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User Agreement

User Agreement


Terms of Use




PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS OF USE") CAREFULLY BEFORE ACCESSING
OR PARTICIPATING IN ANY CHATROOM/S, NEWSGROUP/S, BULLETIN BOARD/S, MAILING LIST/S,
WEBSITE/S, TRANSACTION/S, ON-LINE FORUM/S, COURSE, OR SERVICE/S MADE AVAILABLE BY
OR THROUGH THE Fish and Other Aquatic Animal Welfare Dialogue and Conference
("Fish Welfare Dialogue") WEBSITE OR RELATED WEBSITES ("Sites"), AND WEBSITES OF
THE Fish Welfare Dialogue COLLABORATING OR SUPPORTING ORGANIZATIONS,
INSTITUTIONS, AGENCIES OR INDIVIDUALS ("Collaborators") THAT CONTRIBUTE TO THE
Fish Welfare Dialogue. BY USING AND PARTICIPATING IN THE Fish Welfare Dialogue,
YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND AGREE THAT
THE TERMS OF USE CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE Fish Welfare
Dialogue, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF USE.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS THE SITES.
THE Supporters ARE THIRD PARTY BENEFICIARIES OF THE AGREEMENT AND MAY ENFORCE THOSE
PROVISIONS BELOW THAT RELATE TO THE PARTICIPATING Collaborators.




Participants


All individuals that participate in the Fish Welfare Dialogue are required to register
using their correct name and other required information, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations and
warranties herein. By registering or participating in services or functions of the Fish
Welfare Dialogue, you hereby represent that you have the authority to enter into the
terms herein. Those agree to the requirements laid out in the Terms of Use
(this document) and abide by the Honor Code herein. In addition, access to
certain information and areas of the Fish Welfare Dialogue may have additional
eligibility requirements, as specified when entering accessing those areas or
information. If you do not agree to these terms, you may not use the Site.




Right of Modification


We reserve the right to change or modify the Terms of Use at our sole discretion at
any time. Any change or modification to the Terms of Use will be effective immediately
upon posting by us. For any material changes to the Terms, we will take reasonable steps
to notify you of such changes. In all cases, your continued use of the Sites after
publication of such modifications, with or without notification, constitutes binding
acceptance of these modified Terms of Use.




Disclaimer


The Fish Welfare Dialoguemay include forums containing the personal opinions and other
expressions of the persons who post entries on a wide range of topics. Neither the User
Content (as defined below) on these Sites, nor any links to other websites, may be
screened, moderated, approved, reviewed or endorsed by the Fish Welfare Dialogue or
its Collaborators. By posting to or viewing such forums, you agree that the Fish Welfare
Dialogueand any of its Collaborators are not responsible or liable for the content of
any postings therein. The Fish Welfare Dialogueadministrators reserve the right (but
not the obligation) to remove any content from such forums in its discretion.




Rules for Online Conduct


You agree to use the Sites in accordance with all applicable laws. Further, you agree
that you will not use the Site for organized partisan political activities. You further
agree that you will not e-mail or post any of the following content ("Prohibited
Content") anywhere on the Site, or on any other the Fish Welfare DialogueSites or
on-line resources, including:

  • Content that defames, harasses or threatens others

  • Content or material that contains obscene (i.e., pornographic) language or images

  • Unsolicited advertising, promotional materials, or any form of commercial solicitation

  • Content that otherwise harms other users or visitors to the Sites

  • Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities

  • Content that infringes or misappropriates another's intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets

  • Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties

  • Content that is otherwise unlawful or that violates any applicable local, state, national or international law.

  • Content that probes, scans, or tests the vulnerability of any system or network

  • Content that breaches or otherwise circumvents any security measures

  • Content that interferes with or disrupts any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any other user or part of the Sites

  • Content that plants malware or otherwise uses the Sites to distribute malware




Although the Fish Welfare Dialogue may not routinely screen or monitor content posted by
users to the Site, the Fish Welfare Dialogue administrators reserve the right to remove
Prohibited Content of which it becomes aware, but is under no obligation to do so.




Copyrighted material, including without limitation software, graphics, text, photographs,
sound, video and musical recordings, may not be placed on the Site without the express
permission of the owner of the copyright in the material, or other legal entitlement to
use the material.In addition, as a condition of accessing the Sites, you agree not to:


a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites other than as expressly allowed under these Terms of Use;


b) use the Fish Welfare Dialogue’s or any Collaborators's name, trademarks or other proprietary materials in connection with, or to transmit, any unsolicited communications or emails;


c) use any high-volume, automated or electronic means to access the Sites (including without limitation, robots, spiders, scripts or web-scraping tools);


d) frame the Sites, place pop-up windows over its pages or otherwise affect the display of its page;


e) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites; or,


f) access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Sites.




User Accounts


In order to fully participate in all Site activities, you must register for a personal
account on the Site (a "User Account") by providing an email address, a password and
other required information for your personal User Account. In setting up a User Account,
you agree that you will:

  • never divulge or share access or access information to your User Account with any third party for any reason; and,

  • create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.




In setting up your User Account, you may be prompted or required to enter additional
information, including, but not limited to your name and location, and may be required
to confirm your identity and credentials. You represent that all information provided
by you is accurate, current and complete and you agree that you will maintain and update
your information to keep it accurate, current and complete. You acknowledge that if any
information provided by you is untrue, inaccurate, not current or incomplete, we reserve
the right to terminate your use of the Sites.




Privacy Policy


You understand that any personal information you submit to the Fish Welfare Dialogue on
the Sites will be treated by the Fish Welfare Dialoguein the manner described in the
Privacy Policy.




Continuing Education & Professional Development Credit and Certifications


The Fish Welfare Dialogue and its Collaborators may, from time to time, offer
professional Continuing Education and Professional Development ("CEPD") in the form of
webinars, seminars, conferences, other on-line and in-person meetings, or publications
or study materials on a particular topic (a "CEPD Event"). The Fish Welfare Dialogue and
the instructors of a CEPD Event reserve the right to cancel, interrupt or reschedule
any CEPD Event, or modify its content and all CEPD Events and the information covered
therein will be at the sole discretion of the presenters. CEPD Events offered throughthe
Fish Welfare Dialogue are subject to the Disclaimer of Warranties / Limitation of
Liabilities section below.




For some CEPD EventsFish Welfare Dialogue or their Collaborators may provide aCEPD
Certificate of Completion ("Certificates") to participants that may be useful for CEPD
credit by other accrediting bodies (i.e. those requiring CEPD for veterinary or other
professional licensing, registration or certification). Receiving a Certificate may
requiresatisfactory performance in a CEPD Event orsuccessful completion of a knowledge
and skills assessment ("KSA", i.e. a quiz) about subject matter covered in a CEPD Event.
As appropriate, Certificates may identify a recommended CEPD credit value (generally one
credit per hour of time participating). In receiving a Certificatethe
recipientacknowledges that aCertificatewill not automatically convey or imply
recognition or acceptance by any educational accrediting body, academic college,
university or institution. However, the Fish Welfare Dialoguereserves the right to offer
or not offer any such Certificate. Furthermore, neither the Fish Welfare Dialogue
administrators nor the any Collaborator associated with a CEPD Event will be involved
in any attempts to get the CEPD Event recognized by any educational institution or
accreditation body. It is therefore the responsibility of any individual who participates
in a CEPD Event to ensure the accrediting body that oversees CEPD credit towards
veterinary or other professional licensing, registration or certification, accepts
Fish Welfare Dialogue CEPD.




You agree and acknowledge that nothing in these Terms of Use or otherwise with respect
to your access or use of any CEPD on non-CEPD Event:


a) establishes any relationship between you and any university or other educational institution with which the Fish Welfare Dialoguemay be affiliated;


b) enrolls or registers you in any university or other educational institution, or in any course offered by any university or other educational institution; or,


c) entitles you to access or use the resources of any university or other educational institution beyond the information provided by The Fish Dialogue or its Collaborators.




Participant & Collaborator Material Submission


The Sites may provide participants or Collaborators with the ability to upload certain
information, text, or materials, including without limitation, any information, text or
materials for posting on the Fish Welfare DialogueSites for public or participant’s or
public access. Any and all such information, text or materials contributed for use is
subject to the Privacy Policy. In providing such information, text or materials the
ontributor grants the Fish Welfare Dialogue and its Collaborators a fully transferable,
worldwide, perpetual, royalty-free and non-exclusive license to use, distribute,
sublicense, reproduce, modify, adapt, publicly perform and publicly display such
information, at the discretion of the Fish Welfare Dialogue.




In contributing information, text or materials, the provider represents and warrants
to the Fish Welfare Dialogue and the Collaborators that:


a) the provider has all necessary rights, licenses and/or clearances to provide and use the information, text or materials provided;

b) the provider permits the Fish Welfare Dialogue and its Collaborators to use such information, text or materials;

c) the information, text or materialsprovided are accurate and reasonably complete;

d) the provider has beenresponsible for the payment of any third party fees related to the provision and use of suchinformation, text or materials; and,

e) the information, text or materials does not and will not infringe or misappropriate any third party rights (including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights) or constitute a fraudulent statement or misrepresentation or unfair business practice.




The Sites may also provide participants and contributors the ability to upload or send
information to the Fish Welfare Dialogue regarding the Sites or related services
("Feedback"). By submitting the Feedback, a participant or contributor hereby grant the
Fish Welfare Dialogue and itsCollaborators an irrevocable license to use, disclose,
reproduce, distribute, sublicense, prepare derivative works of, publicly perform and
publicly display any such submission.




Permission to Use Materials


All content or other materials available through theFish Welfare Dialogue Sites,
including but not limited to code, images, text, layouts, arrangements, displays,
illustrations, audio and video clips, HTML files and other content, are the property
of the Fish Welfare Dialogue, its Collaborators and their affiliates or licensors, and
are protected by copyright, patent and/or other proprietary intellectual property rights
under German and foreign laws.




In consideration for accepting the terms and conditions contained herein, the Fish
Welfare Dialoguegrants its Collaborators and registered participants, a personal,
non-exclusive, non-transferable license to access and use the information on its Sites.
Materials may be downloaded from the Sites only for a registered individual’s own
personal, non-commercial use. Participants may not otherwise copy, reproduce,
retransmit, distribute, publish, commercially exploit or otherwise transfer any
material, nor may you modify or create derivatives works of the material, for any reason,
without written permission from the Fish Welfare Dialogue administrators. The burden of
determining that the use of any information, software or any other content on the Site
is permissible rests with the individual using the information or materials.




Individuals that access or download content or other materials provided through the
Fish Welfare DialogueSites accept the fact that the Fish Welfare Dialogueand its
Collaborators cannot guarantee that any materials downloaded will be free of viruses,
worms, back doors, Trojan horses or other contaminants which may harm a computer,
tablet, hand-held device or any programs or files therein. The Fish Welfare Dialogue and
its Collaborators disclaims any responsibility or liability relating to materials
contributed by participants, and recommends all materials are fully screened prior to
contribution.




Links to Other Sites


The Sites may include hyperlinks to sites maintained or controlled by others. Neither
the Fish Welfare Dialoguenor itsCollaboratorsare responsible for, nor do they routinely
screen, approve, review or endorse the contents of or use of any of the products or
services that may be offered at these sites.




Fees and Taxes


Access to some Fish Welfare Dialogue activities (e.g. registration as an Active
Participant, webinars, conferences) may require a payment of a fee. The Fish Welfare
Dialogue reserves the right to change the fees at any time in its sole discretion. Any
change, update, or modification will be effective immediately upon posting on our Site.




Refund Policy


If a participant elects to cancel his/her participation in any activity that requires
the payment of a fee,the Fish Welfare Dialogue will refund this fee up to two weeks
after the date when the payment is made, provided that:


a) the Fish Welfare Dialogue administrators are notified in writing


b) that the participant has not already accessed or utilized the activity’s information, text, or materials,


c) that scheduled time for the activity has already passed; or,


d) if the individual is in violation of the Fish Welfare Dialogue Honor Code or these Terms of Use.




The Fish Welfare Dialogue reserves the right to offer a coupon for access to the same
or similar activity that may be scheduled within two months from the date of the refund
request, in lieu of a refund.




Refund requests must be sent to:


Refund Request


The Fish Welfare Dialogue


TierärztlicheFakultät


Ludwig-Maximillians University


Kaulbachstr. 37


80539 München


Germany


admin@fishwelfare.org






Disclaimer of Warranty / Limitation of Liabilities


THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. The Fish Welfare DialogueAND ITS COLLABORATORS AND PARTICIPANTS
(THE "Fish Welfare DialogueParties") DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES,
EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY
ONLINE COURSE, SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE Fish
Welfare DialogueParties DO NOT WARRANT THAT SITES WILL OPERATE IN AN UNINTERRUPTED OR
ERROR-FREE MANNER OR THAT SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT
LIMITING THE FOREGOING, THE Fish Welfare DialogueParties DO NOT WARRANT THAT:


A) THE Fish Welfare Dialogue Parties ON-LINE SITES OR INFORMATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES;


B) THE ON-LINE SITES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;


C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM OR THROUGH THE Fish Welfare Dialogue Parties SITES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE; OR


D) THAT DEFECTS IN OR ON THE Fish Welfare DialogueParties SITES WILL BE CORRECTED.




NONE OF THE Fish Welfare Dialogue Parties MAKE ANY REPRESENTATION REGARDING a
USERS ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITES, AND USERS
AGREE AND ACKNOWLEDGE THAT THEIR ABILITY TO ACCESS THE ONLINE COURSES AND SITES MAY
BE IMPAIRED. THE Fish Welfare Dialogue Parties DISCLAIM ANY AND ALL LIABILITY RESULTING
FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE ON-LINE Fish Welfare Dialogue
INFORMATION OR SITES OR ANY INFORMATION OR SERVICES RELATED TO THEM.ALL USERS OF ANY
AND ALL Fish Welfare Dialogue RESOURCES ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE
OF THE Fish Welfare Dialogue Party’s SITES OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.




EXCEPT AS PROHIBITED BY LAW, ALL USERS AGREE THAT THE Fish Welfare Dialogue Parties WILL
NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF
USE OR YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE AN ONLINE COURSE, SITE,
DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED
FROM OR THROUGH AFish Welfare DialogueParty’s SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED
TO THE Fish Welfare Dialogue RESOURCES OR SITES.




EXCEPT AS PROHIBITED BY LAW, THE Fish Welfare Dialogue Parties WILL NOT HAVE LIABILITY
FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER
FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION,
ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR
RELATING TO THESE TERMS OF USE, A PARTICIPANT’S USE OR INABILITY TO USE ANY ONLINE
COURSE OR SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, A PARTICIPANT’S PLACEMENT OF
CONTENT ON A SITE, OR A PARTICIPANT’S RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH
ANY Fish Welfare DialogueParty’s SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR
OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE
EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. THE Fish Welfare Dialogue’s TOTAL
CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER'S USE OF THE Fish Welfare
DialogueSITES WILL NOT EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF
FEES RECEIVED BY Fish Welfare DialogueFROM THE USER FOR THE USE OF THE Fish Welfare Dialogue
SITES DURING THE PAST 12 MONTHS OF USE, WHICHEVER IS GREATER.




USERS ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF
LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF
RISK BETWEEN THE USER AND THE Fish Welfare Dialogue Parties, AND THAT THESE LIMITATIONS
ARE AN ESSENTIAL BASIS TOFish Welfare Dialogue’s ABILITY TO MAKE THE Fish Welfare Dialogue
SITES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.YOU AGREE THAT ANY CAUSE OF
ACTION RELATED TO THE Fish Welfare Dialogue SITES MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.




Copyright Policy


If any person believes in good faith, that materials on the Fish Welfare Dialogue Sites
infringe their copyright, they (or their agent) may send us a notice requesting that the
material be removed, or access to it blocked.The notice must include the following information:


a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);


c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Fish Welfare Dialogueto locate the material on its Site;


d) the name, address, telephone number, and email address (if available) of the complaining party;


e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,


f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.




Notices must be sent to:


Copyright Agent


The Fish Welfare Dialogue


Tierärztliche Fakultät


Ludwig-Maximillians University


Kaulbachstr. 37


80539 München


Germany


admin@fishwelfare.org




We suggest that you consult your legal advisor before filing a notice.
Also, be aware that there can be penalties for false claims.



Indemnification


You agree to indemnify, defend and hold harmless the Fish Welfare Dialogueand the
Collaborators, and any respective subsidiaries and affiliates, officers, directors,
agents, employees, and assignees, including all Fish Welfare Dialogue participants, from
any and all claims, liabilities, expenses and damages, including reasonable attorneys’
fees and costs, made by any third party relating to or arising out of any and all:

a) use or attempted use of the Sites or Online Course in violation of the Terms of Use;

b) violation of any law or rights of any third party; or,

c) information that is posted or otherwise make available on the Fish Welfare Dialogue Party’s Sites, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.



Termination Rights


All participants agree that the Fish Welfare Dialogue, in their sole discretion, may
terminate any user’s use of the Site or participation in it thereof, for any reason or
no reason, and that none of the Fish Welfare Dialogue Parties shall have any liability
to you for any such action. App participants and users further acknowledge that for
the purpose of any Fish Welfare Dialogue activity is the individual’s sole relationship
with the Fish Welfare Dialogue and the Collaborators, is as defined in these Terms of Use.




Honor Code


All that participate in any Fish Welfare Dialogue activities must agree to abide by the
following code of conduct while participating in the Fish Welfare Dialogue:

  1. To register for only one account using their correct names and contact information.

  2. To show respect, and not defame, harass or threaten others participating in the Fish Welfare Dialogue.

  3. Personally access and answer their own knowledge and skills assessments (KSAs or quizzes), not make KSAs or their answers available to anyone else, and to not engage in any dishonest activities.

  4. Not knowingly engage in unethical or unlawful actionsthat violates any applicable local, state, national or international law.




 
* Required