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Terms and Conditions:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. By accessing, browsing, and using this site, you acknowledge that you have read, understood, and agree to comply with the terms and conditions. If you do not agree to these terms and conditions, please do not use this site.
Copyright:
The individual contents of this site, such as text, graphics, photographs, software or other materials ("Content") are protected by United States and foreign copyright laws and treaties, and the entire Content is protected as a collective work or compilation under such copyright laws and treaties. All rights to the Content are owned exclusively by AquaFly Inc., except for certain materials included in the Content by license to AquaFly Inc. Unauthorized use of the Content will violate copyright, trademark and other intellectual property rights laws.
Use Restriction:
No material included in this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with the prior written consent of AquaFly Inc. Permission is granted to print in hard copy portions of this site for the sole purpose of purchasing AquaFly product. Any other use or modification of the material of this web site is a violation of AquaFly Inc.s copyright and other proprietary rights.
Trademarks:
AquaFly Inc., AquaFly, the AquaFly Bug logo, the AquaFly stylized name design, and the names of other AquaFly products referenced herein are either proprietary trademarks or registered trademarks of AquaFly Inc. The names of other companies and products referred to in this website may be the trademarks of their respective owners. You may not use any of AquaFly Inc.s trademarks or service marks in any manner which creates the impression that such marks belong to or are associated with you or are being used with AquaFly Inc.s consent.
Submissions:
By uploading or submitting any photographs, stories or any other materials to AquaFly, you automatically grant (or warrant that the owner of such materials has expressly granted) to AquaFly a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. None of the submissions shall be subject to any obligation of confidence on the part of AquaFly, and AquaFly shall not be liable for any use or disclosure of any submissions. AquaFly shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions
Disclaimer:
The materials and products in this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, AquaFly Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. AquaFly Inc. does not represent or warrant that the functions contained in this site or its materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes this site available are free of viruses or other harmful components. AquaFly Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above limitation or exclusion may not apply to you.
Limitation of Liability:
Under no circumstances, including, but not limited to, negligence and gross negligence, shall AquaFly Inc. be liable for any direct, incidental, special, consequential, indirect, or punitive damages resulting from the use of, or the inability to use, this site or its materials, even if AquaFly Inc. or an AquaFly Inc. authorized representative has been advised of the possibility of such damages. In no event shall AquaFly Inc.'s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Governing Law:
Any claim relating to, and the use of, this site and the materials contained herein is governed by the laws of the State of California. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of AquaFly products) shall be in the state or federal courts located in the County of San Francisco.
Amendments:
AquaFly Inc. may at any time amend these terms and conditions. Your continued use of this site is conditioned on the terms and conditions stated at the time of your use. You should visit this page prior to using this site to determine the current terms and conditions to which you are bound.
Transmission of Information:
You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not, without the express written consent of AquaFly Inc., distribute or otherwise publish on this site any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests to join or become members of any commercial online service or other organization is expressly prohibited.
At its sole discretion, AquaFly Inc. reserves the right to block, edit or remove content created by users accessing this site that may be considered obscene, abusive, offensive, fraudulent, deceptive, in violation of any law or property rights or otherwise unacceptable.
Indemnification:
You agree to indemnify, defend, and hold harmless AquaFly Inc., its officers, directors, employees, agents, licensors and suppliers from and against any and all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent, fraudulent or wrongful conduct) by you or any other person accessing this site using your internet account.
Term and Termination:
These terms and conditions are applicable to you upon your accessing this site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by AquaFly Inc. without notice at any time for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Governing Law, shall survive any termination.
Third Party Links:
AquaFly Inc. may elect to include in this site links to other third-party web sites. You accept that these third-party web sites operate independently of AquaFly Inc., and that AquaFly Inc. has no responsibility or liability to you for the data collection practices, privacy practices, content, policies or business practices of these third-party web sites. Links provided to third-party web sites are provided for your convenience, and you accept that you access third-party web sites entirely at your own risk.
Entire Agreement:
Except as provided herein, these terms and conditions are the entire agreement between you and AquaFly Inc. and supersedes any prior understandings or agreements (written or oral).
Copyright © 2003, AquaFly Inc. ALL RIGHTS RESERVED.
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