Born With Gills - General Terms and Conditions
Please read through these Terms and Conditions carefully. By accessing the Born With Gills web site or mobile application at http://bornwithgills.com
INTELLECTUAL PROPERTY PROTECTION
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the “Born With Gills Content”), are copyright of Born With Gills and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the “Born With Gills” name and logo or other trade names appearing on the Site) for any reason without written permission from Born With Gills. The software that operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
USE OF Born With Gills CONTENT
You may retrieve and display the Born With Gills Content on a computer screen or (if expressly authorised) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Born With Gills Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Born With Gills: a. Reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Born With Gills Content, or b. Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Born With Gills Content (including use as part of any library, archive or similar service) without the prior written consent of Born With Gills, c. Remove the copyright or trademark notice from any copies of the Born With Gills Content made under these Terms. d. Any use of the Born With Gills Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the Webmaster, and may be subject to a fee.
LICENCE FEE, PAYMENT, AND TRANSACTIONS
Access to certain Born With Gills Content may be subject to a fee. All payments (including applicable taxes) must be made in advance in US Dollars or other currency specified by Born With Gills. You are responsible for the payment of all charges associated with the use of the Site using your ID. If Born With Gills terminates your use of the Site, you will be entitled to receive a refund of any credits or pre-payments, which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination. You may use the Site to purchase products or services from Born With Gills’s third party partners. In that event, your contract for such products will be with the third party partner and not with Born With Gills.
TERM AND TERMINATION
Born With Gills may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use Born With Gills Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Born With Gills provided in these Terms or by law.
CHANGES TO THE SITE
Born With Gills reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Born With Gills Content available on the Site at any time and to restrict the use and accessibility of the Site.
REGISTRATION, PASSWORDS AND RESPONSIBILITIES
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the Born With Gills Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify Born With Gills if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorized use of a sign-on password, I.D., user name, or of the Born With Gills Content or the Site. You will provide Born With Gills with accurate, complete registration information (including in particular your e-mail address) and inform Born With Gills of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Born With Gills reserves the right to monitor and record activity on the Site, including access to the Born With Gills Content.
The Site may include bulletin boards, discussion groups and other public areas that allow feedback to Born With Gills and interaction between users and Born With Gills representatives (“Forums”). While Born With Gills does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums. You are solely responsible for the content of your Messages. You must comply with any rules posted by Born With Gills on a Forum. You may not: a. post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”; b. post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content; c. post or otherwise publish any Messages that contain a virus or other harmful component; d. disguise the origin of any Messages; e. impersonate any person or entity (including Born With Gills employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity; f. post or otherwise publish any Messages unrelated to the Forum or the Forum’s topics; g. post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment; h. collect or store other users’ personal data; i. restrict or inhibit any other user from using the Forums. By submitting Messages to any Forum you agree to indemnify and hold harmless Born With Gills from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 8. The Forums contain Messages submitted by users over whom Born With Gills has no control. Born With Gills cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions. By submitting Message to a Forum you are granting Born With Gills perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Born With Gills reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit. It is not possible for Born With Gills to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify Born With Gills immediately.
NO WARRANTY, DISCLAIMER OF LIABILITY AND INDEMNITY
Whilst every effort has been made to ensure the high quality and accuracy of the Site, Born With Gills makes no warranty, express or implied concerning the Born With Gills Content, the Site, software or products or services available through the Site (the “Site Services”), which are provided “as is”. Born With Gills expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Born With Gills, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including but not limited to, without limitation, losses incurred due to information pertaining to surf spots, zones or countries whether that information be incorrect, misunderstood or misused, injury or loss of life whilst participating in surfing or any related activity, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Born With Gills has been advised of the possibility that such damages may arise. Born With Gills does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties. In no event will any liability of Born With Gills, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Born With Gills exceed the amount, if any, paid by you to Born With Gills in respect of the particular Site Service to which the claim relates. Upon Born With Gills’s request, you agree to defend, indemnify and hold harmless Born With Gills from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
Born With Gills, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Born With Gills Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
RESERVATION OF TITLE FOR GOODS SOLD
Until payment is received of all monies owed to Born with Gills from the Customer legal and beneficial ownership of any and all Goods supplied to the Customer from Born with Gills remains with the Born with Gills. Born with Gills has full power to regain possession and resell any and all of the Goods supplied irrespective of part payment thereof.
Changes to these Terms. Born With Gills may, in its discretion, change these Terms (including those relating to your use of Site and/or the Born With Gills Content). When Terms are changed, Born With Gills will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after Born With Gills has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Born With Gills Content may be subject to additional terms and conditions. Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Born With Gills is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Born With Gills is not responsible for the availability of these web sites or their contents. Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Born With Gills. Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right. Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction within one year after the cause of action has arisen, or such cause will be barred, invalid, and void. Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply. Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.
GOVERNING LAW AND JURISDICTION
For the exclusive benefit of Born With Gills, Born With Gills shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.