If you access this Website from outside United Kingdom you are also responsible for ensuring compliance with all applicable laws in the place where you are located.
Content on this Website
The Website is not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain personal information from people we actually know are under 18 years old, and no part of the Website or Services is designed to attract people under 18 years old. If we later obtain actual knowledge that a user is under 18 years old, we will take steps to remove that user’s personal Information from our databases. By using our Website, you represent that you are at least 18 years old.
The Website offers a wide variety of resources, products and services which may be accessed through a variety of means. We hope you find the information and services available on the Website useful and helpful.
Nevertheless, material or information (“Content”) on the Website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. We do not warrant the accuracy, completeness or adequacy of the Content in the Website. You should make your own enquiries before entering any transaction on the basis of the Content on the Website.
We hereby grant you a limited, non-exclusive, non-transferable license to access the Website and use the Services solely for internal business purposes and personal use only. You understand and acknowledge that the Website and Services are our property, and you may not prepare derivative works of, modify, distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner the Services or the Website.
In using the Website, you must not: (i) violate any national or international law; (ii) use the Website for any purpose that is threatening, libelous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights; (iii) distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any software, hardware, network, server or communications systems or equipment; (iv) collect or store personal data about other users of the Website; or (v) engage in any other conduct that inhibits any other person from using or enjoying the Website.
Without our written consent, you may not (i) allow, enable, or otherwise support the transmission of mass unsolicited commercial advertising or solicitations via email (spam); (ii) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); or (iii) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
Copyright in material on the Website and restriction of use
The design and Content of the Website, and the material published on it, is protected by copyright and is owned by us and our licensors. All rights are reserved. We or our licensors retain the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction of the Website by any means and in any form, in whole or in part, and to make the Website available to the public, and to distribute any copyright protected material in the Website (including without limit, any online software or courses). You agree not to copy, adapt, alter or create any derivative work from any material on the Website.
We grant you permission to store a reproduction of the Content on your local computer for the sole purpose of viewing it, or print hard copies of the Content for non-commercial use or personal use only.
Except as expressly stated above, our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Content.
Member account, password and security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
The security of your personally identifying information is important to us. While there is no such thing as perfect security on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Website is invulnerable to all security breaches, and that we make no warranty, guarantee, or representation that use of any portion of our Website is protected from viruses, security threats or other vulnerabilities.
External links and advertisements
The Website contains links to websites maintained by other organizations over which we have no control. We do not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.
We make no warranties or representations regarding the quality, accuracy, merchant-ability or fitness for purpose of any material or advertising on external sites to which the Website is linked. You should refer to the relevant external site or advertiser for information on its products and / or services. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
Linking to this Website
We encourage you to provide links to this Website. While you may use the name “Vividfish - Web design and development” in the text of any such link, you may not use the Vivid Fish Ltd logo or any of our other trademarks without our prior written consent. You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us. If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
Disclaimer of warranty and limitation of liability
YOU UNDERSTAND AND AGREE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS”, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANT-ABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE.
WE MAKE NO WARRANTY, IMPLIED OR EXPLICIT, THAT ANY PART OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OF ANY QUALITY, NOR THAT THE CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY PARTICIPANT IN THE WEBSITE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
SAVE FOR THE PROVISIONS OF THE FOLLOWING CLAUSE WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY OUR NEGLIGENCE.
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, harmless from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (i) any information you submit, post or transmit through the Website or Services, (ii) your use of the Website or Services, (iii) your violation of these Terms, (iv) your violation of any rights of any other person or entity or (v) any viruses, trojan horses, worms or other similar harmful or deleterious programming routines input by you into the Services.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of the Website or Services offered on or through the Website, or (iv) unexpected technical issues or problems. You agree that we will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms.
Modifications to Terms
We may change these Terms from time to time. If you object to any such changes, your sole recourse will be to cease using the Website and/or Services. Continued use of the Website and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, inclusive of such changes.
Modifications to the Website or Services
We reserve the right to modify or discontinue the Website or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Website or Services. If you object to any such changes, your sole recourse will be to cease using the Website or Services. Continued use of the Website or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Website or Services as so modified.
You may be required to register before you can contribute to this website (e.g. post comments on the Website), this may involve providing your personal information to us or our nominated service provider. You agree that any registration information provided will be truthful and up to date.
By submitting content to the Website, you: (i) grant us a perpetual, worldwide, royalty free, irrevocable and transferable licence in all media to use, reproduce, modify, adapt, publish and display the content for any purpose without compensation, restriction on use, attribution or liability; and (ii) warrant that the content is yours and does not (nor will our use of the content under the above licence) infringe the rights or privacy of any third party.
The comments and content contributed by users of the Website does not necessarily reflect our views. While we use reasonable efforts to make sure such content is appropriate, we are not responsible or liable for the conduct of others.
Neither party will be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of that party.
We make no representation that all products, services and/or material described on the Website, or the Services available through the Website, are appropriate or available for use in locations outside United Kingdom. Those who choose to access our Website and the Services do so on their own initiative and are responsible for compliance with local laws.
If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms shall be construed in accordance with English law, and the parties irrevocably agree that the English courts shall have exclusive jurisdiction to settle any claims or proceedings relating to these Terms or their subject matter.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.
The word “including” when used in these Terms is not a term of limitation.
Copyright notice: © 2015 Vivid Fish Ltd. All rights reserved.