A. Use of the Website

Welcome to https://fivefathoms.tv (the “Site”), owned and operated by Five Fathoms Inc. (“Five Fathoms”, “we”, “us” or “our”). Please read these Terms of Use (“Terms”) carefully.

By accessing or using the Site you agree to be bound by these Terms and all policies or guidelines incorporated by reference. The Terms include Our Privacy Policy, which sets out the terms by which we will process any personal information we collect from you, or that you provide to us.

If you do not agree to all of the terms and conditions in these Terms, you do not have permission to use the Site. We recommend you print a copy of these Terms for your records.

B. Changes to the Terms

We reserve the right, in our sole discretion and at any time, to change, modify, or amend any provisions of the Terms or policies and guidelines governing your use of the Site. Any such changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Site. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site.

C. Form Submission

When you submit your details to us via the forms on the Site, you warrant that all the details you supply, including without limitation, your name and e-mail address, are accurate, that you are authorized to use the email address that you provide and that you are at least eighteen (18) years old.

If you are below the age of 18, please obtain the permission of your parent or guardian before using the Site. We have no intention of collecting any personal information from individuals below the age of eighteen (18) without informed parental consent. Parents are encouraged to review their children’s email and internet activities to ensure that the Site is being used in accordance with these Terms.

We take your privacy seriously. Please read our Privacy Policy for details about what information we collect and how we may use it and will protect it.

D. Adult Users Only

The Site is not intended for children under the age of eighteen (18) without the permission and supervision of a parent or guardian. If you are under 18, you are not authorized to use this Site without a parent or guardian. By accessing the Site, you represent and warrant that you are 18 or over, or, if under 18, you are accessing the site with the permission and supervision of your parent or guardian.

E. External Links Disclaimer

The Site may contain links to third-party websites that are not operated or controlled by Five Fathoms. Use of these links to access other websites is at your own risk. Five Fathoms does not monitor or have control over, and makes no claims for the accuracy, reliability, or quality of any information or services provided or products sold at these websites. Five Fathoms establishes links to other websites for the convenience of its users; however, such links are not intended to by endorsements of the other websites. When you leave the Site, our Terms no longer govern. You should review all applicable terms and policies, including privacy and data gathering policies, of any third-party websites, and should make whatever investigation you feel is appropriate before proceeding with any transaction with any third party.

F. Five Fathoms Intellectual Property

The Site, and all content and other materials on the Site, including, but not limited to, the Five Fathoms logo and design, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, software and the selection, as well as any emails or documents prepared and/or sent to you by Five Fathoms, and arrangement thereof (collectively, the “Materials”) are our property and are protected by United States and international copyright, trademark, and other intellectual property laws.

Five Fathoms, the Five Fathoms logo, and any other product, service name, or slogan contained in the Site are trademarks of Five Fathoms, and may not be copied, imitated or used, in whole or in part, without our prior written consent. Additionally, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Five Fathoms and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

G. License and Restrictions

We grant you a limited, non-sub-licensable, non-exclusive and revocable license to access and make use of the Site and the Materials, solely in accordance with and subject to these Terms and any other applicable policies or guidelines contained on the Site. Except as otherwise expressly permitted by these Terms, you may not do any of the following: (i) collect, use, copy or distribute any portion of the Site or the Materials; (ii) resell, publicly perform or publicly display any portion of the Site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site or the Materials; (iv) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of Web site infrastructural resources; (vi) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (vii) use the Site or the Materials other than for their intended purposes.

H. Digital Millennium Copyright Act

Notices of alleged copyright infringement on the Site must comply with the Digital Millennium Copyright Act (“DMCA”), which can be found on the website of the US Copyright Office. To file a notice of infringement, send an email to admin@fivefathoms.tv with an attached and signed PDF containing the following:

The exact, permanent URL on the Site of each allegedly infringing image, video, music, text, or other content that you wish to have removed;

Your email address and telephone number;

Proof of your copyright regarding the content in question; and

The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

I. Representations

By using the Site, you represent, warrant, acknowledge and agree to the following:

Your use of the Site is in accordance with and does not violate these Terms;

Any and all information you provide to us is truthful and accurate;

You will not use the Site in any manner that may:

Violate or infringe upon the rights of any third party, including, without limitation, any copyright, trademark, privacy, moral rights, contracts, or other personal or proprietary rights;

Cause injury of any kind to any person or entity, including, but not limited to, any slander, libel or defamation; and

Violate or encourage others to violate any applicable local, state, national, and international laws, rules, or regulations.

J. Indemnity

You agree to defend, indemnify, and hold harmless Five Fathoms and Five Fathoms’ parents, subsidiaries, partners, principals, members, officers, employees, representatives, contractors, and permitted assigns (each, an “Indemnified Party”) from and against any and all third-party claims, liabilities, deficiencies, judgments, awards, settlements, damages, losses, fines, injuries, penalties, fees, costs and expenses (including reasonable attorney’s fees and expenses in connection with your use of the Site, any breach or gross negligence or willful misconduct in connection with the Terms, or any other act or omission by you.

K. Liability

By accessing the Site, you agree to not hold Five Fathoms, any party involved in maintaining the Site, and any of Five Fathoms’ officer, directors, employees, or agents, liable or responsible for the following:

Any third party websites linked to the Site, or the material on such third party websites, including, but not limited to loss or damage to due computer viruses or malware;

Loss of profit, loss of business opportunity, or any other indirect, punitive, or consequential loss.

Five Fathoms does not warrant that any of the features contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site’s server is free of viruses or malware. You are responsible for configuring your information technology and platform to access the Site, and should use your own virus protection software.

By accessing this Site, you agree that Five Fathoms does not have any obligations of confidentiality, non-disclosure, or non-use, except those explicitly set out in our Privacy Policy.

L. Assignment

Five Fathoms may assign or transfer any of the rights, duties, or obligations contained in these Terms without your consent, provided that said assignee shall assume all of Five Fathoms obligations thereunder.

M. Severability

If any provisions of these Terms are found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect, or render invalid or unenforceable any other provision of these Terms, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

N. Waiver

Any failure by Five Fathoms to enforce any provision contained in these Terms will not be construed as a waiver by Five Fathoms of its right to enforce that provision or any other provision of these Terms, and will not operate as an amendment to these Terms.

O. Headings and Construction

The headings in these Terms are purely for convenience and are not to be used as an aid in interpretation.

P. Jurisdiction and Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to the principles of conflicts of law. Any action or claim brought under these Terms or for any matter arising out of or in any way relating to this Site shall be heard in and venue shall be located in New York County in the State of New York.

Q. Entire Agreement

These Terms and the policies and guidelines incorporated by reference constitute the entire agreement of the Parties in connection with the use of the Site. It is expressly warranted by you that no promises or inducements have been offered except those set forth in these Terms.

R. Reports and Additional Information

If there is any additional information you would like regarding these Terms, or you believe there is a violation of these Terms and you would like to report it to us, please direct the information to admin@fivefathoms.tv. Reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.

This Privacy Policy was last updated on February 16, 2022.

Maintaining your privacy and protecting your personal information is of the utmost importance to us. This privacy policy (“Privacy Policy”) tells you about the information Five Fathoms Inc. (“Five Fathoms”, “We”, “Us” or “Our”) collects on this website, www.fivefathoms.tv (the “Site”), and how we use that information.

By accessing or using the Site you consent to the information collection and use practices described in this Privacy Policy.

A. CHANGES TO THE TERMS

We reserve the right, in our sole discretion and at any time, to change, modify, or amend any provisions of the Privacy Policy. Any such changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of such changes or modifications constitutes your acceptance thereof. If you do not agree to any changes or modifications to the Privacy Policy, your sole recourse is to stop using the Site.

B. ADULT USERS ONLY

We do not knowingly allow anyone under eighteen (18) to provide any personally identifying information to us without the express permission of a parent or guardian. If you are under 18, please do not provide us with any personally identifying information, such as your name, email address, or telephone number, unless you obtain the permission of your parent or guardian beforehand. We have no intention of collecting any personal information from individuals below the age of 18 without informed parental or guardian consent.

C. EXTERNAL LINKS DISCLAIMER

The Site may contain links to third party websites. If you choose to visit these other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies of those websites to confirm that you understand and agree with their policies.

D. TYPES OF INFORMATION WE COLLECT

We may collect two categories of information from you: (a) information you supply when you fill out forms on the Site, and (b) information collected by us as you navigate through the Site.

E. PERSONALLY IDENTIFYING INFORMATION

We may include forms on the Site that ask you to provide your name, email address, and other contact information. You are not required to provide this information to gain access to and use the Site.

F. WEB BROWSER INFORMATION

Similar to most other websites, we gather certain information on the Site and automatically store it in log files. This information includes internet protocol (“IP”) addresses, smart phone and table MAC addresses, browser type, internet service provider (“ISP”), referring and exit pages, operating system, date and time stamps, and clickstream data. We may use this information to analyze trends, administer the Site, track movement on the Site, and gather information about our user base as a whole. We do not link this automatically-collected information to personal information.

G. DEVICE ADDRESS INFORMATION

Your computer IP address, device MAC address, or other, similar addresses are logged with each visit and each action performed on the Site. This information is never provided to third parties, except as may be otherwise stated in this Privacy Policy and is logged only for a temporary period of time.

I. HOW YOUR INFORMATION MAY BE USED BY US

We use information about you to provide you with the services that you request from us, to respond to your questions and comments, and to measure interest in and improve our services and the Site. We may use your personal information to verify your identity, to check your qualifications, or to follow up with transactions initiated on the Site. We may also use your contact information to inform you of any changes to Five Fathoms or to send you additional information about Five Fathoms.

Sharing with Third Parties: We do not share personal information with third parties for their direct marketing purposes. If our practices change, we will provide you with the relevant information as required by applicable law.

Employees, Third-Party Processors and Third-Party Service Providers: We may disclose personal information to our employees, contractors, affiliates, distributors, dealers, vendors, and suppliers who process personal information on our behalf, or assist us in the provision or operation of the Site.

Anonymous Information: We may use anonymous information to analyze traffic on the Site, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.

Sharing or Disclosure of Personal Information: We may share or disclose to third-parties personal information as necessary to provide you with our services; or in connection with a corporate transaction such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. We may also disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Five Fathoms, (2) protect and defend the rights or property of Five Fathoms or the users of the Site, or (3) act under circumstances to protect the safety of the public or users of the Site.

We process your information to meet our legitimate interests when we use your information to provide you with our content, products and/or services, to communicate with you, for our advertising and marketing purposes and in the context of a corporate transaction. To accomplish our legitimate interests, we may share your information with our corporate affiliates, service providers and business partners (including for our advertising and marketing purposes) and in the context of a corporate transaction.

J. USE OF COOKIES

We may use cookies so you can get the most out of the Site. Cookies are small amounts of information in the form of text files that are stored on the device(s) you use to access the Site. Cookies allow us to monitor your use of the software and simplify your use of the Site.

If you do not wish for cookies to be installed on the device(s) you use to access the Site, you can change the settings on your web browser or device to reject cookies. For more information about how to reject cookies using your web browser, please consult the “Help” section of your web browser.

Please note that if you do set your web browser to reject cookies, you may not be able to access all of the features of the Site.

Additionally, the Site contains content and links to other websites that are operated by third parties that may also use cookies. We do not control these third-party sites or cookies, and this Privacy Policy does not apply to them. Please consult the privacy policies of those third-party websites to find out how they collect and use your information, and to establish whether and for what purpose they use cookies.\

K. SECURITY

Five Fathoms has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration. This includes: (a) ensuring the physical security of our offices; (b) ensuring the physical and digital security of our equipment and devices by using passwords and encryption; (c) maintaining a data protection policy for our employees; and (d) limiting access to personal information we collect solely to those who need to use it in the course of their work.

L. CALIFORNIA PRIVACY RIGHTS

California law requires that operators of websites and online services disclose how they respond to a Do Not Track signal and whether other third parties may collect personal information about an individual’s online activities from their website or service. Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the website or online service that a user visits, indicating that the user does not wish to be tracked. Because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signals. We continue to work with the online industry to define a common understanding of how to treat Do Not Track signals.

M. VISITING OUR SITE FROM OUTSIDE THE UNITED STATES

If you are visiting the Site from outside the United States, please be aware that your information may be stored and processed in the United States, where our servers are located and operated. Please be aware that the data protection and other laws of the United States might not be as comprehensive as those in your country. However, please be assured that we take steps to ensure that your privacy is protected. By using the Site, you agree that your information may be transferred to our facilities and those third parties with whom we share it, as described in this Privacy Policy.

N. CONTACTING US

In certain circumstances, you may have a right to access or object to the use of personal information held about you. You may also ask us to rectify, update, erase, restrict or to share your information in a usable format with another company, in each case subject to applicable law. We encourage you to contact us to update or correct your information. We will make every effort to comply with your request unless we have a lawful reason not to do so.

The Site is operated by Five Fathoms Inc. If you have any questions about this Privacy Policy, our practices related to the Site, or any other inquiries please feel contact us at the following email address: admin@fivefathoms.tv