Josh Saul is a technology consultant for large global banks. He has been involved in the aquarium hobby for 15 years and has been SCUBA diving for more than 20.
1. Collection of Personal Information from Site Visitors
Except as specifically set forth herein, Reefs.com may collect or track (a) the home server domain names, date and time of your visit, type of computer, the originating IP address, files downloaded, search engine used, operating system, and type of Web browser of visitors to the Site; (b) the e-mail addresses of visitors that communicate with Reefs.com via e-mail; (c) information knowingly provided by the visitor in online forms, registration or membership forms, contest entries, surveys, e-mail, and other online avenues (including, without limitation, demographic and personal profile data); (d) aggregate and user-specific information regarding which pages a user accesses; and (e) financial information provided by a user, including credit card number and billing address, retained by our payments processing dealer only in order to process credit card payments to Reefs.com. Specifically, and in order to register as a Reefs.com Vendor and/or to access certain features of the Site, you may be required to provide additional personal information about you and your company such as your name, address and other relevant personal information in your registration profile in order to obtain registration and/or to provide goods and/or services. In order to utilize some features of the Site, users may have to pay a fee, and thus additional financial information will be required at the time of purchase. Reefs.com may collect the tax identification number, credit information, billing address and other information from any Vendor to participate in certain programs and features of the Site, such as the Vendor . If you do not wish to provide such information to the Site, you will be unable to register and/or to provide or obtain products or services from the Site. If you do not wish to provide such information to the Site, you will be unable to register and/or provide or obtain products or services in connection with the Site.
Reefs.com may place Internet cookies on your hard drive. Internet cookies are small amounts of data that contain a unique identifier that many web sites frequently send to your web browser to be stored on your computers hard drive in order to save data about you, such as your name, password, user-name, screen preferences, and the pages of a site you have viewed. When you revisit the Site, Reefs.com may recognize you by your Internet cookies and customize your experience accordingly. You may decline Internet cookies by using the appropriate feature of your Web browser software, if available.
Reefs.com may also use Web bugs to gather, store, and track certain information related to your visit to and activity on the Site. A Web bug is a file object, which can be a graphic image such as a transparent one pixel-by-one pixel graphics file, which is placed on a Web page or in an e-mail message to monitor user activity. A Web bug can gather, for example, the IP address of your computer, the time the Web page was viewed, and the type of browser used.
When a visitor performs a search within the Site, Reefs.com may record information identifying the visitor or linking the visitor to the search performed and recording information related to the search request.
2. Use of Personal Information Collected
Personal information collected by Reefs.com may be used by Reefs.com for many reasons, for example, for recordkeeping, editorial and feedback purposes, marketing and promotional purposes, statistical analysis of users behavior, product development, content improvement, or to customize the content and layout of the Site. Aggregate data on visitors home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to Reefs.com may be added to Reefs.com databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events.
As a benefit to registered users, including Vendors, Reefs.com may include a users name and relevant personal information in his or her profile. If you are or become registered on the Site, you agree that your name and certain registration information provided to Reefs.com may be made publicly available on the Site through your profile. You have the right to specify whether certain other personal information in your profile is publicly available or not. From time to time, we may need to contact you for registration-related activities (e.g., renewal notices, etc.). You agree that we may use your personal information for such membership-related contacts with you. We may also desire to contact you for market research purposes or to provide you with marketing information we think would be of particular interest. You will have the option of not being contacted by Reefs.com and opting-out of such contacts by setting the appropriate option in your profile.
Without limiting the foregoing, Reefs.com reserves the right to monitor all communications posted to the Site, including through its Reefer Ratings and Private Messages features and other general areas of the Site. Such voluntary information posted by you may be collected and used by Reefs.com in accordance with this Privacy Statement.
3. Disclosure of Personal Information to Third Parties
Personal information provided through the Site, including the sharing of certain information with and from Vendors may be used and disclosed other entities and/or business partners in the operation of the Site, in order to provide products and services requested and for marketing and promotional purposes. Without limiting the foregoing, financial information may be maintained and housed by our payments processing center dealer, PayPal, for the purpose of processing payments and conducting related transactions. Aggregate data on users home servers and individually identifying information, such as names, postal and e-mail addresses and phone numbers, may be provided to third parties such as marketing firms. Any personal information provided by you on the Reefer Ratings and Private Messages features, or other general areas of the Site, may be read by Reefs.com and/or other users, and could potentially be used by such third parties.
Identifiable and non-identifiable visitor information and data may be disclosed or distributed to another party with which Reefs.com enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by Reefs.com in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of Reefs.com or any other person or entity.
While Reefs.com may undertake efforts to see that any third party to which Reefs.com shares, rents, sells, or otherwise discloses personal information is under a contractual obligation to use the personal information solely for the purposes for which the information was disclosed, such third parties are independent third parties over which Reefs.com exercises no control. Reefs.com is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties.
Reefs.com has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to personal information. Despite Reefs.com efforts to protect your personal information, the confidentiality of any communication or material transmitted to or from Reefs.com via this Site or via e-mail cannot be and is not guaranteed. You acknowledge that the technical processing and transmission of the Site content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, Reefs.com is not responsible for the security of information transmitted via the Internet. Instead of communicating with Reefs.com via e-mail or the Internet, visitors can contact Reefs.com by regular mail at 808 Broadway 3D, NY, NY 10003, or by phone at ( 646 )334-1271.
In addition, to protect your personal information, never share your password with anyone, and if you feel that your password has been discovered, you should change it immediately by logging on to the Site and accessing your profile to change your password or by contacting us at email@example.com.
5. Links to Other Sites and Financial Information
6. Opt-Out Right
Except as necessary to obtain the products, services, or information requested, you may opt out of having your personal information, which has been voluntarily provided to Reefs.com through online forms, membership or registration forms and profiles or the Reefer Ratings or Private Messages features, contest entries, surveys, e-mail, or another online avenues, prospectively retained by Reefs.com, used by Reefs.com for secondary purposes, or disclosed by Reefs.com to third parties, by contacting Reefs.com via postal mail, e-mail, or telephone at the addresses set out above. This provision does not apply to collection of the type of Web browser of the visitor to the Site or to information provided or collected that does not meet the description in this Section 6.
7. Comments, Notices and User Content
Any materials or comments, including profiles, posted to any of our Web pages are public. Please refer to Section 6 of the Terms and Conditions for further detail concerning User Content and other materials submitted to the Site. As such, Reefs.com assumes no liability for the accuracy of such information, no duty to update or correct such information, and no liability for such communications arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
8. Privacy of Children
The Site is not intended for children under the age of 13. It does not knowingly collect personal information online from visitors in this age group. All users must be at least 18 years of age in order to use the Site and to provide information to the Site.
9. Access to and Ability to Correct Personal Information
Upon your request via postal mail, e-mail, or telephone, Reefs.com will provide you with a summary of any personal information retained by Reefs.com that has been voluntarily provided by you to Reefs.com through online forms, registration forms, contest entries, surveys, e-mail, or another online avenue. You may modify, correct, change or update your personal information by contacting Reefs.com via postal mail, e-mail, or telephone at the addresses or numbers above.
10. Right to Change Privacy Statement
Reefs.com may change this Privacy Statement at any time. Notice of any new or revised Privacy Statement, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. It is the obligation of users returning to the Site to learn of changes to the Privacy Statement since their last visit. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before the change was made.
11. Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your personal information to third parties for direct marketing purposes, including a description of the categories of personal information disclosed. In order to obtain such information, please email your request to [firstname.lastname@example.org] or write us at the address above.
Dated: Jan 30th 2011
Copyright Reefs.com 2016; All rights reserved.
The information contained in http://www.reefs.com is for general information purposes only. The information is provided by http://www.reefs.com and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to http://www.reefs.com or the information, products, services, or related graphics contained on http://www.reefs.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of http://www.reefs.com.
Through http://www.reefs.com you are able to link to other websites which are not under the control of http://www.reefs.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep http://www.reefs.com up and running smoothly. However, http://www.reefs.com takes no responsibility for, and will not be liable for, http://www.reefs.com being temporarily unavailable due to technical issues beyond our control.
1. Registration. In order to access any content, services, products or benefits on the Site, or to independently advertise and sell products on the Site (a “Vendor”), you will be asked to register and create an account. As part of the registration process, you must click to agree to these Terms, which incorporate by reference the Forum Rules, and will then be asked to select a user name and password. You may be required to provide Reefs with certain information about yourself including some types of personally identifying information such as your email and your location. You are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us at [email@example.com].
2. Vendor Services. As set forth in Section 7, your interaction with any registered users, Vendors, individuals, organizations, entities or other third parties found on or through the Site, including payment and delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings, is solely between you and such individual or organization. Vendors are individuals who may sell items at a markup, are importing livestock or drygoods under a commercial license, or have a dedicated store open to the public. Registered Vendors obtain access to post offers, prices and stock lists in their own personal forum on the Site. Vendors are not employees, agents, independent contractors, subcontractors, consultants or involved in any employment relationship with Reefs, nor is Reefs an agent of any Vendor. Reefs does not endorse or recommend the products or services of a particular Vendor and Reefs makes no guarantees, warranties or representations regarding any Vendor located on the Site or the quality of the products provided by a Vendor. Reefs may reject any Vendor application for any reason whatsoever, or for no reason. Reefs is in no way responsible for any products or services requested by you through the Site, or from a Vendor whose information was obtained through the Site. Any agreement entered into between you and a Vendor is independent of Reefs and the terms and rights of such agreement is your sole responsibility. Should you have a dispute with a Vendor, you must address such dispute with that specific Vendor and any resolution is independent of Reefs and the Site. It is your individual responsibility to make any investigation that you feel may be necessary or appropriate before entering into any online or offline transaction with a Vendor, a registered user of the Site, or any third party. Vendors and users of the Site may use the online feedback system, “Reefer Ratings” and the Private Messages in order to make purchases and to settle any disputes where needed. For the convenience of its users, Reefs may provide moderators on the Site in order to assist with a dispute or Site-related issues between any Vendors and users of the Site, Reefs is not responsible for, and expressly disclaims any liability for assisting Vendors or users of the Site with regard to such disputes.
As a Vendor on the Site, in addition to the other restrictions set forth herein, including Section 4 and Section 5, you agree that you will not:
(a) post content or items in an inappropriate or unsolicited category or area on the Site, including posting competing prices or making price offers in member posts not looking for pricing information;
(b) use the Site if you are not able to contract, are under the age of 18, or are suspended from the Site; (c) post negative comments about any other Vendor or the Reefs community at large, “bump” posts or take any action that could undermine the Reefer Ratings and the Private Messages systems;
(d) purchase or sell “difficult to keep” livestock to new hobbyists or diseased, sick, dying, bleached or dyed livestock;
(e) sell livestock to a customer whose tank has not been properly cycled; or
(f) buy or sell endangered species or any goods or animals that are illegal to own or purchase in the United States.
Vendors may offer a discount to any registered members of the Site, at an amount to be determined at the Vendor’s discretion. A Vendor must advise its customers of the proper conditions required for any piece of livestock it sells and of any poisonous livestock, or dangerous items it offers for sale. Vendors must properly dispose of any livestock to prevent invasive species affecting the local nature environment. All items must be listed in the Vendor forums. Reefs may suspend or terminate a Vendor’s account and/or a Vendor’s ability to use any services on the Site for failure to comply with these Terms, for providing Reefs with untrue or inaccurate information about yourself, for infringement upon Reefs proprietary rights, or for any other reason whatsoever or for no reason.
3. Proprietary Rights. As between any user and Reefs, Reefs owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and Reefs, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to Reefs or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms.
4. Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Reefs; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other user of the Site who has requested not to be contacted; (e) stalking or harassing anyone; (f) posting non-local or otherwise irrelevant User Content (as defined below) or otherwise impose an unreasonable or excessively great amount of User Content on the Site; or (g) attempting to gain unauthorized access to Reefs’ computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site. You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any purpose without prior written approval from Reefs. You may not frame, capture, harvest, collect, or create hypertext or other links or connections to any part of the Site or Site Materials without Reefs’ prior written consent. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to Reefs and that in the event of such unauthorized use, Reefs shall be entitled to an injunction in addition to any other remedies available at law or in equity.
5. Materials Submitted to the Site. The Site allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other users to the Site (“User Content”). Failure to comply with these Terms, including the Forum Rules, may result in immediate removal of any User Content. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
Upon your submission of User Content or other material or information to Reefs, you grant Reefs a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. Reefs may refuse to post or remove User Content from the Site that violates any of the warranties provided in the preceding paragraph or for any reason. Reefs shall not be responsible for changes, modifications, or removal of any User Content that you submit to the Site. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
7. Third Party Web Sites and Content. The Site is available for informational purposes only. As set forth in Section 2 and Section 5, parties other than Reefs may provide products, services or content on the Site, including the transactional services of PayPal. Additionally, the Site contains links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest, such as links to the web sites of Vendors. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. Reefs does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. Reefs does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
8. Privacy Statement. Any personal information that you provide to Reefs on the Site is subject to our Privacy Statement. For more information, click here to view the Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to Reefs via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact Reefs by regular mail at 808 Broadway 3D, NY, NY 10003, or by phone at (646) 334-1271.
9. Disclaimer. Reefs, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Material, User Content, links, advertisements or other items contained within the Site. Reefs reserves the right to immediately remove any Site Material or User Content for any reason or for no reason. Reefs cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Material, the Site or the products or services made available in connection with the Site, including registration information or profile information for a registered user or a Vendor, or information posted to the Reefer Ratings or Private Messages features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Material or User Content and that you may not rely on such Site Material or User Content.
THE SITE, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
REEFS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
10. Liability. REEFS AND ITS AFFILIATES, SUBSIDIARIES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR REEFS HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF REEFS AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF REEFS AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel Reefs has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
11. Indemnification. You shall indemnify Reefs and its members, managers, directors, officers, employees, agents, contractors and licensors (“Reefs Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to Reefs), or any breach by you of these Terms and shall indemnify and hold Reefs Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Reefs.
Reefs or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Reefs or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Reefs, subject to the right of Reefs to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
12. Internet Security. Reefs uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Reefs will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Reefs via the Site or the Internet, including, for example, personal information such as your name or address
13. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to Reefs at [firstname.lastname@example.org] a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
14. Changes to these Terms. Reefs reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. Reefs reserves the right to terminate your access to this Site with or without notice in the event that you violate these Terms, for any reason whatsoever or for no reason.
15. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Reefs with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in New York City, New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
16. Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, Reefs makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Reefs to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Dated: January 1st, 2011
Copyright © 2016 Reefs; All rights reserved.