Welcome to TheBigFishNetwork.com.
TheBigFishNetwork.com and its affiliates provide access to the website subject to
the conditions set out on this page.
Please read these conditions carefully before using TheBigFishNetwork.com website.
TheBigFishNetwork.com is intended for use only for lawful purposes. By using the
TheBigFishNetwork.com website, you signify your agreement to be bound by these conditions.
You also agree that you have read and understand these terms and conditions and
to review this agreement periodically in order to be aware of modifications to the
agreement which TheBigFishNetwork.com may make at any time and your continued use
of this site will be deemed your conclusive acceptance of any modified agreement.
By completing the user registration form (creating a user account) you or your company
agree to be bound by the following terms and conditions (“Terms and Conditions of
Use”). Please ensure that you read them before using TheBigFishNetwork.com. They
are a legal agreement between BigFish Network Ltd. (“We/Us/Our”) and You (or any
other party authorised by You to use the Service on the Website in accordance with
these Terms of use or as otherwise permitted by Us from time to time) (“You/You/Yours”).
Together in these Terms of Use we are known as “the Parties”.
Definitions
“the Parties” - “Bigfish Network Ltd” also referred to as “TheBigFishNetwork.com”
– (“We/Us/Our”) - User or any other party authorised by You to use the Services
– (“You/You/Yours”). “Content” means all visual, written or audible data, information
or material including, without limitation: any hyperlink, text, image, logo, word,
sound avatar, document, spreadsheet, text message, form entry, web page, and any
other file or data or any similar material, including but not limited to each of
the foregoing that is uploaded to, transferred through, publicly posted, processed
or entered into the Services; “Intellectual Property Rights” means any copyright,
database right, design right, trade mark, service mark, patent, rights in invention,
domain name, confidential information, know how, business name, trade name, get
up, trade dress, right to sue for passing off or for unfair competition, and any
other intellectual property rights whether applied for, registered or unregistered
and all extensions, renewals and revivals thereof and existing anywhere in the world;
“Services” means the web services, all Your Workspaces, associated software, and
other services related thereto provided to You by BigFish network Ltd. in accordance
with this agreement and with the characteristics and features as described at TheBigFishNetwork.com
from time to time; “Website” means http://www.TheBigFishNetwork.com
Acceptance of Terms
By clicking the box “I accept the terms”, or by executing and returning to Us a
written copy of this Agreement or by installing, copying or otherwise using the
Services, You agree to be bound by the Terms of Use. If You do not agree to be bound
by any term or condition contained in these Terms of Use You may not download, order,
install, use, or operate the Website or use the Services. If You do not wish to
proceed, do not use the Services or the Website. If You proceed to use the Services
or the Website and You do not accept the terms of this Agreement You will be infringing
Our Intellectual Property Rights and We reserve the right to take legal proceedings
against You for such infringement.
Your Account
If you use the website, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer to prevent
unauthorised access to your account. You agree to accept responsibility for all
activities that occur under your account or password. You should take all necessary
steps to ensure that the password is kept confidential and secure and should inform
us immediately if you have any reason to believe that your password has become known
to anyone else, or if the password is being, or is likely to be, used in an unauthorised
manner.
Please ensure that the details you provide us with are correct and complete and
inform us immediately of any changes to the information that you provided when registering.
TheBigFishNetwork.com reserves the right to refuse access to the website, terminate
accounts, remove or edit content, or cancel orders at our discretion. If we cancel
an order, it will be without charge to you.
Access to TheBigFishNetwork.com
We will do our utmost to ensure that availability of the website will be uninterrupted
and that transmissions will be error-free. However, due to the nature of the Internet,
this cannot be guaranteed. Also, your access to the website may also be occasionally
suspended or restricted to allow for repairs, maintenance, or the introduction of
new facilities or services. We will attempt to limit the frequency and duration
of any such suspension or restriction.
Licence for website access
TheBigFishNetwork.com grants you a limited licence to access and make personal use
of this website, but not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of TheBigFishNetwork.com.
This licence does not include any resale or commercial use of this website or its
contents; any collection and use of any product listings, descriptions, or prices;
any derivative use of this website or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of TheBigFishNetwork.com
and its affiliates without express written consent. You may not use any meta tags
or any other “hidden text” utilising TheBigFishNetwork.com or its affiliates’ names
or trademarks without the express written consent of TheBigFishNetwork.com. Any
unauthorised use terminates the permission or license granted by TheBigFishNetwork.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink
to the Home page of TheBigFishNetwork.com as long as the link does not portray TheBigFishNetwork.com,
its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any TheBigFishNetwork.com logo or
other proprietary graphic or trademark as part of the link without our express written
consent.
Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an agent,
any of the following “Prohibited Conduct”:
* Transmit, install, upload or otherwise transfer any virus, advertisement, communication,
or other item or process to the website that in any way affects the use, enjoyment
or service of the website, or adversely affects TheBigFishNetwork.com‘s computers,
servers or databases.
* Engage in any action that TheBigFishNetwork.com. determines is detrimental to
others‘ use and enjoyment of the website.
* Capture, download, save, upload, or otherwise retain information and content available
on the website other than what is expressly allowed by these Terms.
* Permit or provide others access to the website using your username or password
or otherwise.
* Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or
adapt any of the software, information, text, graphics, source code or HTML code,
or other content available on the website.
* Remove or modify any copyright, trademark, legal notices, or other proprietary
notations from the content available on the website.
* Transfer the website content to another person; “frame,” “mirror,” “in-line link,”
or employ similar navigational technology to the website content; or “deep link”
to the website content.
* Violate or attempt to violate TheBigFishNetwork.com‘s security mechanisms, access
any data or server you are not authorized to Access; or otherwise breach the security
of the website or corrupt the website in any way.
* Engage in any other conduct which violates the Copyright Act or other laws of
the United Kingdom.
* Use any device or other means to harvest information about other Users.
* Use the website to violate a third party‘s intellectual property, personality,
publicity or confidentiality rights.
* Misrepresent your identity or personal information when accessing the website.
* Post obscene, defamatory or illegal material on the website.
In order to ensure that Users of the website do not engage in Prohibited Conduct,
TheBigFishNetwork.com reserves the right to monitor use of the website and reserves
the right to revoke or deny access to the website to any person or entity whose
use of the website suggests Prohibited Conduct.
Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications;
and submit suggestions, ideas, comments, questions, or other information, as long
as the content is not illegal, obscene, abusive, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise injurious to
third parties, or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings, or
any form of “spam.” You may not use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin of any content. TheBigFishNetwork.com
reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you...
* (a) grant TheBigFishNetwork.com and its affiliates a non-exclusive, royalty-free
and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout the
world in any media; and
* (b) TheBigFishNetwork.com and its affiliates and sublicensees the right to use
the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period
of protection of your intellectual property rights associated with such content
and material. You agree to waive your right to be identified as the author of such
content and your right to object to derogatory treatment of such content. You agree
to perform all further acts necessary to perfect any of the above rights granted
by you to TheBigFishNetwork.com, including the execution of deeds and documents,
at the request of TheBigFishNetwork.com.
You represent and warrant that you own or otherwise control all of the rights to
the content that you post; that, as at the date that the content or material is
submitted to TheBigFishNetwork.com: (i) the content and material is accurate; (ii)
use of the content and material you supply does not breach any applicable TheBigFishNetwork.com
policies or guidelines and will not cause injury to any person or entity (including
that the content or material is not defamatory). You agree to indemnify TheBigFishNetwork.com
and its affiliates for all claims brought by a third party against TheBigFishNetwork.com
or its affiliates arising out of or in connection with a breach of any of these
warranties.
Electronic communications
When you visit TheBigFishNetwork.com or send e-mails to us, you are communicating
with us electronically. We communicate with you by e-mail or by posting notices
on the website. For contractual purposes, you consent to receive communications
from us electronically and you agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing. This condition does not affect your statutory
rights.
Defamation claims
TheBigFishNetwork.com cannot be aware of all the content of the website including
but not limited to the public forums. Therefore if you believe any content to contain
a defamatory statement, please notify us immediately. Once TheBigFishNetwork.com
has been notified TheBigFishNetwork.com will make all reasonable endeavours to remove
the defamatory content complained about within a reasonable time. TheBigFishNetwork.com
has complete discretion as to what content should be removed and the notification
by you to TheBigFishNetwork.com is only a notice to bring the statement in question
to TheBigFishNetwork.com’s attention for review and not a guarantee of its removal.
Copyright, authors’ rights and database rights
All content included on the website, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of TheBigFishNetwork.com, its affiliates or its content suppliers and is
protected by United Kingdom and international copyright, authorsrights and database
right laws. The compilation of all content on this website is the exclusive property
of TheBigFishNetwork.com and its affiliates and is protected by United Kingdom and
international copyright and database right laws. All software used on this website
is the property of TheBigFishNetwork.com, our affiliates or our software suppliers
and is protected by United Kingdom and international copyright and authorsrights
laws.
You may not systematically extract and/or re-utilise parts of the contents of the
website without TheBigFishNetwork.com’s express written consent. In particular,
you may not utilise any data mining, robots, or similar data gathering and extraction
tools to extract (whether once or many times) for re-utilisation of any substantial
parts of this website, without TheBigFishNetwork.com’s express written consent.
You also may not create and/or publish your own database that features substantial
(eg our prices and product listings) parts of this website without TheBigFishNetwork.com’s
express written consent.
Intellectual Property Claims
TheBigFishNetwork.com and its affiliates respect the intellectual property of others.
If you believe that your intellectual property rights have been used in a way that
gives rise to concerns of infringement please contact us immediately.
Purchase and refund policy
TheBigFishNetwork.com’s 30-Day Money-Back Guarantee If for any reason you are not
satisfied with your purchase please contact a customer service representative and
we will gladly exchange the product or issue a refund (less shipping costs). To
qualify for a refund or exchange we require that all disks, boxes, packaging materials
and any other materials must be included and in like-new condition. TheBigFishNetwork.com
reserves the right to refuse damaged or incomplete returns, or returns where more
than the first session of any course or product has been opened or viewed. Your
use (accessing, browsing, buying, etc.) of this site is your legal agreement to
the policies, terms and conditions below. You also agree to comply with all applicable
laws and regulations, including exports and re-exports control regulations. If you
do not agree to these terms, do not use this site.
Limitation of liability In no event shall BigFish Network Ltd, its parent, subsidiaries,
or affiliates, or their respective officers, directors, employees, representatives,
or agents be liable for direct, special, incidental, consequential, punitive, or
indirect damages (including but not limited to, loss of data, use, or profits),
however caused, whether for breach of contract, negligence, or otherwise, and whether
or not this company has been advised of the possibility of any such damages. You
agree that the company parties maximum liability arising from any product sold shall
not exceed the price of such product. Some jurisdictions do not allow the limitation
of exclusion of liability for certain damages so the above limitations and exclusions
may not apply to you to the extent such jurisdictions law is applicable to this
agreement.
Customs
When ordering goods from TheBigFishNetwork.com for delivery overseas you may be
subject to import duties and taxes, which are levied once the package reaches the
specified destination. Any additional charges for customs clearance must be borne
by you; we have no control over these charges and cannot predict what they may be.
Customs policies vary widely from country to country, so you should contact your
local customs office for further information. Additionally, please note that when
ordering from TheBigFishNetwork.com, you are considered the importer of record and
must comply with all laws and regulations of the country in which you are receiving
the goods. Your privacy is important to us and we know that you care about how information
about your order is used and shared. We would like our international customers and
customers dispatching products internationally to be aware that cross-border deliveries
are subject to opening and inspection by customs authorities.
Other businesses
TheBigFishNetwork.com provides links to websites of affiliated companies and certain
other businesses. We are not responsible for examining or evaluating, and we do
not warrant or endorse the offerings of any of these businesses or individuals,
or the content of their websites. TheBigFishNetwork.com does not assume any responsibility
or liability for the actions, products, and content of any of these and any other
third-parties.
Losses
TheBigFishNetwork.com will be responsible for any losses you suffer as a result
of us breaching these conditions if the losses were reasonably foreseeable to both
you and us when you commenced using the website, or a contract for the sale of goods
by us to you was formed. We will not be responsible for any business loss (including
loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted
expenditure) or any other indirect or consequential loss that is not reasonably
foreseeable to both you and us when you commenced using the website or when a contract
for the sale of goods by us to you was formed. TheBigFishNetwork.com does not limit
in any way our liability by law for death or personal injury caused from our negligence
or breach of duty or caused by our gross negligence or willful misconduct. Events
beyond our reasonable control We will not be held responsible for any delay or failure
to comply with our obligations under these conditions if the delay or failure arises
from any cause which is beyond our reasonable control. This condition does not affect
your statutory rights.
Waiver
If you breach these conditions and we take no action, we will still be entitled
to use our rights and remedies in any other situation where you breach these conditions.
Warranties
TheBigFishNetwork.com does not warrant that the software and content you receive
either by downloading or any other form provided by us, that use of the software
will be uninterrupted or that the operation of the software will be error-free or
secure.
TheBigFishNetwork.com warrants that the media containing the software, if provided
by TheBigFishNetwork.com, is free from defects in material from the date you acquired
the software. TheBigFishNetwork.com’s sole liability for any breach of this warranty
shall be, in its sole discretion: (i) to replace your defective media or software;
or (ii) to advise you how to achieve substantially the same functionality with the
software as described; or (iii) if the above remedies are impracticable, to refund
the subscription fee you paid for the software. only if you inform TheBigFishNetwork.com
of your problem with the software within thirty (30) days of discovering the problem
will TheBigFishNetwork.com be obligated to honor this warranty. TheBigFishNetwork.com
will use commercially reasonable efforts to repair, replace, advise, or refund pursuant
to the foregoing warranty within thirty (30) days of being so notified. if any modifications
are made to the software by you during the warranty period; if the medium is subjected
to accident, abuse, or improper use; or if you violate the terms of this agreement,
then this warranty shall immediately terminate. this warranty shall not apply if
the software is used on or in conjunction with hardware or software other than the
unmodified version of hardware and software with which the software was designed
to be used as described.
Although TheBigFishNetwork.com. has attempted to provide accurate information on
the site, it makes no guarantee or warranty, express or implied, as to the reliability,
accuracy, timeliness or completeness of that information and assumes no responsibility
for any errors or omissions therein.
Disclaimer and limitation of liability
User accesses this website at his or her own risk. the website is provided on an
“as is, as available” basis without warranty of any kind expressed or implied, and
any and all warranties of merchantability or fitness for a particular purpose or
non-infringement of third parties‘ rights are specifically disclaimed. TheBigFishNetwork.com
does not warrant any particular result from use of the software or site. TheBigFishNetwork.com
does not warrant that the information on the site or software is accurate, complete
or complies with any particular law or regulation. under no circumstances and under
no legal theory, tort, contract, or otherwise, shall TheBigFishNetwork.com or any
of its affiliates, agents, employees, shareholders, directors, officers, third party
content providers or assigns be liable to you or any other person for any indirect,
special, incidental, punitive or consequential damages of any character, including
without limitation, damages for loss of goodwill, work stoppage, computer failure
or malfunction, loss of data, loss of productivity or contract, or any and all other
commercial damages or losses. your use of this website is at your sole risk and
any content that you download is downloaded at your own discretion and risk, and
you are solely responsible for any damage to your computer system in excess of the
amount TheBigFishNetwork.com received from you for access to the content, and for
any loss of data that results from the download of any such content, including any
damages resulting from computer viruses. in no event will TheBigFishNetwork.com
be liable for any damages in excess of the amount TheBigFishNetwork.com received
from you for access to the content, even if TheBigFishNetwork.com shall have been
informed of the possibility of such damages, or for any claim by any other party.
in no event will warranties provided by law, if any, apply unless they are required
to apply by statute notwithstanding their exclusion by contract. this disclaimer
is applicable to any damage or injury resulting from negligence or omission of TheBigFishNetwork.com,
computer virus or other similar item, telecommunications errors, or unauthorized
access to or use of user information through theft or any other means. TheBigFishNetwork.com
is not liable for criminal, tortious, or negligent actions or omissions of third
parties that affect this site. The laws of your jurisdiction may prohibit or modify
the foregoing disclaimers and limitations on damages, and such disclaimers or limitations
on damages may not apply to you.
Third Party Content
You acknowledge that TheBigFishNetwork.com does not pre-screen third party materials.
TheBigFishNetwork.com is not the publisher or author of any information on the website
that is provided by third party content providers, and TheBigFishNetwork.com is
not liable for any claims related to such information. Content provided by third
parties is for informational purposes only and constitutes neither an endorsement
nor a recommendation by TheBigFishNetwork.com. TheBigFishNetwork.com assumes no
responsibility for those products or services.
Copyrights and Trademarks and other Proprietary Rights
TheBigFishNetwork.com or its third party content providers shall retain all worldwide
rights in the intellectual property of the website, including, but not limited to,
trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source
code, the HTML code, the “look and feel” of the website, its color combinations,
layout, and all other graphical elements, and the copyright in and to its original
content. You should assume that everything you read or see on the website is copyrighted,
trademarked, or otherwise protected and owned or licensed by TheBigFishNetwork.com.
Except as expressly stated on the website or in these Terms, nothing that you read
or see on the website may be copied, reproduced, modified, distributed, transmitted,
republished, displayed or performed for commercial use without the prior written
consent of TheBigFishNetwork.com except as provided in these Terms.
If you post any material on the website, You agree that you have publicly disclosed
any intellectual property, idea, copyrightable material, invention or know-how posted
and that you have granted TheBigFishNetwork.com a perpetual license to use, develop,
copy and distribute such intellectual property, idea, copyrightable material, invention
or know-how without any obligation, including the payment of royalties, or duty
to you.
Indemnification
User agrees to defend, indemnify and otherwise hold harmless TheBigFishNetwork.com
and its officers, directors, agents, employees, shareholders, successors and assigns
from and against any cause of action or claim, including court costs, expenses and
attorney fees, related to or arising from User‘s Prohibited Conduct or other improper
or illegal use of the website.
Termination of Agreement
In addition to TheBigFishNetwork.com‘s other rights, it may terminate this agreement
at any time and at its sole and absolute discretion. TheBigFishNetwork.com may also
terminate access to content or cancel subscriptions without notice if it believes,
in its sole judgment, that you have breached or may breach any term or condition
of this agreement, or engaged in conduct that TheBigFishNetwork.com deems inappropriate,
for its convenience or for any other reason.
In the event of termination of this agreement, your obligations to pay outstanding
subscription fees shall survive any termination of this agreement.
Miscellaneous
These Terms constitute the entire agreement between TheBigFishNetwork.com and user
regarding the subject matter hereof. Any previous agreement, whether oral or written,
between TheBigFishNetwork.com and user dealing with the subject matter hereof is
superseded. These Terms may only be modified or amended in writing. If any portion
of these Terms is determined to be unenforceable for any reason, such portion will
be deemed severed and the remaining terms shall continue in full force and effect.
Upon user‘s breach or threatened breach of these Terms, TheBigFishNetwork.com may
pursue any legal or equitable remedy available, including but not limited to, direct,
consequential and punitive damages and injunctive relief. TheBigFishNetwork.com‘s
remedies are cumulative and not exclusive. Failure of TheBigFishNetwork.com to exercise
any remedy or enforce any portion of this agreement at any time shall not operate
as a waiver of any remedy or of the right to enforce any portion of the agreement
at any time thereafter. User agrees that regardless of any statute or law to the
contrary, any claim or action arising out of or regarding this agreement must be
filed within one (1) year after such claim or cause of action arose or be forever
barred. By Accessing the website, user signs and accepts this shortening of the
statutes of limitations. TheBigFishNetwork.com makes no representation that the
content of the website is appropriate or available for use in all locations. TheBigFishNetwork.com
operates this website from the United Kingdom and makes no representation that the
website complies with any foreign or international laws. You agree to comply with
all applicable local laws, including any international laws, in using this website.
You may not assign your rights or delegate your duties under these Terms. The parties
agree that no third party is an intended beneficiary of these Terms.
Law
This agreement shall be governed by and construed in accordance with the laws of
England and Wales.