TERMS AND CONDITIONS

Welcome to Raremind Artworks!

These are the terms and conditions for:

https://www.fishdazed.com

By accessing the Raremind Artworks’ websites and using the services,you agree to be bound by these terms and conditions and our Privacy Policy. If you do not accept all of these terms, then you may not use our website. In these terms, “we”, “us”, “our” and “Raremind Artworks” refers to Raremind Artworksand “you” and “your” refers to you, the user of our websites.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, CONTENT, PRODUCTS OR SERVICES.

1. ACCEPTANCE OF TERMS

These terms set forth legally binding terms. By using Raremind Artworks, you agree to be bound by these terms. If you do not accept the terms of this agreement, you should leave Raremind Artworks websites immediately. We may modify these terms from time to time, and such modification shall be effective upon its posting on Raremind Artworks. You agree to be bound by any modification to this agreement when you use Raremind Artworks after any such modification is posted; it is therefore important that you review these terms regularly.

You represent and warrant that your use of the services does not violate any applicable law or regulation. Raremind Artworksmay, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website and the services is revoked in such jurisdictions.

By providingRaremind Artworkswith your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request via the contact information. Opting out may prevent you from receiving emails about updates, upgrades or offers.

2. ELIGIBLITY

You may use the website and services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The use of the websitefor children under 13 years is prohibitedand older children should be supervised and given appropriate guidance in their use of our website and content. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.

You represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.

3. DISCLOSURE

By accessing the website, using the services and content available through the websites, you accept personal responsibility for the use of the information available on the websites. Raremind Artworks provides resources and content for entertainment purposes only.

We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources.Any use of the material provided on this website is at your own risk.

We make no representations or warranties of any kind (expressed or implied) about the completeness, accuracy, reliability, suitability or availability of any information, products, services or related images, photographs, graphics contained on Raremind Artworkswebsite for any purpose. Our aim to provide you with accurate information at the time of publishing, but some information will understandably be less accurate as time passes. Should you find any inaccurate information, please do not hesitate to contact us, and we can update said info as soon as possible.

4. USER CONTENT

Certain features of the websites may allow users to upload and publish content on Raremind Artworkswebsites and social networks. Users retain any copyright they may have in the content they publish through the website. Raremind Artworksis not responsible for the accuracy, safety or legality of content uploaded by users to the Website and to social networks. Users are solely and exclusively responsible for their content and for the publication of their content through the Raremind Artworkswebsites and social networks. By uploading their content through the websites, users authorize Raremind Artworksto use and store their content.By providing user content through the websites, you grant Raremind Artworksa worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, modify, and display your content on the Websites and our social networks, in accordance with these terms and our privacy policy.

5. USER CONTENT REPRESENTATIONS AND WARRANTIES

Raremind Artworks disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the websites. By providing user content via the service, you affirm, represent, and warrant that:

a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Raremind Artworks and users of the Service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Raremind Artworks, the website, and these Terms.

b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Raremind Artworks to violate any law or regulation.

c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

d) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.

6. THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

7. LICENSE TO USE THE PLATFORM

Raremind Artworks gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Raremind Artworks as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Raremind Artworks, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.The user agrees not to use the website negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of theRaremind Artworkswebsite or third parties.

8. GENERAL COPYRIGHT

All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilations and software, is the property of Raremind Artworks or its content providers (users) and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Raremind Artworks or its content providers (users) and is protected by international copyright laws. All software used on this site is the property of Raremind Artworks or its software suppliers and is protected by international copyright laws.

You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.

9. COPYRIGHT COMPLAINTS

Raremind Artworks respects the intellectual property of others, and expects users to do the same.Raremind Artworks complies with the regulations and laws protecting intellectual property, any use or infringement of our content to the copyrights of third parties, would only be made by mistake. At no time does Raremind Artworks intend to take unfair advantage of the copyrights of third parties.

If you believe, in good faith, that any materials provided on or in connection with the Raremind Artworkswebsite infringe upon your copyright or other intellectual property right, please send the following information:

i. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.

ii. A statement specifically identifying the location of the infringing material, with enough detail that Raremind Artworks may find it on Raremind Artworkswebsite. Please note: it is not sufficient to merely provide a top-level URL.

iii. Your name, address, telephone number and e-mail address.

iv. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.

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

vi. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

10. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Raremind Artworks or licensed to the Raremind Artworks by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the websites. Additionally, you agree not to:

i. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available byRaremind Artworks;

ii. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;

iii. Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services;

iv. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

v. Deep-link to any portion of the services for any purpose without our express written permission;

vi. “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;

vii. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Raremind Artworks in connection with the services;

viii. Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content;

ix. Download any content unless it’s expressly made available for download by Raremind Artworks.

11. DISCLAIMER OF WARRANTIES

Raremind Artworkswill provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.

Because of the nature of the Internet,Raremind Artworksprovides and maintains thewebsite on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use thewebsite in breach of these terms you will be liable to and will reimburse Raremind Artworksfor any loss or damage caused as a result.

Raremind Artworkswill not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Raremind Artworksexcludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Raremind Artworksand Raremind Artworksshall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information onRaremind Artworks.

• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of thewebsite or any product or service purchased through the website.

• Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.

• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessingor using content from thewebsite, or from transmissions via emails or attachments received from Raremind Artworks.

• All representations, warranties, conditions and other terms which but for this notice would have effect.

12. RAREMIND ARTWORKSAND THIRD PARTIES

Raremind Artworks contains Content of third-party licensors to Raremind Artworks, which is protected by copyright, trademark, patent, trade secret and other laws. Raremind Artworks owns and retains all rights, title and interest in the Content. Raremind Artworks hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through Raremind Artworks or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Raremind Artworks and using the Service.

Any dealings with third parties included within or on Raremind Artworks involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Raremind Artworks is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Raremind Artworks does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Raremind Artworks or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Raremind Artworks is provided to you for informational purposes only. Raremind Artworks encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Raremind Artworksworks to ensure the information on Raremind Artworks is current and accurate.

13. SECURITY COMPONENTS

You understand that Raremind Artworks and software embodied within Raremind Artworks may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Raremind Artworks and/or content providers who provide content to Raremind Artworks. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Raremind Artworks.

14. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted byRaremind Artworks for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

15. INDEMNIFICATION

You agree to defend and indemnify Raremind Artworks from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this Agreement or the documents referenced herein.

• Your violation of any law or the rights of a third party.

• Your use of the Raremind Artworks website and services.

16. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users and visitors. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email)or without any warning.

17. PERSONAL DATA

Any personal information yousubmit in connection with the use of thewebsite, will be used in accordance with our Privacy Policy.Please refer to our Privacy Policy.

18. ASSIGNMENT

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Raremind Artworks without restriction.

19. INTEGRATION CLAUSE

This Agreement together with the Privacy Policy and any other legal notices published by Raremind Artworks, shall constitute the entire agreement between you and Raremind Artworksconcerning and governs your use of the services and website.

20. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of theRaremind Artworkswebsite, will be settled by binding arbitration between you and Raremind Artworks, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

21. HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These termsset forth the entire understanding and agreement between us with respect to the subject matter therein.

22. FINAL PROVISIONS

These terms are governed by the USA law (State of Virginia). Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this paragraph.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

The English version shall prevail of all legal statements, statutory declarations made by Raremind Artworks, including the present Agreement. Raremind Artworks does not accept any kind of legal claims, or other complaints for the misunderstandings as a result of any mistranslation.

Any rights not expressly granted herein are reserved.

23. CONTACT US

If you have questions or concerns about these terms,please contact us at:

mail@raremindartworks.com