Welcome to Fishingfavors!
This Agreement applies to all Users of the Service. If you do not agree with any part of this Agreement, you must not use the Service. Your continued use of the Service will constitute your acceptance of this Agreement. Any new features or tools which are added to the current Service shall also be subject to this Agreement. You can review the most recent version of this Agreement at any time here. We reserve the right to update, change, or replace any part of this Agreement by posting updates and/or changes. It is your responsibility to check the Service periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.
PLEASE NOTE: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE. BY BINDING YOURSELF TO THIS AGREEMENT AND USING OUR SERVICES HEREUNDER, YOU EXPRESSLY WAIVE YOUR RIGHT TO BRING CLAIMS OUTSIDE OF ARBITRATION.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing, and no definition should be considered binding to the point that it renders this Agreement nonsensical:
In order to use our Service, you must meet a number of conditions, including but not limited to:
All of the content in the Service is made available only for your personal, lawful use. Use of the Service by a competitor company or other non-consumer third party is prohibited.
You may not use our Service for any unlawful purpose and agree that it is solely your responsibility to ensure that the use of the Service is lawful in the jurisdiction in which you are located. In addition to other prohibitions as set forth in the Agreement, you must not:
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We reserve the right to limit functionality of your account (temporarily or permanently) due to technical, security, legal, or other reasons, including, but not limited to:
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) in its entirety as well as with regard to any individual User without notice at any time. We reserve the right to reclaim and repurpose any username or URL on the Service.
We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.
In order to access certain features of the Service, you must become a User by signing up for the Site and creating an account ("User Account"). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Such information includes, but is not limited to your skills, experience, qualifications, credentials, availability, related rules and conditions, and any other information that is relevant to other Users. You are solely responsible for the accuracy of the information provided in your User Account.
You should not reveal your username or password to any other person. We will never ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and us and our employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your User Account. This includes illegal or improper use by someone to whom you have given permission to use your User Account or whom you have negligently allowed to access your User Account.
You may only possess one (1) User Account. We reserve the right to suspend or terminate your User Account and your access to the Service if you create more than one (1) User Account, if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of this Agreement, or if any activity that occurs with respect to your User Account violates this Agreement.
Fishingfavors does not charge a subscription fee and is supported by collecting commissions from Engagement transactions entered into by its Users. By offering your service as a Doer and accepting online payments via the Service, you agree that we will withhold 8% (in case of Shopping&Delivery and International Shopping&Delivery engagement categories - 4%) but no less than 1.00 USD of any such Engagement transaction as the Fishingfavors service fee. The detailed information of all fees and commissions is set forth on our Service Fees page. Fees and fee transactions via the Service may be in any applicable currency at Crowdfavor's discretion including, without limitation, cryptocurrencies.
When create a User Account and from time to time thereafter, you may be required to validate your User Account, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity. You authorize us, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address, financial accounts, and any other representations you make in connection with your account, that we determine to require verification, subject to applicable law. When requested, you must provide us with information about you and your business.
Askers are allowed to post their Listings (Favor Requests) for further response and engagement by Doers. As an Asker, you agree that all information provided in your Listing is accurate and current and bears any information that is relevant to the Provider Service you request. You are solely responsible for the accuracy of the content provided in your Listing.
You represent and warrant that your Listing is not in violation of any governmental rules or regulations, or rights of third parties, including but not limited to federal, state, and local laws and regulations.
Please note that Fishingfavors does not verify and assumes no responsibility for Asker and/or Doer compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations.
You are solely responsible for any User Content submitted by you. You understand that all your communications via any component of the Service are public, and you have no expectation of privacy regarding such communications. You are responsible for complying with all laws applicable to your User Content. You agree not to submit to the Service, or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity). You will not provide inaccurate, misleading or false information to us or to any other User of the Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change contacting us at email@example.com.
We may, in our sole discretion and without notice, review and delete any User Content, but are under no obligation to do so. We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk.
You represent and warrant that you have all necessary rights in and to any User Content that you submit within the Service, that such User Content does not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify us and our employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant us permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity.
You hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed.
You further hereby grant to us the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content or your User Account, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.
You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Service is at your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.
You are solely responsible for your interactions with other Users. You understand that we do not conduct criminal background checks or other screenings of our Users. We also do not verify the statements of our Users and make no representations or warranties as to the conduct of Users or their compatibility with any current or future User. We reserve the right to conduct any criminal background check or other screenings, at any time and using available public records.
We are not responsible for the conduct of any User. In no event shall we, our agents, affiliates, or partners be liable (directly or indirectly) for any losses or damages, whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Service.
You agree to take all necessary precautions in all interactions with other Users in both online and in person settings. You understand that we make no guarantees, either express or implied, regarding your compatibility with Users or other persons you encounter while in use of the Service or as a result of using the Service.
You may not use any portion of the Service to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited.
You may not advertise any goods or services on any component of the Service, or otherwise exploit your participation on or through the Service for any commercial purpose.
Fishingfavors is an Internet-based service providing secure transaction management between Askers and Doers for service engagements. The Service includes assisting Doers and Askers in creating, negotiating, and managing their transactions as well as dispute resolution. The Service intends to relieve the Asker of the risk of paying for a service that the Asker does not receive and relieve the Doer of the risk of providing a service and not receiving valid payment for it. Fishingfavors provides a platform for the negotiation of service engagements between Users, including description of the transaction, terms, price, and performance deadlines. The Service also allows both Users to monitor each step of the transaction and will notify the Users when further action is required.
When both Users (Asker and Doer) agree to the terms of the Service Engagement, the Asker will pay Fishingfavors the amount of Engagement price, which will be credited to the Asker's account at Fishingfavors (the "Fishingfavors Escrow Account"). Fishingfavors will then instruct the Doer to provide the services in accordance with the Service Engagement. When the Asker certifies that it is satisfied with the services received in accordance to the terms of the Service Engagement, the Site debits the Fishingfavors Escrow Account of the Asker and credits the Fishingfavors Escrow Account of the Doer with the amount of Engagement price net of Fishingfavors' service fee. At the User's request, the Site will transfer the amount from Fishingfavors Escrow Account to the User via PayPal, wire transfer, Automatic Clearing House ("ACH") credit, or e-check. Fishingfavors will transfer funds only to accounts maintained in the name of the User, or make checks only to the name of the User. Fishingfavors will not pay third parties, nor handle any payments not related to a transaction registered at Fishingfavors in accordance with the Service Engagement.
After completing Provider Service as a Doer and receiving your first funds, or paying Engagement price to Fishingfavors as an Asker, the Site will automatically deploy and maintain your Fishingfavors Escrow Account to receive and withdraw payments and to make payments to the Site for payment processing and other fees.
Payment processing fees may be withheld from User's Fishingfavors Escrow Account in accordance with the Service Fees page.
Disputes between Users arising out of Service Engagements will be resolved in accordance with the dispute resolution provisions provided by the Site.
The Service provides a platform which enables Users to create Listings for Provider Services and Providers to browse those Listings and provide Provider Services directly to the Users. Users acknowledge and agree that Fishingfavors is not a party to any communications, interactions, or agreements between its Users. Fishingfavors does not, in any way, supervise, direct, or control Providers or their work. Fishingfavors does not set Providers' hours, schedules, prices, or any component of various Provider Services. Crowffavors has no control over the conduct of Users of the Service, or any Provider Services, or third parties related to any Users or Provider Services. Fishingfavors disclaims all liability in this regard to the maximum extent permitted by law. Service Engagements between Users will not, under any circumstance, create an employment or other service relationship between Fishingfavors and any User.
You agree that by using our Service, you are receiving a license to access, download, and use the Service in compliance with this Agreement, applicable laws, and any additional terms located within our Service which are hereby incorporated into this Agreement by reference. This license may be used by you only, and you are solely responsible and liable, and agree to indemnify us to the fullest extent, including attorneys' fees and court costs, for any legal action or dispute that arises from the use of your license by someone other than you. You must not attempt to reverse engineer, redistribute, resell, or otherwise copy or manipulate our Service.
We may revoke our license to you at any time for any reason without notice or explanation, and we shall not, in any event, be liable to you for any losses suffered as a result of any unanticipated cancellation of our Service. We will generally attempt to notify you prior to cancelling your access to our Service unless you have breached this Agreement or any applicable law, though we are not obligated to do so.
At times, the Service may allow you to connect to or communicate with other apps, websites, or services owned, operated, or controlled by third-parties, including those linked to by other Users ("Third-Party Services"). Links to Third-Party Services are offered strictly for informational and convenience purposes and should not be construed as referrals or endorsements by us of the Third-Party Services. The Third-Party Services are developed and maintained by the respective third parties and are governed by their own terms of service and privacy policies. You should read the privacy policies and terms of service engagements of all Third-Party Services. We are not responsible for the content of Third-Party Services, nor do we make any warranties or representations with regard to the content, accuracy, opinions, warranties, products or services, privacy or security, intellectual property compliance, or links of such Third-Party Services.
We make every effort to provide complete, accurate, and up-to-date information on our Service. Unfortunately, it is not possible to ensure that any service is completely free of human or technological errors. Occasionally, our Services may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to change or update information at any time without prior notice.
We assume no obligation to update, amend, or clarify information in the Service or any Third-Party Service (as defined below), including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any Third-Party Service, should be taken to indicate that all information in the Service or on any Third-Party Service has been modified or updated.
Our Service may become unavailable from time to time due to security reasons, legal reasons, technical updates, or other reasons. You agree that we are not obligated to inform you of such downtime—even if we are aware that it may occur—or to provide a reason for it, and that you release us from all liability relating to the unavailability of our Service.
We rely on the uniqueness of its Service and content to distinguish itself from third party competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Service, including content licensed to us by third parties, without receiving our prior written permission.
Fishingfavors, www.fishingfavors.com are the trademarks used by us to uniquely identify our Service and business. You agree not to use these phrases anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own service, whether or not it competes directly or indirectly with us or our Service.
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
You must sign this notification electronically and send it to our Copyright Agent at firstname.lastname@example.org
Letters containing the foregoing may be mailed to:
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regard to any allegation of trademark infringement, and we will address it as soon as practicable.
Similar to the DMCA provisions above, United States law include Section 230 of the Communications Decency Act and the First Amendment to the Constitution of the United States, create a defense for us for the actions of third parties in regard to any defamatory content posted on our Service. Although we are not liable for defamatory words posted on our Service by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at email@example.com if any of our Users have posted anything that you believe is defamatory. Note that administrators and management should, ideally, be the first party you contact in response to any defamation by another User.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY ACTIONS BY AN ADMINISTRATOR, MANAGER, EMPLOYEE, OR OTHER USER WHICH MAY CAUSE HARM TO YOU, EVEN IF WE BECOME AWARE IN ADVANCE THAT SUCH ACTIONS MAY OR WILL OCCUR AND DO NOT NOTIFY YOU.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS IN INFORMATION PROVIDED THROUGH OUR SERVICE OR ANY OTHER DAMAGE THAT MAY ARISE FROM SUCH CONTENT.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE SERVICES PROVIDED BY OUR SERVICE OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR PERMANENTLY.
WE ARE NOT RESPONSIBLE FOR CONFIRMING OR OTHERWISE AUTHENTICATING THE CREDENTIALS AND/OR PROFESSIONAL LICENSES (WHERE APPLICABLE) OF ANY DOERS ON OUR SITE. DOERS SHALL BE INDEPENDENT CONTRACTORS TO ASKERS AND OTHERWISE HAVE NO RELATIONSHIP OF CONTROL OR AUTHORITY WITH CROWDFAVORS.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Those who access or use the Service from other jurisdictions not in the United States do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign, and local laws and regulations, including but not limited to export and import regulations. Your promise and agree to use the Service in strict compliance with any local, domestic, national, and/or territorial laws, rules, and regulation that are or may be applicable.
You agree to indemnify and hold harmless us and any of our affiliates, employees, officers, directors, agents, successors, and assigns for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Service, or the permitted use by others of your license and User Account. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the State of New York. The offer and acceptance of this contract are deemed to have occurred in the State of New York.
Except as specifically stated herein, all other Disputes not eligible for resolution in Small Claims Court shall be resolved exclusively by final, binding arbitration. You hereby waive your right to have any future Dispute heard by a judge or jury (except as otherwise set forth in this Section 26). The provisions of this Section 26 shall constitute your and Fishingfavors's written agreement to arbitrate Disputes under the Federal Arbitration Act. Any modification to this Agreement shall be in writing and signed by you and Fishingfavors. The arbitration will be administered by the American Arbitration Association and conducted before a single arbitrator pursuant to its rules.
You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. In addition, you agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action. The arbitrator does not have the power to vary these provisions.
Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court of competent jurisdiction in the State of New York, seeking an injunction or other equitable relief arising out of or relating to the infringement of a party's or a third party's intellectual property rights.
You agree that any cause of action arising out of or related to the service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be permanently barred.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that any Dispute that, for whatever reason, is deemed not subject to the jurisdiction requirements set forth above shall be subject to exclusive jurisdiction in the state or federal courts in New York County, New York.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, we shall have the sole right to elect which provision remains in force.
We reserve all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate your access to our Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Crowdfavors LLC is a limited liability company formed lawfully in the State of Delaware.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about the Company must be addressed to our agent for notice and sent via certified mail to that agent. For our agent's most current contact information, please send a request to firstname.lastname@example.org.
Lastly, California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated June 18, 2019.