Terms & Conditions

Thank you for using our Where’s The Fish information platform (the “Services”). The Services are provided by Where’s The Fish, supported by the Gallifrey Foundation, located in Geneva, Switzerland.

By accessing or using any features of our website http://www.wheres-the-fish.org/ (the “Site”), you agree to be bound by these terms and conditions of use (“Terms and Conditions”).

Please read these Terms and Conditions carefully as they set out the legally binding terms with respect to your use of our Services, through the Site. If you are unwilling to be bound by these Terms and Conditions, you should not access or use the Site. We reserve the right to modify the Terms and Conditions at any time without prior notice.

OUR SERVICES:

Our Services provide you with information and links to take action on your own such as signing letters or petitions.

USING OUR SERVICES:

The Services are solely for advocacy, scientific and academic non-commercial use.
Where’s The Fish makes no representations that the Site, the content of the Site (the “Content”) or the Services are appropriate in all countries. Access to the Content may not be legal by certain persons or in certain countries. Your access to the Site and your use of the Services are at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Any user who uses the Site for improper purposes will have his/her access terminated, and, in appropriate circumstances, will be reported to appropriate law enforcement authorities.

Content and features are subject to change or termination without notice in the editorial discretion of Where’s The Fish. Where’s The Fish reserves the right to reject or terminate any user access or Services at any time.

Users are free to terminate the Services at any time. If you need assistance in deactivating your account, please contact us at info@wheres-the-fish.org.

INTELLECTUAL PROPERTY:

The Content, including without limitation, the software, the text, site design, logos, graphics, trademarks, service marks icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Where’s The Fish, its collaborators or its licensors, and are protected by applicable copyright laws.

Unless otherwise stated, the Content may not be used without the express written consent of Where’s The Fish. The reproduction, modification, distribution, transmission, republication, display or performance of any content of this Site is strictly prohibited.

Permission is granted to electronically display and electronically copy and to print hard copy portions of public areas of the Site for your own non-commercial use.

FRAMES:

Where’s The Fish prohibits:

the framing of any materials available through the Site without express written permission, and
“deep linking” to pages of the Site other than the home page without express written permission. Where’s The Fish reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to this Site.

LINKS TO THIRD PARTY:

The Site may provide links to websites operated by affiliates of Where’s The Fish or third parties. Where’s The Fish makes no representations whatsoever about any affiliate or third-party websites that you may access through the Site. Where’s The Fish is neither responsible for the proprietor of these websites nor for their privacy practices, terms and conditions nor content.

DISCLAIMER OF WARRANTIES:

We work hard to make the Site and our Services useful, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using our Site and Services for any purpose.

YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Because of the number of possible sources of information available through the services, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, inaccuracies, loss of data, or other problems with such information. If you rely on this service or any material available through this service, you do so at your own risk.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORD. You are responsible for all your use of the Site and for the security of your login identification, your password and any security lock code that you use to access your account and the data.

THIS SERVICES ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. WHERE’S THE FISH and its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currency, non-infringement, merchantability or fitness for a particular purpose of the information available through the Services. Nor do Where’s The Fish and its affiliates, agents and licensors guarantee that the Services will be error-free or continuously available or that the Services will be free of viruses or other harmful components.

LIMITATION OF LIABILITY:

In no event shall Where’s The Fish, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors, or content providers be liable for any direct, indirect, special (including loss of revenue or income, pain and suffering, emotional distress, or similar damages), incidental, punitive, or consequential damages arising out of or related to the use, inability to use, authorized use, performance, or non-performance of the Site or of the Services, even if Where’s The Fish was previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, under statute, in equity, at law, or otherwise.

You understand that you are solely responsible for any damage to your computer system or loss of data that results from any material and/or data downloaded from or otherwise provided by Where’s The Fish through the Site.

Because some jurisdictions do not allow the exclusion or limitation of liability or of certain categories of damages, the above limitations may not apply to you.

In such jurisdictions, the liability of Where’s The Fish, and its affiliates, agents and licensors is limited to the fullest extent permitted by such law. You agree that the liability of Where’s The Fish, and its affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way connected to the Services shall not exceed the amount you paid for the use of the Services.

Where’s The Fish cannot be held responsible for the accuracy of information that you or third parties provide to us or input into or through the Site. You are responsible for providing accurate data related to the Site.

Law enforcement agencies may be given property and contact information where requested (see our Privacy Policy). Where’s The Fish does not control such agencies and is not responsible for their use or protection of the data provided to them.

IDEMNITY:

You agree to defend, indemnify, and hold Where’s The Fish, and its respective officers, directors, employees, agents, affiliates, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

SURVIVAL OF PROVISIONS:

The provisions of these Terms and Conditions survive the expiration or termination of the Services for any reason whatsoever, for example if you, as user, deactivate your account.

SEVERABILITY:

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

NO WAIVER:

The failure of Where’s The Fish to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

INJUNCTIVE RELIEF:

In the event of a breach or threatened breach of these Terms and Conditions, or other circumstances which threaten to cause or are causing irreparable harm, Where’s The Fish shall have the right to seek injunctive relief in any court of competent jurisdiction.

ENTIRE AGREEMENT:

Except as expressly provided in a particular written “legal notice” or further agreement on the Site, these Terms and Conditions, including the Privacy Policy, constitute the entire agreement between you and Where’s The Fish with respect to the use of the Site, the Content and the Services.

NO THIRD-PARTY BENEFICIARIES:

You agree that, except as otherwise expressly provided in the Terms and Conditions, there shall be no third-party beneficiaries to the Terms and Conditions.

LANGUAGE:

In the event of any conflict between different versions of the Terms and Conditions or of the Site, the English version shall prevail.

STATUTE OF LIMITATIONS:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

CHOICE OF LAW AND FORUM:

The Terms and Conditions and the relationship between you and Where’s The Fish shall be governed by Swiss law without regard to its conflict of law provisions. You and Where’s The Fish agree to submit to the personal and exclusive jurisdiction of the ordinary courts of the Canton of Geneva, without prejudice to the possibility of recourse to the Federal Supreme Court in Lausanne.

CONTACT:

If you have any questions about these Terms and Conditions please contact us at info@wheres-the-fish.org.

Effective Date of these Terms and Conditions: