desdmona.com

Terms of Service

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PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING DESDMONA’S FISH TANK SITE (THE “FISH TANK SITE”). BY USING THE FISH TANK SITE, YOU SIGNIFY THAT YOU AGREE WITH THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE FISH TANK SITE OR ANY INFORMATION CONTAINED ON THE FISH TANK SITE.

“You” and “Your” refer to you, the user. “The Fish Tank” refers to the owners of Desdmona’s Fish Tank Site. “Members” refers to members who provide creative work to the Fish Tank Site or contribute to discussion forums on the Fish Tank Site.

1. ACCOUNTS. User accounts (“Accounts”) may be obtained and used by Members. Upon obtaining an Account, You shall have access to the services and the functionality that The Fish Tank Site may establish, at The Fish Tank’s sole discretion. Our services provide a Member the opportunity to submit his or her creative work and have it rated, and to participate in public and private discussions. The Fish Tank may make improvements and/or changes in the services at the Fish Tank Site at any time and without notice. You may not transfer or share your Account or password for your Account with anyone.

2. YOUR WORK AND CONTENT. Members will be submitting their written creations to the Fish Tank Site. You are solely responsible for Your Work or any other information You provide, distribute, post, include, link to, or otherwise upload to the Fish Tank Site (“Your Content”), and You agree that The Fish Tank is only acting as a passive conduit for Your online distribution and publication of Your Content.

You understand that publishing Your Content on the Fish Tank Site is not a substitute for registering it with the U.S. Copyright Office. You represent and warrant that Your Content shall: (a) be Your original work, (b) not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (c) not violate any law or regulation; (d) not be defamatory or trade libelous; (e) not contain child pornography; (f) not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (g) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. The Fish Tank reserves the right (but not the obligation) to take any action with respect to Your Content if The Fish Tank believes that it may create liability for The Fish Tank or may cause The Fish Tank to lose the services of The Fish Tank’s ISPs or other suppliers.

By submitting Your Content to the Fish Tank Site (including, but not limited to creating an Account, and posting content and messages to forums), you are granting The Fish Tank the right to and only to distribute all or part of Your Content to other Members of the Fish Tank Site for the review of Your Content by the foregoing.

All Content posted to The Fish Tank Site remains the sole property of the copyright owner. The Fish Tank makes no claims of copyright ownership to any material contributed to the Fish Tank Site by any Member.

3. USE RESTRICTIONS. Except where otherwise explicitly noted by the copyright owner, all information, documents, logos, software, and images (the “Fish Tank Materials”) provided on the Fish Tank Site are the copyrighted work of The Fish Tank or its Members.

The Fish Tank grants You the limited right to display the Fish Tank Materials only on your personal computer, and to copy and download the Fish Tank Materials on the Fish Tank Site solely for your personal use. You agree not to use the Fish Tank Materials for any other purpose without The Fish Tank’s prior written consent.

Any use of an Account (a) to post false information; (b) to post information that in our sole discretion is inappropriate to our audience (including, but not limited to, (i) copyright, trade secret or trademark infringing materials; (ii) plagiarized materials, whether or not copyright protected, or (iii) libelous, slanderous, threatening or similarly inappropriate or objectionable postings) is grounds for immediate termination of an Account. The Fish Tank Site contains robot exclusion headers, and you agree not to use any robot, spider, automated collection mechanism, or any manual process to monitor or copy the web pages comprising the Fish Tank Site or the content contained therein without the prior written permission of The Fish Tank and the Author who created such content, if any. You may not distribute unsolicited commercial messages (“spam”) through Your Account or take any other action that imposes an unreasonable or disproportionately large load on The Fish Tank infrastructure. The Fish Tank expects all of our Members to conduct themselves in a courteous, professional manner at all times. Personal attacks, “flaming”, or other forms of discourteous and unprofessional online conduct are grounds for the immediate suspension or termination of an Account, in The Fish Tank’s sole discretion.

4. CONTENT ON THE FISH TANK SITE. The Fish Tank is a distributor (and not a publisher) of content supplied by third parties and Members. Any opinions, statements, or other content expressed by Members of The Fish Tank, are those of the respective Member(s) and not of The Fish Tank. The Fish Tank does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through The Fish Tank represents the opinions and judgments of Members. The Fish Tank neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on The Fish Tank by anyone other than authorized Fish Tank employee spokespersons while acting in their official capacities. Under no circumstances will The Fish Tank be liable for any loss or damage caused by the reliance on information obtained through The Fish Tank by anyone using any services provided by Fish Tank. It is the responsibility of Members of The Fish Tank to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The Fish Tank. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

5. PRIVACY. Your privacy is very important to The Fish Tank. By accepting this Agreement, You expressly consent to certain disclosures of Your Personal Information (as defined in The Fish Tank’s privacy policy) to Fish Tank Members, as described in our then-current privacy policy, which is incorporated herein by reference. Our current Privacy Policy.

6. THIRD PARTIES. In Your use of the Fish Tank Site, You may enter into correspondence with Members offering their goods, projects and/or services. Any such correspondence, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, is solely between you and the applicable third party. You agree that The Fish Tank has no liability, obligation or responsibility for any such correspondence between You and any such third party.

The Fish Tank Site may also be linked to other sites on the web that are not under the control of or maintained by The Fish Tank. Such links do not constitute an endorsement by The Fish Tank of those sites.

7. DISCLAIMER OF WARRANTY. ALL SERVICES, PRODUCTS AND INFORMATION ON THE FISH TANK SITE ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FISH TANK DOES NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO YOUR ACCOUNT AND MAKE NO WARRANTY AS TO THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF THE FISH TANK SITE, OR THAT THE FISH TANK SITE OR MATERIALS OR CONTENT PROVIDED WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

8. INDEMNIFICATION. You agree to indemnify and hold The Fish Tank and The Fish Tank’s business partners harmless from all damages and costs, including reasonable attorneys’ fees arising out of or related to Your breach of this Agreement.

9. LIMITATION OF LIABILITY. IN NO EVENT WILL THE FISH TANK BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THE FISH TANK SITE.

10. IMPORT. The Fish Tank controls and operates the Site from the United States (the U.S.) and make no representation that the Fish Tank Materials are appropriate or will be available for use in other locations. If you use the Site from outside the U.S., you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Fish Tank Materials and the third party content.

11. TERMINATION. The Fish Tank may terminate Your Account immediately if You breach this Agreement, or if You infringe third party intellectual property rights. Furthermore, The Fish Tank may terminate Your account for any reason that The Fish Tank interprets to be an abuse of Your account. Following termination of Your Account, The Fish Tank may remove some or all of Your content from The Fish Tank’s servers or elect to retain it, at The Fish Tank’s sole option.

12. AMENDMENT. The Fish Tank may amend this Agreement by posting the amended version on the Site and making this Agreement available via a link from The Fish Tank home page. You agree that Your continued use of the Site after such amendment shall signify Your acceptance of any such amendment. Otherwise, this Agreement may not be amended except in a writing signed by both parties.

13. GENERAL. This Agreement shall be governed in all respects by the internal laws of the State of Ohio. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between You and The Fish Tank is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The Fish Tank’s failure to enforce any right or provision in the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing. The Fish Tank shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. The Fish Tank may freely assign this Agreement. The Terms comprises the entire agreement between You and The Fish Tank and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the you and us regarding the subject matter contained herein.”

Further Reading

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