Terms of Use
TOWNFISH
TERMS AND CONDITIONS OF USE OF OUR WEBSITE
THIS WEBSITE IS INTENDED TO COLLECT AND DISSEMINATE INFORMATION ABOUT YOU
WE MAY ALSO COLLECT INFORMATION ABOUT WHERE YOU ARE
THESE TERMS AND CONDITIONS ARE INTENDED TO FORM A BINDING CONTRACT BETWEEN YOU (OUR VISITOR) AND US (THE SITE AND THE OWNERS OF THE SITE) YOU ARE ADVISED TO READ THEM THROUGH THOROUGHLY BEFORE VISITNG THE REMAINDER OF THE SITE AS THEY CONTAIN CONDITIONS WHICH BIND YOU
IF ANY OF THESE TERMS IS NOT ACCEPTABLE TO YOU - YOU MUST LEAVE THE SITE `IMMEDIATELY AS YOUR AUTHORITY TO ACCESS IT IS DENIED
'TownFish' are TownFish.com this site and any sub-site to which it allows access and which
is owned by the Owner and which does not have its own terms and conditions
'The Owner' TownFish Limited of 27 Old Gloucester Street, London, WC1N 3AX
'You' are a visitor to our website for any purpose whatsoever
'Site' is the site you are now visiting known as TownFish and operated by the Owner
1. THE CONTRACT
1. In consideration of TownFish and the Owner allowing You access to this website You agree to comply with these terms and conditions without any modification.
2. YOUR OBLIGATIONS
2.1 You warrant as follows:
2. 1.1 That all and any information that You supply to this Site in any way and for any purpose is complete accurate current and true.
2.1.2 You will keep confidential ALL information in relation to any account You have with TownFish and will not supply or lend it to any third party
2.1.3 You are 18 years of age or older
2.1.4 You have the legal authority to enter into this Contract
2.1.5 You will read and understand that terms and conditions attached to any site with which TownFish has links and which you visit by use of such links
2.1.6 You will be solely responsible for all content you generate on the Site
2.1.7 You will keep any Password and User Name used to access the Site confidential to You and that You will not share it with any third party.
2.2 You will not
2.2.1 use this Website or its contents for any commercial purpose
2.2.2 access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission
2.2.3 violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website
2.2.4 take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure
2.2.5 deep-link to any portion of this Website for any purpose without our express written permission
2.2.6 “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization
2.2.7 attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by TownFish in connection with this Site or the services it offers
3. INTELLECTUAL PROPERTY
3. All information on this Site belongs to TownFish
3.1 You cannot copy, share, transmit, reproduce post or redistribute all or any part of any of the information contained on this Site without permission in writing from the Owner and without subjecting yourself to any additional terms, whether financial or otherwise, which they in their absolute discretion impose
3.2 The content and information on this Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is owned by TownFish. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site.
4. YOUR INFORMATION
4. You expressly permit Us to use all information with which You provide Us and all information which we glean from the device You use to access the Site and including your whereabouts at the time you access this Site for whatever reasonable purpose We in our sole discretion decide will best enable Our Site to provide the services it advertises and you permit use to store all and any information with which you supply us and a record of all and any locations from which you use the Site
5. USE OF RELATED SITES
5.1 TownFish does NOT warrant that any sites with which it has links are free to use and that their terms and conditions will be similar to these terms and conditions.
5.2 TownFish does not warrant that the charges and/or any terms and conditions made by any site with which it has links are fair and reasonable.
6. PRIVACY POLICY
6. TownFish will comply with the Privacy Policy it publishes from time to time (click here to view privacy policy)
7. SUBMISSIONS
7.1 “Submissions†will mean any content of whatever nature You submit to TownFish (including but without limitation reviews, comments, suggestions and ideas)
7.2 In respect of all and any Submissions made by You, You grant TownFish and the Owner and their affiliates a nonexclusive, royalty-free, perpetual transferable irrevocable and fully assignable right to
7.2.1 use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and
7.2.2 use the name that you submit in connection with such Submission.
7.3 You acknowledge that TownFish may choose to provide attribution of your comments or reviews at its discretion.
7.4 You further grant TownFish the exclusive right to pursue at law any person or entity that violates Your or TownFish’s rights in the Submissions by a breach of this Contract and to retain all or any damages costs and other payments granted in such action
7.5 You agree that all Submissions are non-confidential
7.6 You accept that TownFish has an absolute right to remove and/or withdraw from publication any Submissions which in its absolute discretion it regards as unsuitable for the Site
8. INTERACTIVE AREAS
8.1 “Interactive Area†will mean all parts of the Site which allow comment posting or any other form of interaction between You and the Site.
8.2 The use of the content of this Site is entirely at Your own risk and TownFish and the Owner accept no responsibility for the accuracy or correctness of any of the content on this Site. When using the Site You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
8.2.1 Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable
8.2.2 Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
8.2.3 Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offence, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, state, national or international law.
8.2.4 Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8.2.5 Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.2.6 Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including TownFish or the Owner;
8.2.7 Unsolicited promotions, mass mailings or “spammingâ€, transmission of “junk mail”, “chain letters,” political campaigning, advertising, contests, raffles, or solicitations;
8.2.8 Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
8.2.9 Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
8.2.10 Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
8.2.11 Viruses, corrupted data or other harmful, disruptive or destructive files;
8.2.12 Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
8.2.13 Content or links to content that, in the sole judgment of the Owner,
8.2.13.1 violates the previous subsections herein,
8.2.13.2 is objectionable,
8.2.13.3 which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or
8.2.13.4 which may expose TownFish or the Owner or its affiliates or its users to any prosecution harm or liability of any type.
8.3.1 Neither TownFish nor the Owner assume any responsibility or liability for any Content posted, stored or uploaded by You or any third party, or for any loss or damage thereto, nor are TownFish or the Owner liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. As a provider of interactive services, neither TownFish nor the Owner are liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area
.
8.3.2. Without accepting any obligation so to do TownFish reserves the right to remove screen alter edit or monitor any of the Content posted to or distributed through any Interactive Area which it in its absolute discretion decides and which is posted or stored on the Site at any time and for any reason, and You are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at Your sole cost and expense.
8.3.3 If it is determined that You retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that
8.3.3.1 You do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
8.3.3.2 You have no objection to the publication, use, modification, deletion and exploitation of the Content by TownFish or its licensees, successors and assigns;
8.3.3.3 You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
8.3.3.4 You forever release TownFish and thee Owner, and its and their licensees, successors and assigns, from any claims that you could otherwise assert against TownFish and/or the Owner by virtue of any such moral rights.
8.4 If You use the Interactive Areas or any other part of the Site in violation of the beforementioned restrictions TownFish may, in its sole discretion, terminate or suspend Your right to use the Interactive Areas and/or the Site or any part or parts of it
8.5 If required by any proper request of any Court Law Enforcement or Government body or to protect TownFish’s systems and other users TownFish may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. TownFish’s right to disclose any such information in these circumstances will take precedence over any terms of TownFish’s Privacy Policy.
9. ADVICE
None of the services whose details we supply have been used or tested by Us and we do not have any control over the quality of their offering. You use such services entirely at your own risk
10. INDEMNITY
You agree to indemnify TownFish and the Owner and their affiliates officers directors employees and agents from and against all loss or damage claims, causes of action demands recoveries of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any third party as a result of:
10.1 Your breach of this Contract or the documents referenced herein;
10.2 Your violation of any law or the rights of a third party; or
10.3 Your use of this Website.
10.4 Your violation of any of the rules and regulations of any othe bodies referred to in condition 8.2.3 of these terms and conditions; or
10.5 any other activity on Your part which gives rise to such a claim, cause of action, demands or recovery.
11. LINKS
11.1 The Site contains links to other sites and TownFish accepts no liability for the accuracy or otherwise of the content of such sites or for the privacy of any information You provide to those sites.
11.2