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Terms of Use

Please read these terms carefully before using our website

Last updated: January 2024

Agreement to Terms

These Terms of Use constitute a legally binding agreement between you ("User", "you", "your") and fishgnomen ("Company", "we", "us", "our") concerning your access to and use of the fishgnomen.com website and any related services.

By accessing or using our website, you agree to be bound by these Terms of Use. If you disagree with any part of these terms, you may not access the website or use our services.

Intellectual Property Rights

Unless otherwise indicated, the website and all content, features and functionality (including but not limited to all information, software, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof) are owned by fishgnomen, its licensors, or other providers of such material and are protected by Irish and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are granted a limited licence to access and use the website and to download or print copies of any portion of the content to which you have properly gained access solely for your personal, non-commercial use, provided you keep intact all copyright, trademark and other proprietary notices.

User Representations

By using the website, you represent and warrant that:

  • You have the legal capacity and agree to comply with these Terms of Use
  • You are not a minor in the jurisdiction in which you reside
  • You will not access the website through automated or non-human means
  • You will not use the website for any illegal or unauthorised purpose
  • Your use of the website will not violate any applicable law or regulation

Prohibited Activities

You may not access or use the website for any purpose other than that for which we make it available. The website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the website, you agree not to:

  • Systematically retrieve data or content from the website to create a collection, compilation, database or directory
  • Make any unauthorised use of the website, including collecting usernames and/or email addresses by electronic or other means
  • Circumvent, disable or otherwise interfere with security-related features of the website
  • Engage in unauthorised framing of or linking to the website
  • Trick, defraud or mislead us or other users
  • Engage in any automated use of the system, such as using scripts to send comments or messages
  • Interfere with, disrupt or create an undue burden on the website or its networks
  • Attempt to impersonate another user or person
  • Use any information obtained from the website to harass, abuse or harm another person
  • Use the website in a manner inconsistent with any applicable laws or regulations

User Generated Contributions

The website may invite you to submit content, including but not limited to comments, feedback, suggestions, ideas, and other submissions. Any such contributions you transmit to us will be treated as non-confidential and non-proprietary.

By providing any contribution, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to use, copy, reproduce, modify, adapt, publish, translate, and distribute such contribution for any lawful purpose.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the website ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Website Management

We reserve the right, but not the obligation, to:

  • Monitor the website for violations of these Terms of Use
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use
  • Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof
  • Remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
  • Otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website

Third-Party Links

The website may contain links to third-party websites and services that are not owned or controlled by fishgnomen. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Disclaimer

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • Errors, mistakes or inaccuracies of content and materials
  • Personal injury or property damage resulting from your access to and use of the website
  • Unauthorised access to or use of our secure servers and/or any personal information stored therein
  • Interruption or cessation of transmission to or from the website
  • Bugs, viruses, trojan horses or the like which may be transmitted to or through the website by any third party

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your contributions, use of the website, breach of these Terms of Use, or breach of your representations and warranties.

Governing Law

These Terms of Use and your use of the website are governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law principles. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the website shall be instituted exclusively in the courts of Ireland.

Dispute Resolution

Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall first be addressed through informal negotiation. If such negotiation does not resolve the dispute within 30 days, either party may initiate formal proceedings in the courts of Ireland.

Modifications

We reserve the right to modify or replace these Terms of Use at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms.

Severability

If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Use shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Contact Us

If you have any questions about these Terms of Use, please contact us:

fishgnomen
Unit 12, Digital Hub
Thomas Street
Dublin 8, D08 TCV4
Ireland

Email: [email protected]