FishFigure Ltd App Terms and Conditions
Welcome to our application (the “App”). This App is published by or on behalf of FishFigure Ltd (“FishFigure Ltd” or “We” or “Us”) a company registered in Scotland under company number SC460551 whose registered office at 140 Balgreen Road, Edinburgh, EH12 5XQ, United Kingdom
GENERAL RULES RELATING TO CONDUCT
The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to: Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify FishFigure Ltd and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to FishFigure Ltd or its group companies. All rights are reserved.
FishFigure Ltd does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the FishFigure Ltd. by displaying or publishing (“posting”) any Content on or through the FishFigure Ltd, you hereby grant to FishFigure Ltd a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly (“private”) will not be distributed outside the FishFigure Ltd .
Some of the FishFigure Ltd are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that FishFigure Ltd may place such advertising and promotions on the FishFigure Ltd or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You represent and warrant that: (i) you own the Content posted by you on or through the FishFigure Ltd or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the FishFigure Ltd does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the FishFigure Ltd.
The FishFigure Ltd contains Content of FishFigure Ltd (“FishFigure Ltd Content”). FishFigure Ltd Content is protected by copyright, trademark, patent, trade secret and other laws, and FishFigure Ltd owns and retains all rights in the FishFigure Ltd Content and the FishFigure Ltd. FishFigure Ltd hereby grants you a limited, revocable, non sublicensable license to reproduce and display the FishFigure Ltd Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the FishFigure Ltd .
The FishFigure Ltd contains Content of Users and other FishFigure Ltd licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the FishFigure Ltd.
FishFigure Ltd performs technical functions necessary to offer the FishFigure Ltd, including but not limited to transcoding and/or reformatting Content to allow its use throughout the FishFigure Ltd.
You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without FishFigure Ltd express permission.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by FishFigure Ltd or its group companies or third party partners of FishFigure Ltd FishFigure Ltd. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of FishFigure Ltd or the relevant group company or the relevant third party partner of FishFigure Ltd FishFigure Ltd .
LINK TO THIRD PARTIES
The App may contain links to websites operated by third parties (“Third Party Websites“).FishFigure Ltd may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, FishFigure Ltd does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
DISCLAIMER / LIABILITY
Use of the App is at your own risk. The App is provided on an “as is” basis to the maximum extent permitted by law:
FishFigure Ltd disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the app; and
All implied warranties, terms and conditions relating to the app (whether implied by the statute, common law or otherwise) including without limitation any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement or information accuracy.
Interoperability, quiet enjoyment and title are, between the future and you, hereby excluded. In particular, but without prejudice to the foregoing we accept no responsibility for any technical failure of the internet and/or the app; or any damage or injury to users or their equipment as a result of or relating to their use of the app. Your statutory rights are not affected.
FishFigure Ltd will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
If FishFigure Ltd is liable to you directly or indirectly in relation to the app, that liability (howsoever arising) shall be limited to: £50GBP (Fifty Pound Pounds Sterling); or the sums paid by you purchasing the app, or any in app spend, including subscriptions, whoever is the greater.
Nothing in these Terms shall be construed as excluding or limiting the liability of FishFigure Ltd or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
FishFigure Ltd e reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
ADVERTISERS IN THE APP:
We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not FishFigure Ltd, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
If you take part in any competition which is run in or through the App (“Competition”), you agree to be bound by the rules of that competition and any other rules specified by FishFigure Ltd from time to time (“Competition Rules“) and by the decisions of FishFigure, which are final in all matters relating to the Competition. FishFigure Ltd reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
IN-APP VOUCHER CODES:
Any in-app voucher codes issued by FishFigure Ltd may only be used in accordance with our (Link to terms and conditions for in app voucher codes).
These Terms (as amended from time to time) constitute the entire agreement between you and FishFigure Ltd concerning your use of the App.
FishFigure Ltd reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of FishFigure Ltd.
These Terms shall be governed by and construed in accordance with Scots law and you agree to submit to the exclusive jurisdiction of the Scottish Courts. If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect. FishFigure Ltd failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FishFigure Ltd in writing.
Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, FishFigure Ltd and its group of companies.
You can contact FishFigure Ltd at 140 Balgreen Road, Edinburgh, EH12 5XQ, United Kingdom by emailing firstname.lastname@example.org © FishFigure Ltd. Reg No SC460551 Scotland. 140 Balgreen Road, Edinburgh, EH12 5XQ