General Declarations
For
the purposes of these terms, Oscarfish.com is a sole proprietorship owned and
operated by Ryan M. Yadsko. The terms "our" or "us" or "we" throughout this
document shall include myself and/or any of my volunteer staff members on the
site such as, administrators, moderators, advice team, etc. The following
paragraphs on this page, as well as my Website Privacy Policy and Forum Rules
& Regulations, describe the Terms of Service (Terms or TOS) on which I offer
you access to this site.s services. Feel free to browse, view, and otherwise use
this website. However, your access to this site is subject to all Terms of
Service I establish or approve as well as by all applicable laws. Any or all
Terms of Service may be revised at any time, without notice. Any such update or
change will be effective immediately. You are bound by any such revisions
immediately upon update, therefore should review these Terms of Service
regularly.
No Warranties for This Site
Volunteer staff members do their best possible to provide
up-to-date accurate information regarding the aquarium hobby as well as other
topics. Any other member may also provide information on this site as well.
Because of the possibility of human, mechanical, or other unforeseen error, we
disclaim any implied warranty of any kind, including of representation about its
accuracy, completeness, or appropriateness or fitness for a particular purpose,
and noninfringement. You assume full responsibility for using the information on
this site, and you understand and agree that we are neither responsible nor
liable for any claim, loss, or damage resulting from its use. You agree to use
this site on an "AS IS" and and "AS AVAILABLE" basis. All faults as to
satisfactory quality, performance, accuracy, and effort remain with you. Our
mention of specific products or services or the publishing of links at this site
does not constitute or imply a recommendation or endorsement by us. Members that
donate to the site may or may not be granted access to certain features or
abilities as a thanks for their donation, but this does not supersede the above
said policy. Donating to the site does not guarantee site usage, functionality,
or availability of anything pertaining to this site, nor does it exclude you
from any of the site Terms of Service. Donations are nonrefundable. Membership
may be removed and/or partial or full access to this site may be denied to you
at any time for no reason or any reason at all.
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No Liabilities for This Site
Oscarfish.com is an interactive community where registered
members may exchange various types of information (articles, posts, threads,
photographs, private messages, emails, etc.), collectively known as a
Communication. The creator of each Communication is solely responsible for the
content of his or her Communication, and we cannot and do not vouch for or
warrant the accuracy, completeness, or usefulness of any Communication posted on
the site (outside of his own). Each post expresses the views of the creator
alone and not of the Webmaster, administrators, moderators, advice team members,
any other users, or any other entity. As such, anyone other than the original
creator of a given Communication cannot and will not be liable for the
information contained therein. We will not be liable for any delay, difficulty
in use, inaccuracy or incompleteness of information, computer viruses, malicious
code, loss of data, compatibility issues, or otherwise. We will not be liable
for such potential issues or events even if we have been notified of such
potential issues or events existing. We are not liable for any direct, indirect,
incidental, consequential, or punitive damages arising out of your access to
this site, or any other link we provide to another site. You accept full
responsibility and understand that you are using this site at your own
risk.
Copyrights, Licensing, and Use of Published
Materials
nformation you submit through this
site or otherwise, will become and remain the property of this site. You agree
that we are free to use, for any purpose, any images, ideas, concepts,
expertise, or techniques contained in the information you provide for any
purpose whatsoever. As such, we may edit, alter, or otherwise change any
Communication you have created via this site for any reason or no reason at all.
nformation you submit through this site or otherwise, will become and remain the
property of this site. You agree that we are free to use, for any purpose, any
images, ideas, concepts, expertise, or techniques contained in the information
you provide for any purpose whatsoever. As such, we may edit, alter, or
otherwise change any Communication you have created via this site for any reason
or no reason at all. You are hereby granted a nonexclusive, nontransferable,
limited license to view and use information retrieved from this site provided
solely for your personal information, education, and non-commercial use, and
provided you do not remove or obscure the copyright notice or other notices.
Except as expressly provided above, no part of this site, including but not
limited to materials retrieved from and the underlying code, may be reproduced,
republished, copied, transmitted, or distributed in any form or by any means. In
no event shall materials from this site be stored in any information storage and
retrieval system without prior written permission from
us.
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Legal Recourse
The laws of the State of Maryland govern this Agreement, without
regard to conflict of law principals, your access to and use of this site and
the Terms of this Online Service Agreement. You submit to the exclusive
jurisdiction of the courts in the State of Maryland and waive any jurisdictional
venue or inconvenient forum objections to such court. Before seeking legal
recourse for any harm you believe you have suffered as a result from this site,
you agree to give written notice to the owner of the site that specifies this
harm and allow for a term of 30 days the opportunity to cure such harm after
notice is received. If you believe that you have been irreparably harmed by this
site, you agree to give notice and allow for a term of 30 day after the receipt
of such notice to cure any such harm before initiating any action. You must
initiate any cause of action within one (1) year after the claim has arisen, or
you will be barred from pursuing any cause of action
Integration and Severability
In the event that we fail to enforce any of our rights under this
Agreement, or applicable laws, it shall not constitute a waiver of such right or
any other right(s). This Agreement, and its subordinate agreements (Website
Privacy Policy and Forum Rules & Regulations) constitute the entire
agreement between you and us pertaining to this site. court, or other tribunal
of competent jurisdiction, may hold that a provision of this Agreement is
unlawful, void, or for any reason unenforceable. In that event, the provision
will be deemed severable from this Agreement and not affect the validity or
enforceability of the remaining provisions. We will replace the unenforceable
provision by an enforceable provision that comes closest to the intention of the
underlying unenforceable provision.
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