to contact you regarding your order. FISH THIS® will never sell, rent or share your personal information, including your e-mail address, with any third parties for marketing purposes without your express permission. If you decide to save your order information you will be creating an account that includes a personal password. Please safeguard your password and other personal information. You may be liable for unauthorized use of our Web site, as well as have your private information used by others.
In connection with their performance of services to maintain and operate the Site and certain features on the Site, certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.
We reserve the right to disclose information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk reduction.
We use non-personally identifiable information in the aggregate, so that we can improve the Site and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information. If you submit your email address to be added to a mailing list, we will use the email address for the sole purpose of sending you announcements, special offers from FISH THIS® and other partners along with site updates. Each email we send will contain information on how to unsubscribe from our mailing list. You can also unsubscribe by sending an email to email@example.com.
We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
The Site encrypts your credit card number and other personal information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. In addition, only those employees and third parties who need access to you information in order to perform their duties are allowed such access.
Children's Privacy and Parental Controls
We do not solicit any personal information from children. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors. FISH THIS® is not responsible for orders or personal information submitted by minors without the consent of their parents.
Terms & Conditions
Terms & Conditions
Terms & Conditions
General Terms & Conditions
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
- Eligibility: Sweepstakes (the "Sweepstakes") is open to the legal residents of the USA who are at least 13 years old at the time of entry. Employees of FISH THIS (the "Sponsor"), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of FISH THIS, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.
- Sweepstakes Period: See the sweepstakes for specific details on the sweepstakes period.
- How to Enter: The Sweepstakes must be entered through Facebook using the Like for the Sweepstakes post. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of FISH THIS. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of FISH THIS.
- Prizes: You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. Actual/appraised value of a prize may vary depending on the prize offered. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for FISH THIS to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via Facebook to the Facebook account they entered the Sweepstakes with within five (5) days following the winner selection. FISH THIS shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by you: By entering this content you understand that FISH THIS, anyone acting on behalf of FISH THIS, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
- Terms: FISH THIS reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, FISH THIS may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by FISH THIS. FISH THIS reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
- Limitation of Liability: By entering you agree to release and hold harmless FISH THIS and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
- Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF USA AND PENNSYLVANIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Texas having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
- Sponsor: The Sponsor of the Sweepstakes is FISH THIS, http://www.fishthispa.com.
- This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google.
- By entering this sweepstakes, you agree to a complete release of Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google from any or all liability in connection with this sweepstakes.
FISH THIS has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, FISH THIS reserves the right to seek damages from any such person to the fullest extent permitted by law.
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site.
We require all users to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity.
- Posting any information which is untrue, inaccurate or not your own.
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation.
- Attempting to interfere in any way with the Site’s or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies and membership reward programs (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of FISH THIS® or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. FISH THIS® logos are registered trademarks of Northeast Land Management, LLC. All other trademarks are the property of their respective owners. All of our Site’s content is Copyright 2014 FISH THIS. All rights reserved.
We strive to ensure that all information is correct, complete and reliable across our entire site. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability.
FISH THIS® does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant FISH THIS® a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant FISH THIS® the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. FISH THIS® will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
The materials on the Site are provided “as is”. FISH THIS® makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. FISH THIS® does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials provided on this site.
In no event shall FISH THIS® its affliates or any of their officers or employees be liable to any user or entity based on the Site. You hereby acknowledge that the preceding statement shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third-party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.