Terms of Service | Fishbowl Challenge

Thank you for using the Fishbowl Challenge website at https://fishbowlchallenge.com (the “Site”) and using Fishbowl Challenge’s (the “Company”, “Fishbowl Challenge,” “we”, “us”, “our” and the like) Site to apply for the Fishbowl Challenge competition and/or donate to us (such application and/or donation, together with the Site, collectively, the “Fishbowl Challenge Services”). These Terms of Service (“Agreement”) are made by and between Fishbowl Challenge and the individual accepting this Agreement or the entity which such individual represents, as applicable (“you”, “your” and the like) and governs your use of the Fishbowl Challenge Services. If the individual accepting this Agreement is doing so on behalf of an entity, such individual represents, warrants and covenants that he/she has all necessary authority to do so. These Terms of Service govern your browsing, viewing and other use of the Site.

Please read this Agreement carefully, as it (among other things) provides: (a) in Section 13 that you and the Company will arbitrate certain claims instead of going to court and that you will not bring class action claims against the Company; (b) In Section 5 that certain terms and conditions apply with respect to recurring subscription charges for certain paid account types. Please only apply or donate on the Site or otherwise use the Site if you agree to be legally bound by all terms and conditions herein. Your acceptance of this Agreement creates a legally binding contract between you and the Company. If you do not agree with any aspect of this Agreement, then do not apply on the Site or otherwise use the Fishbowl Challenge Services.

Note for Children. Use of the Fishbowl Challenge Services by anyone under the age of 13 is prohibited. By using the Fishbowl Challenge Services, you represent and warrant that are you at least 13 years of age.

The Company’s Privacy Policy, at [ http://fishbowlchallenge.com/privacypolicy ] (the “Privacy Policy”), describes the collection, use and disclosure of data and information (including location and usage data) by the Company in connection with the Site. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to the collection, use and disclosure practices set forth therein.

The Site allows for users to upload content that may be viewed by other users. As further described in Section 6.4, inappropriate content, including without limitation content that is obscene, pornographic or defamatory, is not allowed and is subject to removal. If you see any prohibited content within the Site, please notify the Company using the “Contact Us” form or via email at info@fishbowlchallenge.com. Users who upload prohibited content may have their accounts terminated.

How it Works. If you are an undergraduate student or postgraduate student enrolled in a university or college, or you have accepted admission into a university or college as of the date defined on the Site, you may submit an application to enter the Fishbowl Challenge competition (the “Competition”). If your application is selected to advance further in the Competition, you may be provided access to a password-protected page on the Site. You may access this page on the Site by providing us with an email address and logging in with a password provided by us (your “Advancing Applicant Information”). You are responsible for maintaining the accuracy, completeness, and confidentiality of your Advancing Applicant Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Advancing Applicant Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Advancing Applicant Information secure. If you discover any unauthorized use of your Advancing Applicant Information or suspect that anyone may be able to access your information without authorization, you should immediately notify us. If you are a donor, you may use the Site to make a donation to the Company, in accordance with the terms set forth in Section 5 of this Agreement. Certain areas of the Site may also allow users to post and exchange opinions and information. Note that use of the Site is open to the general public, and the Company does not screen in any manner any users.
Representations and Warranties. You represent, warrant and covenant that, in connection with this Agreement or the Site, you will not and will not attempt to: (i) violate any laws, third party rights or our policies; (ii) re-join or attempt to use the Fishbowl Challenge Services if the Company has banned or suspended you; (iii) defraud the Company or another user; or (v) use another user’s account or allow another person to use your user account. Any illegal activities undertaken in connection with the Fishbowl Challenge Services may be referred to the authorities.
Ownership; Proprietary Rights. As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Fishbowl Challenge Services and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Company Materials. The Company reserves the right to modify or discontinue the Fishbowl Challenge Services or any version(s) thereof at any time in its sole discretion, with or without notice.
Third Party Sites. The Site may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third-party sites and services, products or services made available through them, or your use of or interaction with them.
Payments.
1. General. Payment processing for donations made on the Site is provided by PayPal Pte. Ltd., (“PayPal”) or other third-party payment processors we may utilize from time to time (“Payment Processor”). By using the PayPal payment processing services to make a donation, you acknowledge that PayPal is providing payment processing services in connection with donations on the Site, agree to the PayPal User Agreement available at https://www.paypal.com/ga/webapps/mpp/ua/useragreement-full and agree to the collection, use, and disclosure practices by PayPal set forth in the PayPal Privacy Policy, available at https://www.paypal.com/ga/webapps/mpp/ua/privacy-full. Company does not collect or store your credit card information. You can find out more about our privacy practices in our Privacy Policy. By providing a credit card or other payment method accepted by Company and using the Site to make a donation, you represent and warrant that you are authorized to use the designated payment method. You must resolve any problem we or our Payment Processor encounter in order to proceed with your use of the donation feature on our Site.
2. Recurring Donations; Fees. By signing up to make a payment and providing your payment information, you agree to pay us (and authorize our Payment Processor to charge you) the donation amount as well as any other fees you expressly choose to incur in connection with your donation or any other Fishbowl Challenge Services. If you choose to make recurring donations on a monthly basis, you acknowledge and agree that the payment method provided by you will be automatically charged the fees you incur in connection with your donation, and represent and warrant that you have all necessary rights relating to such payment instrument to authorize Company to make such charges. Your use of the donation feature on the Site may be suspended if we are unable to charge such payment instrument for any reason or if your monthly donation amount is otherwise past due. The fees applicable to your donation may be subject to modification from time to time pursuant to notice (which may be given via e-mail) provided by us at least thirty (30) days in advance of the payment date for which the modification would be effective. You may at any time cancel your donation as set forth below if you do not agree to any modified fees. All fees must be paid in U.S. dollars (or such other currency(ies) which may be accepted by Company from time to time, as indicated at the time of payment) and are non-refundable.
3. Cancellation of Monthly Donation Service. YOU MAY CANCEL YOUR RECURRING DONATION AT ANY TIME BY CONTACTING US AT [info@fishbowlchallenge.com]. TO NOT BE CHARGED FOR YOUR DONATION FOR THE FOLLOWING MONTH, YOU MUST CANCEL YOUR DONATION AT LEAST THIRTY (30) DAYS PRIOR TO THAT MONTH, OR YOU WILL OTHERWISE BE CHARGED FOR THAT MONTH’S DONATION. ALL CANCELLATION REQUESTS RECEIVED LESS THAN THIRTY (30) DAYS BEFORE THE FOLLOWING MONTH WILL APPLY TO THE FOLLOWING CYCLE.
4. Information. Users agree to provide all information requested by Company and/or PayPal in connection with enabling payment processing hereunder, verifying their identities, satisfying IRS reporting obligations and complying with any legal or compliance requirements. Users shall promptly notify Company and/or PayPal of any change or update to any information previously provided to Company and/or PayPal (as applicable). Users acknowledge that Company may provide their transaction activity and other information relating to payments made on the Site to PayPal. In addition, from time to time, PayPal may have an obligation to provide certain notices or forms, such as tax invoices, to users. Users hereby agree that Company is entitled to receive such notices and forms on their behalf, without PayPal being obliged to directly provide the notices and forms to them. Upon receipt of any such form, Company shall promptly make such notices and forms available to the applicable user in a manner consistent with applicable law.
  1. Modifications. Company may from time to time change the Payment Processor upon notice to you. In such event, you acknowledge that, as a condition of your continued use of the Site, you shall be required to: (i) agree to different terms and conditions applicable to such Payment Processor which may be materially different than the terms and conditions applicable to the then-current Payment Processor, (ii) agree to a modified version of this Agreement and/or (iii) provide all information and take such other actions as are required by the Payment Processor in connection with its payment processing service. In the event you do not wish to comply with any of the foregoing requirements, your sole remedy shall be to cease using the donation features on Site.
  2. Liability. You acknowledge that by entering into this Agreement and/or engaging in payments through the Site, you are also entering into separate agreements directly with PayPal, that Company is not a party to such separate agreements and that Company is not an affiliate of PayPal. You acknowledge and agree that Company does not control PayPal or its performance of payment processing services, and that Company shall have no liability of any kind for any act or omission (including negligence) of PayPal or any claim, demand, suit, damage, judgment, liability, loss, expense or cost incurred by you in relation to the performance or non-performance of payment processing services by PayPal, other than to the extent to which any of the foregoing may arise from the gross negligence or willful misconduct of Company.
  3. Data. Company shall have the right to retain all data and information collected through your use of PayPal’s payment service and: (i) use such data and information for its internal business purposes, such as analyzing usage of the Fishbowl Challenge Services and informing the development of its products and services; and (ii) disclose such data and information in aggregate form in a manner that does not identify you. In addition, Company may disclose such data and information to the extent required by law or legal process.
User Content
1. We may, with your consent, upload, post and share work product or other materials created by you (including without limitation any proposals, business plans, and testimonials made by you in connection with the competition) and other text, images, audio and video, including in a manner such that it may be viewed by other end users of the Fishbowl Challenge Services (“User Content”). You acknowledge that all posted User Content is stored on and made available through the Site by the Company’s servers and not on your device.
2. You understand that all User Content is provided to you through the Fishbowl Challenge Services only on an “as-available” basis and the Company does not guarantee that the availability of User Content will be uninterrupted or bug free. You agree you are responsible for all of your User Content and all of your activities conducted on the Fishbowl Challenge Services.
3. You hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, display, transmit and prepare derivative works of your User Content in connection with the Fishbowl Challenge Services, the competition and the Company’s (and its successor’s) business, in any media formats and through any media channels. This license, with your consent, also grants the Company the right to additionally distribute, publicly perform, and publicly make available User Content in connection with the Fishbowl Challenge Services, the competition, and the Company’s (and its successor’s) business, in any media formats and through any media channels. The Company agrees not to display your User Content in any advertising materials without your consent, other than the display of User Content on web sites owned or controlled by the Company (such as http://fishbowlchallenge.com).
4. In connection with your User Content, you further agree that you will not: (i) use material that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) use material that is unlawful, defamatory, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) post advertisements or marketing content or solicitations of business, or any content of a commercial nature. The Company may investigate an allegation that any User Content does not conform this to Agreement and may determine in good faith and in its sole discretion whether to remove such User Content, which it reserves the right to do at any time. If you are a copyright holder and believe in good faith that your content has been made available through the Fishbowl Challenge Services without your authorization, you may follow the process outlined at [ http://fishbowlchallenge.com/dmcapolicy ] to notify the Company’s designated agent (pursuant to 17 U.S.C. § 512(c)) and request that the Company remove such content.
5. You hereby acknowledge that you may be exposed to User Content from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Fishbowl Challenge Services, and further acknowledge that the Company does not control the User Content posted by users and does not have any obligation to monitor such content for any purpose.
Prohibited Uses. As a condition of your use of the Fishbowl Challenge Services, you will not use the Fishbowl Challenge Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Fishbowl Challenge Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Fishbowl Challenge Services. You agree not to scrape or otherwise use automated means to access or gather information from the Fishbowl Challenge Services, and agree not to bypass any robot exclusion measures we may put into place. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we believe (in our sole discretion) is false or misleading (including a profile that impersonates a third party).
Additional Terms. When you use certain features or materials of the Fishbowl Challenge Services, or participate in a particular promotion, event or contest through the Fishbowl Challenge Services, such use or participation may be subject to additional terms and conditions posted on the Site. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation.
Termination. You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement or your use of the Fishbowl Challenge Services, at any time and without notice. The Company may also in its sole discretion and at any time discontinue providing the Fishbowl Challenge Services, or any part thereof, with or without notice. You agree that the Company shall not be liable to you or any third-party for any such termination. Sections 2, 3, 4, 5.4.2, 5.4.3, and 6 through 14 will survive any termination of this Agreement.
Disclaimers; No Warranties. THE FISHBOWL CHALLENGE SERVICES AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FISHBOWL CHALLENGE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE FISHBOWL CHALLENGE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FISHBOWL CHALLENGE SERVICES OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification. You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Fishbowl Challenge Services, breach of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE FISHBOWL CHALLENGE SERVICES, INCLUDING YOUR USE THEREOF, THE COMPETITION, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE AND COMPETITION EXCEED ONE HUNDRED U.S. DOLLARS.
Arbitration.
1. Agreement to Arbitrate. This Section 13 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and Company arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
2. Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
3. Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 12. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company.
4. Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
5. Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
6. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
8. Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
Miscellaneous. The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the user interface or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. Under this Agreement, you consent to receive communications from the Company electronically. The Fishbowl Challenge Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Fishbowl Challenge Services that is not subject to arbitration under Section 13 shall be filed only in the state or federal courts in California (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.
More Information; Complaints. If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.