Terms of Service
Introduction
Please take the time to read this entire
agreement (“Agreement”) governing your responsibilities (hereinafter, “you”,
“your” or “user”) and use of the AquariumChatter.com site (“Site”). Failure to
adhere to your responsibilities under this Agreement will result in termination
of your AquariumChatter.com account and/or may expose you to liability.
AquariumChatter.com is owned by AquariumChatter.com, an Illinois corporation
(collectively with Site, “AquariumChatter.com”, “us” or “we”).
To upload to AquariumChatter.com and use AquariumChatter.com’s services you must
agree to and abide by the following terms and conditions of service (the “TOS”).
Unless specifically noted, the following statements apply to all AquariumChatter.com
partners and affiliates who receive free or commission based AquariumChatter.com
Service.
1. Acceptance of terms
AquariumChatter.com provides its service (“Service”) to you, subject to the
following TOS. Your use of the Site constitutes your acceptance to these TOS.
AquariumChatter.com reserves the right, in its sole and absolute discretion, to
change, modify, add, or remove portion of this TOS at any time. Any such changes
will be reflected on the Site and your continued use of the Site will constitute
your acceptance of these TOS or any revised TOS. AquariumChatter.com may also
offer other third party services that are governed by different terms of
service. You should at all times be aware of and read any other such terms of
service. AquariumChatter.com hereby specifically disclaims responsibility for
your failure to read any third party terms of service.
2. Our Services
The AquariumChatter.com Services are free services which allow you to choose from
various categories of layouts designed to enhance the appearance of your MySpace
profile, Teen Chill, Xanga or Friendster profiles. You can also use our layouts
for your personal blog.
3. Prohibited Use
You agree not to use our layouts in a manner that is unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful,
racially, ethnically or otherwise objectionable.
4. Qualifications for Service
In consideration of your use of the Site, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to fully comply with these TOS.
5. Advertisements
You agree that in order to provide you this service AquariumChatter.com can place
advertisements into any interface provided by AquariumChatter.com. Such
advertisements are under AquariumChatter.com’s sole and absolute control and may
not, under any circumstances, be removed.
6. Limitation of Liabilty
By the terms of this TOS, you have agreed to use the Site in a legal manner. You
further agree that AquariumChatter.com is not liable for any acts by you that
violate paragraph 3 herein or the rights of any other party. AquariumChatter.com
hereby disclaims any liability from the foregoing.
7. Termination of Service / Removal
Policy
We reserve the right to temporarily deactivate or permanently remove any
AquariumChatter.com layout at any time, in our sole and absolute discretion, for
any reason, including, but without limitation, the following: use inconsistent
with these TOS, illegal use, and network or server abuse.
8. Disclaimer of Warranties
AquariumChatter.com attempts to ensure that service and the Site are available at
all times. However, service is provided “as-is” and “as available”.
Neither AquariumChatter.com nor any provider of third party content, nor any of
their respective agents:
(i) warrants that the service will be uninterrupted or error free;
(ii) makes any warranty as to the results to be obtained from the use of our
services or the Site
(iii) makes any warranties of any kind, either express or implied, including but
without limitation, warranties of title, any implied warranties of
merchantability or fitness for a particular purpose or for any indirect special
or consequential damages associated with AquariumChatter.com service or Site; or
(iv) warrants that any files available for downloading through the Site will be
free of viruses or similar contamination or destructive features.
Furthermore, AquariumChatter.com makes no guarantee nor claims responsibility for
the timeliness, deletion, mis-delivery or failure to deliver any user
communications or site content. You expressly agree that the entire risk as to
the quality and performance of the Site is on you, the user.
9. AquariumChatter.com Notice Display
Policy / Third Party Advertisements
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit www.networkadvertising.org.
Any messages posted on the AquariumChatter.com page and/or any third party
advertisers banners and/or links must remain intact and visible on each page in
which it appears; it is mandatory that they remain intact and visible. Failure
to comply with this provision will also constitute grounds for account
deactivation. You further understand that in order to provide you the Service,
AquariumChatter.com has the right to allow advertisers to cover the costs of this
service and as such has the choice of advertisers and the content of their
message is at the discretion of AquariumChatter.com. Additionally AquariumChatter.com
reserves the right to deliver communications, service announcements and
self advertising in order to continue to provide a quality service to you.
10. Server Downtime Policy
While AquariumChatter.com attempts to maintain it server up 100% of the time, we
reserve the right to schedule routine maintenance on our servers, as well as
routine upgrades. Maintenance may affect the availability of service for short
periods of time. We disclaim liability for server downtime as set forth above.
11. AquariumChatter.com Intellectual
Property
AquariumChatter.com, AquariumChatter.com.com, and all other proprietary rights
in the AquariumChatter.com.com website are the intellectual property of
AquariumChatter.com All rights are reserved.
12. Indemnification
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS
AquariumChatter.com, AquariumChatter.com.COM, ITS EMPLOYEES, AGENTS, AND
REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING
BROUGHT AGAINST AquariumChatter.com.COM, ITS EMPLOYEES, AGENTS, AND
REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE
PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR
CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY
RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION
AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR
ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE;
(B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT;
(C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID.
THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR
ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE,
INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE
PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON’S USE OR ACCESS OF YOUR
COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT,
TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S.,
INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE
CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS
INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE
OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR
OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS,
DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES
AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT,
ACTION, OR ADMINISTRATIVE PROCEEDING.
13. Governing Law / Miscellaneous
This TOS shall be construed in accordance with the laws of the State of
California, and you will agree to submit to jurisdiction to any action to
enforce the terms herein in the federal or state courts of Dupage County,
Illinois. The rights and obligations herein may not be assigned or delegated. If
any inconsistency exists between the terms of this TOS and any additional terms
and conditions posted on the Site, such terms shall be interpreted as to
eliminate any inconsistency, if possible, otherwise, this TOS shall control.
14. Entire Agreement
The TOS constitutes the entire and only Agreement between you and AquariumChatter.com
with respect to use of the Site, and supersedes any prior agreements,
oral or written, between you and AquariumChatter.com. Any and all other
collateral representations, promises, and conditions; and any representation,
warranty, promise or condition not incorporated herein or made as provided for
in this TOS shall not be binding on AquariumChatter.com.
15. Modifications to the Terms of Service
AquariumChatter.com may change these TOS at any time and in its sole discretion.
The modified TOS will be effective immediately upon posting and you agree to the
new posted Terms of Service by continuing your use of AquariumChatter.com. If you
do not agree with the modified Terms of Service, your only remedy is to
discontinue using the AquariumChatter.com Site
16. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this agreement.
17. Statute of Limitiations
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Site or the TOS must be
filed within one (1) year after such claim or cause of action arose or be
forever barred.
18. Section Titles
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
19. Violations
Please report any violations of this TOS to the following address:
info@aquariumchatter.com
