FAQs

  • Refund Policy

  • Refund Policy & On Time Guarantee

    Refund Policy

    We stand behind our products 100% and stand with you (the Consumer). You are the life force that supports our business and the driving force of our future. We will "always" work our hardest to make sure that you continue to have an excellent ongoing, long-term experience with us here at Go Fish Marketplace. If you didn't receive your product or it is significantly different from the description on the product detail page we guarantee you a refund; no need to return the product.


    On Time Delivery Guarantee

    We also provide a guarantee that your purchase will arrive by a set date. That date is visible on the product detail page. If you want fast delivery use the "Ship From: United States" filter on all Product Category pages.


    Terms & Conditions

    - The item you received was damaged, defective, or substantially different from the item represented on the product detail page

    - Your account is in good standing

    - Policy invalid if order did not arrive due to buyer factors, such as the wrong shipping address was provided

  • Additional Consumer Protection

    Go Fish offers PayPal at Checkout which can act as an additional layer of security for you as the customer. PayPal has their own anti-fraud, consumer protection and disputes team that can refund your money in the rare event of an issue.



  • Information For Customers

  • Privacy Policy

    GO FISH MARKETPLACE

    PRIVACY POLICY


    Date of Last Revision: December 1, 2016

    Our Policy:

    Welcome to the web site (the “Site”) of Go Fish Marketplace, Inc.(“Go Fish”, “we”, “us” and/or “our”). This Site is operated by Go Fish and has been created to provide(a) the Site, (b) the mobile applications, (c) Go Fish’s Additional Value Added Services and (d) all software (including the Software, as defined below), data, reports, text, images, sounds, videos, and related services(together with the Site, the “Services”) to our Service visitors (“you”, “your”). This Privacy Policy sets forth Go Fish’s policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from visitors to the Site and Services.


    Information We Collect:

    When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:

    Personal Data That You Provide Through the Services:We collectPersonal Datafrom you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services. Wherever Go Fish collects Personal Data we make an effort to provide a link to this Privacy Policy.

    By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Go Fish and the authorized third parties referred to herein located in the United States.

    Other Information:

    Non-Identifiable Data:When you interact with Go Fish through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Go Fish may store such information itself or such information may be included in databases owned and maintained by Go Fish affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.

    In operating the Services, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service features.

    Aggregated Personal Data:In an ongoing effort to better understand and serve the users of the Services, Go Fish often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Go Fish may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Go Fish may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

    Location Information: Our Service may collect and use your location information (for example, by using the GPS on your mobile device) to provide certain functionality of our Service. We may also your location information in an aggregate way, as described above in the “Aggregated Personal Data” section.

    Google Analytics: We may allow third party service providers to use cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Services. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Service. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.


    Our Use of Your Personal Data and Other Information:

    Go Fish uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Go Fish and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services. Go Fish and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications.In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

    If Go Fish intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

    Our Disclosure of Your Personal Data and Other Information:

    Go Fish is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

    Business Transfers:As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

    Related Companies:We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

    Agents, Consultants and Related Third Parties:Go Fish, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

    Legal Requirements:Go Fish may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Go Fish, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

    Your Choices:

    You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.

    Exclusions:

    This Privacy Policy does not apply to any Personal Data collected by Go Fish other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Go Fish through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Go Fish shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

    Children:

    Go Fish does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Go Fish through the Services, please contact us, and we will endeavor to delete that information from our databases.

    Links to Other Web Sites:

    This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by Go Fish (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Go Fish endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

    Integrating Social Networking Services:

    One of the special features of the Service is that it allows you to enable or log in to the Services via various social networking services like Facebook or Twitter (“Social Networking Service(s)”). By directly integrating these services, we make your online experiences richer and more personalized. To take advantage of this feature, we will ask you to log into or grant us permission via the relevant Social Networking Service. When you add a Social Networking Services account to the Service or log into the Service using your Social Networking Services account, we will collect relevant information necessary to enable the Service to access that Social Networking Service and your data contained within that Social Networking Service.As part of such integration, the Social Networking Service will provide us with access to certain information that you have provided to the Social Networking Service, and we will use, store and disclose such information in accordance with this Privacy Policy.However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed by the policies of such third parties, andGo Fishshall have no liability or responsibility for the privacy practices or other actions of any Social Networking Services that may be enabled within the Service.

    You may also have the option of posting your Services activities to Social Networking Services when you access content through the Services (for example, you may post to Facebook that you performed an activity on the Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any Social Networking Services you have enabled will be able to view such activity.

    Security:

    Go Fish takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Go Fish via the Internet.

    Other Terms and Conditions:

    Your access to and use of the Services is subject to the Terms of Service at https://www.gofishmarketplace.com/terms/.

    Changes to Go Fish’s Privacy Policy:

    The Services and our business may change from time to time. As a result, at times it may be necessary for Go Fish to make changes to this Privacy Policy. Go Fish reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

    Access to Information; Contacting Go Fish:

    To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services.

    Please also feel free to contact us if you have any questions about Go Fish’s Privacy Policy or the information practices of the Services.You may contact us as follows: Send an email toAdministration@GoFishMarketplace.com.

  • Terms of Service

    GO FISH MARKETPLACE

    TERMS OF SERVICE

    Date of Last Revision: December, 1, 2016

    Welcome to Go Fish Marketplace!

    Go Fish Marketplace, Inc. (“Go Fish,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://www.gofishmarketplace.com/ (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). Ifyou are entering into this Terms of Service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Terms of Service, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this Terms of Service, you must not accept this Terms of Service and may not use the Service.We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means.[Note]Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately.Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.


    PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST GO FISH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

    In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://www.gofishmarketplace.com/privacy/. All such terms are hereby incorporated by reference into these Terms of Service.

    Access and Use of the Service

    Services Description:The Service includes (a) the Site, (b) the mobile applications, (c) Go Fish’s Additional Value Added Services and (d) all software (including the Software, as defined below), data, reports, text, images, sounds, videos, and content made available through any of the foregoing.Any new features added to or augmenting the Service are also subject to these Terms of Service.

    Your Registration Obligations:You may be required to register with Go Fish in order to access and use certain features of the Service.If you choose to register for the Service,you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form.Registration data and certain other information about you are governed by our Privacy Policy.If you are under 13 years of age, you are not authorized to use the Service, with or without registering.In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

    Member Account, Password and Security:You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Company reserves the right to access your account in order to respond to your requests for technical support. You agree to (a) immediately notify Go Fish of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Go Fish will not be liable for any loss or damage arising from your failure to comply with this Section.

    Modifications to Service:Go Fish reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Go Fish will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

    General Practices Regarding Use and Storage: You acknowledge that Go Fish may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Go Fish’s servers on your behalf. You agree that Go Fish has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Go Fish reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Go Fish reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

    Mobile Services:The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).To the extent you access the Service through a mobile device, yourwireless service carrier’sstandard charges, data rates and other fees may apply.In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Go Fish and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.In the event you change or deactivate your mobile telephone number, you agree to promptly update your Go Fish account information to ensure that your messages are not sent to the person that acquires your old number.

    Marketing: Go Fish reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on Go Fish’s website and in other communication with existing or potential Go Fish customers. To decline Go Fish this right you need to email Administration@GoFishMarketplace.com stating that you do not wish to be used as a reference.

    Conditions of Use

    User Conduct:You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service.The following are examples of the kind of content and/or use that is illegal or prohibited by Go Fish.Go Fish reserves the right to investigate and take appropriate legal action against anyone who, in Go Fish’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.You agree to not use the Service to:

    a)email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii)in the sole judgment of Go Fish, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Go Fish or its users to any harm or liability of any type;

    b)interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

    c)violate any applicable local, state, national or international law, or any regulations having the force of law;

    d)impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    e)solicit personal information from anyone under the age of 18;

    f)harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

    g)advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

    h)sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party;

    i)use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components;

    j)further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

    k)obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

    Special Notice for International Use; Export Controls:Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls.No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws.Downloading or using the Software is at your sole risk.Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

    Commercial Use:Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

    Direct Sales Marketplace

    The Service includes an online marketplace (“Marketplace”) for buyers (“Buyer(s)”) to purchase items (“Items”) from third-party merchants (“Merchant(s)”), where sales representatives can assist Merchants in the sale of such Items (“Sales Representative(s)”). Go Fish is independent from Buyer and Merchant and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of the Service by Go Fish. By using the Marketplace, Buyers select and purchase goods marketed by Merchants, solely of their own initiative.

    Buying:When a Buyer identifies an Item for purchase, the Buyer may select the Item to checkout. At that time the Buyer shall submit valid payment information to Go Fish for payment of the Total Purchase Price. The "Total Purchase Price" is the price agreed to on the Site between Buyer and Go Fish and includes (i) the agreed price of the Item; (ii) if applicable, shipping fees; and (iii) sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies that Go Fish is required to collect from the Buyer under applicable law at the time of sale. Buyer hereby irrevocably authorizes Go Fish to charge the Buyer’s credit card or other payment methods for an amount equal to the Total Purchase Price.Buyer represents and warrants to Go Fish that such information regarding payment methods is true and that Buyer is authorized to use such payment method. Buyer will promptly update its account information with any changes (for example, a change in billing address or credit card expiration date) that may occur.If Buyer disputes any charges, Buyer must let Go Fish know within fourteen (14) days after the date that Go Fish charges Buyer. Go Fish reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. Go Fish may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order. For information on returns, please visit our Site, at https://www.gofishmarketplace.com/index.php?route=information/faq.

    Selling and Payment as a Merchant:Merchant represents and warrants that Merchant may legally sell the specified Item, and that Merchantwill convey clear title of each Item to the Buyer upon receipt of the Total Purchase Price for the Item.When a Buyer makes an offer to purchase an Item, Go Fish will request that Merchant issue a confirmation of the sale (“Sale Confirmation”) to the Buyer. The issuance of such Sale Confirmation forms a binding contract between the Buyer and Merchant with respect to the sale and purchase of that Item. For each Item that Merchant sells, Go Fish will retain a certain percentage of the Total Purchase Price for facilitation of the Marketplace and Go Fish will remit payment to Merchant, each in accordance with the terms laid out at https://www.gofishmarketplace.com/index.php?route=information/faq at the time of the transaction. In order to ensure timely receipt of your funds as Merchant, Merchant must ensure its payment information is kept up to date in Merchant’s account.

    Shipping:Merchant shall ship the Items in accordance with the terms of Go Fish’s designated shipping provider and the terms on the Site, at the time of purchase. Go Fish collects all shipping costs directly from Buyer. Upon Buyer’s request, Merchant shall provide shipping information.

    Sales Process: A Sales Representative may assist a Buyer in purchasing an Item or a Merchant in selling an Item, where all such marketing and selling efforts (“Marketing Efforts”) shall be conducted in accordance with the terms laid out at:

    https://www.gofishmarketplace.com/index.php?route=information/faq. A Sales Representative must designate one Merchant as its “Parent Merchant” where the Sales Representative must market and sell certain Items from Parent Merchant. A Sales Representative may also market and sell other Items from other Merchants to prospective Buyers. For each Item that Merchant sells with a Sales Representative’s assistance, Go Fish will remit a certain percentage of the Total Purchase Price to Sales Representative in accordance with the terms laid out at:

    https://www.gofishmarketplace.com/index.php?route=information/faqat the time of the transaction.

    Disclaimer: Go Fish is not responsible for (a) the delivery of or transfer of legal ownership of Items from a Merchant to Buyer and (b) a Sales Representative’s Marketing Efforts. Go Fish makes no guarantee, warranty or representation, expressed or implied, to (a) any Buyer with respect to any Item purchased from any Merchant, (b) any Buyer with respect a Sales Representative’s Marketing Efforts and (c) any Merchant with respect a Sales Representative’s Marketing Efforts, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. You understand that Go Fish is not required to screen any Merchants, Buyers, Sales Representatives, or other users of the Services. Any use of the Service is at your sole risk.

    Apple-Enabled Software Applications

    Go Fish offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms.With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

    • Go Fish and you acknowledge that these Terms of Service are concluded between Go Fish and you only, and not with Apple, and that as between Go Fish and Apple, Go Fish, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
    • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
    • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
    • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
    • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Go Fish’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
    • Go Fish and you acknowledge that Go Fish, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    • In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Go Fish and Apple, Go Fish, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
    • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Go Fish as follows:

    Administration@GoFishMarketplace.com

    Go Fish Marketplace

    PO Box 420161

    San Francisco, CA 94142

    Go Fish and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

    Intellectual Property Rights

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