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Terms and Conditions

Terms and conditions of use of aquariumsandfishes.com

Background

These terms and conditions apply between you, the User of this Website, and the owner of Aquariumsandfishes.com. Please read these terms and conditions carefully, as they affect

your legal rights. Your agreement to comply with and be bound by these terms and conditions is

deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms

and conditions, you should stop using the Website immediately.

  1. Definitions and interpretation

    1. In these terms and conditions, the following definitions are used:

Content

any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

Aquariumsandfishes.com. we, us or our

the owner and operator of the Website known as aquariumsandfishes.com;

Service

collectively any online facilities, tools, services or information that is made available through the Website either now or in the future;

System

any online communications infrastructure that is made available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

User/Users or you

any third party that accesses the Website; and

Website

the website that you are currently using http://aquariumsandfishes.com/ and any sub-domains of this site, unless expressly excluded by their own terms and conditions.

    1. In these terms and conditions, unless the context requires a different interpretation:

      1. the singular includes the plural and vice versa;

      2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;

      3. a reference to a person includes firms, companies, government entities, trusts and partnerships;

      4. ‘including’ is understood to mean ‘including without limitation’;

      5. reference to any statutory provision includes any modification or amendment of it;

      6. the headings and sub-headings do not form part of these terms and conditions.

  1. Intellectual property and acceptable use

    1. All Content included on the Website is the property of us, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

    1. You may, for your own personal, non-commercial use only, do the following:

      1. retrieve, display and view the Content on a computer screen

      2. print one copy of the Content.

    1. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without our written permission.

    1. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

    1. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify the owner of the aquariumsandfishes.com website for all claims resulting from Content you supply.

  1. Prohibited use

    1. You may not use the Website for any of the following purposes:

      1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

      2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

      3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

  1. Links to other websites

    1. This Website may contain links to other sites. Unless expressly stated, these sites are not under our control.

    1. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

    1. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links pointing to the Website

    1. You may not place a link to and page on the Website or any of its subdomains without our prior written consent with the exception of links shared on Facebook, Twitter, Pinterest, Reddit, Google and Linkedin.

    1. We may recover any costs incurred in removing links to our Website placed on websites belonging to any third parties if any such links were placed without our prior written approval. We may also charge an admin fee to cover any time required for undertaking such activities at a rate of £50 per 10 minutes.

  1. Privacy Policy

    1. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. The Privacy policy is available at the following web address: http://www.aquariumsandfishes.com/privacy-policy/

  1. Availability of the Website and disclaimers

    1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. We are under no obligation to update information on the Website.

    1. Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

    1. We caaept no liability for any disruption or non-availability of the Website.

    1. We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

  1. Limitation of liability

    1. We will not be liable to you in respect of any losses arising out of your use of the Website.

    1. To the maximum extent permitted by law, We accept no liability for any of the following:

      1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

      2. loss or corruption of any data, database or software;

      3. any special, indirect or consequential loss or damage.

  1. General

    1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

    1. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version

    1. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

    1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

    1. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

    1. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

    1. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.

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