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(Last updated on May 9, 2010)

Introduction You Must Be 21 Or Older And Single Restriction Of Access To Minors This Website Is For Your Personal Use Only Service Features Providing Accurate Data To Us And Opting-Out FishPrintSM Submissions No Criminal Background Or Identity Checks Are Performed By Us Highlighted Profiles On Catch Of The DaySM and StarFish ProfilesSM Respecting Our Intellectual Property Rights Rights You Give Us To Use Your Information And Ideas Single Status Of Attendees At Events And Members Matching And Searching Features Of The Website Matching At Events Photography At Events Legal Notices And Privacy Policy Account Access And Security Dating Safety Prohibited Conduct Consequences of Violations Reporting Abuse Special Rules For Chat Rooms, Blogs And Forums Our Right To Delete Certain Content You Post Our Right To Limit Your Contact With Other Members Blocking Of IP Addresses Canceling Your Membership And Removal From Our Mailing List Links To Third Party Websites Response Time No Reliance Hosting Export Controls Indemnification Release Any Advice Provided Is For Information And Entertainment Purposes Only Technical Failures Limitation Of Actions No Warranties Limitations On Liability Governing Law Complaints And Disputes Headings No Waiver Severability Surviving Provisions After Termination or Cancellation Assigns Third Party Beneficiaries Future Changes To These Terms Void Where Prohibited Entire Agreement

Introduction

New Amsterdam Ventures, LLC (sometimes referred to herein as the "Company") makes available on the World Wide Web, at www.FishInTheSea.com, this website (the "Website") and the information and materials on this Website (together, the "Materials"). The Website and the Materials are for single adults and for no other person or entity. You are granted only a limited license to use the Website and Materials, as set forth in the Legal Notices section of this Website.

By using this Website, you agree to be bound by these Terms and Conditions (the "Terms"). Capitalized terms are defined in these Terms. You may receive a copy of these Terms by emailing us at: postmaster@FishInTheSea.com and indicating on the subject line "Request Copy of Terms". These Terms constitute a legal and binding agreement.

When you utilize this Website and the Materials, you agree that, for all purposes connected with this Website and the Materials, you are interacting with a United States company. The Company does not intend to be bound by any jurisdiction's laws outside of the United States. Laws in the United States may be more or less protective than the laws of your country, if you are located outside of the United States.

DO NOT USE THIS WEBSITE AND THE MATERIALS UNLESS YOU ARE WILLING TO BE BOUND BY THESE TERMS.

You Must Be 21 Or Older And Single

In order to sign-up to use this Website and the Materials, including, but not limited to, posting your profile and photos and contacting other members, receiving information about singles events we are sponsoring, receiving FishPrintSM, our periodic newsletter, being notified of additional features that we add to the Website and registering for and attending any of our events, you must be at least 21 years old and single. You may not utilize this Website and the Materials if you are married, unless you are separated from your spouse (whether or not legally separated). The responsibility for ensuring compliance with the laws of your jurisdiction shall be yours alone. By submitting an order for products or services from us, whether or not such services are free, you represent and warrant that you have the legal right to receive such goods or services. By using the Website and the Materials and any of the Company's products and services, you represent and warrant that you have the right, authority and capacity to abide by all of the terms and conditions set forth in these Terms and that you will abide by all of them.

Restriction Of Access To Minors

This Website and the Materials may not be appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software or filtering services) are commercially available. We will not knowingly collect information from minors, as stated in our Privacy Policy. You are entirely responsible for your children's use of the Internet to access this Website and the Materials and to access any of our products and services.

This Website Is For Your Personal Use Only

The Website and the Materials are for the personal use of individuals only and may not be used in connection with any commercial endeavors. No commercial business or not-for-profit organization may sign-up on the Website or use the Website or the Materials for any purpose, unless special permission to do so is obtained in writing from the Company.

You may not authorize others to use your membership account. As a member, you may not assign or otherwise transfer your membership to another person. You may not authorize others to use any tickets you purchase for our singles events. Refunds will be issued only in accordance with the Company's Payments policy.

As a subscriber to FishPrintSM, our periodic newsletter, or otherwise, you may not assign or otherwise transfer your subscription to another person, and you may not forward copyrighted information you receive from the Company to others, except where "Refer A Friend", "Send This To A Friend" or other such option is provided by the Company. For more information on our copyrighted materials, please review our Legal Notices.

You are responsible for logging out of your computer to prevent unauthorized access to information you may receive from the Company.

Service Features

Depending on your level of membership, some of the features of the Website may not be available to you. The Company, in its sole discretion, determines what features are available and may add or discontinue any features of the Website at any time or make certain Materials available or discontinue access to certain Materials at any time. Should certain features not be accessible and you receive an error message, please refer to the F.A.Q. section or write to us at questions@FishInTheSea.com and put in the subject line "Service Features", if you have any questions concerning these features. The Company reserves the reserves the right to charge for any and all of its products and services, including, but not limited to, membership services, at any time; we generally do charge an admission fee to attend our Events. Refer to our Payments section for additional information.

Providing Accurate Data To Us And Opting-Out

In order to use the members' only features of this Website and the Materials, to be notified as we launch additional features, to receive information about singles events we are sponsoring and to receive FishPrintSM, our periodic newsletter, you will be required to provide certain information to us. In addition, to register for events that we are sponsoring, you will be required to provide certain information to us. In consideration of your usage of the Website and Materials, you represent and warrant that: (a) the information you will provide to the Company about yourself is true, accurate, current and complete (except for optional items, which must also be true, accurate and current) as required by any data collection forms (the "Data") and (b) you will maintain and promptly update the Data to keep it true, accurate, current and complete (except for optional items, which must also be kept true, accurate and current), in connection with your use of the Website and the Materials and any of our products and services, including, but not limited to, your attendance at events we host and your ability to post your profile and photographs and contact other members. If you provide any information that is untrue, inaccurate or not current or is incomplete for required items, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current and/or incomplete, the Company has the right to delete your information from our database, suspend or terminate your membership; suspend or terminate any subscriptions or mailings we would otherwise provide; refuse or permit your registration for, or your admittance to, our events; and refuse to permit your current or future use of the Website and Materials and provide any access to any of the Company's other products and services. If you no longer want to be a member after joining, you may request that your membership be canceled; please refer to the section of these terms entitled Canceling Your Membership below.

With regard to any materials that you send to another person or entity from or through this Website through the use of such features as "Send To A Friend", "Refer A Friend" or any other similar features, you represent and warrant that you know such other person or entity personally and that such contact does not constitute spim, spam or other unacceptable usage.

Your use of this Website and the transfer of information to and from this Website are subject to our Privacy Policy. You may edit, update, alter or delete your personally identifiable information from our active database at any time by following the instructions located in the Privacy Policy.

FishPrintSM Submissions

We welcome your stories, original artwork, photographs, ideas and other creations for FishPrintSM, our periodic newsletter. Please note, however, that you will not become a featured writer or otherwise a recognized contributor of FishPrintSM by making such submissions. Recognition of your submissions is solely at our discretion. For information about our rights in and to the work you submit to us, see Rights You Give Us To Use Your Information and Ideas.

No Criminal Background Or Identity Checks Are Performed By Us

We do not conduct criminal background or identity checks on our members. We do not represent or warrant that anyone signing up to be a member of our Website is who they say they are. We do not represent or warrant that those who have signed up to be members of our Website do not have any criminal history, including, but not limited to, criminal activity of a violent or sexual nature.

You assume all of the risk of interacting with members of this Website. For more information, please refer to the sections entitled Single Status Of Members and Dating Safety below and our Safety Tips section of this Website.

Highlighted Profiles On Catch Of The DaySM and StarFish ProfilesSM

In our Catch Of The DaySM and Starfish ProfileSM features, we highlight 2 profiles - a male and a female profile. For Catch Of The DaySM, photos are shown on our home page and by clicking on the photo, users can view the person's profile. For Starfish ProfilesSM, photos are shown on FishPrintSM and by clicking on the photo, users can view the article in FishPrintSM that features that person.

All members with profiles are eligible to be considered for presentation on our home page in our Catch Of The DaySM section or to be written about in FishPrintSM as one of our Starfish ProfileSM.

Highlighting individual members' profiles in these ways does not constitute an endorsement of the members that are featured. We remind you that we do not perform background checks on our users, and anyone highlighted in our Catch Of The DaySM feature or in our Starfish ProfilesSM is not endorsed by us in any way as a "great catch" for you. You need to do your own due diligence about any of the people you meet through our Website to determine whether to interact with that person on-line or off-line. We encourage you to review Dating Safety below and our Safety Tips available on our website for more details.

Respecting Our Intellectual Property Rights

You agree to respect the Company's intellectual property rights for the Website and the Materials and those of third parties that have provided licenses to the Company in connection with the Software (as defined below) and any licensed materials that are used in connection with this Website and the Materials. Please refer to the Legal Notices section of this Website for more information on our and our licensors' intellectual property rights.

Rights You Give Us To Use Your Information And Ideas

All information and content you enter into this Website or otherwise provide to the Company, including, but not limited to, the Data and other information you provide during the sign-up process or in any updates to your profile, any blog postings, any Fish ForumSM postings, your stories, artwork, photographs, ideas, suggestions and other creations by you for your profile or otherwise for this Website (collectively, "Your Submissions") will continue to be yours; you will retain all intellectual property and other ownership rights in and to Your Submissions. However, you agree to provide to the Company (and its successors and assigns) a license for Your Submissions as set forth below. Please note, however, that you will not become a featured writer for or otherwise a recognized contributor to our Website by making such submissions. Recognition of Your Submissions is solely at our discretion and except as required by our Privacy Policy, the Company has no obligation to keep Your Submissions confidential.

For all of Your Submissions, you grant the Company (and its successors and assigns) a non-exclusive, world-wide, irrevocable, fully paid, royalty free, perpetual license (with the right to sublicense through multiple tiers) in and to all rights you have in and to Your Submissions, including, but not limited to, the rights to use, copy, transmit, publish, promote, publicly display, publicly perform, adapt, modify, create compilations and derivative works of, and distribute Your Submissions directly or in connection with the Website and the Materials and any products and services offered by the Company or any of its licensees or sublicensees. Such license shall apply with respect to any form, media or technology now known or later developed.

Please note that the Company and its successors and assigns may use Your Submissions, including, but not limited to, any photographs you provide, in advertisements and press releases about our services and in connection with any Fancy FishSM featured profiles, Starfish ProfilesSM in FishPrintSM, our periodic newsletter or any other highlighting or promoting of individual members' profiles. You will have no claim against the Company in respect of right of publicity or privacy or otherwise for such usage, and no payments will be due you in respect of such usage.

You are free to license Your Submissions to anyone else in addition to us, provided that you do not provide such persons or entities an exclusive license for Your Submissions. This license will last forever, even after you have terminated your membership or other interaction with the Company. The Company does not have to pay you for the use of Your Submissions now or in the future.

In connection with the rights granted by you to the Company as set forth above, you represent and warrant to the Company that you own your Submissions or otherwise have the right to make this grant of this license and that the submission of Your Submissions and the grant of this license will not infringe or violate the rights of any third party, including, but not limited to, contract rights, the rights of privacy or publicity or copyrights or other intellectual property rights. You agree to pay for all royalties, fees and any other monies owing any person or entity by reason of the submission of Your Submissions to or through this Website.

IF YOU DO NOT WANT THE COMPANY TO BE ABLE TO USE YOUR SUBMISSIONS, DO NOT PROVIDE YOUR SUBMISSIONS TO THE COMPANY.

If you believe that Your Submissions in which you have a valid copyright interest are being misused, you may have certain rights provided by law. See the section entitled Digital Millennium Copyright Act found in our Legal Notices section of this Website.

For more information about our rights to use Your Submissions and our intellectual property rights in and to this Website and the Materials, please review our Legal Notices section.

Single Status Of Attendees At Events And Members

The Company does not screen people registering for any products or services offered by the Company, including, but not limited to, those persons attending our events or posting their profiles and contacting other members through this Website. The Company does not verify information provided by patrons and cannot guarantee that all patrons are eligible singles or that such patrons are honest about personal information they may provide to you on-line or off-line. The Company is not liable for any inaccuracies or untruths of statements made by patrons as to their identity, marital status, sexual orientation, religion and other personal information. The Company advises you to verify any and all information about patrons of interest to you yourself. Please also review the section above entitled No Criminal Background Or Identity Checks Are Performed By Us; the section below entitled Dating Safety; and our Safety Tips.

Matching And Searching Features Of The Website

The Company may analyze your personal information, both private and personal, to determine, in the Company's sole and absolute discretion, if one or more users of our Website is a "match" to your profile in one or more respects (e.g., based on age, religion and other parameters specified, geography, gender and sexual orientation) either through a feature we may implement called Possible CatchesSM or through the Search The SeaSM features available through the Website. If we identify such "match" profiles, you authorize us to provide your matches to you in any form as we may determine appropriate, including, but not limited to, by email; if we identify you as a "match" for another member, you authorize us to provide your profile information to that member.
You agree that the Company will not be liable to you for any incompatibility with such other members that we may identify as a "match" for you through the Website, and the Company makes no representation or warranty that the identification of potential compatibility between you and any other user will result in any actual compatibility. Furthermore, the Company does not represent or warrant to you that any person identified to have a potentially compatible profile to yours will respond to any contact you may initiate with him or her or that other members who have received your information as a possible match will contact you.

Matching At Events

For some of our events, we may utilize a system where you identify people who would like to have a follow-up interaction with, and other patrons do the same. To the extent that you identify them and they identify you, you will be deemed a "match". For such events, by your participation, you authorize us to reveal your first name, email address and a contact telephone number to other patrons, where there is a match. No other personally identifying information will be disclosed at that time; please refer to our Privacy Policy for more information.

You agree that the Company will not be liable to you for any incompatibility with such other persons that we may identify as a "match" for you at our Events, and the Company makes no representation or warranty that the identification of potential compatibility between you and any other attendee will result in any actual compatibility. Furthermore, the Company does not represent or warrant to you that any person to whom we provide your match information will contact you or that any person, whose match information we provide to you, will respond to any contact you may initiate with him or her.

Photography At Events

Please note that the Company, either directly or through a third party, may take photographs at our Events and use those in connection with information on our Website, including, but not limited to, any articles we publish in FishPrintSM, our periodic newsletter; any advertisements and press releases about our services; and in connection with any other purpose for which such photographs could reasonably be used. You will have no claim against the Company in respect of right of publicity or privacy or otherwise for such usage, and no payments will be due you in respect of such usage.

The Company is not responsible for the usage of photographs of you taken at our Events by third parties, including, but not limited to, any newspaper, magazine, television program or other media outlet.

Legal Notices And Privacy Policy

You agree to be bound by all the terms set forth in the Legal Notices and Privacy Policy sections of this Website.

Account Access And Security

You are solely responsible for any and all activities that occur under your username and password. You should use caution when accessing your account from a public or shared computer or over an unsecure wireless network so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any automatic sign-in features that may be available through this Website, through Windows or otherwise.

You are solely responsible for maintaining the confidentiality of your password that you designate during the registration process. You agree to notify the Company immediately of any unauthorized use of your account, by or through the improper use of your password, or any other breach of security. You further agree to sign-out of your account at the end of each session to prevent unauthorized use of your account by others who may utilize the same computer. The Company will not be liable for your failure to comply with this provision.

Dating Safety

You will likely meet new, and hopefully interesting, people as a result of your use of this Website and the Materials and the Company's products and services. You should always be careful about disclosing personal and financial information to people whom you do not know; your contact information, including, but not limited to, your specific street address and telephone number, should be given out with caution, and you should avoid providing financial information like your credit card number or bank account number to people you do not know.

If you decide to date anyone that you meet on-line, you should be careful, just as you would when meeting a stranger. Take precautions to protect yourself, as well as the security of your personal information to prevent harassment or other harm.

As for your personal email address, you should avoid giving it out to those that may use it for commercial solicitations and other uses inconsistent with our policies. For more information on dating safety, you can read our Safety Tips.

Prohibited Conduct

You agree that you will not use this Website or the Materials or any of our products and services, including, but not limited to, any ticket to attend an event we are sponsoring to or your membership to:

1. Upload, post, email, otherwise transmit, or post links to any content, or select any user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable, including, but not limited to, nude photographs;

2. Upload, post, email, otherwise transmit, or post links to any content that promotes illegal activity, including, but not limited to, posting instructions to commit illegal acts;

3. Upload, post, email, otherwise transmit, or post links to any content that exploits the images of minors, or that discloses personally identifying information belonging to minors; make any sexual request on behalf of a minor or make any sexual request of a minor; or harm minors in any other way;

4. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized mass mailing, advertising, promotional materials, "junk mail," "spam,", "spim" "chain letters," "pyramid schemes," or any other form of solicitation through this Website, to the Company or to any of the Company's patrons;

5. Upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other intellectual property or proprietary rights of the Company or of any other party, or that contributes to inducing or facilitating such infringement, including, but not limited to, software piracy;

6. Upload, post, email, otherwise transmit, or post links to any content that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of this Website or any of the Company's and our patrons' hardware or software;

7. Upload, post, email, otherwise transmit, or post links to any content that you do not have a right to transmit under any law or regulation or are prohibited from so transmitting under contractual or fiduciary relationships;

8. Remove any copyright, trademark or other intellectual property or proprietary rights contained on this Website or the Materials;

9. Use automated means, including scripts, spiders, robots, crawlers, or the like to download data from any of the Company's databases or any of our patrons' databases or to add friends or send comments or messages through the Website;

10. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including, but not limited to, emails, transmitted through this Website, to the Company or to any of the Company's patrons;

11. Collect or store personally identifying information about our patrons for commercial or unlawful purposes; or display any advertisement on your profile or accept payment or anything of value from a third person in exchange for you performing any commercial activity on or through the Website, including, but not limited to, posting blogs or responses in forums with a commercial purpose or sending messages with a commercial purpose;

12. Utilize this Website and the Materials if you are under 21 year of age; or if you are married, unless you are separated from your spouse (whether or not legally separated); or if you are otherwise for any reason ineligible to so utilize the Website and the Materials;

13. Impersonate any person or entity, including, but not limited to, an available single under any assumed or fictional name, alias or alter-ego, your friends and acquaintances, a representative of the Company; or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, the Company;

14. Interfere with or disrupt the servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;

15. Purchase or use any products or services, including, but not limited to, event tickets or membership services, that you are prohibited from using, purchasing or possessing by any law applicable to you in the United States or in your jurisdiction, if you reside outside the United States or otherwise access the products and services outside of the United States;

16. Act in an abusive, obscene, profane, sexist, threatening, harassing, racially offensive or other inappropriate manner with any of the Company's representatives; or disobey any of the Company's representatives or interfere with any action by any of our representatives to redress any violation of these Terms;

17. "Frame" or "mirror" any part of the Website or Materials without the Company's prior written authorization;

18. Use any meta-tags or code or other devices containing any reference to the Company or the Website and Materials in order to direct any person to any other website or service for any purpose;

19. Advertise, offer for sale, or sell any of the following items, through this Website, to the Company or to any of the Company's patrons:

a. Any firearms, explosives or weapons;

b. Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants;

c. Any alcoholic beverages;

d. Any tobacco products for human consumption, including, but not limited to, cigarettes and cigars;

e. Any sexual act; or any escort services;

f. Any events, concerts, performances or parties, whether or not such activities are free of charge;

g. Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or that are harmful to minors;

h. Any controlled substances or pharmaceuticals;

i. Any items that are counterfeit or stolen;

j. Any dangerous items;

k. Any goods or services that do not exist;

l. Any registered or unregistered securities;

m. Any sweepstakes or contest;

n. Any items that violate or infringe the Company's or any other party's rights; and

o. Any items that you do not have the legal right to sell;

20. Behave inappropriately on-line or off-line with any of our patrons;

21. Be dishonest in any of your on-line and off-line communications with any of our patrons or the Company, including, but not limited to, misrepresenting your identity, sexual orientation, marital status, religion, age and other personal information;

22. Stalk, harass or otherwise give unwanted attention, on-line or off-line, to another patron of the Company;

23. Except where such questions are specifically included in the data collection questionnaire, include in your member profile any telephone numbers, street addresses, last names, URLs or email addresses, whether yours or another person's or entity's;

24. Post images and content to your profile that contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page), except as may be permitted with any "Friends Only" or similar feature;

25. Post any images and content that you do not have the right to post, including, but not limited to, any logos of professional sports teams and images of cartoon characters or celebrities;

26. Upload, post, email, or otherwise transmit, or post links to any content that facilitates hacking; or hack into the Company's databases or administration features or any of the Company's or its members' accounts or email accounts;

27. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or the Software or cause others to do so;

28. Include a photograph of another person in your profile without that person's consent;

29. Solicit passwords or personally identifying information for commercial, unlawful or otherwise improper purposes from other users; and

30. Access the Website and Materials or purchase or use any of our products and services, including, but not limited to, any event tickets or a membership, after access to the Website, the Materials and any of our products and services has been terminated by us for violations of these Terms or any of our other policies.

Consequences Of Violations

Should you violate these Terms or any other of the Company's policies, the Company reserves the right to pursue any and all legal and equitable remedies against you, including, but not limited to, discontinuing service to you. The Company is not required to give you any notice prior to pursuing such remedies, including, but not limited to, discontinuing service to you.

Reporting Abuse

If you are aware of any violations of these Terms by any of our patrons at events or any members, please write to us at abuse@FishInTheSea.com and put in the subject line "Report Violation of Company's Policies".

For event attendees, be sure to include your name and the name of the alleged offending person and a contact telephone number where you can be reached. The Company will endeavor to investigate the alleged abuse issue; the Company will determine in its sole discretion how to respond to complaints against any event patron, except as may be required by law.

For members, be sure to include your username and the username of the alleged offending member and a contact telephone number where you can be reached. The Company will endeavor to investigate the alleged abuse issue; the Company will determine in its sole discretion how to respond to complaints against any member, except as may be required by law.

Special Rules For Chat Rooms, Blogs And Forums

We encourage members to post comments in the Fish ForumSM section of the Website, to post comments to other members' blogs, unless the feature is disabled by the member, and to engage in chat sessions with other members. All of the terms set forth in these Terms restricting commercial activities and other restrictions apply to the Fish ForumSM , all blogs and any chat room. In addition, those posting to the Fish ForumSM  and blogs must also not:

A. Make posts in the wrong forum or blog posting;

B. Make off-topic posts in existing threads; or

C. Cross-post the same topic or information in multiple forums or blogs.

Our Right To Delete Certain Content You Post

You understand and agree that the Company may review and delete any messages, blog postings, Fish ForumSM  postings, photos, profiles in whole or an part, or any other information and content that you post, that is, in the sole judgment of the Company, in violation of this Agreement, is illegal, that might violate the rights of or threaten other members or which the Company determines, in its sole and absolute discretion, is inappropriate.

The Company assumes no responsibility for monitoring the Website and Materials for inappropriate postings or other content or conduct and will have no liability for failure to delete any inappropriate postings or other content or to intervene in respect of inappropriate conduct, except as may be required by law.

Notwithstanding the foregoing and notwithstanding any monitoring the Company may actually do and any deletions the Company may make or decline to make, the Company assumes no responsibility for the postings or other content, any conduct of the members or other inappropriate actions and has no obligation to delete any inappropriate postings or other content or to intervene in respect of inappropriate conduct, except as may be required by law.

Inclusion or removal of any postings or other content does not imply endorsement by the Company of such ideas and information contained in the postings or other content provided by users.

Our Right To Limit Your Contact With Other Members

In order to protect our members from advertising or solicitation, we reserve the right to restrict the number of messages a member may send to other members in any 24-hour period to a number which we deem appropriate in our sole and absolute discretion. If you breach these Terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through this Website, you acknowledge that you will have caused substantial harm to the Company. You will be liable for the greater of the actual damages to the Company or $50.00 for each unsolicited email or other unsolicited communication you send through the Website.

Blocking Of IP Addresses

In order to protect the integrity of the Website and the Materials, the Company, in its sole and absolute discretion, reserves the right at any time to block members from certain IP addresses from accessing the Website and the Materials.

Canceling Your Membership And Removal From Our Mailing List

If you are on the Company's mailing list, but are not a member with a profile on our Website, and you decide that you no longer wish to receive mailings from the Company, please write to us at deletions@FishInTheSea.com and put in the subject line "Remove Me From The List". This action, however, will not remove your profile from the membership portion, if you are a member, or eliminate mailings that you may receive in connection with your membership.

Putting your membership profile "on hold" does not result in the cancellation of your membership. If you no longer want to be a member after joining, you may cancel your membership by logging into your account and selecting under "Your Status" "Cancel Your Profile" on your "Member Home" page. Alternatively, you may request that your membership be terminated by writing to us at deletions@FishInTheSea.com and putting in the subject line "Cancel My Membership"; you must provide your real name; your username, the email address you used during the sign-up process; your telephone number and the reason for your cancellation, in order to complete the cancellation process.

Please note that removal from our active database may not result in complete removal of your information from our systems, as we reserve the right to preserve your information for any lawful purpose. We may retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce these Terms, take actions we deem necessary to protect the integrity of the Website, protect our users or take other actions as permitted by law.

Please note that we are a small Company and due to volume, it may take up to 30 days to complete a cancellation request and/or a removal from our mailing list. We appreciate your patience. See Response Time.

Please also note that removal from our active database will not automatically result in removal of your information from any of our third party payment processors' databases or any third party's product or service that you may have accessed through this Website. To remove information from a third party's database, you will need to contact such third party directly. To remove information from PayPal's databases, you will need to contact PayPal directly; visit www.paypal.com for more information.

Please refer to our Privacy Policy for further information.

Links To Third Party Websites

Links to access third party websites, outside of this Website, are provided for visitors' information and convenience only. Unless otherwise indicated, the companies operating such third party websites are not affiliated with the Company. Most links to third party websites will open in a new window; however, payment processing through PayPal (www.paypal.com) and any websites accessed by ads that are sponsored by Google (www.google.com) will generally not open in a new window. The Company does not have any control over any of the content of such third party websites accessible through this Website, including, but not limited to, payment processing through PayPal, products and services accessible through Google ads and floral offerings through 1-800-FLOWERS.COM, notwithstanding the presence of either our name or our logo appearing in connection with their websites.

The Company has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any merchant accessible through the Website. The Company may make recommendations about products or services from time to time and may receive a fee for any purchases you make from third party merchants' websites accessible through this Website. Notwithstanding any remuneration we may receive, the Company is not responsible for your usage of, or failure to use, such third party merchants' products or services.

The Company cannot confirm that any particular third party merchant is who that merchant claims to be. The Company cannot confirm the truth or accuracy of any statements made by such third party merchants or control whether those merchants, who post statements through banners on this Website or otherwise, will act in accordance with those statements. The Company will not get involved in any dispute between users of this Website and any third party merchants whose products and services are accessible through this Website.

YOUR USE OF ANY THIRD PARTY PRODUCTS AND SERVICES ACCESSIBLE THROUGH THIS WEBSITE IS SUBJECT TO THE CAPITALIZED LANGUAGE SET FORTH BELOW REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. PLEASE CAREFULLY REVIEW THOSE PROVISIONS.

Response Time

The Company makes reasonable efforts to respond to questions, requests and other inquiries from members. In general, our response process will begin within 24 hours of your inquiry and in most instances will be completed within 72 hours. You may or may not receive an email from the Company when you submit a question, request or other inquiry. The Company shall have no liability for failure to respond within 24 to 72 hours or otherwise, except as may be required by law.

Please note, however, that we are a small Company and due to volume, it may take up to 30 days to complete a cancellation request and/or a removal from our mailing list. We appreciate your patience.

No Reliance

The Company will not be responsible for any action or failure to act in reliance upon the Website, the Materials or any third party website that may be accessible through a link on this Website. No information about dating or about any of our members included in this Website or the Materials, or any website to which this Website may be linked, should be construed as a prediction of future results.

Hosting

The Website is principally hosted and maintained by Mirability, LLC, a Georgia company. The software ("Software") we utilize to power the membership portion of this Website, including, but not limited to, the member profiles, member Drop A LineSM mail, the Fish Forum, all blogs and any chat rooms, is licensed to us by Skalfa eCommerce, an Indiana company, and is hosted by Skalfa eCommerce.

While Mirability, LLC may utilize hosting facilities principally in the United States, Skalfa eCommerce may have some or all of its servers hosting this Website located outside of the United States.

Notwithstanding the foregoing, the Company intends to only operate for jurisdictional purposes within the United States. When you utilize this Website and the Materials, you agree that, for all purposes connected with this Website and the Materials, you are interacting with a United States company only. Please refer to the sections entitled Introduction, Export Controls, Complaints And Disputes, Limitations On Liability and Governing Law for more information on the application of United States law to the Company's activities, including, but not limited to, providing the Website and Materials to you.

Export Controls

This Website and the Software from this Website are further subject to United States export controls. The Website and the Software from this Website may not be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Website and the Software is at your sole risk.

Indemnification

By using the Website and the Materials, purchasing or using any products or services provided to you by the Company or submitting any of Your Submissions to the Company, you agree to indemnify and hold harmless the Company and its parents, subsidiaries, affiliates, successors and assigns and any and all of their members, shareholders, principals, directors, officers, managers, employees, independent contractors, licensors, licensees, sublicensees, agents and representatives from and against any and all losses, claims, damages (indirect, consequential, exemplary, incidental, special or punitive), awards, expenses, attorneys' fees, costs, penalties or injuries incurred by the Company and its parents, subsidiaries, affiliates, successors and assigns and any and all of their members, shareholders, principals, directors, officers, managers, employees, independent contractors, licensors, licensees, sublicensees, agents and representatives arising from your use of the Website and the Materials; your registration for and attendance at any of the events sponsored by the Company; your purchase or use of any other products or services provided to you by the Company; your submission of Your Submissions to the Company; or a breach of these Terms, including, but not limited to, any of your representations and warranties.

Release

You hereby agree to release the Company and its parents, subsidiaries, affiliates, successors and assigns, and any and all of their members, shareholders, principals, directors, officers, managers, employees, independent contractors, licensors, licensees, sublicensees, agents and representatives from and against any and all losses, claims, damages (indirect, consequential, exemplary, incidental, special or punitive), awards, expenses, attorneys' fees, costs, penalties or injuries of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against any or all of them arising out of or in any way related to your use of the Website and Materials, your attendance at any events sponsored by the Company, your use of any other products and services provided to you by the Company or your submission of Your Submissions to the Company.

Any Advice Provided Is For Information And Entertainment Purposes Only

Our Safety Tips accessible on this Website and any other advice provided by the Company or any of its members or other users is strictly for information and entertainment purposes only. Such advice is not intended to replace or be a substitute for any professional advice, including, but not limited to, health, medical or psychological advice; legal advice; or financial advice. If you have specific matters that require professional advice, you should consult with an appropriate professional.

Technical Failures

The Company is not responsible for any (1) technical failures, malfunctions, traffic congestion on the Internet or other problems you may encounter in connection with your usage of the Website and the Materials, including, but not limited to, any email problems; any problems with telephone network or lines, any wireless system, any cable connection or other connection allowing access to the Website and the Materials; any problems with computer networks, servers or providers used to access the Website and the Materials; or any problems with computer equipment or software (including the Software); (2) any damages resulting from any of the foregoing, including, but not limited to death, bodily injury, emotional distress or property damage to users or to computers used by such users as a result of accessing the Website and the Materials.

Limitation Of Actions

YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, OR RELATING TO, YOUR USE OF THE WEBSITE AND THE MATERIALS OR ANY OF OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY EVENT TICKET YOU MAY PURCHASE TO ATTEND ONE OF OUR EVENTS OR YOUR MEMBERSHIP ENABLING YOU TO POST YOUR PROFILE AND PHOTOS AND CONTACT MEMBERS, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.

No Warranties

NEW AMSTERDAM VENTURES, LLC PROVIDES THE WEBSITE AND THE MATERIALS ON A STRICTLY "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE MATERIALS OR ANY WEBSITE WHICH MAY BE ACCESSED BY A LINK FROM THIS WEBSITE, AND ANY OF THE PRODUCTS OR SERVICES OFFERED BY THE COMPANY, INCLUDING, BUT NOT LIMITED TO, ANY EVENT TICKET YOU MAY PURCHASE TO ATTEND ONE OF OUR EVENTS OR YOUR MEMBERSHIP ENABLING YOU TO POST YOUR PROFILE AND PHOTOS AND CONTACT MEMBERS.

THE COMPANY IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE, WHETHER POSTED BY MEMBERS OF THE WEBSITE OR BY ANY OTHER PERSON, AND IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH THIS WEBSITE OR THE SOFTWARE.

THE COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH THE COMPANY OR ITS REPRESENTATIVES OR OTHERWISE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE AND MATERIALS AND THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO GUARANTEES OF YOUR COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THIS WEBSITE AND THE MATERIALS OR ANY SPECIFIC RESULTS. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION OR WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY, AVAILABILITY, ACCURACY, TIMELINESS AND COMPLETENESS.

Limitations On Liability

THE COMPANY'S LIABILITY IS LIMITED IN RESPECT OF YOUR USE OF THIS WEBSITE AND THE MATERIALS AND IN RESPECT OF ANY OF OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY EVENT TICKET YOU MAY PURCHASE TO ATTEND ONE OF OUR EVENTS OR YOUR MEMBERSHIP ENABLING YOU TO POST YOUR PROFILE AND PHOTOS AND CONTACT MEMBERS. UNLESS THE JURISDICTION IN WHICH YOU RESIDE LIMITS THE COMPANY'S ABILITY TO LIMIT ITS LIABILITY, THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING FROM YOUR USE OF THE WEBSITE OR THE MATERIALS OR ANY OF OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, EVENTS THE COMPANY SPONSORS OR YOUR MEMBERSHIP ENABLING YOU TO POST YOUR PROFILE AND PHOTOS AND CONTACT MEMBERS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE THAT THE COMPANY HAS NO INTENTION TO BE BOUND BY LAWS OUTSIDE OF THE UNITED STATES AND AGREE THAT NO LAW OF ANY JURISDICTION OUTSIDE OF THE UNITED STATES SHALL HAVE ANY APPLICATION TO YOUR USE OF THE WEBSITE AND THE MATERIALS OR YOUR USE OF ANY OF OUR PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY EVENT TICKET YOU MAY PURCHASE TO ATTEND ONE OF OUR EVENTS OR YOUR MEMBERSHIP ENABLING YOU TO POST YOUR PROFILE AND PHOTOS AND CONTACT MEMBERS.

YOUR COMMUNICATIONS, MEETINGS, DATES AND RELATIONSHIPS WITH OTHER PATRONS OF THE COMPANY THAT YOU MEET THROUGH YOUR USE OF THIS WEBSITE, THE MATERIALS, OUR PRODUCTS AND OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR ATTENDANCE AT EVENTS SPONSORED BY THE COMPANY OR YOUR MEMBERSHIP ENABLING YOU TO POST YOUR PROFILE AND PHOTOS AND CONTACT MEMBERS, IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH YOUR INTERACTIONS WITH OTHER PATRONS, INCLUDING, BUT NOT LIMITED TO, DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND PROPERTY DAMAGE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR YOUR USE OF THE WEBSITE AND THE MATERIALS OR ANY OF THE COMPANY'S PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY EVENT TICKET YOU MAY PURCHASE TO ATTEND ONE OF OUR EVENTS OR YOUR MEMBERSHIP ENABLING YOU TO POST YOUR PROFILE AND PHOTOS AND CONTACT MEMBERS.

Governing Law

The law governing these Terms shall be that of the State of New York located in the United States, without regard to conflicts of law principles.

Complaints And Disputes

You are solely responsible for your interactions with other patrons of the Company, whether or not such persons are members with a profile posted through this Website. The Company reserves the right, but has no obligation to be involved in any form or monitor any disputes you have with other patrons, including, but not limited to, members.

To resolve a complaint regarding your usage of the Website and Materials, you should first contact our Customer Service Department. You may write to us at complaints@FishInTheSea.com and put in the subject line "Complaint", except that matters involving abuses by attendees at events or members should be reported to abuse@FishInTheSea.com and put in the subject line "Report Violation of Company's Policies". For more information above reporting abuse, see the section above entitled Reporting Abuse.

For any complaints between you and the Company that cannot be resolved through an informal complaint resolution process or other disputes that you may have with the Company, you and the Company agree to submit to the exclusive jurisdiction of the courts of the State of New York, Kings County and/or the U.S. District Court for the Eastern District of New York for any disputes arising hereunder, except as otherwise set forth below. You and the Company hereby waive any objection they may now or hereafter have as to the venue of any such suit, action or proceeding brought in such court or that such court is an inconvenient forum.

Unless the Company consents, no claim may be brought a class action, combined or consolidated with any other proceeding, nor may any claim be pursued in a representative capacity or on behalf of a class.

Headings

The headings in these Terms are inserted for convenience only and shall not be used to define, limit or describe the scope of these Terms or any of the obligations set forth in them. The singular shall include the plural, and vice versa, as the context requires.

No Waiver

The failure of the Company to enforce at any time any of the provisions of these Terms, or to require at any time performance by you or any other patron of any of its provisions, shall in no way be construed to be a waiver of any such provision or the right of the Company to enforce each and every provision in accordance with the Terms. The waiver by the Company of any of the provisions of the Terms shall not operate or be construed as a waiver of any subsequent breach. No provision of these Terms may be waived by the Company unless in writing.

Severability

The invalidity of all or any part of any provision of these Terms shall not render invalid the remainder of such provision or any other provision of these Terms. If any provision of these Terms is so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable.

Surviving Provisions After Termination or Cancellation

Any provisions set forth in these Terms, which, by their very nature extend beyond the termination or cancellation of your membership, removal from our mailing list, the completion of an event or the conclusion of your use of the Website and Materials otherwise, shall survive such termination, cancellation, completion or conclusion. These include, but are not limited to, your grant of rights to the Company to use Your Submissions, provisions concerning indemnification, disclaimers of warranties and limitations on liability.

Assigns

You may not assign your rights or delegate your duties under these Terms to anyone else. The Company may assign its rights or delegate its duties to any person or entity at any time. These Terms shall inure to the benefit of, and be binding upon, yours and the Company's successors and permitted assigns.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there are no third party beneficiaries to this agreement between you and the Company.

Future Changes To These Terms

The Company reserves the right to update and revise these Terms at any time. You can determine if these Terms have been revised by referring to the "Last Updated" date at the top of this page, or if you write to us at terms@FishInTheSea.com and put in the subject line "Changes To Terms", the Company will inform you by email each time the Terms are updated. Your use of this Website and the Materials constitutes your acceptance of these Terms as amended or revised by the Company. The Company recommends that you review the Terms regularly to ensure that you are aware of the terms and conditions of your usage of this Website and the Materials and all products and services available from the Company.

Void Where Prohibited

Your use of the Website and Materials and any of the Company's products and services, including, but not limited to, event tickets you may purchase to attend one of our events or your membership enabling you to post your profile and photos and contact members, is void where prohibited.

Entire Agreement

These Terms, accepted upon your use of the Website and the Materials or otherwise upon your use of any of the Company's products and services contain the entire agreement between you and the Company regarding your use of the Website and the Materials and the use of products and services from the Company, including, but not limited to, event tickets you may purchase to attend one of our events or your membership enabling you to post your profile and photos and contact members.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVSIONS CONTAINED ABOVE.
 
 

 

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