Terms & Conditions
Updated at 2022-06-03
General Terms
By accessing and placing an order with The Aquarium Keeper, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and The Aquarium Keeper. Under no circumstances shall The Aquarium Keeper team be liable for any direct, indirect, special, incidental or consequential damages. The Aquarium Keeper will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to revise the resources usage policy in any moment.
License
The Aquarium Keeper grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and The Aquarium Keeper (referred to in these Terms & Conditions as “The Aquarium Keeper”, “us”, “we” or “our”), the provider of the The Aquarium Keeper website and the services accessible from the The Aquarium Keeper website (which are collectively referred to in these Terms & Conditions as the “The Aquarium Keeper Service”).
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the The Aquarium Keeper Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
Definitions And Key Terms
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:
● Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
● Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to The Aquarium Keeper, that is responsible for your information under this Terms & Conditions.
● Country: where The Aquarium Keeper or the owners/founders of The Aquarium Keeper are based, in this case is Lithuania.
● Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit The Aquarium Keeper and use the services.
● Service: refers to the service provided by The Aquarium Keeper as described in the relative terms (if available) and on this platform.
● Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
● Website: The Aquarium Keeper.”’s” site, which can be accessed via this URL: https://theaquariumkeeper.com/
● You: a person or entity that is visiting The Aquarium Keeper and reading anything on this site.
Restrictions
You agree not to, and you will not permit others to:
● License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
● Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
● Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of The Aquarium Keeper or its affiliates, partners, suppliers or the licensors of the website.
Your Consent
We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
Links To Other Websites
This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by The Aquarium Keeper. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Cookies
The Aquarium Keeper uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.
Changes To Our Terms & Conditions
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
Modifications To Our Website
The Aquarium Keeper reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).
You acknowledge and agree that The Aquarium Keeper shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Aquarium Keeper does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or The Aquarium Keeper. The Aquarium Keeper may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from The Aquarium Keeper, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer. Termination of this Agreement will not limit any of The Aquarium Keeper’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold The Aquarium Keeper and its parents, subsidiaries, affiliates, officers, employees, agents,
partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
Amendments to this Agreement
The Aquarium Keeper reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use The Aquarium Keeper.
Entire Agreement
The Agreement constitutes the entire agreement between you and The Aquarium Keeper regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and The Aquarium Keeper. You may be subject to additional terms and conditions that apply when you use or purchase other The Aquarium Keeper’s services, which The Aquarium Keeper will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms.
Intellectual Property
The website and its entire contents, features, and functionality (including but not limited to all information, software, text,
displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by The Aquarium Keeper, its licensors or other providers of such material and are protected by Lithuania and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of The Aquarium Keeper, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE
OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR The Aquarium Keeper.”’s” INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and
The Aquarium Keeper concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation,
ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or The Aquarium Keeper must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: theaquariumkeeper@gmail.com. The Aquarium Keeper will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and The Aquarium Keeper will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or The Aquarium Keeper may commence arbitration.
Binding Arbitration
If you and The Aquarium Keeper don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of The Aquarium Keeper without any compensation or credit to you whatsoever. The Aquarium Keeper and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Promotions
The Aquarium Keeper may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of The Aquarium Keeper. The Aquarium Keeper will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. The Aquarium Keeper operates and controls The Aquarium Keeper Service from its offices in Lithuania. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the The Aquarium Keeper Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the The Aquarium Keeper Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and The Aquarium Keeper concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Disclaimer
The Aquarium Keeper is not responsible for any content, code or any other imprecision. The Aquarium Keeper does not provide warranties or guarantees. In no event shall The Aquarium Keeper be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. The Aquarium Keeper Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. The Aquarium Keeper is a distributor and not a publisher of the content supplied by third parties; as such, The Aquarium Keeper exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the The Aquarium Keeper Service. Without limiting the foregoing, The Aquarium Keeper specifically disclaims all warranties and representations in any content transmitted on or in connection with the The Aquarium Keeper Service or on sites that may appear as links on the The Aquarium Keeper Service, or in the products provided as a part of, or otherwise in
connection with, the The Aquarium Keeper Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by The Aquarium Keeper or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, The Aquarium Keeper does not warrant that The Aquarium Keeper Service will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
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