BeatTheFish.com Terms of Service

These Terms of Service (these “Terms”), together with the other documents referred to within, set out the terms under which you may use this website, beatthefish.com (the “Site”). Please read these Terms carefully and ensure you understand them. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Site. If you do not agree to comply with and be bound by these Terms, you must stop using the Site immediately.

1. Definitions

  • In these Terms, the following expressions have the following meanings:
“Content” means all text, images, audio, video, scripts, code, software, databases, and other form of information capable of being stored on a computer that appears on, or forms part of, the Site;
“System” means any online communications infrastructure we make available through the Site either now or in the future, including without limitation contact forms, email, live chat, and forums; and
“we”, “us, “our” means beatthefish.com.

2. THE NATURE OF THE SITE AND ITS CONTENT

  • THE SITE DOES NOT OFFER OR FACILITATE GAMBLING OF ANY FORM. THE SITE MAY LINK TO OTHER WEBSITES THAT OFFER GAMBLING SERVICES (SEE CLAUSE 7 BELOW) BUT WE ARE IN NO WAY RESPONSIBLE FOR THOSE WEBSITES. WE ACCEPT NO LIABILITY FOR ANY LOSSES OR DAMAGE YOU SUSTAIN IF YOU CHOOSE TO USE THOSE THIRD-PARTY WEBSITES.
  • GAMBLING IS ILLEGAL OR RESTRICTED (E.G. BY AGE) IN SOME JURISDICTIONS. WE DO NOT WARRANT THAT GAMBLING IS LEGAL OR UNRESTRICTED IN YOUR JURISDICTION. IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM IT IS LEGAL FOR YOU TO GAMBLE BEFORE YOU DO SO. WE ACCEPT NO LIABILITY FOR ANY LOSSES OR DAMAGE YOU SUSTAIN IF YOU GAMBLE WHEN IT IS UNLAWFUL FOR YOU TO DO SO.
  • THE INFORMATION PUBLISHED ON THE SITE IS FOR INFORMATION, ENTERTAINMENT, AND EDUCATIONAL PURPOSES ONLY AND IS OFFERED IN GOOD FAITH WITH NO WARRANTY AS TO ITS ACCURACY, TIMELINESS, OR COMPLETENESS. NOTHING ON THE SITE REPRESENTS FORMAL ADVICE ON WHICH YOU SHOULD RELY. WE ACCEPT NO LIABILITY FOR ANY LOSSES OR DAMAGE YOU SUSTAIN IF YOU CHOOSE TO RELY ON ANY OF THE INFORMATION PUBLISHED ON THE SITE.
  • SOME OF THE LINKS ON THE SITE ARE AFFILIATE LINKS. THIS MEANS WE MAY RECEIVE COMPENSATION FROM THE COMPANIES WHOSE PRODUCTS OR SERVICES WE REVIEW IF YOU CLICK OUR LINKS AND BUY SOMETHING FROM THEM AND/OR USE THEIR SERVICES. HOWEVER, OUR REVIEWS ARE INDEPENDENT, HONEST, AND ARE NOT PAID FOR. THE OPINIONS EXPRESSED ON THE SITE ARE OUR OWN. IT DOES NOT COST YOU ANY MORE IF YOU USE OUR AFFILIATE LINKS.

3. Access to the Site

  • Access to the Site is free of charge.
  • It is your sole responsibility to make all arrangements necessary to access the Site.
  • Access to the Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue the Site (or any part of it) at any time and without notice.  We accept no liability if the Site (or any part of it) is unavailable at any time and for any period.

4. Intellectual property rights

  • All Content on the Site and the intellectual property rights in that Content belongs to or has been licensed by us, unless specifically labelled otherwise, and is protected by applicable international intellectual property laws and treaties.
  • For your personal use (including research and private study) only, you may:
    • access, view, and use the Site in a web browser (including any web browsing capability built into other types of software or app);
    • download the Site (or any part of it) for caching;
    • print pages from the Site;
    • download, copy, clip, print, or otherwise save extracts from pages on the Site; and/or
    • save pages from the Site for later and/or offline viewing.
  • Subject to Clause 4.2 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content without our prior written consent.
  • You may not use any of the Content for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate).

5. Links to the Site

  • You may link to the Site as long as you:
    • do so in a fair and legal manner;
    • do not do so in a manner that claims or suggests any form of affiliation, association, endorsement, or approval on our part where none exists;
    • do not use any logos or trade marks displayed on the Site without our prior written consent; and
    • do not do so in a manner that may damage our reputation or take unfair advantage of it.
  • You may not frame or embed the Site (or any part of it) on other websites without our prior written consent.
  • You may not link to the Site from any other website the content of which contains material that:
    • is sexually explicit;
    • is obscene, offensive, hateful or otherwise inflammatory;
    • promotes violence;
    • promotes or assists in any form of unlawful activity;
    • discriminates against or is defamatory of any person, group or class of persons on the grounds of their race, sex, religion, nationality, disability, sexual orientation, or age;
    • is intended to or may threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    • is calculated to or may deceive;
    • is intended to or may infringe another person’s privacy;
    • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way calculated to deceive;
    • implies any form of affiliation or association with us or endorsement or approval on our part where none exists;
    • infringes or assists in the infringement of the intellectual property rights of any third party; or
    • is made in breach of any legal duty owed to a third party (including without limitation contractual obligations and duties of confidentiality).

6. Use of the System

  • You may use the System to contact us, provided you do not communicate in a way, submit information, or otherwise do anything that:
    • is sexually explicit;
    • is obscene, offensive, hateful, or otherwise inflammatory;
    • promotes violence;
    • promotes or assists in any form of unlawful activity;
    • discriminates against or is defamatory of any person, group, or class of persons on the grounds of their race, sex, religion, nationality, disability, sexual orientation, or age;
    • is intended to or may threaten, harass, annoy, alarm, inconvenience, upset or embarrass another person;
    • is calculated or may deceive;
    • is intended or may infringe another person’s privacy or uses their personal data in a way you have no right to;
    • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way calculated to deceive;
    • implies any form of affiliation or association with us or endorsement or approval on our part where none exists;
    • infringes or assists in the infringement of the intellectual property rights of any third party; or
    • is in breach of any legal duty owed to a third party (including without limitation contractual obligations and duties of confidentiality).
  • We may monitor any communications made using the System.

7. Links to other websites

The Site may include links to other websites. Unless otherwise stated, these websites are not under our control. We are not responsible or liable for the content of third-party sites. The inclusion of a link to another website on the Site is for information and convenience only and does not imply any endorsement of the website itself or of those in control of it.

8. Advertising

We may feature advertising on the Site. We are not responsible for the content of any advertising on the Site. Each advertiser is responsible for the content of their own advertising material. We are not responsible or liable for any advertising on the Site including without limitation any errors, inaccuracies, or omissions.

9. Disclaimers

  • Nothing on the Site constitutes advice on which you should rely. It is provided for general information purposes only.
  • To the fullest extent permitted by law, we make no representation, warranty, or guarantee that the Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware or that it will be secure.
  • We make reasonable efforts to ensure the Content is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

10. OUR LIABILITY TO YOU

  • TO THE FULLEST EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY TO YOU FOR ANY LOSS OR DAMAGE, WHETHER FORESEEABLE OR OTHERWISE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE OR THE USE OF OR RELIANCE UPON ANY OF THE SITE’S CONTENT.
  • TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES (WHETHER EXPRESS OR IMPLIED) THAT MAY APPLY TO THE SITE OR ITS CONTENT.
  • THE SITE IS INTENDED FOR NON-COMMERCIAL USE ONLY. WE ACCEPT NO LIABILITY FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; LOSS OF BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION; LOSS OF ANTICIPATED PROFITS OR SAVINGS; BUSINESS INTERRUPTION; OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
  • WE EXERCISE REASONABLE SKILL AND CARE TO ENSURE THAT THE SITE IS FREE FROM VIRUSES AND OTHER MALWARE. WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM A VIRUS OR OTHER MALWARE, A DISTRIBUTED DENIAL OF SERVICE ATTACK, OR OTHER HARMFUL MATERIAL OR EVENT THAT MAY ADVERSELY AFFECT YOUR HARDWARE, SOFTWARE, DATA, OR OTHER MATERIAL THAT OCCURS AS A RESULT OF YOUR USE OF THE SITE OR ANY OTHER WEBSITE REFERRED OR LINKED TO ON THE SITE.
  • WE ACCEPT NO RESPONSIBILITY OR LIABILITY ARISING OUT OF ANY DISRUPTION OR NON-AVAILABILITY OF THE SITE FOR ANY REASON.
  • Nothing in these Terms excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from our negligence, or for any other forms of liability which cannot lawfully be excluded or restricted.

11. Viruses, malware and security

  • It is your sole responsibility to protect your hardware, software, and data from viruses, malware, and other internet security risks.
  • You must not deliberately introduce viruses, malware, or any material which is malicious or harmful to or via the Site.
  • You must not attempt to gain unauthorized access to any part of the Site, the server on which the Site is stored, or any other server, computer, or database connected to the Site.
  • You must not attack the Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
  • If you breach the provisions of Clauses 11.2 to 11.4 you may be committing a criminal offense. We will report all such breaches to the relevant law enforcement authorities and cooperate fully with them. Your right to use the Site will end immediately in the event of such a breach.

12. User comments

  • You agree you are solely responsible for any comments you submit to the Site. You agree, represent, and warrant you have the right to submit those comments, any facts stated are accurate and true, opinions stated are genuinely held, and all such comments comply with our acceptable usage policy, detailed below in Clause 13.
  • You agree you will be liable to us and will, to the fullest extent permitted by law, indemnify us for any breach of the warranties given by you under Clause 12.2. You will be responsible for any loss or damage suffered by us as a result of such breach.
  • You retain ownership of your comments and all intellectual property rights in them. When you submit a comment you grant us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence it for the purposes of operating and promoting the Site. In addition, you also grant other users of the Site the right to copy and quote your comment within the Site.
  • We may screen, reject, reclassify, edit, or remove any comment(s) from the Site including without limitation in circumstances where, in our opinion, they violate our acceptable usage policy, or if we receive a complaint from a third party and determine that the comment(s) in question should be removed as a result.

13. Acceptable usage policy

  • You may only use the Site in a manner that is lawful. You must:
    • ensure you comply fully with all applicable local, national, or international laws and/or regulations;
    • not use the Site in any way, or for any purpose, that is unlawful or fraudulent;
    • not use the Site to send, upload, or transmit data that contains any form of virus or malware, or any other code designed to adversely affect computer hardware, software, or data; and
    • not use the Site in any way, or for any purpose, intended to harm any person or persons.
  • We may suspend or terminate your access to the Site if you breach the provisions of this Clause 13 or any of the other provisions of these Terms. We may:
    • suspend your right to access the Site, whether temporarily or permanently;
    • take legal proceedings against you for reimbursement of all relevant costs on an indemnity basis resulting from your breach;
    • take further legal action against you as appropriate;
    • disclose such information to law enforcement authorities; and/or
    • any other actions we deem reasonably appropriate.
  • We exclude all liability arising out of any actions (including without limitation those set out in Clause 13.2) we may take in response to your breach of these Terms.

14. Privacy, cookies and data protection

  • Your use of the Site is also governed by our Privacy and Cookies Policy, available at https://www.beatthefish.com/privacy-policy/. This policy is incorporated into these Terms by this reference.
  • All personal information we may use will be collected, processed, and held in accordance with applicable data protection law. For details of our collection, processing, storage, and retention of personal data, please also refer to our Privacy and Cookies Policy.

15. Changes to these Terms

  • We may change these Terms at any time. Any such changes will become binding on you upon your first use of the Site after the changes have been implemented. You should therefore check this page from time to time.
  • In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless expressly stated otherwise.

16. Contacting us

To contact us, please email support@beatthefish.com.

17. Governing law and jurisdiction

  • These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of Ontario, Canada.
  • Any dispute, controversy, proceedings or claim between you and us relating to these Terms, or the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
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