LAST UPDATED 27.04.2020
PLEASE READ CAREFULLY BEFORE USE
1. AMENDMENTS TO THESE TERMS
3. PROHIBITION BY LAW
4.1 Any individual making use of the Fish Site, must be over 13 years of age. Please note that users aged 13 or over should obtain the consent of a parent or legal guardian each time such they access the Fish Site.
5.1 By using the Fish Site you understand that you are financially responsible for the applicable costs (if any) arising from your use. You agree and understand that use of the Fish Site may entail the application of certain incidental usage charges (“Incidental Charges”) during the use of the Service. These Incidental Charges may, among others, be levied by your mobile network operator or your internet service provider. You are advised to consult your mobile data or internet data plan to identify the Incidental Charges which may be incurred prior to the installation and operation of these Services. In the event that you are under 18 years of age, such responsibility rests with your parent or guardian. You should seek the permission of such parent or guardian in advance in respect of the applicable Incidental Charges.
6. LICENCE FOCUS
6.1 Fish Site hereby grants to you a limited, personal, non-commercial, non- exclusive, non-transferable, revocable, non-assignable, non-sub-licensable licence and right to access the Website through a generally available web browser, mobile device operating system in consideration of your strict and continued compliance with the following conditions:
- not to use scraping, spidering, crawling or other technology or software of a malicious nature to access or make available to third parties information or data secured by the Fish Site, whether such data or information relates to the Fish Site, the content created by Fish Site or by you or third party users, without the express written consent of Fish Site.
6.2 Use: Any use of the Fish Site, its software and/or the content or any part thereof in a manner contrary to the scope and purpose of this Licence is strictly prohibited and a violation of this Agreement.
6.3 Intellectual Property: Fish Site reserves all Intellectual Property rights in and to the Fish Site, the brand, the trademark and the content and any such Intellectual Property shall at all times be and for all purposes remain vested in Fish Site and/or its licensors, including all copies made of the Website.
7. USER UNDERTAKINGS
- use the Fish Site for any unlawful or illegal purpose;
- act dishonestly or fraudulently by engaging in objectionable conduct, or by posting inappropriate, inaccurate, or objectionable content to or through the Fish Site;
- make any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Fish Site, including the software or code supporting the Website;
- make any translation, adaptation, arrangement or any other alteration of the permanent aspects of the Fish Site or any of the software contained in either or both;
- make any form of distribution to the public of the content of the Fish Site, the software, in whole or in part, or of copies thereof;
- remove or alter any copyright, meta-tags or other proprietary notice from the Fish Site, the software supporting it, the Content and in particular, photographs;
- disseminate, sell, give away, hire, lease, offer or expose for sale or distribute for commercial gain, the Content of the Fish Site, the Content, and the User Generated Content or another associated data, information or product wholly or partially derived from any of the foregoing;
- use a social networking site to post entries for anyone other than a natural person;
- harass, abuse or harm another person, including sending unwelcomed communications to others using the Fish Site;
- Upload, post, email, transmit or otherwise make available or initiate any content that:
- falsely states, impersonates or otherwise misrepresents your identity to Fish Site, including but not limited to the use of a pseudonym;
- is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
- adds to a content field such content that is not intended for such field (i.e. submitting a telephone number in the “Name” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Fish Site);
- includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.
- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; and/or
- includes any unsolicited or unauthorised communication, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (i) using Fish Site to send messages to people who have not expressly consented to the receipt of such contact; (ii) sending messages to distribution lists, newsgroup aliases, or group aliases.
- imply or state, directly or indirectly, that you are affiliated with or endorsed by Fish Site unless you have entered into a written agreement with Fish Site either as a contributor to the Website or as a commercial associate; reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in the Fish Site, or any part thereof;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages, Content or other services contained in the Fish Site;
- infringe or use the Fish Site brand, logos and/or trademarks, including, without limitation, using the word “Fish Site” in any business name, email, or URL or including Fish Site’s trademarks and logos except as expressly permitted by Fish Site; use bots or other automated methods to access the Fish Site, add or download contacts, send or redirect messages, or perform other activities through the Fish Site, unless explicitly permitted by Fish Site;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Fish Site;
- Attempt to or actually access the Fish Site by any means other than through the interfaces permitted by Fish Site. This prohibition includes accessing or attempting to access Fish Site using any third-party service, including software-as- a-service solutions that aggregate access to multiple services, including proxy services;
- Deep-link to the Fish Site for any purpose, (i.e. including a link to Fish Site other than a page which is live on the Website or in its archive) unless expressly authorized in writing by Fish Site or for the purpose of authorised promotion;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Fish Site’s infrastructure, including, but not limited to, sending unsolicited communications to other users or Fish Site personnel/contributors, attempting to gain unauthorised access to Fish Site, or transmitting or activating computer viruses through or on the Fish Site.
8. THIRD PARTY SITES
8.1 Links: Fish Site does not endorse any third party websites/applications/platforms that can be accessed via the Fish Site or that may facilitate access to the Fish Site, nor does the fact that we provide a link to such third party websites/applications/platforms mean that we are affiliated with those websites, their owners or sponsors. We only provide these links for the convenience of users of Fish Site and to ensure that any user, purporting to comment on the Platform is sufficiently brought within the scope of our Comments Policy, and the inclusion of any link, interface or protocol does not imply endorsement by Fish Site of the website/application /platform or any association with its operators.
8.2 Your use of third party websites/applications that can be accessed via the Website/Application is subject to the terms and conditions of use of those websites/applications (if any). Fish Site is not responsible or liable for the accuracy of any information, data, opinions, or statements made on or through third party websites/applications or the security of any link or communication with those websites/applications. Your access and use of any such third party websites/applications through the Fish Site is at your own risk. We are entitled to terminate a link to a third party website/application at any time. Fish Site is not responsible for webcasting or any other form of transmission received from any linked site.
9. LIMITATION OF LIABILITY.
- under the tort of deceit;
- for death or personal injury caused by any breach of duty;
- any breach of an obligation implied by Section 12 of the Sale of Goods Act 1893 (if any); or
- any other liability to the extent that under applicable law it cannot be excluded or limited.
9.5 Indirect Loss: Subject to 19.2, the Fish Site shall not be liable in contract, tort or otherwise howsoever for any of the following losses or damage, (whether or not such damage was foreseen, foreseeable, known or otherwise):
- revenue, actual or anticipated profits, contracts, use of money, anticipated savings, business, opportunity, goodwill, reputation, damage or corruption of data; or
- any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified in 9.5 a).
9.6 Breach of Warranty: For the avoidance of doubt, the Fish Site shall have no liability to remedy a breach of warranty where such breach arises as a result of any of the following circumstances:
- any use of the Services by you other than in accordance with the terms of this Agreement or use of the Services for a purpose for which they were not designed;
- any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Fish Site Solution;
- any reverse assembly, reverse compilation, reverse engineering or adaptation of the whole or part of the Fish Site Solution;
- any alteration, modification, adjustment, translation, adaptation or enhancement made by you to the Website or the Application or any combination, connection, operation or use of the Fish Site Solution with any other equipment, software or documentation;
- any dissemination, sale, hire, lease offer or exposure for sale or distribution of the Fish Site Solution;
- any item of third party hardware or software, even if forming part of the software or if the Licensor has recommended such third party hardware or software;
- any breach by you of your obligations under this Agreement or of the Licensor’s intellectual property rights; or
- any act, omission, negligence, fraud or default of or by you.
10. INTEGRITY OF DATA
10.1 Not Bespoke: You acknowledge that the Fish Site Solution, the Services and the software have not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Fish Site Solution and the Services as described on the Website, meet your requirements.
10.2 Minor Errors: You acknowledge that the Fish Site Solution and the Services may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this Licence.
10.3 Implied Warranty: Except as expressly provided herein and to the extent permitted under applicable law, all conditions and warranties (express or implied, statutory or otherwise) are excluded by the Licensor including without limitation any warranties implied by the Sale of Goods Act, 1893 as amended by the Sale of Goods and Supply of Services Act 1980. Without prejudice to the generality of the foregoing, the Licensor does not warrant that the Fish Site Solution will achieve any intended result or that the operation by you of the Fish Site Solution will be uninterrupted or error free.
11. DATA PROTECTION
12.1 If the Fish Site fails, at any time during the term of this Licence, to insist on strict performance of any of your obligations under this Licence, or if the Fish Site fails to exercise any of the rights or remedies to which he is entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13. CONFIDENTIAL INFORMATION:
14.1 Severance of Terms: If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. ENTIRE AGREEMENT:
16. LAW AND JURISDICTION:
18.1 Nothing in this Agreement shall create, evidence or imply any agency, partnership or joint venture between you and the Fish Site. Neither you nor the Fish Site shall act or describe itself as the agent of the other; nor shall either party represent that it has any authority to make commitments on behalf of the other.
19.2 Immediate Termination: The Fish Site may terminate this Licence immediately if:
- you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service on you of notice requiring you to do so;
- a petition for a bankruptcy order to be made against you has been presented to the court;
- for just cause at the sole discretion of the Fish Site to include, but not limited to the abuse of any fair usage policy or for the breach of any matter outlined under Section 9.6 and this Section 19.2.
19.3 User Termination: You may terminate at any time, subject to adherence to the account deactivation process outlined on the Website and any applicable terms which are applicable at the time of use.
19.4 Upon termination for any reason:
- all rights granted to you under this Licence shall cease;
- you must cease all activities authorised by this Licence;
- you must immediately pay to the Licensor any sums due to the Licensor under this Licence if applicable; and
Copyright the Fish Site – © 2023 All rights reserved.