Terms and Conditions
Terms & Legal
CHARTHOUSE INTERNATIONAL LEARNING CORPORATION AND FISHPHILOSOPHY.COM WEB SITE TERMS OF USAGE, LICENSES, AND OTHER LEGAL STUFF
Welcome to ChartHouse International Learning Corporation’s website, fishphilosophy.com. We are the inventors of and home to The FISH! Philosophy® and other education products.
We understand that you may have questions about how you can use our materials, trademarks, and the content on this website. Hopefully this page will give you all the information you need. (Or we’ve developed a cure for insomnia.)
Otherwise, sit back and enjoy the terms.
By using fishphilosophy.com (“website”), you signify your agreement to these Terms of Usage. These terms may change from time to time, and your continued use constitutes your agreement to any modified term. Should you object to any term or modified term, you may not use www.charthouse.com.
Licensed Use of Website
ChartHouse International Learning Corporation (“ChartHouse”) grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the website solely for personal and non-commercial use for yourself or within your organization pursuant to these Terms of Usage. All materials displayed or made available on the website, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Material”) are the exclusive property of ChartHouse or its content suppliers. The Material is protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (a) commercially use, make non-temporarily downloaded copies, save, modify, broadcast, delete, distribute, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (b) use the Material on other websites or any media (e.g., networking environment) without ChartHouse’s prior written permission.
All trademarks, service marks, and logos (the “Marks”) displayed on the website are the exclusive property of ChartHouse and their respective owners. You shall not use the Marks in any manner without ChartHouse’s and/or their respective owners’ prior written consent.
On-Line Conduct
We want our internet waters to be clean and fun, and require that all users agree to not engage in any unfriendly use or conduct on this website. This restriction includes uploading, posting, or otherwise transmitting any content that is or that ChartHouse, in its sole discretion, believes to be (1) harmful, threatening, harassing, defamatory, libelous, invasive of one’s privacy, vulgar, obscene, racially or ethnically offensive, or otherwise objectionable; (2) an infringement on any patent, trademark, trade secret, copyright, or other proprietary or privacy right; (3) a violation any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations; (4) advertising, chain letter, sales, or other solicitation; (5) a virus, worm, Trojan horse, software pest, or similar content; (6) an impersonation of any person or entity; or (7) a breach or attempt to breach ChartHouse’s security measures. ChartHouse reserves the right, but assumes no obligation, to monitor your online conduct to enforce these terms.
You acknowledge and accept that ChartHouse bulletin boards are only passive forums for users. ChartHouse assumes no obligation to screen or monitor any Submitted Materials. ChartHouse and its agents, officers, directors, employees and staff are not to be held responsible or liable at any time for the content or accuracy of any posted or submitted materials or information posted on the site, or for any delays or failures to monitor, screen or edit the content.
Account and Password
You may open a ChartHouse account on the website. If you open an account, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify ChartHouse if there is any unauthorized use of your account or any breach of security.
Disclaimer
ChartHouse cannot warrant or guarantee the accuracy of any information or database on this webpage, that the service will be uninterrupted or error free, or that any files for downloading will be free of defect. While it takes reasonable steps to ensure that no viruses, worms, Trojan horses, or other destructive programs are present on the website, the User assumes the entire risk as to the quality and performance of charthouse.com, and the accuracy and completeness of any information.
CHARTHOUSE MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABLITY OR COMPLETELNESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE, INCLUDING LINK. UNDER NO CIRCUMSTANCES SHALL CHARTHOUSE BE SUBJECT TO ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR CONTIGENT DAMAGES WHATSOEVER WITH RESPECT TO CLAIMS MADE HEREUNDER OR BY ANY PURCHASER OR USER OF PRODUCTS OR SERVICES.
Indemnification
If you or any of your agents breach these Terms of Usage in any way, you agree to defend, indemnify, and hold harmless ChartHouse, its officers, directors, employees, successors and assigns against all claims, losses, damages, and expenses of whatever form or nature, including attorneys’ fees and other costs of legal defense, whether direct or indirect, that they, or any of them, may thereby sustain or incur. ChartHouse reserves the right to defend such claim, and you agree to provide reasonable cooperation and information as requested.
Arbitration
Any controversy, excluding legal action by ChartHouse alleging the infringement of its Intellectual Property, whose value is less than $50,000 USD and arises out of or is related to these Terms of Usage shall be submitted to binding fast-track arbitration in accordance with the rules of the American Arbitration Association. You agree to pay all costs of arbitration. The arbitration shall be conducted in Minneapolis, Minnesota, which venue and personal jurisdiction you agree are proper, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
All claims or actions related to this Agreement and not subject to Arbitration must be brought in the state or federal court located in Hennepin or Dakota Counties, Minnesota, United States of America, and the parties agree that personal jurisdiction and venue in such court are proper.
Termination
ChartHouse has the right, in its sole discretion, to terminate any services of the website and remove any Materials. ChartHouse also may terminate your access to any part or all of the services provided by ChartHouse on the website at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your Use of the website. ChartHouse shall have no obligation or responsibility to maintain or return any information submitted or provided to ChartHouse.
Miscellaneous
This Agreement is governed by the laws of the State of Minnesota without regard to conflicts of law principles. If any court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the other provisions or parts thereof will remain in full force and effect. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. User waives any and all immunities that may be raised in defense of its violation of this Agreement or the infringement of ChartHouse’s intellectual property, including immunities pursuant to the Eleventh Amendment of the United States Constitution. This Agreement contains the entire, final agreement and understanding of the Parties concerning the subject matter of this Agreement, and may be amended only in writing and signed by each Party.
Copyright
ChartHouse invests a lot of time and resources to develop and create products that will enliven your workplace and life. For the product to be effective, we have to work really hard (even weekends) and tap mystical inspirations. When the work is complete, ChartHouse protects the product, and your investment in it, by registering it with the United States and other countries as a copyright. This copyright registration prohibits using the product in any way not expressly authorized by a ChartHouse license (see Product Licenses and Permissions below) and subjects violators to significant criminal and civil sanctions. It therefore is very important that you read all license agreements accompanying ChartHouse products and report to ChartHouse any unauthorized uses.
“FISH! Catch the Energy, Release the Potential”(1998); “FISH! Sticks, Keeping the Vision Alive” (2002); “FISH! A Remarkable Way to Boost Morale and Improve Results” (2000) ; “FISH! Tales” (2003); “FISH! Sticks: A Remarkable Way To Adapt To Changing Times And Keep Your Work Fresh” (2003); “FISH! for Life” (2004); “It’s So Simple” (2002); “FISH! Tales—Aspen” (2002); “FISH! Tales—Fairview” (2002); “FISH! Tales—Jump Start” (2003); “FISH! Tales—Sprint” (2002); “FISH! Tales—The Collection” (2003); “FISH! Tales—Tile Tech (Building Trust)” (2002); “FISH! Tales—Vital Signs” (2003); “The FISH! Facilitator’s Guide” (1998); “The FISH! Play Book” (1998); “FISH! For Schools” (2004); “FISH! For College” (2004); “Trainer Tools”; “FISH! Culture”; “FISH! For Leaders”; “It’s a Way Not a Day”; “Feedforward”; “If at First: Overcoming the Fear of Failure”; “The Gift of Feedback”; “Talking 9 to 5”; “The Firestarter Collection”; “Code of the West Collection”; “Hospitality From the Heart” and all content on charthouse.com, including its stories, articles, graphics, bulletin board postings, audio, video, and other material.
Trademark
ChartHouse also has registered trademarks and trademarks for various brands. These trademarks help assure users that the product originates from ChartHouse and, therefore, should be consistent with ChartHouse’s brilliant track record. Like copyrights, United States and international law also make it illegal to use ChartHouse’s trademarks or close resemblances to them without ChartHouse’s permission.
The following is a non-exclusive list of ChartHouse’s registered trademarks and trademarks: “FISH!”; “FISH! Sticks”; “FISH! Tales”; “The FISH! Philosophy”; “FISH! For Schools”; the Joy Design (
); and the Blax design (
).
ChartHouse’s copyrights, trademarks, and other proprietary rights (collectively, “Intellectual Property”) are protected by United States and international laws. ChartHouse reserves and retains all rights, interest, title, copyrights, trademarks, and other proprietary rights embodied or contained in the Intellectual Property. You must maintain all copyright and trademark notices.
All uses of ChartHouse’s Intellectual Property are governed by the terms on the relevant product license or this website. Registering on this website, purchasing ChartHouse products, oral statements suggesting approval of other uses, or receiving recognition certificates such as “FISH!ing License,” do not grant users permission to use ChartHouse’s Intellectual Property outside of these written license agreements.
Any use not expressly permitted by the relevant product license or this website is prohibited. To be clear, commercial use and performances, including trainings and seminars, are prohibited. You may also not use a near resemblance or trademark confusing with a ChartHouse trademark. Other prohibited uses include reproducing, publishing, distributing, broadcasting, digitizing, editing, creating derivative works from, loaning, selling, renting, leasing, transferring, or circulating the Works, in whole or in part. Engaging in these activities is dishonest, violates federal and international law, and may subject you to severe civil and criminal penalties.
Permission to Use
In addition to the uses permitted by the relevant product license, we receive many requests to use ChartHouse’s Intellectual Property in other ways. To help answer these requests, we have devised the following permitted uses and rules.
Internal Training
To better train within their organization and consistent with the Internal Use License Agreement accompanying the relevant product, many users of ChartHouse’s Intellectual Property incorporate ChartHouse’s techniques, materials, and marks into materials or presentations that are personalized to their organization. ChartHouse does not object to this usage provided that the users abide by the following terms:
• All use is non-commercial and internal for materials like presentations and posters, not accessories like shirts or mugs. You are not allowed to sell, publish, distribute, perform, speak from, or engage in any other uses of these materials outside of the employees and staff of your organization.
• You identify the materials as being owned by ChartHouse and state that the materials are used with ChartHouse’s permission (e.g. FISH! for Life Copyright © 2007 ChartHouse Learning Corporation, used with written permission for internal use at XYZ Company only. All rights reserved.)
• The integrity of the Intellectual Property must be preserved:
When you refer to or use language from a copyrighted work, such as the film: FISH! Catch The Energy, Release the Potential©, you include the circle-c to signify that the work is copyrighted.
In the United States, the following trademarks are registered and should be accompanied by the circle-r: FISH!®; the FISH! design (
); The FISH! Philosophy®; FISH! Tales®, FISH! Sticks®, ChartHouse Learning®, and the Three Star Design (
).
For all other trademarks or usage outside of the United States, the trademarks should be accompanied by the ™ (for instance: “FISH! For Schools™”).
ChartHouse’s trademarks should be used as an adjective, never a noun. (For instance: FISH!® and The FISH! Philosophy® concepts.” “The FISH! Philosophy® system teaches …” “ChartHouse created FISH!® products to instill…”)
Do not mix ChartHouse’s trademarks with non-ChartHouse trademarks. For instance, use ChartHouse’s Joy design () and not non-branded fish.
Trademarks such as FISH!® should not be included in the names of companies not related to ChartHouse, or in conjunction with trademarks, service marks, or products of other organizations. This includes take-offs, such as “FISH!man” or FISH! Safari.
All materials must relatively prominently credit ChartHouse as the owner of the Intellectual Property and must state: “FISH! materials©2007 ChartHouse Learning. FISH!, The FISH! Philosophy, Joy & Blax Designs ® or ™ ChartHouse Learning and used with permission. All rights reserved.
You do not disparage ChartHouse or any of its products.
You do not use ChartHouse’s product(s), product name(s), corporate name, or other copyrighted material in a way that would indicate ChartHouse sponsorship, affiliation or endorsement.
Commercial License
ChartHouse from time to time is interested in expanding the number of FISH! Experience providers to perform its FISH! materials in facilitations or seminars. To ensure that ChartHouse’s concepts and techniques are not distorted and to maintain the integrity of the message, we may first offer a special course designed to teach ChartHouse’s techniques to fee paying clients, private, corporate, or within the education system. Successful graduates of this course may be offered commercial rights to perform ChartHouse’s copyrighted materials.
If you consider yourself a strong candidate with significant training experience, an understanding of the importance of respecting ChartHouse’s Intellectual Property, and outstanding integrity, please consider requesting the Commercial License Application.
Licensing Request Form (click to download doc)
Other
If your interest in using ChartHouse’s Intellectual Property is not addressed by any of these categories, the Internal Use License Agreement accompanying the relevant ChartHouse product, or you simply aren’t sure, let us know. Although we can’t guarantee that we’ll grant the request, the more specific information you provide, the better we’ll be able to review your request. Remember— you must receive ChartHouse’s permission before using any Intellectual Property.
Please complete the Permission Request form or send us an e-mail at license@charthouse.com or drop us a note at ChartHouse License & Permissions Department, 221 River Ridge Circle, Burnsville, Minnesota, 55337 USA, including a full description of your requested use. Depending upon your request, you likely will need to include some or all of the following information:
• The exact name and title of the organization and/or person requesting permission and contact information including e-mail, phone, fax, and mailing address. If the person making the request is not the ultimate user of the Intellectual Property, please include all information for both the requestor and end user;
• Specify what Intellectual Property you wish to use and how;
• A detailed description of the event or work in which the Intellectual Property will be used, including audience, means of distribution and advertisement, venue, dates, times, and fees charged;
• A layout or final copy of your work or advertisement prior to publication date;
• For publications, a description of the purpose of intended publication, target audience, retail price, publisher, and publication dates; and
• Your deadline for a response.
In some cases, we permit our material to be used without a user fee. After you sign a contract with ChartHouse granting you permission, you will need to properly identify ChartHouse as the source of the Intellectual Property and provide contact data for ChartHouse. Depending upon the nature of the work and use of ChartHouse’s materials, there may be a charge for the use of the trademarks and/or copyrights.
We rely upon the integrity of the users of our Intellectual Property to abide by these terms of uses. At times, people may make an innocent mistake and, at times, we have found persons not deserving of our trust. We strive to use other people’s intellectual property properly and offer rewards to people who help us to enforce the proper uses of ChartHouse’s Intellectual Property.
If you believe that ChartHouse or any user of a ChartHouse product or service has infringed upon any intellectual property, please notify us at license@charthouse.com, and identify the intellectual property you believe has been infringed; the infringing material, person/organization, and contact information; your name, address, telephone number, and e-mail; a statement by you that you have a good faith belief that the disputed use is not authorized; a statement that the above information is accurate; and your physical or electronic signature.
We hope that you enjoy access to and the privileges from charthouse.com. If you have any questions about these Terms of Usage, the licensed use of any product or service, or wish to report an unauthorized use of ChartHouse’s Intellectual Property, please contact us at license@charthouse.com.
Questions and comments about this website may be sent to license@charthouse.com.
Or you may send your questions and inquiries to ChartHouse.
800.328.3789
7510 Market Place Drive
Eden Prairie, MN 55344 USA
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