Understanding Your End-User License Agreement

Definitions and key terms

To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, are strictly defined as:

Cookie: small amount of data generated by a website and saved by your web browser. It is used to recognize your browser. It provides analytics. It remembers information about you, like your language preference or login information.

Company: This policy uses terms like “Company,” “we,” “us,” or “our.” These refer to Jonathon Fish T/A Jon Fish Artist, 44 Meadow Rd, Netherfield, Nottingham NG4 2FR. This entity is responsible for your information under this Eula.

Country: where Jon Fish Artist or the owners/founders of Jon Fish Artist are based, in this case is United Kingdom

Service: refers to the service provided by Jon Fish Artist. It is described in the relative terms, if available, and on this platform.

Third-party service: refers to advertisers, contest sponsors, and promotional and marketing partners. It also includes others who offer our content. These are people whose products or services we think interest you.

Website: site, which can be accessed via this link: https://jonathon.fish/

You: a person or entity that is registered with Jon Fish Artist to use the Services.

Introduction

This End User License Agreement is called the “Agreement.” It is a binding agreement between you and Jonathon Fish T/A Jon Fish Artist. You are referred to as “End User,” “you,” or “your.” Jonathon Fish T/A Jon Fish Artist is referred to as “Company,” “we,” “us,” or “our.” This Agreement governs the relationship between you and us, and your use of the Company Jon Fish Artist. Throughout this Agreement, End User and Company each are referred to as a “Party” or collectively, the “Parties”.

The terms “End User”, “you”, and “your” apply to both you and the Organisation. If you are using the website on behalf of your employer, then it is referred to as an “Organisation.” This applies also if the website is used on behalf of another entity. In such cases, the terms “End User”, “you”, and “your” apply to both you and the Organisation. These apply to both you and the Organisation. These terms apply to you as an individual and to the Organisation. If you use, or buy a license or to, the website on behalf of an Organisation, you hereby acknowledge, guarantee, and covenant that you have the authority to

1) buy a license to the website on behalf of the Organisation;

2) bind the Organisation to the terms of this Agreement.

By downloading, installing, accessing, or using the website, you agree to the terms. You affirm that you have all the necessary permissions and authorisations to access and use the website. If you are using the website under a license purchased by an organisation. Confirm that the organisation has authorised your access to the website. You are authorised to access the website. You also confirm that you are authorised to use it. You acknowledge that you have read and that you understand this agreement. You assert that you are of sound mind. You confirm that you are of legal age (18 years of age or older). This lets you enter into a binding agreement. Finally, you accept and agree to be legally bound by the terms and conditions of this agreement.

If you do not agree to these terms, do not download, install, access, or use the software. if you have already downloaded the software, remove it from your computing device.

The Application is licensed to you by Jon Fish Artist. It is not sold. Use it strictly adhering to the terms of this Agreement.

License

Under the terms of this Agreement and, if applicable, those terms provided in the License Agreement, Jon Fish Artist grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:

(a) You download, install, and use the Software on one (1) Computing Device. This applies per single user license that you have purchased and been granted. If you have multiple Computer Devices in which you wish to use the Software, you agree to acquire a license for the number of devices you intend to use;

(b) access, view, and use on such Computing Device the End User Provided Materials made available in or otherwise accessible through the Software, strictly according to this Agreement, and any other terms and conditions applicable to such End User Provided Materials;

(c) Install and use the trial version of the Software on any number of Computing Devices. This is allowed for a trial period of fifteen (15) unique days after installation.

(d) Get updates and new features. These become available during the one (1) year period from the buy date of the license to the Software.

Restrictions

You agree not to, and you will not allow others to:

Do not license, sell, rent, or lease the Application. Do not assign, distribute, or send the Application. Avoid hosting, outsourcing, or revealing the Application. Do not commercially exploit the Application or make it available to any third party.

Change, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

Remove any proprietary notice, including any notice of copyright or trademark, of Jon Fish Artist. Alter or obscure any proprietary notice of its affiliates, partners, suppliers, or the licensors of the Application.

Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures, and inventions (whether patentable or not) are part of the Software. This includes trademarks, service marks, trade secrets, know-how, and other confidential information. It also covers trade dress, trade names, logos, corporate names, and domain names. All associated goodwill, derivative works, and all other rights are included. These rights (collectively, “Intellectual Property Rights”) shall always stay the exclusive property of Jon Fish Artist. They also belong to its suppliers or licensors, if and when applicable. Nothing in this Agreement grants you (or any Organisation) a license to Intellectual Property Rights.

You acknowledge that this Agreement provides a limited license. This license permits you to use Intellectual Property Rights solely as part of the Software. It is not allowed to be used independently of it. The license is valid only for the effective Term stated in this Agreement. Thus, if you use any of Intellectual Property Rights independently of the Software, it will be considered an infringement. Such use outside the scope of this Agreement shall also be considered an infringement of Intellectual Property Rights. This does not restrict Jon Fish Artist’s right to claim for a breach of contract. This applies if you breach any term or condition of this Agreement. You shall use the highest standard of care. Protect all Software, including all copies, from infringement, misappropriation, theft, misuse, or unauthorized access. Except as expressly granted in this Agreement, Jon Fish Artist reserves all rights, title, and interest in the Software. This includes copyrights and copyrightable topics. It includes trademarks and brandable topic matter. It also includes patents and patentable topic matter, trade secrets, and other intellectual property rights. These rights are registered or unregistered. They be granted, applied-for, or both now in existence or created later, relating thereto.

You shall keep ownership of all Intellectual Property Rights. This applies to the work products that you create through the Software. The same applies if you create them with the assistance of the Software. The Organisation also retains ownership if and as applicable.

Your Suggestions

Feedback, comments, ideas, improvements, or suggestions you give to Jon Fish Artist will stay with them. They will stay the property of Jon Fish Artist. This includes “Suggestions” related to the Application. They shall continue the sole and exclusive property of Jon Fish Artist.

Jon Fish Artist shall be free to use, copy, change, publish, or redistribute the Suggestions for any purpose. This can be done in any way without any credit or any compensation to you.

Modifications to Application

Jon Fish Artist reserves the right to change, suspend, or stop the Application. This can occur temporarily or permanently. Such changes happen with or without notice, and without liability to you.

Updates to Application

Jon Fish Artist will from time to time give enhancements or improvements to the features or functionality of the Application. These include patches, bug fixes, updates, upgrades, and other modifications (“Updates”).

Updates change or remove certain features and/or functionalities of the Application. You agree that Jon Fish Artist has no obligation to supply any Updates. Jon Fish Artist is not obligated to continue providing any particular features of the Application. Additionally, Jon Fish Artist is not obligated to allow specific functionalities for you.

You further agree that all Updates will be deemed to constitute an integral part of the Application. They will also be under the terms and conditions of this Agreement.

Term and Termination

This Agreement shall continue in effect until terminated by you or Jon Fish Artist.

Jon Fish Artist can suspend or end this Agreement at any time for any reason. This decision can be made at their sole discretion. They act with or without prior notice.

This Agreement will end promptly if you fail to follow any provision of this Agreement. Jon Fish Artist will not give prior notice. You also end this Agreement by deleting the Application and all copies of it from your computer.

Upon termination of this Agreement, you shall cease all use of the Application. You must remove all copies of the Application from your computer.

Termination of this Agreement will not limit any rights or remedies at law or in equity. This applies in case of breach by you (during the term of this Agreement). It concerns any of your obligations under the current Agreement.

Indemnification

You agree to indemnify, defend and hold harmless Jon Fish Artist and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to:

i) your use or misuse of the Software;

ii) your failure to comply with any applicable law, regulation, or government directive;

iii) your breach of this Agreement; or

iv) your agreement or relationship with an Organisation (if applicable) or any third party.

Furthermore, you agree that Jon Fish Artist assumes no responsibility for the information or content you provide. It assumes no responsibility for the content you make available through this Software. Jon Fish Artist also assumes no responsibility for the content that is made available to you by third parties.

No Warranties

The Application is provided to you “AS IS” and “AS AVAILABLE.” It includes all faults and defects without warranty of any kind. To the fullest extent permitted under applicable law, Jon Fish Artist disclaims all warranties. This is done not only on Jon’s own behalf but also on behalf of its affiliates. It includes their respective licensors and service providers. These disclaimers include all warranties, whether express, implied, statutory or otherwise, with respect to the Application. This also includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Warranties arising out of course of dealing, course of performance, usage or trade practice are also disclaimed. Without limitation to the foregoing, Jon Fish Artist provides no warranty or undertaking. Jon makes no representation that the Application will meet your requirements or achieve any intended results. He does not guarantee compatibility or functioning with any other software, applications, systems, or services. The Application does not work without interruption. It does not meet any performance or reliability standards or be error free. There is no assurance that any errors or defects can or will be corrected.

Neither Jon Fish Artist nor any provider makes any representation or warranty of any kind. This is true whether the warranty is express or implied. They do not warrant the operation or availability of the Application. They also do not guarantee the information, content, and materials or products included thereon. They do not assure (ii) that the Application will be uninterrupted or error-free. They do not promise (iii) the accuracy, reliability, or currency of any information or content provided through the Application. Furthermore, they do not affirm (iv) that the Application and its servers are free of viruses. The content is also not free of scripts or trojan horses. E-mails sent from Jon Fish Artist contain harmful components. These components include worms, malware, and time bombs.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties. They also do not allow limitations on the applicable statutory rights of a consumer. As a result, some or all of the above exclusions and limitations do not apply to you.

Limitation of Liability

Even if you incur damages, the liability of Jon Fish Artist is limited. The liability of its suppliers under any provision of this Agreement is also limited. Your exclusive remedy for all the foregoing is restricted to the amount actually paid by you for the Application.

Jon Fish Artist or its suppliers shall not be liable for any special, incidental, indirect, or consequential damages whatsoever. This is to the greatest extent permitted by applicable law. This covers multiple damages, including loss of profits, loss of data or other information, and business interruption. It also includes personal injury and loss of privacy. These issues can arise out of the use of the Application. They also relate to the inability to use the Application, third-party software, and/or third-party hardware used with the Application. This applies even if Jon Fish Artist or any supplier has been advised of the possibility of such damages. It also applies even if the remedy fails for its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Thus, the above limitation or exclusion does not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed. It will be interpreted to achieve the objectives to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.

Waiver

Neither party’s failure to exercise a right shall act as a waiver of that right. A delay in exercising a right under this Agreement will not waive that right. Delaying in exercising a right does not waive that power. No single or partial exercise of any right or power under this Agreement will prevent further exercise of that right. Additionally, any other right granted here can also be exercised. If there’s a conflict between this Agreement and any applicable buy or other terms, this Agreement will prevail. It shall govern over the other terms.

Amendments to this Agreement

Jon Fish Artist reserves the right, at its sole discretion, to change or replace this Agreement at any time. If a revision is material we will give at least 30 days’ notice before any new terms take effect. What defines a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to the revised terms. You are bound by them. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

The laws of the United Kingdom shall govern this Agreement. Their conflicts of law rules are excluded. These laws also govern your use of the Application. Your use of the Application also is under other local, state, national, or international laws.

Changes to this agreement

We reserve the exclusive right to make changes to this Agreement from time to time. By continuing to access and use the website, you agree to be bound by the terms and conditions. These terms and conditions are posted at such times. You also accept these terms and conditions. You acknowledge and agree that you accept this Agreement each time you load the website. You accept any amendments each time you access or use the website. So, we encourage you to review this Agreement regularly.

If you decide that you do not agree to the updated terms, you can withdraw your acceptance. This must be done within thirty (30) days of us posting changes or amendments to this Agreement. You can give us written notice of your withdrawal. Once you give us the withdrawal notice, you can’t access or use the website anymore.

No Employment or Agency Relationship

This Agreement does not intend to create any relationship between you and Jon Fish Artist. You are considered only an end user of the website and services provided. No part of the relationship between you and Jon Fish Artist shall be deemed to create any other relationship.

Fair Relief

You acknowledge and agree that your breach of this Agreement would cause Jon Fish Artist irreparable harm. Money damages alone would be inadequate. Besides damages and any other remedies to which Jon Fish Artist is entitled, we will seek injunctive relief. You acknowledge and agree to this condition. This relief aims to prevent the actual, threatened, or continued breach of this Agreement.

Headings

The headings in this Agreement are for reference only. They shall not limit the scope of this Agreement. Nor shall they otherwise affect the interpretation of this Agreement.

Geographic Restrictions

The Company is based in the United Kingdom. It provides access and use primarily for persons located in the United Kingdom. It maintains compliance with United Kingdom laws and regulations. If you use the website from outside the United Kingdom, you are solely and exclusively responsible for compliance with local laws.

Limitation of Time to File Claims

You must commence any cause of action or claim you have that arises from this agreement or the website. This must be done within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

Entire Agreement

The Agreement forms the entire agreement between you and Jon Fish Artist concerning your use of the Application. It supersedes all prior and contemporaneous written or oral agreements between you and Jon Fish Artist.

You are liable to extra terms and conditions. These terms apply when you use or buy other services. Jon Fish Artist will give them to you at the time of use or buy.

Contact Us

Don’t hesitate to contact us if you have any questions about this Agreement.

• Via Email: [email protected]
• Via Phone Number: 07976806219
• Via this Link: https://jonathon.fish/
• Via this Location: 44 Meadow Rd, Netherfield, Nottingham NG4 2FR