Fishagora Terms & Conditions of Use
TERMS AND CONDITIONS
Last Updated:  14 August, 2022
The platform Fishagora is managed and hosted by Fishagora LLC. (hereinafter referred to as "Fishagora,"
“we,” “us,” “our”), a company registered in Connecticut, with a business location at 201 West High Street
B-16, East Hampton CT 06424. These Terms and Conditions (“Terms”) are a legally binding agreement
between you and Fishagora regarding your access and use of the Site. BY ACCESSING OR USING THE
SITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO
COMPLY WITH THEM AND BE LEGALLY BOUND BY THEM.
1. INTRODUCTION
1.1 Welcome to the App. Please read these Terms carefully. These Terms set forth the terms and
conditions by which you may access and use the Site. (In particular, please read Section 17 (Liability
Limitations; Warranty Disclaimers) carefully as it affects your rights and will have a substantial impact on
how claims between you and Fishagora are resolved.) If you do not agree to these Terms, you are not
authorized to access or use the App. If you agree to these Terms, you will be able to access and use our
App as a Visitor or as a User, and you will have the opportunity to be a Buyer and a Seller of Items on the
Site. Fishagora does not buy, sell, exchange, or donate Items shown on the App. Fishagora is an online
hosting service and offers Intermediary Services. Fishagora functions as an intermediary between private
buyers and sellers, and Fishagora is not a party to any Transactions between Users. (Capitalized terms are
defined in Section 2 of these Terms.)
1.2 Who Can Not Use the App. The App is not intended for the following persons:
(i) Non-US Residents. You are only authorized to use the App if you are a resident of the continental
United States, Alaska, Hawaii or Puerto Rico. Do not use the App if you do not live in one of these areas. If
you live in a different area, Fishagora may have a separate App for your area.
(ii) Minors. The App is not intended for access or use by persons who are under 18 years old. You must be
18 years old or older to register and use the App.
Do not create a User account or otherwise use the Site if you are not authorized to do so.
1.3 Account. To buy, sell, exchange, or donate Items on the App and use certain other Services of the App,
you must first register on the App and create a User account. By registering on the App, you agree to
provide true, accurate, current, and complete information when requested by us. You must always maintain
and promptly update your Account information to keep such information current and complete at all times.
Through the registration process, a Seller provides (explicitly or via a Facebook, Apple or Google profile)
an email address, a username (a pseudonym for use on the App), and a password to enable the App to
identify the User each time they access the App. Fishagora may request a User to verify their Account for
security purposes from time to time. For example, this can occur by verifying the User's Facebook or
Google account, the User's telephone number, email, the User's credit card or debit card, pin-code based, or
any other confirmations that Fishagora may implement in its sole discretion.
1.4 Additional Terms.

Additionally, certain features of the App use tools and services provided by third parties, which may be
governed by separate terms and conditions. For example, if you use the Integrated payment service, you
must agree to Stripe terms and conditions.
1.5 Revisions To These Terms. In our sole discretion, we may amend these Terms from time to time. We
will update the “Last Updated” date at the top of these Terms, which reflect the effective date of the
updated Terms. We may also inform you about material changes to these Terms through the Help Center or
by sending you a message and/or email. The updated Terms shall become effective and replace the prior
Terms at the time of posting. If you do not agree with or accept the updated Terms, (i) you should not
continue to access and use the App after the effective date of the updated Terms and (ii) you should
terminate your relationship with Fishagora (as further described in Section 16.1). You will be deemed to
have accepted the updated Terms if you continue to access and use the App after the updated Terms
become effective.
2. DEFINITIONS
When the following capitalized terms are used in these Terms, they have the definitions outlined in this
section. Please refer to this Definitions section whenever you see a capitalized term.
Additional Service(s) – Additional services provided by Fishagora and offered on the App which require
an additional fee and may be subject to additional terms and conditions.
Stripe. – Fishagora’s payment service provider Stripe acts as a federally-licensed branch of a foreign bank.
Buyer – Any User who buys or wishes to buy one or more Item(s) on the Site.
Buyer Protection – The Buyer protection service provided for a fee (payable by the Buyer) to Buyers by
Fishagora when a purchase is made using the “Buy now” button on the Site; please see the description of
Buyer Protection on our website for more details regarding the features of this service.
Catalog – The electronic catalog of Items that Sellers have made available to sell, exchange, or donate via
the Site; the catalog has different sections for different categories of Items.
Checkout – The checkout process available to Buyers to purchase Items on the App; the process (i) is
initiated when a Buyer clicks on the “Buy now” button, (ii) requires the Buyer to choose a payment method
and specify a delivery address, and (iii) is concluded when the Buyer clicks the “Pay now” button on the
checkout page.
Integrated Payment Service – The online payment service allowing users to pay for Items and Services
on the App, where Stripe provides the payment service.
Integrated Shipping Service – The shipping and delivery service paid for by the Buyer, enabling the
Seller to deliver the Item to the Buyer, with the shipping, transport, and delivery services further described
in Section 7.
Item(s) – The goods/items that Users list in the Catalog on the App to sell the goods/items.
Item page – The page opened by a User, which contains details about the Item offered by the Seller.
Intermediary Services – The Transaction facilitation services offered by Fishagora on or through the App,
including enabling Users (and, where applicable, Visitors) to list Items in the Catalog, to participate in
Transactions, and to communicate in private.

News – Content shared by Fishagora on the App, including news about special offers, contests, games,
promotions, and announcements about new Services available on the Site.
Price List – The document (i) showing the price (or, for services that don’t have a fixed price, the manner
in which fees are calculated) and for Buyer Protection and (ii) identifying any additional terms applicable
to such services; as described in these Terms, the Price List may be updated by Fishagora from time to time
and the current price list is available on the App.
Private Messages – Communication by an exchange of private messages between Users via the App’s
messaging system where the messages are not publicly displayed on the App.
Privacy Policy – The document that describes how App collects, uses, stores, and transfers personal data
and other important information of a Visitor or a User; the current privacy policy is available on the App.
Professional Seller(s) – Any person who buys or sells goods/items for commercial purposes.
Seller – Any User who lists one or more Items on the App.
Services – All the services offered by or through the App, including the Intermediary Services, Buyer
Protection, and the Additional Services.
Site – Fishagora’s App and any other means of accessing Fishagora’s platform. The “Site” includes the
Services and all content, tools, features, and functionality offered on or through the platform, including the
Services.
Terms – is defined in the first paragraph of these Terms and Conditions. “Terms” include the additional
terms and conditions that are referenced in Section 1.4 of these Terms and Conditions.
Transaction – Any transaction between Users through which the ownership of and/or the right to use an
Item transfers from one User to another, including, but not limited to, the sales contract concluded between
the Buyer and the Seller.
User – Any person who has created an Account on the App.
User account or Account – An account created by an individual by registering on the App.
Visitor –Any individual who uses the App but who has not created an Account.
Fishagora Social Networks Accounts – Fishagora’s accounts on Facebook, Google, Tik Tok, Twitter,
Instagram, Pinterest, YouTube, and other social networks.
3. LISTING ITEMS ON THE APP
3.1 Permitted Items. Only items that meet all of the following conditions may be listed on the App:
(i) The item must be in one of the categories listed in the categories / sub-categories rules and the item must
not be on Stripe.'s list of prohibited items.
(ii) The Seller must be the owner of the item and the Seller must have the right to transfer the ownership in
the Item by selling the item.

(iii) The sale and the use or possession, of the item must not violate the rights of any third party (including
any intellectual property rights) and must not violate any applicable local, national, or international law or
regulation. The item must be safe and cannot be counterfeit.
(iv) The item must comply with all applicable regulatory requirements on the market unless there is an
agreement to the contrary between the Buyer and the Seller.
3.2 Preparing a Listing. To list an item in the Catalog, the Seller must complete a questionnaire, which
includes selecting a category that most accurately represents the Item being listed. The Seller must comply
with the required steps relating to the listing of Items.
3.3 Offer for Sale. When a Seller lists an Item in the Catalog and the listing is published on the App, this
constitutes an offer for sale of the relevant Item by the Seller, which may be accepted by a Buyer.
3.4 Modifying a Listing. The Seller who has listed an Item may withdraw the Item or amend the Listing
(including the price) anytime before a Buyer clicks on the “Buy now” button for such Item.
3.5 Additional Services. The Seller may decide to purchase Additional Services, such as services designed
to improve the visibility of their Items on the App.
BUYING ITEMS ON THE APP
4.1 Buying an Item. A Buyer can use the “Buy now” button to buy an Item. For safety reasons, we always
recommend that Buyers buy in-app or on-web by using the "Buy now" button, in which case the Buyer is
covered by Buyer Protection (see Section 5 below for additional details). If a Buyer concludes the
Transaction outside of the App directly with the Seller and without using our “Buy now” button, Buyer
Protection will not apply and Fishagora will not be able to assist the Buyer in the event any problems occur
with the Transaction.
4.2 Pay now. By using the “Pay now” button and confirming the Buyer’s details during the Checkout
process, the Buyer acknowledges that their acceptance of the Seller’s offer has been made in consideration
of the Item as described in the Item’s description. Both the Buyer and the Seller acknowledge that using the
“Pay now” button and confirming the Buyer’s details creates a legally binding contract between the Buyer
and the Seller, and the Buyer has a commitment to pay for the Item and the Seller has a commitment to
transfer ownership of the Item. To avoid doubt, Fishagora is not a party to this contract.
5. BUYER PROTECTION SERVICE
5.1 Buyer Protection. Buyer Protection is added for a fee to every purchase made using the “Buy now”
button. Buyer Protection enables a Buyer to seek a refund in certain circumstances, as further described in
this Section 5.
5.2 Buyer Protection Fee. The Buyer Protection Fee is calculated as follows:
 A fixed amount of $1; plus
 An amount equal to 15% of the Item price agreed between the Buyer and the Seller (not including
shipping costs, any additional costs and applicable taxes).
5.3 Process for Receiving a Refund Under Buyer Protection. Buyer Protection includes the right for a
Buyer to seek a refund in the event (i) an Item is lost during shipping or (ii) the delivered Item is damaged
or (iii) is significantly not as described in the listing for the Item. In such circumstances, the Buyer must
report the issue to Fishagora within two (2) days after the date the Item is marked as ‘delivered’ in
Fishagora’s system (Fishagora notifies the Buyer when this occurs) (such 2-day period, the “Dispute Filing

Period”). If there is a mistake in the reported ‘delivered’ date and the item has not been actually delivered
to the Buyer, the Buyer must still report the issue within the Dispute Filing Period; otherwise, the
Transaction will be marked as completed. To report an issue to Fishagora, the Buyer must click the “I have
an Issue” button in their Private Message with the Seller within the Dispute Filing Period. Otherwise, the
Transaction will be completed and money will be transferred to the Seller.
5.3.1. Items Lost During Shipping. If the Buyer did not receive an Item, the Buyer must inform Fishagora
by clicking on the “I have an issue” button within the Dispute Filing Period. This will suspend the
Transaction and the Total Price will be retained until Fishagora investigates where the Item is and receives
confirmation from the shipping provider that the Item is confirmed lost. Once the Item has been confirmed
as lost, Fishagora will request, and Stripes. will issue a refund to the Buyer for the Total Price.
5.3.2. Damaged Items or Significantly Not As Described Items. If the Buyer receives an Item that has
been damaged during shipment or is significantly not as described in the Item’s listing, the Buyer must
inform Fishagora by clicking on the “I have an issue” button within the Dispute Filing Period. This will
suspend the Transaction and the Total Price will not be released to the Seller until the following process is
complete:
(i) The Buyer and Seller can resolve the issue between themselves in their Private Messages and Fishagora
will not interfere.
(ii) If the Buyer and the Seller are unable to resolve the issue directly, the Buyer or the Seller can escalate
the issue to Fishagora by contacting Fishagora’s Customer Support from their Private Message. After
Fishagora has reviewed the issue, if Fishagora agrees that the Item indeed does not substantially comply
with the description provided by the Seller in the Item listing or that the item was damaged during transit,
Fishagora will cancel the Transaction and instruct Stripe to issue a refund to the Buyer after the Buyer
confirms that the Item has been shipped back to the Seller. Fishagora does not provide return shipping
services. Shipping costs for returning an Item are the responsibility of the Buyer, unless the Buyer and the
Seller agree otherwise. If the Buyer does not send the Item back within the period stipulated by Fishagora,
the Buyer may not be eligible to receive a refund under Buyer Protection. If Fishagora determines that there
are strong indications that the received Item is a counterfeit, then Fishagora may decide, in its sole
discretion, that the Buyer does not need to send back the Item in order to get a refund and the Buyer and the
Seller will respect such decision.
(iii) If the Buyer and the Seller resolve the issue privately after having already contacted Fishagora’s
Customer Support, the Users must inform Fishagora (by contacting Fishagora’s Customer Support) that the
issue has been resolved.
(iv) With respect to an Item that a Buyer has reported is significantly not as described in the Item’s listing,
if Fishagora determines that the Item complies with the description provided by the Seller in the Item
listing, then the Buyer shall not be eligible for a refund through Fishagora and Fishagora will direct Stripe
to complete the Transaction in accordance with Section 6.4. After the Transaction is completed and the
money in escrow is released to the Seller, the Buyer can try to negotiate directly with the Seller for the
return of the Item (e.g., agreement on reimbursement, return shipping fees, etc.); however, the Seller may
refuse to cooperate with the Buyer on the grounds that the Transaction has been fulfilled from the Seller
side.
5.3.3 No Refund. If there is something wrong with the Item received by the Buyer or the Item was not
received by the Buyer but:
(i) the Buyer does not click the “I have an issue” button within the Dispute Filing Period; or
(ii) the Buyer confirmed that the Item is acceptable (by clicking the “Everything is ok” button in the Private
Message)

the Transaction will be completed automatically and the Buyer will not be entitled to a refund under Buyer
Protection for that Item and the money that the Seller is entitled to for the Transaction will be released by
Stripe to the Seller.
5.4 Not Insurance. Buyer Protection is not insurance services or legal protection guarantee services.
5.5 Acknowledgment that Fishagora Makes Final Decisions. Users agree to comply with the process for
receiving a refund under Buyer Protection and to permit Fishagora to make the final decision on any Buyer
Protection-related issue.
5.6 Refunds for Bundles.
5.6.1 Bundles Lost During Shipping. If the Buyer purchased a Bundle and the bundled Items are lost
during shipment, then the Buyer should follow the Buyer Protection process in Section 5.3.1.
5.6.2 Bundles With Damaged Items or Significantly Not As Described Items. If the Buyer purchased a
Bundle and the Buyer considers any of the Items in the Bundle as damaged during shipment or significantly
not as described in the Item’s listing, then the Buyer should follow the Buyer Protection process in Section
5.3.2. If the Buyer chooses to return any of the Items in the Bundle, then the Buyer must return all Items in
the Bundle (i.e., not just the damaged/misdescribed Items). Shipping costs for returning a Bundle are the
responsibility of the Buyer, unless the Buyer and the Seller agree otherwise. The refund under Buyer
Protection will be issued for all Items in the Bundle (i.e., not just the damaged/misdescribed Items).
6. INTEGRATED PAYMENT SERVICE
6.1 Calculating the Total Price. Integrated Payment Service enables the Buyer to pay in advance the total
amount due for the Transaction, which consists of:
(i) the price for the Item(s) purchased from the Seller;
(ii) the Shipping fees;
(iii) the Buyer Protection fee; and
(iv) any applicable taxes
(collectively, (i)-(iv), the “Total Price”).
6.2 Payment Methods. Payment for the Total Price can be made by credit or debit card or any other
payment method introduced from time to time on the App. If a credit or debit card or other payment
method that is suspected to belong to a third person is provided by a User on the App, the User may be
required to provide additional proof that a credit or debit card or other payment method does belong to a
User (the same applies for Paying for Additional Services as described below). If the Buyer has funds
available on the Fishagora wallet (Balance), such funds will be automatically used to make purchases on
the Site from other Users. If the Buyer does not have enough funds in their e-wallet to cover the total
amount due, Buyer can cover the missing portion by paying through other available payment methods.
6.3 Paying for Additional Services. To pay for Additional Services, the User must provide their credit or
debit card information or necessary details for any other payment method available on the App.
6.4 Completion of a Transaction. The Total Price paid by the Buyer in advance will be retained by Stripe
in escrow until a Transaction is completed. A Transaction is considered complete:

(i) when the Buyer confirms through the App that the delivered Item(s) complies with the conditions of the
offer by clicking “Everything is ok”; or
(ii) automatically after the expiration of the Dispute Filing Period if no disputes about the Item(s) are
reported during the Dispute Filing Period; or
(iii) after the resolution of a dispute that was reported during the Dispute Filing Period.
Once a Transaction is completed, the purchase price of the Item, and if the Custom Shipping option was
used (as described in Section 7.1), also the shipping fees, will be immediately transferred by Stripe to the
Seller’s Fishagora wallet. At any time, a User can elect to have the funds available in a User’s wallet
transferred by Stripe. to the User’s personal bank account without any transfer fee; however, for the first
pay-out, a User must provide bank account details as described in Section 6.5.1 below. Please also review
Section 6.5.1 below for the limitations which may apply for the pay-outs.
6.5 Fishagora Wallet.
6.5.1 Setting Up Fishagora Wallet. Fishagora wallet (Balance) feature is a payment service provided by
Stripe When a User opens the wallet, the User enters into a contract directly with Stripe., and the User will
be accepting Stripe’s terms and conditions. Users will be asked to confirm this during wallet creation. For
the first sale Transaction where the Buyer purchases an Item using the “Buy now” button, the Seller will be
asked to open the wallet by providing the Seller’s name, surname, date of birth, SSN number, address, and
phone number (if required). If the Seller fails to do so in 5 days, the sale Transaction will be canceled.
Before the first sale Transaction takes place, Sellers can also open the wallet on their own initiative by
going to their account’s settings (Select “Balance”, then press “Activate Balance”) and providing required
data.
Once the wallet confirmation is completed and the wallet is opened, Users will be subject to regulatory
procedures applied by Stripe. such as identity check and other requirements. The User’s wallet may be
suspended and the User will not be able to pay out or reach the funds until User’s identity is successfully
confirmed. If a User uploaded a fraudulent document or took any other action and Stripe deemed such User
as fraudulent, they will no longer be able to overcome check again and Users funds will remain restricted.
After a User confirms the User’s wallet and makes a successful sale for the first time, the User will be able
to transfer amounts from the User’s wallet to the User’s bank account, the transfer will be performed by
Stripe. To enable this option, the User must first go to User account settings and add the User’s bank
account number, full name and billing address. Afterward the user will be able to make pay-outs to his/ her
bank account freely. However, if a user reaches the thresholds (which are set by Stripe)or during
transaction monitoring suspicious activity is caught by Stripe, the pay-outs option will be stopped too, until
the user successfully finishes the procedure.
6.6 Stripe Fishagora contracts with Stripe to process payments made using the Integrated Payment Service
and store information relating to the credit cards, debit cards, and any other payment method offered on the
Site. Additionally, Stripe provides escrow services--when a Buyer makes a purchase by using the “Buy
now” button, Stripe acquires funds from the Buyer on behalf of the Seller and holds those funds for
disbursement. Fishagora supports its Users in using the services provided by Stripe and provides direct
assistance to Users for such services; however, to avoid doubt, Fishagora does not provide any payment
processing or money transmission services for Users. Users are solely responsible for providing accurate
information associated with credit cards, debit cards, and any other payment method offered on the App
and Fishagora hereby disclaims any responsibility and all liability for User-provided information to the full
extent permitted by applicable law.
6.7 Additional Integrated Payment Service Restrictions.

6.7.1 No Third-Party Use. The right to use the Integrated Payment Service is only for sales in a User’s
own name. A User may not resell, hire, or on any other basis allow third parties to use the Integrated
Payment Service to enable such third parties to be paid for their services.
6.7.2 Permitted Items Only. The Integrated Payment Service is only for Items on the App and not for any
other products or services. Users may use the Integrated Payment Service only for Items that comply with
the Catalog Rules and that are not on Stripe’s list of prohibited items.
6.8 Suspension. Fishagora retains the right to suspend your right to use the Integrated Payment Service and
other Services, as further described below.
6.8.1 Inaccurate Information. If Fishagora at any time discovers that any information a User provides
about himself/herself is incorrect or has changed without the User informing Fishagora, Fishagora may
immediately suspend the User’s Account (including any in-progress transactions).
6.8.2 Suspected Fraud. If there are consistent and objective reasons to suspect that a fraud of any kind
whatsoever has been committed or carried out by a User, Fishagora may immediately suspend the User’s
Account while the suspected fraud is investigated (including any in-progress transactions).
6.8.3 Problems Reported by Stripe.. In the event Stripe reports any issues or concerns to Fishagora (such
as suspected illegal sales on the App, money laundering, spamming, violation of Stripe terms and
conditions). Fishagora may immediately suspend the User’s Account (including any in-progress
transactions) while the issue or concern is investigated.
6.8.4 User-Initiated Dispute. If any User initiates a dispute resolution procedure in relation to a
Transaction via an external payment service provider and there are objective and legitimate reasons to
believe that the User has violated applicable laws, breached these Terms and/or misused the App, Fishagora
may immediately suspend the User’s Account (including any in-progress transactions).
7. INTEGRATED SHIPPING SERVICE
7.1 Integrated Shipping Service Overview. Except as stated below, the Integrated Shipping Service is
applied to every Transaction concluded using the “Buy now” button. The Buyer will pay for the Integrated
Shipping Service at Checkout and the Integrated Shipping Service fee will be held in Seller’s wallet in
escrow. As further described below, the Integrated Shipping Service includes Integrated Shipping Labels
and the Custom Shipping option. Items regulated as hazardous materials are not eligible for the Integrated
Shipping Service and must be shipped using the Custom Shipping option.
7.2 Shipping Options. Certain shipping options are enabled by default for Sellers and cannot be turned off.
Users are responsible for reviewing and agreeing to all applicable terms and conditions of the shipping
provider the User selects.
(1) Integrated Shipping Label. If the Seller decides to ship an Item using Integrated Shipping, (i), during
Checkout, the Buyer will be able to choose from the shipping providers available within their area
(available options will be provided on the Item page) and (ii), after Checkout, a pre-paid shipping label will
be automatically generated and provided to the Seller who must use that label to send the Item to the Buyer
(the “Integrated Shipping Label”). The Seller must use the Integrated Shipping Label provided by
Fishagora; otherwise the Transaction may be canceled. Once the Transaction is completed (as per Section
6.4), the price of the Item will be released from escrow to the Seller and the Buyer Protection fee and the
fee for the Integrated Shipping Service (and any applicable taxes charged on Services) will be released
from escrow to Fishagora.

For its Integrated Shipping Labels option, Fishagora offers its Users a choice of third-party shipping
providers specializing in transport and delivery. Fishagora may at any time add or remove shipping
providers from the list of options available to Users.
With Integrated Shipping, if an Item is lost or damaged during the shipping process, the Buyer is eligible to
be reimbursed as part of Buyer Protection as described in Section 5.
The Seller may be entitled to compensation for a lost or damaged Item up to the compensation limit set by
each shipping provider.
The following shipping providers are available:
United States Postal Services (USPS)
Users who select USPS as their shipping provider agree to comply with all applicable USPS terms &
conditions.
If an Item that a Seller sends via USPS is lost or damaged in the shipping process, the Seller may be
entitled to receive compensation as follows:
(a) for small packages, Seller is eligible for a refund of up to $100 per package. Such refund is to be
compensated directly by Stripe to the Seller after receiving a request from Fishagora.
(b) for medium and large packages, Seller is eligible for a refund of up to $100 per package; the Seller
will have to directly claim this compensation from USPS. Information about compensation can be found on
the USPS website.
Integrated Shipping Label option may not available for Items in some categories.
(i) If the Buyer chooses Custom Shipping offered by the Seller and the Buyer purchases the Item using the
“Buy now” button, the Buyer will be reimbursed by Fishagora as part of the Buyer Protection as described
in Section 5.
7.3 Responsibility For Fees. The costs (excluding any applicable taxes) for the available Integrated
Shipping Services (“Shipping Fees”) are shown after clicking on an Item in the Catalog on the Item Page.
The Shipping Fees (plus any applicable taxes in case of Integrated Shipping Label) are the responsibility of
the Buyer, in addition to the purchase price for the Item, the Buyer Protection fee, and applicable taxes.
7.4 Commitment to Ship. As soon as the Buyer has paid the Total Price, Fishagora informs the Seller that
the item was sold and should be shipped to the Seller. The Seller is responsible for shipping out the Item to
the Buyer within five (5) working days after Fishagora provides shipping instructions. If the Seller does not
ship the Item within such a 5-day period, Fishagora has the right to cancel the Transaction and direct Stripe
to release the Total Price held in escrow to the Buyer. This refund of the Total Price will constitute the
Buyer’s only recourse under their contract with the Seller and these Terms and will be the Buyer’s sole
remedy for the canceled Transaction.
7.5 Availability of Integrated Shipping Services. Integrated Shipping Services are available only in some
states or regions. If Integrated Shipping Services are unavailable, the Seller and the Buyer must agree on
one of the other shipping methods.
8. PAYING FOR ITEMS

8.1 Price List. Fishagora is authorized to collect fees for the Services in accordance with the prices
indicated in the Price List. In its sole discretion, Fishagora may update the Price List from time to time (and
updates may include price changes) as per Section 1.5 of these Terms. Price List changes will not apply to
ongoing Transactions (i.e., Transactions for which a Buyer has already made a payment). The updated
Price List shall become effective and replace the prior Price List at the time of posting or such other time as
may be indicated by Fishagora. If you do not agree with or accept the updated Price List, you can choose to
not access and use the Site, to terminate your relationship with Fishagora, and to close your User account
(as further described in Section 16.1). You will be deemed to have accepted the updated Price List if you
continue to access and use the App after the updated Price List becomes effective; however, Price List
changes will not apply to ongoing Transactions (i.e., Transactions for which a Buyer has already made a
payment).
8.2 Currency; Taxes. All prices on the App are expressed in United States Dollars (USD) and do not
include applicable taxes. The final amount of applicable taxes will be shown to the User during Checkout.
9. INTERACTION AND MESSAGES ON THE SITE
9.1 Private messages.
The exchange of Private Messages between Users is for the purpose of exchanging information between
Users regarding the Items in the Catalog. If a User sends Private Messages to another User, they must not
send:
1. messages or information that feature advertising;
2. content spreading viruses, worms, or other malicious codes;
3. spam or mass mailing messages of any kind (e.g., when a message is sent to more than five Users
simultaneously or when the same message is copied and sent to Users who have not asked to
receive the message);
4. messages containing content contrary to good moral standards and public order; inappropriate,
insulting or defamatory messages; or messages otherwise regarded as incompatible with these
Terms and the interests of Users;
5. messages of an unlawful nature or otherwise intended to cause harm to other Users and/or the Site;
or
6. messages that may qualify as harassment of any kind whatsoever.
Fishagora may use automated software that is designed to use algorithms to detect contents of Private
Messages that are contrary to good moral standards and public order or that are inappropriate, insulting, or
defamatory. If the automated software detects a Private Message containing any such content, without
limiting other remedies available to Fishagora, (i) the Private Message and User may be blocked and/or the
Private Message may be hidden from the User to whom it was sent and (ii) the User who sent such Private
Message may receive a warning reminding the User of their obligation to comply with these Terms and
informing the User that Fishagora may take further steps such as suspending the User's Account in case of
further violations. Fishagora’s use of such automated software does not create a monitoring obligation on
Fishagora nor an obligation to actively search for unlawful activities and/or content on the Site and, to the
extent permitted by the applicable law, does not give rise to any liability on Fishagora.
9.2 User Reviews.
A User has the right to write a review concerning another User only if a Transaction was completed
between the Users. The review may be published on the Site. No compensation is given to Users or to
Fishagora in exchange for online reviews. A User’s review on another User must always be fair and honest.
Lies and insults are forbidden. Fishagora does not check reviews prior to publication on the Site by Users.

If any review that has been published on the Site is inappropriate or abusive or otherwise does not comply
with these Terms, Users may report the review to Fishagora in accordance with the reporting procedure
described in Section 10.5 below. Upon request of a User, Fishagora has the right, but is not obligated to,
remove from the Site any review that violates these Terms or the rights of other Users. Additionally,
Fishagora may block the account of any User who provides a review that does not comply with these
Terms as outlined in Section 12.1.
Only Users may write and post reviews on the App. Visitors do not have the right to write and post reviews
on the Site.
10. VISITORS’ AND USERS’ RESPONSIBILITIES
10.1 All Visitors and Users are fully responsible for all content they upload or publish on (or transmit via)
the App and, if applicable, for the Items they sell to other Users via the App, as well as for all Transactions
undertaken by them with other Users and any disputes that result from such Transactions. Without limiting
the foregoing, Users are responsible for all text, information, descriptions, photos, details, and other content
they provide in Item listings, Private Messages, feedback, and otherwise post, publish, transmit, or share on
or via the App (collectively, "Content").
10.2 Visitors and Users must respect all applicable laws, rules, and regulations when using the App.
Visitors and Users must in particular refrain from (i) violating the rights of third parties; (ii) violating
intellectual property rights or listing counterfeit items; (iii) listing Items that violate laws or regulations;
(iv) inciting offenses or crimes, discrimination, hate or violence based on race, ethnic origin or nationality;
(v) communicating incorrect information or confidential information; (vi) making defamatory comments;
(vii) committing actions that might place minors in danger; (viii) publishing the personal data of other
individuals or breaching privacy rights; (ix) usurping the identity of someone else; or (x) uploading or
otherwise inputting any Content that is unlawful, false, or inaccurate. Users must act and use the App in
good faith.
10.3 If any User or Visitor reports any misconduct of another User or Visitor to Fishagora, Fishagora may
provide assistance to the affected party. Fishagora will also cooperate with local authorities if required. In
the event that a User or a Visitor does not comply with Section 10.2 or otherwise violates these Terms, the
User or the Visitor recognizes and accepts that they are solely responsible for any and all resulting direct
and indirect losses of third parties or Fishagora. Consequently, the User or the Visitor recognizes and
accepts that, in its capacity as a hosting provider, Fishagora will under no circumstances undertake any
verification of the Content and the Items listed in the Catalog, and, to the extent permitted by applicable
law, will under no circumstances be held responsible for any damages or losses suffered by Visitors or
Users and/or third parties. In particular, without this list being exhaustive, Fishagora will not be held
responsible for: (i) actions or omissions of Visitors or Users; (ii) the appropriateness, accuracy,
exhaustiveness, and/or legality of any Content; or (iii) the safety, quality, and quantity of Items that Users
sell, buy, exchange, or donate via the Site nor the conformance of an Item with the description given.
10.4 Fishagora is not responsible for the Content of Users. Users are responsible for their Content.
Fishagora has the right, but not the obligation, to remove Content from the Site that Fishagora determines
violates, or is likely to violate, applicable laws and/or these Terms and Fishagora may take action against
the User, including, but not limited to, by suspending or terminating the User’s Account, as provided for in
Section 12.
10.5 If any User or Visitor (i) identifies any Content condoning crimes against humanity, inciting racial
hatred, violence and/or terrorist acts, concerning child pornography, or any other unlawful content or (ii)
identifies any Content that the User or Visitor believes might violate these Terms and/or their rights and/or
the rights of a third party (e.g., counterfeiting, insult, breach of privacy rights, product safety issue), the
User or Visitor must immediately inform Fishagora by:

1. Contacting Fishagora via ou contact form (www.fishagora.com) ; or
2. sending an email to the address fishagorallc@gmail.com
3. for intellectual property rights holders specifically, submitting a notice of intellectual property
rights infringement as per described in our Copyright and any other Intellectual Property Rights
Policy in Section 19.
If such Content is reported, Fishagora reserves the right to suspend immediately, without notice, the
account of the User (including any in-progress transactions) and remove the Content, as provided for in
Section 12.
10.6 If there is a product safety issue with an Item, Users are advised to stop using the Item.
11. OBLIGATIONS OF USERS
11.1 A User agrees to comply with the following rules when using the App:
 when registering on the App, to provide only truthful information about himself/herself (including,
without limitation, with respect to his/her name and email address);
 to register on the App only once and not to create more than one Account (however, if a third
party obtains access to a User’s Account, the User may create another Account, but only after the
User has informed Fishagora about the third party access and Fishagora has blocked the original
Account);
 not to use the App with the intent to undertake unlawful or fraudulent actions or transactions;
 when using the App, to provide objective, correct, exhaustive, and detailed information about
Items being sold, exchanged, or donated;
 to ensure that the price proposed for the exchange and/or the sale of Items, as well as other
information regarding Items, is correct;
 not to copy any content or information appearing on the Site and uploaded by Fishagora or another
User of the App;
 not to use any content or information appearing on the Site for any unlawful purpose;
 to bear the costs of any applicable sales tax charged by Fishagora on Items and/or Services
purchased on the App (such taxes are shown during Checkout);
 not to share, publish, or otherwise use misleading or incorrect information and/or data;
 not to encourage the acquisition of any goods where the sale or possession of the goods is
forbidden or restricted;
 not to share, publish, or otherwise use any photographs (i) for which the respective User does not
have the intellectual property rights (e.g., photos taken by third parties and found on the Internet)
or (ii) which contain links to other websites;
 not to share, publish, or use photographs (i) in which any person other than the respective User is
visible (unless the other persons have consented to the User sharing, publishing, and using the
photograph in connection with the App); or (ii) which are or may be considered contrary to good
moral standards and/or public order (for example erotic photographs, pornographic photographs,
or photographs with violent contents);
 not to offer, sell, buy, exchange, donate, and/or otherwise transfer Items in breach of the
intellectual property rights of third parties (e.g., do not use trademarks or copyrighted material
(including photos or text) that is owned by someone else without the owner’s prior written
permission);
 not to violate the rights of ownership and/or the personal rights of third parties (including
intellectual property rights);
 not to impersonate any person or falsely state or otherwise misrepresent your affiliation with any
person or entity;
 not use the Service in a manner that may undermine the purposes of the Site, such as trading
reviews with other Users or writing or soliciting false or misleading reviews;

 not to intimidate or harass another, or promote sexually explicit material, violence or
discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
 not to violate any applicable laws, rules, and/or regulations;
 not to act contrary to public order and/or good moral standards;
 not to share, publish, or otherwise use programs and/or computer files that contain viruses or that
might (i) disrupt the normal operation of the App and/or the Services, (ii) infect the computers of
Users and, therefore, lead to losses for Users or their assets, or (iii) prevent any User from using
the Site, the Services, or the User’s computer;
 not to offer, post, share, and/or otherwise promote links to other websites and/or companies that
provide similar services to those offered by the App nor to websites and/or companies whose
content or activity is illegal or contrary to Fishagora’s content policies;
 not to incorporate the App or any portion thereof into any other program, product, or service;
 not to mine data, screen scrape, or crawl any part of the App;
 not to disassemble, decompile, or reverse engineer any part of the App;
 not to interfere with or attempt to interfere with the proper working of the App, disrupt the Site or
any networks connected to the App, or bypass any measures Fishagora or its service providers
may use to secure or prevent or restrict access to the Site;
 not to adapt, copy, vary, edit, distribute, or commercialize any content in the Site without the prior
written consent of Fishagora;
 not to collect, hold, transmit to third parties, make public, publish, or disclose data of the Users of
the App or data on the actions of Users of the Site, including Transactions (e.g., their number,
type, price, etc.) if the data becomes available following an unlawful act or omission or by breach
of these Terms by any Visitor or User of the App; and
 not to collect, hold, transmit to third parties, make public, publish, or disclose information that
appears on the App if doing so may affect the rights of other Users (this restriction does not apply
to the "share" function which exists on the App and on Fishagora Social Networks Accounts and
enables Users to share content that is publically available on App and on Fishagora Social
Network Accounts).
11.5 The User agrees to keep their Account login details and password confidential and not disclose their
login details or password to any third parties (except for persons the User authorizes to use their login
details and password). A User is solely responsible (to us and to others) for all activity that occurs under the
User’s Account. If a User knows or suspects that any unauthorized third party knows the User’s password
or has accessed the User’s account, the User must promptly notify Fishagora via the contact form
11.6 The User agrees to immediately update any information on the App that is no longer current or
accurate, including information provided by the User while registering on the Site and information in the
User’s Account, as well as information on the Items listed in the Catalog.
11.7 When using the App, the User or Visitor represents:
 that they (i) is an individual 18 years old or older, (ii) uses the Services of the App only for their
personal benefit and not for any professional activity, and (iii) has full capacity and all the rights
necessary to carry out Transactions on the App;
 that they accept and comply with these Terms;
 that they understand that they are fully responsible for the Transactions conducted on the App;
 that they understand that when ordering an Item, they commit to buy or exchange (as applicable)
the Item and that their failure to complete the Transaction may obligate them to reimburse the
Seller for losses suffered by the Seller; and
 that they understand that they must pay Fishagora the applicable fee set forth in the Price List if
they decide to use any Additional Services.
12. RIGHTS AND OBLIGATIONS OF FISHAGORA

12.1 Fishagora’S Right to Restrict Access to the App. Fishagora may prohibit a User or Visitor from
accessing or using some or all of the Site, suspend or deactivate a User’s Account, and/or prevent a User or
Visitor from registering (or, where applicable, re-registering) on the App for any reason with or without
prior notice. Some reasons that Fishagora may exercise this right include if the User or Visitor:
 violates, or breaches their obligations under, these Terms, including if a User or Visitor:
 provides incorrect, misleading, and/or incomplete information when registering or using the Site
 deliberately and intentionally discloses incorrect information on the App, insults other people, or
acts in an inappropriate manner
 uses the identity of other Users or otherwise misrepresents themselves;
 uses the Site for commercial purposes
 sells, exchanges or donates (or attempts to sell, exchange, or donate) any Item that does not
comply with the Catalog Rules or that is listed on Stripe's list of prohibited products & services
logs-in from the same IP address or from the same computer as one that was blocked by Fishagora
because of violations of these Terms;
 uses the Services in a manner that violates any laws, regulations, or rules or is likely to have
serious consequences for the health, safety, property, or legitimate economic interests of other
Visitors or Users or Fishagora;
 uses the App in connection with any scam or fraudulent activity; or
 abuses or misuses the Site in any manner.
 
Additionally, Fishagora may decide to exercise its rights under Section 12.1 if:
 Fishagora is subject to a legal or regulatory obligation that requires Fishagora to terminate access
or use of the App by a User or a User’s Account;
 Fishagora exercises a right of termination under an imperative reason under applicable laws; or
 there is a risk to the security and technical operation of the App or Fishagora’s IT system.
 
12.2 No Right to Register. If Fishagora blocks a User and/or de-activates a User’s Account, such User
does not have the right to re-register on the App.
 
12.3 Fishagora’s Right to Remove Items In the Catalog and Content from the App. Fishagora may
immediately, without prior notice, delist or remove from the Site any Item listed by a User in the Catalog or
any other Content provided by the User if the Item or Content:
 
 is unlawful (e.g. counterfeit items, infringing Content);
 are contrary to good moral standards or public order;
 are listed or posted by a Professional Seller; or
 otherwise violate these Terms or any applicable law, rule, or regulation.

 
12.4 Notification of Authorities. Nothing in these Terms or our Privacy Policy hinders or prohibits
Fishagora from investigating any violation of these Terms and/or informing appropriate governmental
authorities of any violation of laws, rules, or regulations. Fishagora may cooperate with governmental
authorities in connection with the foregoing, including, but not limited to, by conducting investigations,
collecting evidence, and/or disclosing information about Users (e.g., User account data, transaction
records). YOU HEREBY WAIVE AND HOLD HARMLESS FISHAGORA AND ITS AFFILIATES
AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY
FISHAGORA OR ITS AFFILIATES OR ITS OR THEIR SERVICE PROVIDERS DURING, OR TAKEN
AS A CONSEQUENCE OF, SUCH INVESTIGATIONS OR ACTIONS OF LAW ENFORCEMENT
AUTHORITIES.
 
12.5 Appeal. In the event that Fishagora exercises its rights under Section 12.1 or Section 12.3 above and
an affected User or Visitor disagrees with Fishagora’s decision, the User or Visitor can contact Fishagora
and provide Fishagora with additional information using the contact form.
 
12.6 Determination of Breach. Fishagora has the sole right to determine whether a User or Visitor
breaches these Terms.
 
12.7 Taxes. With the help of a third-party provider, Fishagora will automatically calculate, collect and
remit to the appropriate Department of Revenue the applicable sales tax on the Item sold in a certain US
jurisdiction, but only if (i) the Seller’s Item has been sold on the Site using Integrated Payment Service and
(ii) Fishagora is liable to collect and remit sales tax in the respective US jurisdiction. With the help of a
third-party provider, Fishagora will automatically calculate, collect and remit to the appropriate Department
of Revenue the applicable sales tax on the supply of Services (excluding Custom Shipping). Prices of Items
and Services on the App are always shown, excluding any applicable sales tax. In accordance with local US
tax laws, applicable sales tax will be calculated taking into account a number of factors, such as type and
price of the Item and/or Service purchased, where the Item is being shipped from and to, etc. The final sales
tax amount applicable to the Item and/or Service purchased will be shown to the User during Checkout.
Fishagora will also issue an invoice to the User for the Item and/or Service purchased on the Site using the
“Buy now” button, however, charges for Custom Shipping will not be included on the invoice.
12.8 Changes to the App. Fishagora may, at any time, make changes to the App, including by re-
organizing the Catalog, adding or removing or adjusting advertising spaces, or modifying the formatting or
display of Items, subject to these changes not substantively amending the Content provided by the User, to
make the App more user-friendly or to improve the Site otherwise.
12.9 News. Fishagora may, at any time, publish News or other communications on the Site. In addition,
Fishagora may from time-to-time launch contests, games, promotions or sweepstakes or otherwise make
special, limited time, or exclusive discounts or offers available to some or all Users (collectively,
“Promotions”). Promotions are governed by further rules and/or guidelines (“Promotions Rules”), if
provided following the launch of such Promotion. Certain features or functionalities of the Site (including,
but not limited to, the “Buy now” button) may be temporarily disabled during or in connection with a
Promotion. Promotions may not be available in all countries where this Site has been made available.
Fishagora reserves the right to discontinue any Promotion at any time, without notice to Users. Promotions
may be subject to certain eligibility requirements, determined by Fishagora. You may not be eligible to
participate in a Promotion if you are in violation of these Terms or the Promotion Rules. In the event of any

inconsistency between these Terms and the special terms and conditions of the Promotion Rules, then those
special terms and conditions will prevail solely with respect to the context of Promotion.
12.10 Ending or Suspending the Operation of the Site. Fishagora may at any time end or suspend the
operation of the Site.
12.11 Holiday Status; Removal of Dormant Items. Fishagora may apply a “Holiday” status to any User
who has been inactive for a reasonably long period of time (e.g., 60 days or more). When a User has a
Holiday status, Items listed by such User will be hidden from other Users. Additionally, Fishagora reserves
the right to remove Items listed by any User if such Items were not sold (or exchanged or donated) for a
substantially long period of time. Prior to the application of Holiday status and/or the removal of any Items,
Fishagora will send a notice to the User. Such notification will inform the User of the upcoming change to
the User’s status and/or listed Items and allow the User to reject such change (provided that the User is not
otherwise in violation of these Terms). The User will need to inform Fishagora of its rejection of the
change within the notification period stated in the notice. If the User fails to reject that change within the
notification period, the User will be deemed to have accepted Fishagora’s change to the User’s status
and/or removal of listed Item(s).
12.12 User Experience Testing. From time to time, Fishagora may perform testing on the Site, which may
include transactions with Users, to enable Fishagora to evaluate and improve the SIte’s user experience
(e.g., Fishagora buying an Item as if Fishagora were a User). Fishagora has no obligations to provide Users
with notice of testing or to make any disclosures to Users related to that.
13. INTELLECTUAL PROPERTY
13.1 Fishagora IP. Except for Content of Users, as between you and Fishagora, Fishagora and its affiliates
own all right, title, and interest in and to the Site (including all intellectual property rights therein),
including in its system (the Catalog, its transmission, etc.), the layout and design of the Site, in the software
used by and for the Site, and in the trademarks and domain names used by and for the App (collectively,
“Fishagora IP”). Using the Site does not give you ownership of any Fishagora IP. Except as permitted by
the functionality of the Site and the Services, you may not otherwise use any content from the Site (other
than your Content) unless you obtain permission from the owner of such content or your use of such
content is otherwise permitted by law. You may not remove, obscure, or alter any legal notices displayed
on the Site. Fishagora is our trademark and you may not use any of our trademarks without our prior
written consent. Subject to your compliance with these Terms, you are hereby granted a non-exclusive,
limited, non-transferable, non-sublicensable, revocable license to access and use the App. We reserve all
rights to Fishagora IP that are not expressly granted herein.
13.2 License to Content. You hereby represent and warrant that you are the exclusive owner of all
Content. Whenever you submit Content to or through the App, you grant Fishagora and its affiliates a
worldwide, royalty-free, non-exclusive, sub-licensable, unlimited, irrevocable, transferable, and perpetual
license to use, copy, reproduce, display, and adapt the Content. You acknowledge and agree that Fishagora
and its affiliates may use Content on any known or unknown media to date, including, without limitation,
TV, paper, the Internet (e.g., in banners and articles, on other websites), and social networks (including
Fishagora Social Networks Accounts) for operational, commercial, advertising, or any other purpose.
13.3 App Feedback. We welcome feedback, comments, and suggestions for improvements to the Site
(“App Feedback”). You acknowledge and expressly agree that any contribution of Site Feedback does not
and will not give or grant you any right, title, or interest in the Site or any such App Feedback. All Site
Feedback becomes the sole and exclusive property of Fishagora, and Fishagora may use and disclose Site
Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and
without retention by you of any proprietary or other right or claim. You hereby assign to Fishagora any and
all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark,

show-how, know-how, moral right, and any other intellectual property right) that you may have in and to
any and all App Feedback.
14. PRIVACY POLICY
The Privacy Policy, available in the App and Website, describes how Fishagora handles information that
Fishagora collects or that you provide to Fishagora relating to you through your access and use of the Site.
The Privacy Policy and each part thereof do not constitute contractual clauses and are not integrated into
these Terms. Please read the Privacy Policy and do not access or use the Site if you disagree with the
Privacy Policy.
15. GOVERNANCE AND DISPUTE RESOLUTION
15.1 Applicable Laws. These Terms, and any dispute or claim resulting from or in connection with these
Terms, will be governed by the laws of the state of Delaware.
15.2 Disputes. In the event of a disagreement between Fishagora and you, Fishagora encourages you to
reach out to Fishagora to find an amicable solution. To do so, you may:
1. Deliver a written complaint to Fishagora’s Customer Service Department using the contact form.
2. In the event the dispute is not satisfactorily resolved through Fishagora’s Customer Service
Department, please email fishagorallc@gmail.com and, within a reasonable period of one (1)
month from our receipt of your email, we will use good faith effort to try and resolve the dispute
amicably.
3. In the event the dispute is still not satisfactorily resolved, you may seek resolution through the
judicial system.
16. TERMINATION
16.1 Termination By A User. A User may end their relationship with Fishagora at any time with
immediate effect; however, the User will remain obligated for fulfilling all of the User’s obligations that
resulted from Transactions the User entered into before the end of the User’s relationship with Fishagora. A
User may end the User’s relationship with Fishagora by canceling the User’s Account or sending a written
cancellation notice to Fishagora according to Section 18.10.
16.2 Termination By Fishagora. Fishagora may end its relationship with a User in connection with
Fishagora exercising its rights as described in Section 12.1 or for any other reason. Fishagora will endeavor
to provide the User with notice at least thirty (30) days before the date of termination unless Fishagora
determines that immediate termination is required by law or is necessary to avoid damages to (or mitigate
damages for) Fishagora.
16.3 Responsibility for Preserving Your Content. If you choose to deactivate your Account or your
account is terminated by us for any reason, you will not be able to reactivate your Account. We recommend
that you save copies of your Content or other information associated with your Account on your personal
device.
16.4 Survival. Upon termination of your Account, any provision of these Terms which, by its nature or
express terms should survive, will survive such termination.
17. LIABILITY LIMITATIONS; WARRANTY DISCLAIMERS
17.1 Nothing in these Terms limits or excludes Fishagora’s liability to you for death or personal injury
caused by Fishagora’s gross negligence, willful misconduct, or any other type of liability that cannot be

lawfully excluded or limited. Specifically, if you are a resident of the state of New Jersey, please note: THE
LAWS OF THE STATE OF NEW JERSEY MAY LIMIT THE LIMITATIONS OF LIABILITY
OUTLINED IN THIS SECTION 17. IN SUCH CASE, YOU EXPLICITLY AGREE THAT OUR
LIABILITY TO YOU SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS
OF THE STATE OF NEW JERSEY.
17.2 Your use of the Site is entirely at your own risk. THE SITE IS PROVIDED “AS IS” AND
FISHAGORA MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SITE.
IN PARTICULAR, FISHAGORA DOES NOT REPRESENT OR WARRANT THAT:
 YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS;
 YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE
FROM ERROR;
 DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE WILL BE
CORRECTED.
 ANY CONTENT ON THE SITE OR ANY INFORMATION OBTAINED BY YOU AS A
RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE,
UP-TO-DATE, OR SUITABLE FOR ANY PURPOSE; OR
 THE SITE IS FREE OF ERROR OR OMISSION.
17.3 TO THE FULLEST EXTENT PERMITTED BY LAW, FISHAGORA HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
17.4 Fishagora provides an online facility to introduce individuals to one another to enable the purchase,
sale, exchange, and donation of items between them and enable them to communicate with one another in
public and private. Buyers, Sellers and parties to an exchange or donation are solely responsible for
Transactions entered into using the App.
17.5 Fishagora is not responsible for any action or inaction of Users of the Site or content provided by
Users of the App including, without limitation:
 the descriptions or photos of Items, including their accuracy and completeness;
 the quality, legality, or safety of Items;
 the Seller’s, exchanger’s, or giver’s title to the Items; or
 any Seller’s or Buyer’s right to enter into a Transaction.
17.6 To the fullest extent permitted by law, you acknowledge and agree that any claim or dispute you have
with any other User in connection with the Appe is between you and such User and you irrevocably agree
to release and hold harmless Fishagora from any and all claims, demands, and/or damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or in any way connected with
such disputes. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY
PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT
THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY
KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS
RELEASE.
17.7 Fishagora will not be liable for any loss or damage caused by a virus, distributed denial-of-service
attack, or other technologically harmful material that may infect your computer equipment, computer
programs, data, or other proprietary property due to your use of the Site (or the content on the Site) or any
website linked to the Site.

17.8 Fishagora is not responsible for any third-party service providers that you integrate into your account.
Fishagora will not be liable for any loss or damage that may arise from your use of services provided by
such third-party service providers.
17.9 NEITHER FISHAGORA NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES WILL BE LIABLE
TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR:
(A) ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; (B) ANY BUSINESS
INTERRUPTION; (C) ANY LOSS OF ANTICIPATED SAVINGS OR LOSS OF BUSINESS
OPPORTUNITY, GOODWILL, OR REPUTATION; (D) ANY DIRECT, SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES; OR (E) OR ANY OTHER DAMAGES OF WHATSOEVER KIND
RESULTING FROM WHATEVER CAUSE THROUGH YOUR USE OF THE SITE.
17.10 FISHAGORA’S TOTAL LIABILITY TO YOU, WHETHER THE LIABILITY ARISES IN
CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE,
WILL BE LIMITED TO A MAXIMUM OF:
1. THE PURCHASE PRICE PAID OR PAYABLE FOR THE RELEVANT ITEM IN RESPECT OF
ANY CLAIM ARISING IN RELATION TO A TRANSACTION ON THE SITE; OR
2. $100 IN RESPECT OF ANY OTHER CLAIM.
THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER OR NOT FISHAGORA HAS
BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH
LOSSES ARISING.
17.11 Indemnity. You agree to defend, indemnify, and hold harmless Fishagora, its affiliates, and its
service providers, and each of our and their respective officers, directors, employees, agents, and advisors,
from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and
expenses, arising out of (i) your use of the App, (ii) any breach of these Terms by you or any user of your
Account, (iii) your violation of any applicable laws, rules, and regulations, (iv) your Content, or (v) your
negligence or willful misconduct.
17.12 Class Action Waiver. ANY CLAIM AGAINST FISHAGORA MUST BE BROUGHT IN THE
RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE
PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). YOU AND OTHER VISITORS AND
USERS EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY
FORUM. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS
UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY
BY A COURT OF COMPETENT JURISDICTION.
17.13 To the extent permitted under applicable laws, Fishagora disclaims all responsibility for the behavior
of Users and/or Visitors when they use the App. Fishagora is not responsible for the poor implementation
of, or the failure to implement, Transactions by Users.
17.14 The User is expressly reminded that the Internet is not a secure network. The User recognizes the
unreliability of the Internet, particularly in terms of potential security breaches regarding the transmission
of data and the absence of performance guarantees regarding the volume and speed of data transmissions.
Fishagora has implemented security measures aimed at securing the App; nevertheless, the Internet is not a
secure network and system reliability could be impaired independently of Fishagora 's will.
17.15 Fishagora cannot be held liable for unpredictable events such as cyber-attacks, security breaches
regarding the transmission of data or for performance guarantees regarding the volume and speed of data
transmissions. Users are responsible for taking all appropriate measures to protect their own data, software,
equipment, and systems, particularly from contamination by any viruses circulating on the Internet

18. MISCELLANEOUS
18.1 Force Majeure. Fishagora shall not be in breach of these Terms nor liable for delay in performing, or
failing to perform, any obligations under these Terms if such delay or failure result from events,
circumstances, or causes beyond Fishagora’s reasonable control. In such cases, Fishagora shall be entitled
to a reasonable extension of the time for performing any such obligations under these Terms.
18.2 Data Charges. You are responsible for any charges that may apply to your use of our Site, including
text messaging and data charges if you access or use the Site on your mobile device. If you’re unsure what
those charges may be, you should ask your mobile device service provider before using the Site.
18.3 Additional Terms For Fishagora iOS App. The terms and conditions in this Section 18.3 apply to
you only if you are using the Fishagora app for the Site from the Apple Store (“Fishagora iOS App”). To
the extent other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the
terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this
paragraph apply, but solely concerning the Fishagora iOS App. You acknowledge and agree that these
Terms are solely between you and Fishagora, not Apple, and that Apple has no responsibility for the
Fishagora iOS App or content thereof. Your use of the Fishagora iOS App must comply with the App
Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support Fishagora iOS Apps with respect to the Fishagora iOS App. In the event of any
failure of the Fishagora iOS App to conform to any applicable warranty, you may notify Apple, and Apple
will refund the purchase price, if any, for the Fishagora iOS App to you. To the maximum extent permitted
by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Fishagora
iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be solely governed by these Terms. You and Fishagora acknowledge that
Apple is not responsible for addressing any claims of yours or any third party relating to the Fishagora iOS
App or your possession and/or use of the Fishagora iOS App, including, but not limited to: (i) product
liability claims, (ii) any claim that the Fishagora iOS App fails to conform to any applicable legal or
regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. You and
Fishagora acknowledge that, in the event of any third party claim that the Fishagora iOS App or your
possession and use of the Fishagora iOS App infringes that third party’s intellectual property rights, V
Fishagora, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of
any such intellectual property infringement claim to the extent required by these Terms. You must comply
with applicable third-party terms of agreement when using the Fishagora iOS App. You and Fishagora
acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as
they relate to your use of the Fishagora iOS App, and that, upon your acceptance of these Terms, Apple
will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a
third-party beneficiary thereof.
18.4 No Waiver. The failure of either you or us to exercise or enforce any right or provision of these Terms
will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be
effective only if in writing and signed by the relevant party.
18.6 Prevailing Language. We may translate these Terms into other languages for reference and
convenience of Visitors or Users; however, the English language version of these Terms shall be
controlling in all aspects and shall prevail in case of any inconsistency with any other language version (if
any).
18.7 California Consumer Rights Notice. Under California Civil Code Section 1789.3(c), California
users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in
writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.

18.8 Links to this Site. Unless otherwise outlined in a written agreement between you and us, if you desire
to include a link to the App on your website or to otherwise share a link to this Site, you must abide by our
linking policy as follows: (i) the appearance, position, and other aspects of the link may not be such as to
damage or dilute the goodwill associated with our name and trademarks; (ii) the link can not utilize any
trademark, service mark, or logo of Fishagora without our prior written approval; (iii) the appearance,
position, and other attributes of the link may not create the false appearance that you are sponsored by,
affiliated with, or associated with Fishagora; (iv) when selected by a user, the link must display this Site on
full-screen and not within a “frame”; and (v) we reserve the right to revoke our consent to the link at any
time and in our sole discretion.
18.9 Third-party services. Links on this Site may direct you to third-party websites and/or (mobile)
applications (“third-party service(s)”) that are not affiliated with us. Such third-party services, which
include third-party social media websites such as Facebook, Instagram, Twitter and Tik Tok and any
content thereon are not controlled by us, and therefore, we are not responsible for their contents or any
change or update thereof. We provide you with these links for your convenience only, and the inclusion of
any link does not imply we approve of or endorse the website or the content thereon. Fishagora takes no
responsibility for your activity on such third-party websites, including any transactions you make thereon
or any decisions you make based on the contents of such websites or profiles. Please review the third-party
website’s terms of use and other policies carefully and make sure you understand them before you engage
in any transaction.
18.10 Communications with Fishagora. You may provide notices, requests, information, and other
communications to Fishagora via the contact form via email, using the email address you provided when
registering on the App or WebSite.
18.11 Independent Contractor. These Terms do not have the effect of creating a partnership, agency, joint
venture, employee-employer, or franchise relationship.
18.12 Assignment. Fishagora may transfer and/or assign these Terms or any or all rights and obligations
under these Terms, in whole or in part, without your prior consent or prior notice to you. Such a transfer
and/or assignment releases Fishagora from all obligations under these Terms. You may not transfer or
assign these Terms or any or all of your rights or obligations under these Terms, by operation of law or
otherwise, without Fishagora’s express prior written approval.
18.13 Notices to Fishagora. A User may express objections regarding the access, use, or operation of the
Site through a notification at any time. Notifications must be sent to Fishagora using the form on the App
or Website or by emailing fishagorallc@gmail.com
18.14 Severability. If any part of these Terms is determined by any competent authority to be invalid,
unlawful, or unenforceable to any extent, such term shall to that extent be severed from the remaining
terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
18.15 Entire Agreement. These Terms and all documents referred to in these Terms constitute the entire
agreement between Fishagora and you and supersede and extinguish all previous agreements, promises,
assurances, warranties, representations, and understandings between Fishagora and you, whether written or
oral, relating to the subject matter of these Terms (or any document referred to in these Terms). You agree
that in entering into these Terms you have not relied on any statement, representation, assurance, or
warranty that is not set out in these Terms or any document referred to in them.
19 COPYRIGHT AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS POLICY
Fishagora is committed to protecting the intellectual property rights of others. We, therefore, established
the following policies to allow copyright, trademark and other intellectual property rights owners, or
authorized representatives, to submit notices of infringement of their rights.

19.1 Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright
infringement that comply with applicable law. If you believe that any materials accessible on this site
(“Website”) infringes your copyrights, you may request removal of those materials from the Website by
submitting written notification to our Copyright Agent designated below. In accordance with the Digital
Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include the following:
  Your physical or electronic signature.
 An Identification of the copyrighted work you believe to have been infringed.
 A description of where the alleged infringing material is located.
 Adequate information by which we can contact you (including your name, postal address,
telephone number, and email address).
 A statement by you that you have a good faith belief that use of the copyrighted material is not
authorized by the copyright owner, its agent, or the law.
 A statement, made under penalty of perjury, that the information in the written notice is accurate.
 A statement, made under penalty of perjury, that you are authorized to act on behalf of the
copyright owner.
19.2 Copyright Agent:
Fishagora LLC Legal Department
fishagorallc@gmail.com
Mailing address: 201 West High Street B-16, East Hampton CT 06424
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not
be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is
infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under
the DMCA.
19.3 Counter Notification Procedures
If you believe that material you posted on the App was removed (or to which access was disabled) by
mistake or misidentification, you may submit a counter-notice to the address listed above containing the
following information:
 Your physical or electronic signature.
  An identification of the material that has been removed or to which access has been disabled and
the location at which the material appeared before it was removed or disabled.
 Adequate information by which we can contact you (including your name, postal address,
telephone number, and email address).
 A statement that you have a good faith belief that the material was removed or disabled as a result
of a mistake or a misidentification of the material to be removed or disabled.
 A statement that you will consent to the jurisdiction of the Federal District Court for the judicial
district in which your address is located (or if you reside outside the United States for any judicial
district in which the Website may be found) and that you will accept service from the person (or
an agent of that person) who provided the Website with the complaint at issue.

After receiving your counter-notification, we will forward it to the party who submitted the original
copyright infringement claim. Please note that when we forward the counter-notification, it includes your
personal information. By submitting a counter-notification, you consent to have your information revealed
in this way. We will not forward the counter-notification to any party other than the original claimant.
The DMCA allows us to restore the removed material if the party filing the original DMCA Notice does
not file a court action against you within ten business days of receiving the copy of your counter-notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was
removed or disabled by mistake or misidentification, you may be held liable for damages (including costs
and attorneys' fees) under the DMCA.
19.4 Reporting Claims of any other Intellectual Property Rights Infringement
We also take claims of any other intellectual property rights infringement seriously. We will respond to
notices of alleged intellectual property infringement that comply with applicable law. If you believe that
any materials accessible on this App infringes one or more of your intellectual property rights other than
copyright, you may request removal of those materials from the Website by filling out this form:
19.5 Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are
repeat infringers.