TERMS OF USE AGREEMENT

Acceptance of Terms

Eight-O Management, Inc. ("Eight-O") welcomes you.  Eight-O/Flying Fish provides its service to you subject to this Terms of Use Agreement ("Terms of Use").  Eight-O/Flying Fish reserves the right to update the Terms of Use at any time without notice to you.  You can review the most current version of the Terms of Use by clicking on the "Terms of Use" link located at the bottom of our web pages.

Description of Services

Eight-O/Flying Fish, through its web property "www.FlyingFishinthe.Net" (the "Eight-O/Flying Fish Website"), provides you with a variety of resources, including, without limitation, news and information about Eight-O/Flying Fish, your account information, the ability to communicate electronically with Eight-O/Flying Fish, and access to products available on or through the Eight-O/Flying Fish Website (the "Services").

Changes to Terms and Conditions

Eight-O/Flying Fish may, from time-to-time, and at its sole discretion, modify these Terms of Use.  The modified Terms of Use will be effective immediately upon posting.  You agree to the new posted Terms of Use by continuing your use of the Eight-O/Flying Fish Website.  You agree to review the Terms of Use periodically and your continued use of the Eight-O/Flying Fish Website following such modification will indicate your acceptance of any modified Terms of Use.  If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Eight-O/Flying Fish Website.

Privacy Policy

See the Eight-O/Flying Fish Website Privacy Policy on this website for information regarding the collection and use of your personal information.  You consent to Eight-O/Flying Fish using such information and materials collected by the Eight-O/Flying Fish Website under the terms of the Eight-O/Flying Fish Privacy Policy. 

Intellectual Property

All materials displayed on, or contained within, the Eight-O/Flying Fish Website, including, without limitation, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks and service marks (collectively, the "Materials"), are the property of Eight-O/Flying Fish or its licensors and are protected by copyright, trademark and all other applicable intellectual property laws.  The Eight-O/Flying Fish name, designs and related marks contained within the Materials are trademarks of Eight-O/Flying Fish.  You acknowledge and agree that the Eight-O/Flying Fish Website and the Materials are the property of Eight-O/Flying Fish and its respective service providers, suppliers or licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights or other intellectual property on the Eight-O/Flying Fish Website or in its Materials.  The Eight-O/Flying Fish Website and its Materials are protected by copyright, both individually and as a collective work or compilation, by trademark and patent laws, and by other applicable laws. 

Eight-O/Flying Fish hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use, display and make a reasonable number of copies of the Materials (excluding the design or layout of the Eight-O/Flying Fish Website) only for noncommercial and personal use and only in accordance with these Terms of Use.  Any copies that you make of the Materials must retain all copyright and other notices.  Use of the Materials, as set forth below, is only permitted with the express prior written consent of Eight-O/Flying Fish and/or its licensors.  Except as expressly provided for in these Terms of Use, without Eight-O/Flying Fish's prior written consent, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast or circulate any Eight-O/Flying Fish Website content, including, but not limited to, any Materials, to any third party; (ii) participate in the transfer or sale of any Eight-O/Flying Fish Website content, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any Eight-O/Flying Fish Website content, including, but not limited to, the Materials.  You are not permitted to use any of the trademarks of Eight-O/Flying Fish, or its respective licensors, suppliers or service providers displayed on the Eight-O/Flying Fish Website, without the prior written consent of Eight-O/Flying Fish or the third party that owns the trademark.  No portion of the content on the Eight-O/Flying Fish Website may be stored in a computer except for personal and non-commercial use.

Your Obligations

You may use the Eight-O/Flying Fish Website's features, offerings and content for lawful purposes only.  By using the Eight-O/Flying Fish Website, you represent and warrant that:  (i) you have the power and authority to accept these Terms of Use and to enter into this agreement with Eight-O/Flying Fish; and (ii) you understand and accept the terms, conditions and risks relating to the use of the Eight-O/Flying Fish Website content and its Materials.  If you do not agree with these Terms of Use or are in any way dissatisfied with the Eight-O/Flying Fish Website or its Materials, your exclusive remedy is to discontinue using the Eight-O/Flying Fish Website.

No Endorsement of Third Party Sites

The Eight-O/Flying Fish Website may contain links to or reference third party websites, resources and advertisers (collectively, "Third Party Sites").  Your linking to such Third Party Sites is at your own risk.  Eight-O/Flying Fish is not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made on the Third Party Sites.  Eight-O/Flying Fish also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites.  No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Eight-O/Flying Fish Website.  Under no circumstances shall Eight-O/Flying Fish or any affiliated providers be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites.  You should direct any concerns to the respective Third Party Site's administrator or webmaster.  Any links to Third Party Sites do not imply that Eight-O/Flying Fish is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of Eight-O/Flying Fish.

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

Disclaimers of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE Eight-O/Flying Fish WEBSITE IS AT YOUR SOLE RISK.  THE Eight-O/Flying Fish WEBSITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  Eight-O/Flying Fish, ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.  Eight-O/Flying Fish, AND EACH OF ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, ASSUMES NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.  Eight-O/Flying Fish RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE Eight-O/Flying Fish WEBSITE.  Eight-O/Flying Fish MAY MAKE ANY OTHER CHANGES TO THE Eight-O/Flying Fish WEBSITE AT ANY TIME WITHOUT NOTICE.

Limitations of Liability

Eight-O/Flying Fish AND ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM ANY PRODUCT AVAILABLE ON OR THROUGH THE Eight-O/Flying Fish WEBSITE, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE MATERIALS OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY MATERIALS ON THE Eight-O/Flying Fish WEBSITE (OR A THIRD PARTY WEBSITE LINKED TO THE Eight-O/Flying Fish WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE NEGLIGENCE OF Eight-O/Flying Fish OR BY THE NEGLIGENCE OF ITS RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.  ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Protecting Information

The Eight-O/Flying Fish Website has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control.  However, complete confidentiality and security is not yet possible over the Internet.  Eight-O/Flying Fish assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of any information transmitted over the Internet.

Violations of Terms of Use

Eight-O/Flying Fish reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block or restrict access from a particular Internet address to the Eight-O/Flying Fish Website.

Indemnification

You agree to indemnify, defend, and hold Eight-O/Flying Fish, and its respective shareholders, members, partners, directors, managers, officers, employees, agents, information providers, suppliers, and attorneys, harmless from any and all liabilities, losses, claims, and expenses, including, but not limited to, all legal fees and costs arising from or relating to (i) your failure to comply with any of these Terms of Use; and (ii) your use of the Eight-O/Flying Fish Website.  Eight-O/Flying Fish has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Eight-O/Flying Fish Website.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules.  You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use or your use of the Eight-O/Flying Fish Website reside in the courts located in the State of Texas.  You further expressly agree to submit to the personal jurisdiction of the courts located in Dallas County, Texas, for the purpose of litigating any such claim or action.

Miscellaneous

This Section, and the provisions of these Terms of Use addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law, shall survive the termination of these Terms of Use.

These Terms of Use and the Eight-O/Flying Fish Website Privacy Policy contained on this website, constitute the entire agreement between the Eight-O/Flying Fish and you with respect to your use of the Eight-O/Flying Fish Website, and supersede all previous written or oral agreements.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall not be given any legal import.

BY USING THE Eight-O/Flying Fish WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREIN.

Updated: August 4, 2008

PRIVACY POLICY

Eight-O/Flying Fish Management, Inc. ("Eight-O/Flying Fish") is committed to protecting your privacy.  We strongly believe in protecting the privacy of the personally identifiable information you share with us. We also believe it is important to inform you about how we will use your personal data and to give you choices about how those data will be used.  Therefore, we encourage you to read this Privacy Policy carefully.

This Eight-O/Flying Fish Privacy Policy ("Privacy Policy") explains data collection and use practices of the web property "beerknurd.com" (the "Eight-O/Flying Fish Website").  By accessing and using the Eight-O/Flying Fish Website, you consent to the information collection and use practices described in the Privacy Policy.  This Privacy Policy is subject to all the terms and conditions set forth in the Terms of Use for this Eight-O/Flying Fish Website that is posted on the bottom of this page.

If you have any questions about the Privacy Policy, you may contact Eight-O/Flying Fish using the information below (the "Contact Information"):

Email: know80@anotherplanet.com

Write to us at:

Eight-O/Flying Fish Management, Inc.

8226 Douglas Ave Suite 311

Dallas, TX 75225

If the Privacy Policy changes, we will post an updated version on the Eight-O/Flying Fish Website.  The policy revision date will be posted at the bottom of this page.

Why should you share your personal data with Eight-O/Flying Fish?

Sharing your personally identifiable information enables us to offer you a number of benefits.  It will make it easier and more convenient for you to:

• purchase products online;
• register your account information;
• request information specific to your interests;
• receive personalized messages and special offers that are relevant to your interests; and
• save time by storing your preferences.

You may choose to share your information with us in a number of ways online, such as completing a registration form, registering a purchase or subscribing to a newsletter.  The information, as gathered, also will allow us to conduct market research to help provide more responsive customer service and to improve our website.

Frequently Asked Questions

What kind of information does Eight-O/Flying Fish collect about me?

How do you use my information?

Does Eight-O/Flying Fish share my information with third parties?

How do I access my information? How do I change my information?

How does Eight-O/Flying Fish protect kids' privacy?

What are cookies? How does Eight-O/Flying Fish use cookies on its site?

How do I know if my information is secure?

What about links to other websites and services?

Can Eight-O/Flying Fish change this privacy policy?

These questions are answered below:

What kind of information does Eight-O/Flying Fish collect about me?

We collect information you voluntarily submit to Eight-O/Flying Fish, for example:

•           identifying information, such as your name and email address;

•           security information, such as your username, and password or password hint;

•           contact information, such as your name, mailing address and phone number;

•           billing information, such as credit card, expiration date, billing address and account history;

•           Eight-O/Flying Fish Website behavior, such as the pages visited, downloads, or searches requested; and

•           browser information such, as the browser version, IP address, and the presence of various plug-ins and tools

How do you use my information?

As appropriate, the personal information collected on the Eight-O/Flying Fish Website will be used to operate or improve the Eight-O/Flying Fish Website, to provide our many service(s), or to carry out the transaction(s) you have requested or authorized.

In support of these uses, Eight-O/Flying Fish may use your personal information (i) to provide you with more effective customer service, (ii) to improve the Eight-O/Flying Fish Website and any related products or services, and (iii) to make the Eight-O/Flying Fish Website easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the Eight-O/Flying Fish Website to your particular preference or interests.

Does Eight-O/Flying Fish share my information with third parties?

Eight-O/Flying Fish may employ third party vendors and service providers ("Service Providers") to perform various functions on its behalf.  Services provided by Service Providers may include, but are not limited to, (i) managing customer information, (ii) processing credit card or check card payments, (iii) analyzing data, (iv) developing, hosting and maintaining the Eight-O/Flying Fish Website and any related databases, or (v) communicating about Eight-O/Flying Fish.  Eight-O/Flying Fish does not authorize any of the Service Providers to make any other use of your information or to contact you outside the context of the services related to the Eight-O/Flying Fish Website.

Eight-O/Flying Fish reserves the right to disclose information about you as required by law, in response to legal process and law enforcement requests, and as necessary to protect the property, interests and rights of Eight-O/Flying Fish, its affiliates, and others.

How do I access my information?  How do I change my information?

Your personal information can be accessed and changed by contacting Eight-O/Flying Fish using the Contact Information provided above.  Please be sure to include your full name and email address when contacting Eight-O/Flying Fish to access or change your personal information.  Also, please allow one (1) week for email requests and three (3) weeks for postal mail requests to be fulfilled.

How does Eight-O/Flying Fish protect kids' privacy?

If you are a parent or legal guardian of a child under the age of 18, and your child has provided Eight-O/Flying Fish with personal information using the Eight-O/Flying Fish Website, you may contact Eight-O/Flying Fish using the Contact Information provided above and we will delete any and all personal information about your child as soon as reasonably possible.

What are cookies?  How does Eight-O/Flying Fish use cookies on its site?

Some of our Web Sites will send a "cookie," a small text file, to your computer. This allows us to recognize your computer the next time you visit, without bothering you with another request to register.  And, if you use an online "shopping cart," cookies allow us to keep track of the products you purchase.  If you do not wish to receive cookies, please refer to the "Help" file of your Internet Browser either to learn how to block all cookies or how to receive a warning before a cookie is stored.  To learn more about cookies, we encourage you to visit www.cookiecentral.com.

If you visit the Eight-O/Flying Fish Website to browse, read, or download information, we collect and store some "visitor information" from you, such as the name of the domain and host from which you access the Internet, the Internet Protocol (IP) address of the computer you are using, the date and time you access the Eight-O/Flying Fish Website, and the Internet address of the website from which you linked directly to the Eight-O/Flying Fish Website. We use this information to measure the traffic on the Eight-O/Flying Fish Website and to help us make the Eight-O/Flying Fish Website more useful.  We delete this information after some time.

How do I know if my information is secure?

We recognize our responsibility to protect the information you entrust to us.  Eight-O/Flying Fish uses a variety of secure techniques to protect your information, including secure servers, firewalls, and encryption of financial data.

What about links to other websites and services?

The Eight-O/Flying Fish Website may contain links to or reference third party websites, resources and advertisers (collectively, "Third Party Sites").  These Third Party Sites are not controlled by Eight-O/Flying Fish and, therefore, are not subject to this Privacy Policy.  You should check the privacy policies of these individual Third Party Sites to see how your personal information will be utilized by the operators of those Third Party Sites before providing any personal information.  Eight-O/Flying Fish is not responsible for the content or practices of any linked third party websites, and we provide these links solely for the convenience and information of our visitors.

Can Eight-O/Flying Fish change this privacy policy?

Eight-O/Flying Fish may change this privacy policy at any time without notice.  However, if the Privacy Policy changes, we will post an updated version on the Eight-O/Flying Fish Website.  The policy revision date will be posted at the bottom of the page.

All Sales final.

Updated: October 2, 2008