ACCEPTANCE OF TERMS
rareshrimp.com is provided free of charge.
rareshrimp.com shall not be liable to you for any breach of these Terms. If you do not agree to these Terms, please do not register for or enter rareshrimp.com.
Please check this page before using rareshrimp.com to determine whether a change has been made to these Terms. If you do not agree to these changes in the Terms as they may occur, please arrange to terminate your registration with rareshrimp.com immediately (i) by notifying rareshrimp.com of your unwillingness to accept the changes to the Terms; and (ii) by discontinuing your use of rareshrimp.com. Your continued use of rareshrimp.com will signify your acceptance of any change in the terms and conditions set forth herein.
(a) From time to time rareshrimp.com may supplement these Terms with additional terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on this site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.
(b) By Registering with rareshrimp.com, you acknowledge and agree that rareshrimp.com is NOT to be considered a Credit Repair Organization under any definition nor does rareshrimp.com itself provide credit, counseling, legal or other related services. rareshrimp.com is a consumer discussion board and of itself, provides no services other than internet storage space and forum software.
REGISTRATION INFORMATION / PRIVACY
When you register for rareshrimp.com, you will be required to provide rareshrimp.com with the following information: your e-mail address, member name, and password. In addition, you may choose to provide rareshrimp.com with additional information, including but not limited to: your name, location, and messaging service member names.
Any information provided by you or gathered by rareshrimp.com during any visit to rareshrimp.com shall be subject to the terms of rareshrimp.com’s Privacy, which is incorporated herein by reference.
rareshrimp.com reserves the right to terminate your rareshrimp.com account if we learn that you have provided us with false or misleading registration information.
TERMINATION
rareshrimp.com reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms; and/or (ii) your registration(s) with or ability to access rareshrimp.com and/or any other service provided to you by rareshrimp.com upon any breach by you of the Terms.
MODIFICATIONS OF THESE TERMS
rareshrimp.com may modify these Terms from time to time in its sole discretion. Each time you log on to rareshrimp.com, you will be deemed to have accepted any such changes. In the event we modify these Terms, we reserve the right (at rareshrimp.com’s discretion) to provide you notice of such changes to any e-mail address or post office address you have provided to rareshrimp.com.
MODIFICATIONS OF THE NETWORK
rareshrimp.com may modify or discontinue rareshrimp.com with or without notice to you and without liability to you or any third party.
CONTENT OF MESSAGES
You alone are responsible for the content of your messages and the consequences of any such messages. rareshrimp.com reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms.
rareshrimp.com is to be used by you for your personal use only. Commercial uses of rareshrimp.com are strictly prohibited unless prior written consent from rareshrimp.com has been granted. You agree that you will not use rareshrimp.com for chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use rareshrimp.com to send or post on message boards or any place on rareshrimp.com, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented (unless within the scope of the topic area of a message board as determined by rareshrimp.com in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances.
For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on rareshrimp.com. rareshrimp.com reserves the right to delete any such material from rareshrimp.com. rareshrimp.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms contained in this Section 6.
Political discussion is prohibited at rareshrimp.com, and any new threads deemed (at Management’s discretion) to be political in nature will be immediately closed.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of rareshrimp.com. You further agree not to use an inappropriate user name of any kind.
You agree not to post or use rareshrimp.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i)rareshrimp.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and applicable copyright, trademark, and other laws govern your use of such content.
You may not post to rareshrimp.com, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on rareshrimp.com is not protected by Rights rests with you. You acknowledge that rareshrimp.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any “public area” of rareshrimp.com, including message boards, forums, contests, and chat rooms, you grant rareshrimp.com and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content.
You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on rareshrimp.com retains any and all Rights that may exist in such content.
THIRD-PARTY SERVICES
You may order services or merchandise through rareshrimp.com from other persons not affiliated with rareshrimp.com (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and Seller.
rareshrimp.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider rareshrimp.com nor will rareshrimp.com be construed as a party to such transactions, whether or not rareshrimp.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
rareshrimp.com may include special routing icons which may be located within rareshrimp.com, the activation of which will allow you to access and learn more about rareshrimp.com and other services provided by rareshrimp.com or its affiliates whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
ORDERS AND REFUNDS
rareshrimp.com operates as a preorder marketplace. Orders cannot be adjusted or refunded after the import deadline for each import. This is because once we place the preorder on the deadline, the breeder will prepare, package and begin the import process for the specific quantity and weight of shrimp that was ordered. No changes or cancellations can be accommodated after this point.
REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify rareshrimp.com of any unauthorized use of your registration or password.
NOTIFICATION OF ANY POSSIBLE COPYRIGHT INFRINGEMENT
In the event you believe that material or content published on the rareshrimp.com may infringe on another’s or your copyright, please provide detailed written notice of such possible infringement by sending a detailed e-mail message to admin [at] rareshrimp.com.
DISCLAIMER OF WARRANTIES
You expressly agree that use of rareshrimp.com is at your sole risk. rareshrimp.com is provided on an “as is” and “as available” basis. rareshrimp.com expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
rareshrimp.com makes no warranty that we will meet your requirements, or that the site will be uninterrupted, timely, secure, or error-free; nor does rareshrimp.com make any warranty as to the results that may be obtained from the use of this site. rareshrimp.com will not be liable for any direct, consequential or incidental damages, whether foreseeable or not, which may result from the unavailability or malfunction of rareshrimp.com.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of rareshrimp.com is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You understand and agree that rareshrimp.com does not guarantee the accuracy or completeness of any information in or provided in connection with rareshrimp.com. rareshrimp.com is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that neither rareshrimp.com nor its members, while such members are participating in rareshrimp.com, are engaged in rendering legal, medical, counseling or other professional services or advice. rareshrimp.com encourages you to seek appropriate professional advice or care for any situation or problem which you may have.
rareshrimp.com shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in rareshrimp.com. Your participation in rareshrimp.com is solely at your own risk. No advice or information, whether oral or written, obtained by you from rareshrimp.com or through rareshrimp.com, its employees, consultants and/or experts shall create any warranty not expressly made herein.
rareshrimp.com makes no warranty regarding any goods or services purchased or obtained through rareshrimp.com or any transactions entered into through rareshrimp.com.
rareshrimp.com is not responsible for the content on the internet or worldwide web pages that is contained outside rareshrimp.com site. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against rareshrimp.com with respect to such sites.
By permitting classified and personal advertising, rareshrimp.com makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement.rareshrimp.com specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on rareshrimp.com, you are promising that the content of your advertisement is true and that you will indemnify rareshrimp.com against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on rareshrimp.com, you waive any claims against rareshrimp.com for damages arising from such advertisement or your reliance upon statements in such advertisement.
LIMITATION OF LIABILITY
rareshrimp.com shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use rareshrimp.com or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through rareshrimp.com or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles even if rareshrimp.com has been advised of the possibility of such damages.
PRIVATE MESSAGE STORAGE
rareshrimp.com assumes no responsibility for the deletion of or failure to store private messages.
INDEMNIFICATION
You agree to indemnify and hold each of rareshrimp.com, their parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of rareshrimp.com, the violation of these Terms by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
APPLICABLE LAW
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering rareshrimp.com, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.
REMEDIES FOR BREACH OF THESE TERMS BY YOU
In the event that rareshrimp.com determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the community of rareshrimp.com, rareshrimp.com reserves the right to (i) warn you via e-mail that you have violated these Terms; (ii) delete any content provided by you or your agent(s) to rareshrimp.com; (iii) delete all content provided by you to rareshrimp.com; (iv) discontinue your registration(s) with rareshrimp.com and/or any other rareshrimp.com community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which rareshrimp.com deems to be appropriate.
If your registration(s) with or ability to access rareshrimp.com, any other rareshrimp.com community and/or any other service provided to you by rareshrimp.com is discontinued by rareshrimp.com due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the community of rareshrimp.com, then you agree that you shall not attempt to re-register with or access rareshrimp.com, any other rareshrimp.com community and/or any other service provided by rareshrimp.com, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, rareshrimp.com reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.
MISCELLANEOUS
In the event that any provision of the Terms conflicts with the law under which the Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms or to exercise any right under the Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
rareshrimp.com may assign its rights and obligations under these Terms and upon such assignment rareshrimp.com may be relieved of any further obligation hereunder.
You represent to rareshrimp.com that you have the authority to register with or visit rareshrimp.com according to these Terms. rareshrimp.com does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit rareshrimp.com.
These Terms and any Additional Terms (as such terms shall be identified when posted on rareshrimp.com by rareshrimp.com) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms will, at the election of rareshrimp.com, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms will remain valid and enforceable.
OPTING OUT
You can opt-out at any time from being contacted by us. Go to the contact page and out “ATTN: OPT-OUT” in the subject line. We will remove your information after that point.