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Duh Fish makes available certain information and services on this Web site, www.duhfish.com (the "Site"). Please read these terms carefully before using this Site. Using this Site indicates that you accept and agree to abide by each of the terms set forth below. If you do not accept these terms, do not use this Site. Any rights not expressly granted herein are reserved.
These terms of use may be updated and modified by Duh Fish from time to time without notice to you, so please check back periodically. You can review the most current version of these terms of use at any time by clicking on terms of use links located throughout the Site.
Privacy
We realize the value of privacy, and will therefore only use the information you give us to process your order
and provide a quick service to you both now and in the future. We do not sell mailing lists to other companies,
or divulge any of your personal data. Please be assured that your personal information is secure using Duh Fish.
Use of Site
We authorize you to view the materials at this Site provided that you comply with all terms of use related to such materials and retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. If you breach any of these terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials in your possession.
In using the Site, you agree to provide true, accurate, current and complete information regarding contact information, purchases, and other inquiries. You also agree to maintain and promptly update such information to keep it true, accurate and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if Duh Fish has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Duh Fish has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Duh Fish services (or any portion thereof).
Your use of the Duh Fish Services is voluntary and these Terms of Use shall not be construed as creating an employee/employer, agency, partnership, or joint venture relationship between you and Duh Fish.
Use of Software
If you download software from this Site, use of such software is subject to the applicable license terms accompanying such software. If you download or install any software available on this Site you will be deemed to have accepted the terms of the applicable license.
Account and Password
You warrant that you are at least 18 years of age or older. You may not assign, resell, lease, rent or otherwise transfer your rights to use the Duh Fish Services. You may not modify Duh Fish authentication process to enable non-Users to gain access to the Duh Fish Services. Likewise, the use of one Duh Fish password on multiple computers simultaneously is prohibited.
You are responsible for maintaining the confidentiality of your account number and password. You are responsible for all uses of your account, whether or not authorized by you. Account sharing is expressly prohibited. You agree to immediately notify Duh Fish of any unauthorized use of your account.
Content and Ownership
You agree that the Site and any necessary software used in connection with the Site may contain proprietary and confidential information that may be protected by applicable intellectual property and other laws. You also acknowledge and agree that all content, information, (excluding content or information provided by you), agreements, forms and other documents as well as products and services, trademarks, logos, graphics and images (the "Materials"), provided on this Site are the copyrighted work of Duh Fish and/or its licensors or partners and may also be protected under, trademark, trade secret and/or other intellectual property laws in the United States and around the world.
Duh Fish grants you the limited right to display the Materials only on your computer, and to copy and download the Materials on this Site solely for your internal use, provided that all copyright notices located on the Materials appear in the Materials so displayed, copied or downloaded. You agree not to use the Materials for any other purpose without the prior written consent of Duh Fish. Without limitation, you agree not to reproduce, re-distribute, sell, publish, broadcast or circulate any information contained in the Materials to anyone. You agree not to "frame" or "mirror" any Materials on any other server or Internet-based device without the advance written authorization of Duh Fish or its licensors, respectively. You may not post any content from the Site to news groups, mail lists or electronic bulletin boards. You acknowledge and agree that, except as set forth herein, you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials.
Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of Duh Fish.
Prohibited Activities
The Duh Fish Services may be used only for lawful purposes. Transmission, distribution, or storage of any information, data or other material in violation of any applicable law, regulation, ordinance or other rule imposed by any governmental authority, is prohibited.
Policy on Spam
Duh Fish and our suppliers do not tolerate spam of any type, regardless of content, and do not permit our Users to initiate, transmit or disseminate this type of email using the Duh Fish Services. We reserve the right to take appropriate actions against originators of spam, including terminating the applicable account(s) and suing for damages.
Any User who sends unsolicited advertisements or solicitations, commercial or otherwise, may have its account disabled or suspended, will forfeit any account balances and be disallowed further service in order to prevent further abuse or damage to e-mail systems or otherwise protect Duh Fish interests.
Links To Other Web Sites
Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed all of these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Violations
If we become aware of or suspect any violation in the use of the Duh Fish Services by User, we may, in our sole discretion, initiate an investigation, issue a warning, or take other responsive action. You agree to respond in a timely manner to any complaints.
However, we have a policy of terminating any User of the Duh Fish Services that is a repeat violator and in other appropriate circumstances, and we reserve the right to immediately suspend or disable the provision of the Duh Fish Services to a User for violation of these Terms of Use, in conformance with such policy or otherwise as reasonably necessary to protect Duh Fish interests. Users who have their access to Duh Fish Services disabled due to a violation of these Terms of Use will forfeit any remaining account balance.
We will cooperate with law enforcement and other legal authorities in investigating claims of illegal activity and to report to law enforcement officials any suspected illegal activity.
Nothing contained in these Terms of Use shall be construed to limit the actions we may take or remedies available to us in any way with respect to any prohibited activity or conduct.
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