Terms of Use
These Terms contain thirteen sections. Last updated Friday 25 January.
You can view each section by selecting the links below:
1 INTRODUCTION
2 ABOUT FIGH FIGHT
3 THE SHOP
4 REGISTERING WITH FISH FIGHT
5 COMMUNITY RULES
6 OUR PRIVACY POLICY
7 LINKS
8 THIRD PARTY SOFTWARE
9 EXCLUSIONS AND LIMITATIONS OF LIABILITY
10 INDEMNITY
11 USER COMPLAINTS
12 GENERAL
13 GOVERNING LAW AND JURISDICTION
14 CONTACT US
1 INTRODUCTION
1.1 Welcome to Fish Fight (“Fish Fight”). Fish Fight is operated and owned by KEO Films.com Ltd (“we”, “us” or “our” as appropriate). We may make Fish Fight available through a number of channels. It is currently available through the website at www.fishfight.net (“Fish Fight Site”).
1.2 If you do not want to be bound by these Terms, our Privacy Policy and Cookie Policy (“the Terms”), please do not access, use and/or share Fish Fight.
1.3 We may change these Terms from time to time. Any changes will take effect seven (7) days after the date of our e-mail to you notifying you of a change or the date on which we post the modified Terms on Fish Fight, whichever is the earlier. Your continued use of Fish Fight after these Terms have been changed will be treated as acceptance by you of the updated or amended Terms. If you do not agree to the changes, you must cease using Fish Fight.
2.1 We are collating support for a campaign to try and stop fish discards in the EU and other marine conservation campaigns.
2.2 We have created a campaign video which you will find on our homepage. You are free to share and distribute the Fish Fight video (“Video”) and any other content we expressly invite you to share using the tools provided on Fish Fight, provided that
2.2.1 you only make non-commercial use of it;
2.2.2 you do not edit its content;
2.2.3 you respect all copyright and trademarks contained in the video;
2.2.4 you will do so in a lawful and responsible manner
2.3 All of the content on Fish Fight is owned by us or our licensors and is protected by UK and international copyright laws.
2.4 Our content includes any information or other material found on Fish Fight, including the Video, other audio-visual material, databases, graphics, software, trade marks and trade names contained on Fish Fight or made available through it together with all other features of Fish Fight. You are permitted to download any individual page of that content onto one computer hard drive or, print such page or view any images provided it is for your personal use, you keep intact all and any copyright and proprietary notices and do not edit the same. Other than in respect of the Video and any other content that we expressly invite you to share, no other use may be made of our content, including republishing, posting, transmitting, storing, selling, distributing or modifying it without our prior written consent.
2.5 One of the features we make available on Fish Fight is the ability to become part of the Fish Fight ‘Crew’ and users will be asked if they wish to ‘Join the Crew’ . Being a ‘Crew’ member enables signed up members to collect points for specified tasks that they carry out and earn rewards, such as having access to exclusive content. The points are of non-monetary value and there will be no cash alternatives to the points or rewards awarded. We reserve the right to make changes to, add or delete the tasks set, the number of points awarded per task and/or the rewards awarded at any time.
3.1 You are able to purchase T-shirts and other products that we have designed via the Shop accessible through Fish Fight. The Shop is operated by a third party company, sprd.net AG, which is incorporated under the laws of the Federal Republic of Germany, (“Spreadshirt”). Spreadshirt is responsible for the production of these products, their sale and delivery. Any purchase you make of any such product is governed by Spreadshirt’s Terms and Conditions, and not these Terms. So your contract for any purchase will be with Spreadshirt and not us. As a result, we advise you to read Spreadshirt’s Terms and Conditions and its Privacy Policy to make sure that you accept their terms, before placing an order with them. In particular, please note that since Spreadshirt is a company incorporated in the Federal Republic of Germany (and the products are made and dispatched from there) that the governing law of your contract with Spreadshirt is the law of the Federal Republic of Germany.
3.2 Please note that we make nothing from the sale of the products we design. We simply grant a free license in the designs to Spreadshirt to enable them to make the products. Spreadshirt, who are a profit-making business with no other connection to us, then manufacture and sell the products and retains all revenues from sales.
4.1 You are free to browse Fish Fight without registering with us. However, certain features, such as ‘Join the Crew’ are only available to you, if you register to participate in that feature.
4.2 When you register with us whether by using the standard registration process, or by using the Facebook Connect facility, you will be asked to “accept” the Terms and Conditions, Privacy Policy and Cookie Policy and, on doing so, you will be deemed to have consented to and will be bound by these Terms.
4.3 If you register and choose a password or any other piece of information as part of our log in security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any password or other user identification information, chosen by you, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5.1 Obviously we positively encourage users to make full use of Fish Fight, engage in its content and spread the word about our campaigns. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the rules set out below:
5.1.1 You agree to ensure that:
• all content posted by you either to Fish Fight directly or via Fish Fight’s pages on third party platforms’ (e.g. the Fish Fight Facebook page) is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or could otherwise be objectively considered to be objectionable or embarrassing to any other person;
• you will use Fish Fight and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;
• you will not use Fish Fight for any activities that breach any applicable laws, regulations or codes of conduct;
• you are polite and respectful in all communications and postings;
• any content you upload is not in breach of any copyright;
5.1.2 You may not:
• distribute or post spam in particular by sharing the same content with others multiple times. Just to be clear, if you are a member of the ‘Crew’, please act responsibly when you share content with others. You will not receive any additional points if you share the same content more than once a day in any event;
• distribute viruses or any other technologies that may harm Fish Fight or the interests of users of Fish Fight or otherwise interfere with or disrupt our servers;
• post or transmit any advertisements for or solicitations of business;
• post or transmit any material which is not relevant or connected to Fish Fight;
• after receiving a warning, continue to post or transmit comments that are not related to the topic being discussed;
• harvest or otherwise collect or use information about registered members without their explicit consent;
• allow another person to use your log in details for posting comments;
• continue to use Fish Fight if you have been suspended or your account terminated; or• engage in any other conduct that restricts or inhibits any other persons from using or enjoying Fish Fight, or which, in our judgment, exposes us to any liability or detriment of any type.
6.1 We take your privacy very seriously. Please read our Privacy Policy to see how the personal information that you provide to us is dealt with.
7.1 You may link to Fish Fight, provided:
7.1.1 our site is not loaded into frames on your website, unless we otherwise expressly agree; and
7.1.2 your site or service does not misrepresent its relationship with us or present false information about us.
7.2 We reserve the right to withdraw linking permission at any time without prior notice.
8.1 You acknowledge that you may need to download and activate certain software in order to use certain content provided on Fish Fight. This software will be clearly identified on Fish Fight.
8.2 In order to use such third party software or technology you will have to explicitly accept the terms of a license agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.
9 EXCLUSIONS AND LIMITATIONS OF LIABILITY
9.1 Nothing in these Terms of Use will restrict our liability for death or personal injury resulting from our negligence, or for any other liability that cannot be limited or excluded by law.
9.2 Subject to paragraph
9.3 and to the extent permitted by law, the Fish Fight Site is provided to you without any warranties or guarantees.
9.3 We promise that we will operate Fish Fight with reasonable skill and care and that we will use our reasonable endeavours to correct any faults of which we are aware. We do not make any promises about the availability of Fish Fight or any services made available through it. In particular we disclaim any liability in connection with any technical problems you may experience with Fish Fight which may result in interruptions to Fish Fight or the service it delivers, or any bugs or viruses in the Fish Fight Site, the server that makes Fish Fight available or the content made available through Fish Fight. It is your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through Fish Fight are free from such contaminations or other harmful properties. In addition, we do not provide any guarantees or warranties as to the accuracy of any material displayed on Fish Fight or made available via it. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Fish Fight, or by anyone who may be informed of any of its contents.
9.4 We also disclaim any liability in connection with the Shop which is accessible via Fish Fight and any transaction you make or seek to make through it, as the Shop is operated by a third party, not us, and we have no control over it, nor the fulfilment of any orders you place with it.
9.6 Occasionally we are unable to perform our obligations under these Terms due to circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
9.7 WE WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE FOR ANY LOSS OF BUSINESS, BARGAIN, DATA, PROFIT, GOODWILL, REPUTATION, OPPORTUNITY OR ANY OTHER INDIRECT, ECONOMIC OR CONSEQUENTIAL LOSS IN CONSEQUENCE OF ANY BREACH OF THESE TERMS.
10.1 You agree to only use Fish Fight in accordance with these Terms. You agree that you will compensate us (and our employees, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of: (i) any breach by you of these Terms; (ii) any breach by you of any laws; and (iii) any liability we incur as a result of your use of Fish Fight and/or any other service we provide by any other person using your log in details.
11.1 If you have any complaints, please contact us via e-mail keo@keofilms.com or by post at 101 St John St London EC1M 4AS and we will try to resolve them.
Severability
12.1 If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms shall not be affected and shall remain in force.Entire agreement
12.2 These Terms govern our relationship with you and represent our entire agreement with you.
Assignment
12.3 This agreement is personal to you. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Waiver
12.4 If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.Exclusion of third party rights
12.5 These Terms do not create any right enforceable by any person who is not a party to this agreement.
13 GOVERNING LAW AND JURISDICTION
13.1 This agreement between us (consisting of these Terms) will be concluded in English. Any disputes or claims between us arising out of or in connection with the contract are governed by and construed in accordance with the law of England and Wales. If a dispute arises between us out of or in connection with this agreement, then in an effort to resolve matters swiftly and in a cost efficient manner, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will have exclusive jurisdiction to deal with such dispute.
Fish Fight is owned and operated by KEO Films.com Limited. You can contact us at:
101 St John St, London, EC1M 4AS or at keo@keofilms.com.
KEO is registered as a company in England and Wales, with registered office address as noted above. KEO’s company number is 3138064 and VAT registration number is 927579377.Last updated December 2012.
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