Site Terms of Use

TERMS OF USE AND LEGAL NOTICES FOR GLOFISH.COM EFFECTIVE OCTOBER 1, 2014

Thank you for visiting GloFish®!

As we are a family oriented business and children comprise a large part of our audience, we have a deep commitment to our Privacy Policy and Terms of Use.  Children under the age of 13 are not allowed to provide us with their contact information.

If any individual voluntarily provides us with contact information in either the “Stay Connected” or “Contact Us” section of our site, that information represents personally identifiable information.  If you voluntarily provide us with personal information as part of a sweepstakes, contest, or other promotional activity, that information represents personally identifiable information.  Unless otherwise stated, your personal information will never be shared with a third party.

If, at any time, GloFish conducts a sweepstakes, contest or other promotional event, the Rules, Eligibility Requirements and other applicable regulations will be clearly posted to GloFish.com.  If the promotional event is announced on Facebook or any other social media site, GloFish will comply with all requirements of such platform.

Terms of Use

Please read these Terms carefully before using GloFish.com. By using this website, you indicate your agreement to these Terms of Use including the rules of conduct for sharing content set forth below in our Privacy Policy.  You further acknowledge that you understand that the Terms of Use may be updated from time to time and that you agree to be bound by them as amended and posted to our website.  If you do not agree with these Terms of Use, please do not use the website.

Proprietary Materials
All materials contained on this website are Copyright ©2013 Yorktown Technologies, L.P. (“Yorktown”) or are licensed or otherwise published by Yorktown with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.

No materials contained on this website may be copied, modified, published, broadcast, or otherwise distributed or reproduced without the prior written permission of Yorktown.

The information contained on this website, or any other website owned, operated, licensed, or controlled by Yorktown, as well as the design and layout of such websites, contains elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part. No text, logo, graphic, sound, or image from this website may be copied, or retransmitted without the express written permission of Yorktown.

Trademarks
GloFish® is a trademark of Yorktown. All other trademarks, service marks, logos, slogans, domain names and trade names (collectively “Marks”) are the properties of their respective owners.

Warranties
YORKTOWN MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE ACCURACY, SUITABILITY, OR SAFETY OF THE INFORMATION CONTAINED ON THIS WEBSITE OR ANY LINKED SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED “AS IS” AND WITH SPECIFIC DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

YORKTOWN MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES PROVIDED BY THIS WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE ARE FREE FROM VIRUSES OR OTHER FORMS OF HARMFUL COMPUTER CODE.

IN NO EVENT SHALL YORKTOWN, ITS EMPLOYEES, ITS AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES OR PRODUCTS, BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE.

Unless otherwise specified, the materials in the website are presented solely for the purpose of promoting products where available in the United States, its territories, possessions and protectorates.  Yorktown may change, add or delete programs, products, or services described in this website at any time without notice. This website is controlled and operated by Yorktown from its offices in the state of Texas, United States of America. Yorktown makes no representation that materials, information or products available via or on the website are available for use in each of the United States of America or outside the United States of America. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable.

This agreement shall be governed by and construed in accordance with the laws of the state of Texas, without giving effect to any principles of conflicts of law. 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 is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Unsolicited Submissions
Yorktown welcomes comments regarding its products and services. However, our policy is not to accept or consider creative ideas, suggestions or materials other than those we may specifically request.  Please understand that the intent of this policy is to avoid conflict when projects or products developed by the Yorktown team are similar to another individual’s work. Accordingly, we must ask that you not send us any such ideas. While we value your feedback on our services and products, we request that you be specific in your comments on those services and products and not submit any creative ideas, suggestions or materials. If, despite this request, you send us creative suggestions, drawings, formulas, ideas, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of Yorktown. None of the Information shall be subject to any obligation of confidentiality on the part of Yorktown and we shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

Privacy Policy

Yorktown has created this Privacy Policy to reflect our commitment to your privacy.  This policy will advise you of the following:

  • Children’s Guidelines;
  • What personally identifiable information we may collect;
  • How the information may be used;
  • With whom the information may be shared;
  • Our policy on deleting your information from our database and our opt-out policy;
  • Our policy on updating or correcting personally identifiable information; and
  • Security of information

This policy is effective October 1, 2014.

Children’s Guidelines

  • Children under the age of 13 are not allowed to provide us with personally identifiable information either online or offline.
  • If we learn that a child under the age of 13 has provided us with personally identifiable information, we will immediately purge that information from our files and make reasonable efforts to notify the child’s parent or guardian.
  • We do not disclose a child’s personally identifiable information to third parties.
  • We do not provide a forum for children to publicly post or otherwise distribute personally identifiable contact information without prior parental consent.

The information we may collect and how it may be used
We are able to learn more about you when you interact with our site. We collect and store statistics and other information about our visitors’ online activities on an aggregated basis. Certain sections of GloFish.com use “cookies” to store user information. A cookie is a small string of text that a website can send to your browser. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your email address. Cookies help us understand which parts of our website are the most popular, where our visitors are going, and the length of time they spend there. We use cookies to study traffic patterns on our site so we can make the site even better.

If you are just browsing GloFish.com, a cookie identifies only your browser. It is possible to set your browser to inform you when a cookie is being placed. In this way, you have the opportunity to decide whether to accept the cookie. If you are just browsing our site you do not have to accept a cookie and you can still continue browsing the site.  We also track the number of people who view each page to learn which features are the most popular. But in these, and almost all other instances, we do not obtain personally identifiable information about you.

In those instances where we do collect personally identifiable information, it is to improve your experience on our site. Examples of voluntarily submitting personally identifiable information include providing us information in our “Stay Connected” or “Contact Us” section, entering sweepstakes or contests, or sending us feedback.

With whom your information may be shared
We do not share your information with any third party unless required to cooperate with law enforcement officials for the investigation of alleged unlawful activities related to the use of our site and we will have no legal liability for such disclosures.

Changing or Removing Your Information
You can opt-out of receiving any future communications from us at any time. If you want to remove your information from our database and not receive future communications or registration-required service(s), please click here.

You may update or change your personal information.  To do so, please click here and advise us what information is to be corrected.

Security of Information
Yorktown makes every effort to ensure the security of your personal information.  Unfortunately, no data transmission over the Internet can be guaranteed 100% secure. You will never receive a request from Yorktown for information in an unsolicited phone call.  You will never receive a request from Yorktown for sensitive information such as bank account or credit card information, social security numbers, etc.  If you should receive such a communication, immediately notify us from the Contact Us section of our website.

This website contains links to external websites and we are not responsible for the content or privacy practices of these external websites.  Be sure you understand the terms, policies, and practices of any external website including social media platforms such as Facebook, Twitter, Pinterest, etc. as they modify their Privacy Setting options from time to time. You control these settings and it is important that you keep yours current and reflective of the level of access you want others to have to your data.

The privacy policy described here applies only to GloFish.com, and not to other companies’ or organizations’ website to which we link, or which link to us. Also, while Yorktown hopes to provide a safe and secure online experience, be very careful about sharing your personal information with other people you might meet as a result of your visit to GloFish.com.