Terms and Conditions of Use

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.