Acceptable Use Policy
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Welcome to ExoticWaterscapes.com (“exoticwaterscapes.com”), provided by Exotic Aquascapes, Inc., (The Pond Diggers of Exotic Aquatics). These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Exotic Aquascapes, Inc. for products, services or otherwise.
All Web site materials, including, without limitation, the Exotic Aquascapes, Inc. logos, designs, text, graphics, other files, and the selection and arrangement thereof are Copyright© 2000 Exotic Aquascapes, Inc., . ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Exotic Aquascapes, Inc. or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only, provided that you may not, without the permission of Exotic Aquascapes, Inc. or the respective copyright owner, (angel) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Exotic Aquascapes, Inc., the Exotic Aquatics logo and the products and services described in this Site, including without limitation ExoticWaterscapes.com are either trademarks or registered trademarks of Exotic Aquascapes, Inc. and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Exotic Aquascapes, Inc.. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Exotic Aquascapes, Inc., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Exotic Aquascapes, Inc. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Registered Trademarks are as follows:
The Exotic Aquatics Wave Icon
The Pond Digger™
The Pond Diggers®
365 Pond Tour™
Moonlight Pond Tour™
Pond MakeOver Contest™
Ponds For Schools™
Pond Tour For The Cure™
Licenses and Site Access
Exotic Aquascapes, Inc. grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (angel) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Exotic Aquascapes, Inc. or any third party.
You may not use, frame or utilize framing techniques to enclose any Exotic Aquascapes, Inc. trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without the Exotic Aquascapes, Inc. express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Exotic Aquascapes, Inc. name, trademark or product name without the Exotic Aquascapes, Inc. express written consent.
You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray Exotic Aquascapes, Inc. or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Exotic Aquascapes, Inc. logo or other proprietary graphic or trademark of Exotic Aquascapes, Inc. to link to this Site without the express written permission of Exotic Aquascapes, Inc.. This limited right may be revoked at any time.
Exotic Aquascapes, Inc. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Exotic Aquascapes, Inc. and Exotic Aquascapes, Inc. is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Exotic Aquascapes, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Exotic Aquascapes, Inc. of the site or any information contained therein. When leaving the Exotic Aquascapes, Inc. site, you should be aware that the Exotic Aquascapes, Inc. terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
In using this Site, you agree:
- Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites.
- Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites.
- Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files.
- Not to use or attempt to use another’s account, service or system without authorization from Exotic Aquascapes, Inc., or create or use a false identity on this Site.
- Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
- Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
Forums and Interactive Areas
This Site may include discussion forums or other interactive areas. Forums and interactive areas shall be used only for noncommercial purposes. By using any forum or interactive areas, you agree not to do any of the following.
- Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the US Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange or the Nasdaq.
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- Without Exotic Aquascapes, Inc. written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. Exotic Aquascapes, Inc. takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Exotic Aquascapes, Inc. reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless Exotic Aquascapes, Inc. and its affiliates and parties with whom Exotic Aquascapes, Inc. has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.
Copyright Policy and Copyright Agent
It is the Exotic Aquascapes, Inc. policy to respect the copyright and intellectual property rights of others. Exotic Aquascapes, Inc. may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Exotic Aquascapes, Inc. may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. If you believe that Exotic Aquascapes, Inc. or any user of our site has infringed your copyright in any material way, please notify the Exotic Aquascapes, Inc. Copyright Agent and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
- An identification of the copyrighted work claimed to have been infringed.
- An identification of the material that you claim is infringing so that we may locate it on the site.
- Your address, telephone number and email address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
- Exotic Aquascapes, Inc. Copyright Agent can be reached at email@example.com , or by mail at Legal Department, 609 Amigos Drive Unit One, Redlands, California 92373, or by telephone at (909) 793-8808.
You shall remain solely liable for the Content of any messages or other information you upload or transmit to Exotic Aquascapes, Inc., including any discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Exotic Aquascapes, Inc. from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Exotic Aquascapes, Inc., or postings on this Site, are nonconfidential and shall become the sole property of Exotic Aquascapes, Inc. Exotic Aquascapes, Inc. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Exotic Aquascapes, Inc., including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXOTIC AQUASCAPES, INC. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY EXOTIC AQUASCAPES, INC. OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT EXOTIC AQUASCAPES, INC. DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, EXOTIC AQUASCAPES, INC. AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. EXOTIC AQUASCAPES, INC. DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. EXOTIC AQUASCAPES, INC. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY EXOTIC AQUASCAPES, INC. VIA EMAIL OR OTHER MEANS, INCLUDING WITHOUT LIMITATION INFORMATION PROVIDED THROUGH , ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES EXOTIC AQUASCAPES, INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF EXOTIC AQUASCAPES, INC. OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE. EXOTIC AQUASCAPES, INC. ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EXOTIC AQUASCAPES, INC., ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS. EXOTIC AQUASCAPES, INC. DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL EXOTIC AQUASCAPES, INC. OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING EXOTICWATERSCAPES.COM OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE EXOTIC AQUASCAPES, INC. OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF EXOTIC AQUASCAPES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding any of these terms and conditions, Exotic Aquascapes, Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.