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Terms & Conditions

Last update: 30.10.2009

1. Introduction

The following terms and conditions and the terms of the Privacy Policy referred to in the 'Privacy' section below govern your use of the Fishbowl website at [www.inafishbowl.co.uk] (the "Website") made available by In a Fishbowl Ltd and the services (the "Services") provided via the Website by In a Fishbowl Ltd [[(registered number: 07067291) whose registered office is at 13-15 Regent Street, Nottingham, NG1 5BS ("we", "us" and "our"). By using the Website in any way, you fully acknowledge and agree to the following terms and conditions and the terms of the Privacy Policy referred to in the 'Privacy' section below (together the "Terms").  You and we hereby acknowledges and agrees that the Terms are the only terms and conditions (to the entire exclusion of any other terms and conditions) upon which we are prepared to afford you access to and to allow you to use the Website. If you disagree with the Terms in general or in part, you must not use the Website.

2. Acceptance of the Terms

By your use of the Website or any of the Services, you accept the Terms in their entirety and you also confirm that you acknowledge and agree that we consider your acceptance of the Terms as valid from that point onwards.

You must not use the Website or any of the Services if (a) you are not legally allowed to enter into a legally binding contract, or (b) you are either barred or otherwise legally prohibited from receiving or using the Website and/or the Services under the laws of the country in which you are resident or from which you access or use the Website and/or the Services.

We reserve the right to make changes to the Terms whenever it is considered necessary without any prior notice to you. You are therefore obliged to remain continually up-to-date with and aware of the latest version of the Terms, which you will be deemed to have understood and accepted through any use of the Website and/or any of the Services after the date on which the latest version of the Terms has come into effect. We therefore strongly recommend that you check the Terms on a regular basis for changes.

3. Fishbowl account and registration

We offer you access to the information published on the Website free of charge, excluding advertisements. For some Services it is required that you create an account and register with a unique username, password and a valid email address.

You agree that you create only one account per person or organisation, that you have only one active account at the same time and that you keep the account details secure and confidential in order to avoid any breach of security or unauthorised use. In the case you become aware of such a misuse, you must notify us immediately.

You also agree that you are responsible and liable (not only to us but also to other users of the Website and/or Services) for all activities that your account is used for, unless you notify us (at abuse@inafishbowl.co.uk) immediately upon becoming aware of an abuse of your account. You must also immediately report to us any abuse of the Website and/or any of the Services by other users that you are or become aware of at abuse@inafishbowl.co.uk.

We have the right to deactivate or cancel your account if it you do not comply with the Terms or if it appears that your account is subject to abuse, or that the Website and/or any of the Services are subject to abuse by you.

4. Website content and access

We attempt to provide to our users the best possible and most innovative services via the Website. To do this, webpage layout and content might change from time to time without prior notice.

We aim to publish and provide up to date information and content, however we do not have any responsibility to update any such information or content, which may become outdated over time, under any circumstances.

A continuous and/or secure access to the Website and/or Services cannot be ensured us, because the operation of the Website may be interfered with by numerous factors outside of our control.

While we will use its reasonable endeavours to maintain an uninterrupted and error-free service, it cannot guarantee this and it does not give any promises or warranties (whether express or implied) about the availability of the Website and/or the Services, nor are we under any responsibility to give any prior notice of any interruption of or error in the Website and/or Services.

We also reserve the right to withdraw, restrict or suspend access to the Website and/or any of the Services at any time, without prior notice and without being liable for directly or indirectly associated consequences.

5. User contributions and submissions

Upon your creation of an account and registration with a unique username, password and a valid email address, you are able to submit your own contributions to the Website and/or using the Services. You warrant that you have and continue to have all necessary licences, permissions, rights and consents to use the Website and/or Services.

You hereby acknowledge and agree that any contributions submitted by you to the Website and/or using the Services must not be defamatory or in any other way illegal (in the country of your residence and/or in the UK) or in any other way contrary to the concept and spirit of the Website.

You acknowledge and agree that we are not in any way liable for any content submitted by you or other users of your account to the Website and/or using the Services and, that upon making any such submission, you hereby assign all copyright and other intellectual property rights in such submission to us and hereby waive all moral rights and performing rights of yours and your employees, agents or sub-contractors in such submission, and you shall procure all necessary assignments and waivers from your employees, agents and sub-contractors to enable you to grant such an assignment and give such a waiver. In return, and subject to the 'Copyright and intellectual property' section below, we hereby grant you a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence (with the right to grant sub-licences permitting further sub-licensing through multiple tiers) to use all of the assigned copyright and other intellectual property rights for and/or in connection with your business or other legal purposes, in any media known now or in the future.

You accept sole responsibility for ensuring the legality of your contributions to and use of the Website and/or the Services, and you also warrant that any contribution or other information that you publish or share with other users of the Website and/or Services is your own original creation, not confidential and not copied from any third party sources.

You will indemnify us in full against all losses (including, without limitation, loss of profit, business, contracts, goodwill, reputation, revenue or anticipated savings), damages, costs and expenses (including, without limitation, reasonable legal fees) incurred by it as a result of:  (i) any breach or failure to comply with any of your assignment or waiver obligations above; (ii) any breach of your responsibility to ensure that your contributions to and use of the Website and/or the Services are legal; or (iii) any breach of the above warranty.

You must not submit any contributions to the Website and/or the Services and/or use the Website and/or the Services in any manner that or engage in any other activity or conduct that adversely affects the Fishbowl brand or reputation.  You will indemnify us for all losses (including, without limitation, loss of profit, business, contracts, goodwill, reputation, revenue or anticipated savings), damages, costs and expenses (including, without limitation, reasonable legal fees) incurred by it as a result of any contribution that you submit to the Website and/or the Services, any use of the Website and/or Services by you in any manner or any other activity or conduct that adversely affects the Fishbowl brand or our reputation. We also reserve the right to charge you for any additional costs that arise due to any activity or conduct by you other than in accordance with the Terms that otherwise would not have had occurred.

In the case you have any complaints regarding the content, concept or layout of the Website, you are invited to send you concerns or feedback to feedback@inafishbowl.co.uk, since it is not the aim of the Website, and considered as ineffective, to discuss such issues publicly.

Nothing in the Terms in any way grants you any form of rights or licence in relation to any of our trade marks or (subject to the licence granted above) any intellectual property rights in the Website and/or the Services, and you hereby acknowledge that we retain unfettered and unrestricted ownership of all of our trade marks and (subject to the licence granted above) ownership of all intellectual property rights in the Website and the Services. You are solely responsible and liable for any content that you contribute to or place/publish on the Website and for ensuring the legality of all such content.  Accordingly, although we retain overall editorial control and reserves the right to monitor and verify the content of all content, information and material that is contributed to or placed/published on or shared through the Website we will not be in any way responsible or liable for:  (i) any failure by it to proof any such content, information or material due to the voluminous levels of contributions expected and the consequent impossibility of monitoring all such contributions; or (ii) the illegality of any such content, information or material except to the extent that such illegality directly results from any editing thereof by us. We will be entitled to publish, in any media known now or in the future, any contribution made by you to or content placed/published by you on the Website without seeking your prior consent (which is deemed to have been given by the making of any contribution to or the placing/publishing of any content by you on the Website).

6. General restrictions on the use of the Website

We afford you the ability to access and use the Website and the Services subject to the following conditions:

1. you must not contribute any content to or place/publish any content on the Website or engage in any other activity or conduct that adversely affects the Fishbowl brand or our reputation;
2. you must not use the Website and/or the Services for any fraudulent purpose and/or to access or attempt to access any third party registration details;
3. you agree to not access any other user's submissions or other content made available by us through any technology or means other than the options provided by the Website;
4. you agree to not alter or modify any part of the Website and/or Services;
5. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or other features of the Website that: (i) prevent or restrict use or copying of any other user's submissions or content made available by us; or (ii) enforce limitations on use of the Website or the content accessible on the Website;
6. you agree not to collect or harvest any personal data from other users of the Website and/or Services unless directly approached and authorised to do so by those users;
7. you agree to not use the Website and/or any of the Services for the purpose of directly trading your own products and/or services;
8. you agree that no automated tools or means are applied to fulfil any of your obligations set out in the 'User contributions and submissions' section above; and
9. you agree to not collect any information on the "look and feel" characteristics of the Website, nor distribute  any part(s) thereof that refer also to submissions by other users of the Website and/or Services in any digital form.

7. Liability

We do not accept any responsibility or liability for any defamatory or otherwise illegal content contributed by you to or placed/published by you on the Website and, if you do so contribute or place/publish any actually or (in our reasonable opinion) potentially defamatory or illegal content, we may:  (i) immediately remove such content from the Website; or (ii) remove all content contributed or placed/published by you from the Website and terminate your account and ability to access the Website with immediate effect.

We also do not accept any responsibility or liability for any content on any third party website that is linked to the Website.

Although we are committed to applying a strict policy in order to avoid and prevent abuse and misuse of the Website and the Services, and the contribution or placement/publication of content, information or material that does not fit into the concept or spirit of the Website, we are not responsible or liable for any kind of abuse or misuse thereof and any possible consequences or implications, including (without limitation):

1.  any loss of goodwill, or business or personal reputation;
2. any loss of business or contracts;any loss of revenue, income or profit;
3. any loss of anticipated savings;
4. loss of data;
5. any damage caused by your failure to keep your account details secure and confidential;
6. any damage caused by your failure to print, save or store submissions contributed to or placed/published on the Website or other content maintained or transmitted through the use of the Services; or
7. or any other loss or damage in any form,

to the fullest extent permitted by law.

We accept no liability or responsibility for the impact of any submissions contributed by you to or placed/published by you on the Website or other content maintained or transmitted through your use of the Services on you, your business or otherwise. We can also not take any responsibility for any comments or recommendations from any other contributor to or user of the Website and/or the Services or any of our directly entrusted consultants or the implications thereof, whether in respect of you, your business or otherwise.

We do not necessarily agree with the opinions, advice or recommendations published on the Website by featured businesses or any other contributors to or users of the Website and can, therefore, not accept any liability that derives from any such opinions, advice or recommendations or other content contributed to or placed/published on the Website by anyone other than itself and accordingly, although we are committed to ensuring that any content on the Website is accurate, complete and up to date, we cannot guarantee this.

8. Privacy

We do not sell or rent personal information of yours to third parties for their marketing purposes without your explicit consent.
We have the right to sub-contract and/or outsource part(s) of our activities to third parties in order to cover any increased demand on our capacity. This may require passing information of yours to third parties, however we shall ensure that any such information is treated confidentially and not used in any way to your disadvantage.

You are also required to read our Privacy Policy available on the Website carefully, the terms and conditions of which you agree to by your use of the Website.

9. Copyright and intellectual property

You acknowledge and agree that we are owner of all intellectual property rights in the Website and that, accordingly, you are not allowed to make any copy of, amend, show publicly or otherwise use any content, information or material contributed to or placed/published on the Website for any commercial purpose, either to sell or redistribute it to third parties or otherwise, without our prior written consent. Nonetheless, you are permitted to make a reasonable number of copies for private and non-commercial use to archive or backup content, information or material contributed to or placed/ published on the Website.

In the event you have already saved, copied, distributed or otherwise used content, information or material contributed to or placed/published on the Website, whether intentionally or unintentionally, for any non-private, commercial use, or you disagree with any of the Terms at any time or your account and ability to access the Website is terminated, you must destroy all existing copies thereof in your control or possession.

We will treat any non-observance or infringement by you of its copyright and/or other intellectual property rights in the Website and the Services extremely seriously and, without prejudice to its other rights and remedies, may initiate legal action against you and anyone involved in such non-observance or infringement.

10. Non-competition and exclusivity

We afford you access to the Website and the Services and the ability to use them subject to the following conditions:

1. you do not replicate our business model or strategy, or copy or commercialise any part(s) of the Website for the purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by us, at any time while you continue to access and use the Website and/or the Services and for a period of two year after you cease doing so (regardless of whether this results from the termination of your account and ability to access the Website or otherwise);
2. all content contributed by you to or placed/published by you on the Website is exclusively produced for us and cannot be published or commercialised through other communication channels or media by you (subject to the 'Copyright and intellectual property' section above); and
3. you indemnify us in full against all losses (including, without limitation, loss of profit, business, contracts, goodwill, reputation, revenue or anticipated savings), damages, costs and expenses (including, without limitation, reasonable legal fees) incurred by us as a result of any breach of the above conditions.

11. Termination and breach of the Terms

You may terminate this agreement by stopping your use of the Website and the Services with immediate effect. We have the right to terminate your account and ability to access the Website, whether in the event of any breach by you of any of the Terms or in the absence of any such justification for termination, with no prior notice and with immediate effect.

In the event of any a termination of your account and ability to access the Website by you with immediate effect or by us:   (i) for any breach by you of any of these Terms; or (ii) for any reason set out in the 'Liability' section above, we shall invoice you for any outstanding amounts due and payable for services rendered to you prior to the effective date of termination, if any, and you shall pay such invoice within ten days of your receipt thereof. Upon completed payment of such invoice, neither you nor we shall have any further obligation or liability to the other in respect of such termination per se.

On termination of your account and ability to access the Website, we have the right to immediately remove all content contributed or placed/published by you from the Website with immediate effect.

12. General

 Any changes to the Terms that affect or constrain your obligations under the Terms considerably or materially, including (for example and without limitation, the right for us to charge fees for any Service other than as set out in the Terms or otherwise agreed in writing between you and us) are subject to your prior agreement.

If any provision of the Terms is or becomes invalid or unenforceable, this does not affect the validity of the remaining provisions and, if any invalid or unenforceable provision of the Terms would be valid or enforceable if some part of it were deleted or otherwise amended, the parties shall negotiate in good faith to amend such provision such that, as amended, it is valid and enforceable, and, to the greatest extent possible, achieves the parties' original commercial intention or, in the absence of any such negotiation or where any such negotiation fails to achieve agreement between the parties in relation to the required amendment(s), the provision shall apply with the minimum modification necessary to make it valid and enforceable.

Section headings are for reference purposes only and do not limit the scope or extent of such section.

Our failure to act with respect to any breach by you of the Terms does not waive our right to act with respect to subsequent identical or similar breaches or any other breaches of the Terms by you. We do not guarantee that we will take action against all breaches of the Terms by you.

The laws of England and Wales govern the Terms and the parties hereby submit to the non-exclusive jurisdiction of the English courts.

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