By using the FishPretzel.com Website and/or becoming a registered member, you are agreeing to be bound by the following terms and conditions (”Terms”) and the Privacy Policy.

1. You must not register others at FishPretzel without their authorization.

2. You must not modify, adapt or hack FishPretzel.com (or e-mails sent by FishPretzel) or create or modify another website so as to falsely imply that it or e-mails sent by it are associated with FishPretzel.

3. You agree that you will not engage in any activity that interferes with or disrupts FishPretzel (or the servers and networks which are connected to the Services).

4. You must not attempt to gain access to or retrieve information from FishPretzel other than through the user interface provided by FishPretzel.com or e-mails sent to you by FishPretzel.

5. You must not, in the use of FishPretzel, intentionally or unintentionally violate any applicable local, state, national or international law.

6. You must not recommend or provide any website, content or images that are unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

7. You must not recommend or provide or post any website, content or images that violate any copyright and/or other intellectual property right.

8. You agree that you are solely responsible for (and that FishPretzel has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which FishPretzel may suffer) of any such breach.

1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access FishPretzel.

2. Accordingly, you agree that you will be solely responsible to FishPretzel for all activities that occur under your account.

3. If you become aware of any unauthorized use of your password or of your account, you agree to notify FishPretzel immediately at customerservice@fishpretzel.com.

1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, FishPretzel are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

2. You should be aware that Content presented to you as part of FishPretzel, including but not limited to advertisements and sponsored Content within FishPretzel, may be protected by intellectual property rights which are owned by the providers of that Content to FishPretzel (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the owners of that Content in a separate agreement.

3. FishPretzel reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content.

4. You understand that by using FishPretzel you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

· We reserve the right to modify or terminate FishPretzel for any reason, without notice, at any time.

· We reserve the right to alter these Terms at any time.

· We reserve the right to refuse membership to anyone or terminate anyone’s service for any reason at any time.

License

By recommending or sending websites, content or images to FishPretzel, you grant a perpetual non-exclusive license to FishPretzel to display the content on FishPretzel.com, analyze and use the content in the conduct of FishPretzel’s business, syndicate the content to other sites or services, excerpt the content and use the content for promotional purposes.

FISHPRETZEL, INCLUDING BUT NOT LIMITED TO ITS WEBSITE AND ASSOCIATED SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WITHOUT LIMITATION OF THE FOREGOING, FISHPRETZEL AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT ASSOCIATED WITH FISHPRETZEL; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FISHPRETZEL, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. FISHPRETZEL AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL FISHPRETZEL OR ITS LICENSORS (INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS) BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE FISHPRETZEL, EVEN IF ANY OF THE FOREGOING PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF FISHPRETZEL.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

All copyrights in and to FishPretzel, including but not limited to the website, are owned by Media & Entertainment Strategies, Inc.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FishPretzel with all of the following information:

· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

· a description of the copyrighted work or other intellectual property that you claim has been infringed;

· a description of where the material that you claim is infringing is located on the site;

· your address, telephone number, and e-mail address;

· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

FishPretzel’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows.

By mail:

FishPretzel

PO Box 650

Wilton, CT 06897-0650

By e-mail:

CustomerService@FishPretzel.com

The FishPretzel logo and the names of all FishPretzel products and/or services are either trademarks or service marks, or registered trademarks and/or service marks of FishPretzel. Media & Entertainment Strategies, Inc. owns the design, format and layout of FishPretzel.

You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of FishPretzel may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with FishPretzel or relating in any way to your use of FishPretzel resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving FishPretzel or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. FishPretzel may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. FishPretzel and you are independent entities, and nothing in these Terms, or via use of FishPretzel, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between FishPretzel and you.