I. The AQUATIC LIFE Company’s Collection and Use of Information
A. Personally Identifiable Information
We will collect personally identifiable information about you, such as your name, postal address, telephone and mobile numbers, e-mail address, when you provide it to us while on this Site such as when you create an account, enter a sweepstake, sign up for newsletters, participate in a survey, contact customer service or otherwise interact with this website. Your personally identifiable information may be used by us for all legal purposes, which may include, but are not limited to, responding to your requests, processing your transactions, for administrative purposes such as conducting contests, tracking which parts of the Site are of interest to you, processing prizes. If you choose to opt-in, we may share your personally identifiable information with The AQUATIC LIFE Company’s subsidiaries or affiliated entities ("Affiliated Entities") for purposes of sending you information about the programs of The AQUATIC LIFE Company or its Affiliated Entities and, occasionally, sending you advertising/promotional material from some of their advertising and strategic partners. We may also use your personally identifiable information for internal business purposes, such as optimizing Site experiences and analyzing and managing our businesses. You may opt-in to receive certain future information or communications (see the Opt-In/Choice section below).
Note Regarding Use of this Site by Children
This Site is not directed at children and we request that children do not provide personally identifiable information through the Site.
B. Demographic Information
We may also collect demographic data, such as your date of birth, gender and postcode. Demographic data may be used to tailor your experience at this Site, such as showing you content including special events and advertising that you might be interested in, and displaying the content according to your postcode.
On occasion, aggregate information that does not identify any particular user may be compiled and shared with subsidiaries and affiliates of The AQUATIC LIFE Company, strategic partners, merchants and advertisers.
C. Passive Collection of Non-Personal Information
This Site often requires the use of encrypted or non-encrypted cookies. Cookies are data that a web server transfers to an individual's computer for recordkeeping purposes. Cookies are an industry standard used by most websites and help facilitate users' ongoing access to and use of a particular website, for example by providing information used to deliver content specific to your interests and for other purposes, such as security and other account administrative functions, and which may track personal identifying information.
The Site may use so-called "pixel tags", "web beacons", "clear GIFs" or similar means (collectively, "Pixel Tags") to compile aggregate statistics about Site usage and response rates. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.
The AQUATIC LIFE Company also collects "referrers" information, IP addresses and various environmental variables.
• A "referrer" is information the web browser passes along to our web servers that references the URL from which you came.
• The "IP address" is a number used by computers on the network to identify your computer so that data can be transmitted to you.
• "Environmental variables" include, among other things, the domain from which you access the Internet, the time you accessed this site, type of web browsers and operating system or platform used, the Internet address of the website you left to visit this Site, the names of the pages you visit while at this Site and the Internet address of the website you then visit.
This information is collected for The AQUATIC LIFE Company’s internal use such as to enhance website security, to detect broad demographic trends, to assist The AQUATIC LIFE Company in providing content tailored to your interests and to otherwise enhance your experience on this Site. This information may also be shared with third parties on an aggregate and non-personally identifiable basis.
II. Disclosure of Information to Third Parties
The AQUATIC LIFE Company may share personally identifiable information, including information that you provide on the Site, with third parties as described below. You should also be aware that this means that we may transfer information to any country in the world, including the USA and other countries that do not offer the same level of data protection as the country where you reside.
A. Affiliated Entities
We may share any information, including personally identifiable information that you provide on the Site, with our subsidiaries and affiliates worldwide, for the purposes described in Section I (A).
B. Strategic Partners
From time to time we may enter into a special relationship with another company that is not owned by or affiliated with The AQUATIC LIFE Company to provide additional features on this Site. These special relationships may include business partners, sponsors and co-branded sites (referred to here as "co-branded pages"). Any information, including personally identifiable information that you provide on one of these co-branded pages, will be shared with these third party partners. By participating in activities or providing your information on these co-branded pages, you also consent to our providing your personally identifiable information to those third parties. Since these third parties will use your information in accordance with their own privacy practices, you should check their websites for information regarding their privacy policies.
C. Service Providers
We may use third party service providers to help us operate our business and this Site or administer activities on our behalf, such as sending emails, order fulfillment and sweepstake administration. We may share your information with these third parties for those limited purposes. For instance, if you participate in a sweepstake, game or loyalty program resulting in a prize or award, we will share personally identifiable information about you with our games and merchandise fulfillment and management agencies.
D. Other Disclosures
Personally identifiable information of any individual user may be shared with other companies outside The AQUATIC LIFE Company: (i) as permitted by law, (ii) in the event of a transfer of ownership, assets or a bankruptcy of The AQUATIC LIFE Company, (iii) where we determine that disclosure of specific information is necessary to comply with the request of a law enforcement or regulatory agency or other legal process, or (iv) to protect the interests or safety of The AQUATIC LIFE Company or other visitors to this Site.
E. User Generated Content Functions
F. Sweepstakes, Contests etc.
We may operate sweepstakes, contests, raffles and similar promotions through the Site that may require online registration. We typically ask you for certain personally identifiable information when you enter and, if applicable, win a sweepstake, contest, raffle or similar promotion. We may share this personally identifiable information with third party sponsors of such sweepstakes, contests, raffles and promotions (irrespective of whether it is hosted by us), or otherwise in accordance with the rules applicable to such sweepstakes, contest, raffle or promotion. You should carefully review the rules of each sweepstake, contest, raffle and promotion in which you participate through the Site, as they may contain additional important information about The AQUATIC LIFE Company's or a sponsor’s use of your personally identifiable information. Insofar as the terms and conditions of such rules concerning the treatment of your personally identifiable information conflict with this Privacy Statement, the terms and conditions of such rules shall control.
III. LINKS AND THIRD PARTIES' PRIVACY PRACTICES
This Site has security measures in place to help protect against the loss, misuse and alteration of the personally identifiable information under its control. The AQUATIC LIFE Company employs security measures consistent with standard industry practice to help protect against public access to personally identifiable and account activity information collected on and used by The AQUATIC LIFE Company at this Site. For instance, access to our databases with personally identifiable information is logged for security purposes and access is limited to key personnel. Certain specific activities are protected using a secure communications encryption technology called SSL. SSL (stands for Secure Sockets Layer) is a method for hiding information to prevent others from intercepting and reading the data sent between the client (your computer) and the server (this Site). Personally identifiable information and account activity are also protected through the use of user names and passwords. In order to help maintain the security of your information, you should protect the confidentiality of your user name and password.
This Site may provide you with the opportunity to opt-in to receive marketing communications from The AQUATIC LIFE Company. If you do not opt-in, The AQUATIC LIFE Company will not send you its promotional offers. However, regardless of your opt-in preferences, The AQUATIC LIFE Company may still at times need to send program e-mails for administrative reasons. If you opt to receive communications and then change your election, your opt-out preference may not be effective in certain instances where you agreed to receive brand-specific communications.
The AQUATIC LIFE Company also gives you convenient methods for removing your information from our database so as not to receive future communications or to close your account:
• You may send mail to the following postal address:
Aquatic Life LLC
Website Customer Care
2416 W Victory Blvd. #136
Burbank, CA 9156
Please note, changes may not be effective immediately. In each event, you must clearly indicate the information that you wish to have changed or clearly indicate that you wish to have your personally identifiable information removed from our database. We will endeavor to comply with your request as soon as reasonably possible. Note that despite any request for removal of or change to personally identifiable information, we may need to retain certain information for recordkeeping purposes and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. We also reserve the right, from time to time, to re-contact former users of the site for important administrative purposes. Finally, we are not responsible for informing third parties (including without limitation our third party service providers or strategic partners) with whom we have already shared your personally identifiable information of any changes requested pursuant to this section, or for removing information from or causing information to be removed from the databases or records of such entities.
VII. GOVERNING LAW
VIII. CONTACTING THE AQUATIC LIFE COMPANY
Aquatic Life LLC
Website Customer Care
2416 W Victory Blvd. #136
Burbank, CA 9156
2. Ownership of Content
3. Your Use of the Site
The Aquatic Life Company grants you permission to use the Site as follows: · This Site contains various challenges or contests ("Challenges"), in which The Aquatic Life Company invites registered users to submit usergenerated content for display on this Site and other websites operated by The Aquatic Life Company (a "Submission"). Each Submission must comply with the Official Challenge Rules applicable to such Challenge. · All Submissions become Content that is owned by The Aquatic Life Company. * The only Content you may download from this Site is Content included in a Submission or other Content expressly made available for downloading, such as screensavers. You may download Content expressly made available for downloading and Content included in a Submission for non-commercial, personal use, and provided that you also retain all copyright and other proprietary notices contained on the Content. You may also download Content included in a Submission for purposes of creating your own entry in a Challenge; · you must comply with all applicable laws, rules and regulations while using the Site; you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without The Aquatic Life Company's written permission; · you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law — The Aquatic Life Company will fully co-operate with any law enforcement authorities or any court order requesting or directing The Aquatic Life Company to disclose the identity of anyone posting or transmitting any such information or materials; · you are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any representative of The Aquatic Life Company or its Affiliated Entities, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that we endorse any statement you make; · you are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purposes any portion of, use of or access to the Site. · You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; · You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site; · You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies or regulations of such networks; · You are prohibited from modifying, adapting, translation, reverse engineering, decompiling or disassembling any portion of the Site.
4. Software, Services, Challenge Submissions and User Content.
5.Registration; User Names and Passwords
You may be required to register with The Aquatic Life Company in order to access certain areas of the Site. With regard to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify The Aquatic Life Company of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
7. Disclaimer of Warranties
THE SITE AND ALL SOFTWARE, SERVICES, CONTENT AND USER CONTENT MADE AVAILABLE THROUGH THE SITE ARE SUBJECT TO CHANGE AND ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, The Aquatic Life Company neither warrants nor represents that your use of the Site, any Software, Services, Content or User Content will not infringe the rights of any third parties nor that any of the foregoing will be accurate, complete or up-todate. Additionally, with reference to any postings, submissions and the like that may be on the Site, The Aquatic Life Company assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law, contained in any such locations on the Site.
8. Exclusion of Liability
YOUR USE OF THE SITE OR ANY SOFTWARE, SERVICES OR MATERIALS AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER THE AQUATIC LIFE COMPANY, NOR ANY OF ITS AFFILIATED ENTITIES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS AND REPRESENTATIVES, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE SERVICES, SOFTWARE, CONTENT OR USER CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, SOFTWARE, CONTENT OR USER CONTENT, OR UNAUTHORISED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER THE AQUATIC LIFE COMPANY NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR SOFTWARE, OR RESULTING FROM ANY CONTENT OR USER CONTENT POSTED ON THE SITE BY THE AQUATIC LIFE COMPANY OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
9. Links to Third Party Sites
The Site may contain links to sites owned or operated by parties other than The Aquatic Life Company. Such links are provided for your convenience only. The Aquatic Life Company does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, The Aquatic Life Company specifically disclaims any responsibility if such sites:
· infringe any third party's intellectual property rights;
· are inaccurate, incomplete or misleading;
· are not merchantable or fit for a particular purpose;
· do not provide adequate security;
· contain viruses or other items of a destructive nature; or
· are libellous or defamatory.
The Aquatic Life Company does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites, you do so at your own risk and without the permission of The Aquatic Life Company.
10. Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported:
· into (or to a national or resident of) Cuba, North Korea, Iran, Sudan,
Syria, or any other country to which the United States has embargoed goods; or
* to anyone on the United States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Aquatic Life Company does not authorise the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws or to anyone on any such list. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. Cautionary Language Regarding Forward-Looking Statements
This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Generally, the words "believe", "expect", "intend", "estimate", "anticipate", "project", "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from The Aquatic Life Company's historical experience and our present expectations or projections. These risks include, but are not limited to, our ability to finance expansion plans, share re-purchase programmes and general operating activities; fluctuations in the cost and availability of raw materials; interest rate and currency fluctuations; changes in economic and political conditions; our ability to penetrate developing and emerging markets; the effectiveness of our advertising and marketing programs; litigation uncertainties; adverse weather conditions; and other risks discussed in our Company's media. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. The Aquatic Life Company undertakes no obligation to publicly update or revise any forward-looking statements.
14. Revisions to the Terms
15. Revisions to the Site
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, the Services or the Software, with or without notice; limit the Site’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any Affiliated Entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, Software, content, Submission, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
16. Law and Jurisdiction
18. Rules for Challenges, Sweepstakes, Contests, Raffles, Surveys and Similar Promotions.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: http://www.staysafe.org/ .
20. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send The Aquatic Life Company a notice requesting that The Aquatic Life Company remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send The Aquatic Life Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Details are available at http://www.copyright.gov/onlinesp/. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
21. Information or Complaints.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org . You may also contact us by writing to Aquatic Life LLC, Website Customer Care, 2416 W Victory Blvd. #136, Burbank, California USA 91506, or by calling us at 1-818-768-6943. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
22. Void Where Prohibited.
Although this Site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the Challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.