Terms & Conditions
Welcome to the Shrimpery! Before you begin using the Shrimpery website, forums, community messaging services, you must read and agree to the following Shrimpery terms, conditions, policies and forum rules, including any future amendments (collectively, “Terms & Conditions”).
Although we may attempt to notify you when major changes are made to these Terms & Conditions, you should periodically review the most up-to-date version at http://www.shrimpery.com/terms-conditions. Shrimpery may, in its sole discretion, modify or revise these Terms & Conditions at any time, and you agree to be bound by such revisions. If you do not accept and abide by these Terms & Conditions, you may not use Shrimpery. In the event of an inconsistency between the Shrimpery Terms & Conditions and either Shrimpery's forum or community rules, the Shrimpery Terms & Conditions shall control. Nothing in these Terms & Conditions shall be deemed to confer any third-party rights or benefits.
1. Description of Service. Shrimpery is an online community where users post information, ask and answer questions on a variety of topics. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that Shrimpery is provided to you on an AS IS and AS AVAILABLE basis. Shrimpery disclaims all responsibility and liability for the availability, timeliness, security or reliability of Shrimpery or content within Shrimpery. Shrimpery also reserves the right to modify, suspend or discontinue Shrimpery with or without notice at any time and without any liability to you.
You must be at least thirteen (13) years of age to use Shrimpery. Shrimpery reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your own use of Shrimpery , for any posts you make, and for any consequences thereof. You agree that you will use Shrimpery in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
You agree to abide by the Shrimpery Posting Guidelines and the rules and restrictions therein. Shrimpery may, in its sole discretion, modify or revise the Shrimpery Posting Guidelines at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, including the Shrimpery Posting Guidelines, may result in immediate termination of these Terms & Conditions, and may subject you to state and federal penalties and other legal consequences. Shrimpery reserves the right, but shall have no obligation, to investigate your use of Shrimpery in order to (a) determine whether a violation of the Terms & Conditions has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Much of the content of Shrimpery -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings. Shrimpery does not actively monitor the content of Shrimpery, and takes no responsibility for such content. Instead, Shrimpery merely provides access to such content as a service to you.
As the Shrimpery carries user-generated content that are not monitored, Shrimpery may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Shrimpery.
Shrimpery does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via Shrimpery or endorse any opinions expressed via Shrimpery. You acknowledge that any reliance on material posted via Shrimpery will be at your own risk.
Participants in Shrimpery only have moderation privileges when logged into an account with such privileges. It is within Shrimpery's sole discretion to grant users moderation privileges. Such individuals may not perform moderation functions when utilizing other accounts, and in no instance is Shrimpery responsible for the activities of these users.
4. General Practices Regarding Use and Storage. You agree that Shrimpery has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by Shrimpery. Shrimpery retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
5. Content of Shrimpery. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, other images, or profile information) which you may have access to as part of, or through your use of, Shrimpery are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". Shrimpery takes no responsibility for third-party Content (including, without limitation, any viruses or other disabling features), nor does Shrimpery have any obligation to monitor such third-party Content. Shrimpery reserves the right at all times to remove or refuse to distribute any Content on Shrimpery, such as Content which violates the terms of these Terms & Conditions. Shrimpery also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms & Conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Shrimpery, its users and the public. Shrimpery will not be responsible or liable for the exercise or non-exercise of its rights under these Terms & Conditions.
6. Intellectual Property Rights.
Shrimpery's Intellectual Property Rights. You acknowledge that Shrimpery owns all right, title and interest in and to Shrimpery, including all intellectual property rights (the "Shrimpery Rights"). Shrimpery Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from Shrimpery. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any Content from Shrimpery. As described immediately below, Shrimpery Rights do not include third-party Content used as part of Shrimpery, including the Content appearing on Shrimpery.
Your Intellectual Property Rights. Shrimpery claims no ownership or control over any Content submitted, posted or displayed by you on or through Shrimpery. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Shrimpery services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Shrimpery services which are intended to be available to the members of the public, you grant Shrimpery a worldwide, non-exclusive, royalty-free license to reproduce, publish, modify, and distribute such Content on Shrimpery products and services for the purpose of displaying and distributing Shrimpery products and services. Shrimpery furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted by you.
7. No Resale of the Service. Unless expressly authorized in writing by Shrimpery, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of Shrimpery, (b) use Shrimpery, or (c) access to Shrimpery .
8. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Shrimpery to participate in Shrimpery is correct and current; and (b) you have all necessary right, power and authority to enter into these Terms & Conditions and to perform the acts required of you hereunder.
9. Termination; Suspension. Shrimpery may, in its sole discretion, at any time and for any reason, terminate Shrimpery, terminate these Terms & Conditions, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 7, and 9 - 13 of the Terms & Conditions shall survive expiration or termination.
10. Indemnification. You agree to hold harmless and indemnify Shrimpery, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of Shrimpery, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Shrimpery will provide you with written notice of such claim, suit or action.
11. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on Shrimpery, please contact us at admin[at]shrimpery.com.
Please be advised that if you materially misrepresent that any material is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred as a result of such allegations under 17 U.S.C. §512(f).
12. Notices. You agree that Shrimpery may provide you with notices, including those regarding changes to the Terms & Conditions, by email, regular mail, or postings on Shrimpery services.
13. Third Party Sites. Sometimes when you use Shrimpery, you may access (as a result of, or through your use of Shrimpery a third party web site or service. Your use of these web sites or services may be subject to separate terms between you and the company or person concerned. If so, these Terms & Conditions does not affect your legal relationship with these other companies or individuals, but your activities with third parties on Shrimpery must still comply with these Terms & Conditions. Shrimpery is in no way responsible for the third party web site or the service, and its associated content, and does not endorse any content available through the third party web site or service.