Privacy Policy

Aquascape, Inc (“Aquascape”) operates several websites including aquascapeinc.com. It is Aquascape’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, Aquascape collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Aquascape’s purpose in collecting non-personally identifying information is to better understand how Aquascape’s visitors use its website. From time to time, Aquascape may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Aquascape also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on our blogs. Aquascape only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses are visible and disclosed to the administrators of the blog where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to Aquascape’s websites choose to interact with Aquascape in ways that require Aquascape to gather personally-identifying information. The amount and type of information that Aquascape gathers depends on the nature of the interaction. Aquascape collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Aquascape. Aquascape does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Aquascape may collect statistics about the behavior of visitors to its websites. For instance, Aquascape may monitor the most popular pages on the Aquascape.com site using Google Analytics. Aquascape may display this information publicly or provide it to others. However, Aquascape does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Aquascape discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, distributors, retailers and affiliated organizations that (i) need to know that information in order to process it on Aquascape’s behalf or to provide services available at Aquascape’s websites, and (ii) that have agreed not to disclose it to others. By using Aquascape’s websites, you consent to the transfer of such information to them. Aquascape will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to those, as described above, Aquascape discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Aquascape believes in good faith that disclosure is reasonably necessary to protect the property or rights of Aquascape, third parties or the public at large. If you are a registered user of an Aquascape website and have supplied your email address, Aquascape may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Aquascape and our products. Aquascape takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Aquascape uses cookies to help Aquascape identify and track visitors, their usage of Aquascape website, and their website access preferences. Aquascape visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Aquascape’s websites, with the drawback that certain features of Aquascape’s websites may not function properly without the aid of cookies.

Facebook, Twitter, Addthis and other social networks

Some 3rd parties like Facebook and Twitter may know you visited this site, if you use their services. These services include social buttons and similar features which we use on our website – such as the “Like” and “Tweet” buttons.

For Aquascape to be able to offer social sharing services, we embed code that they provide and we do not control ourselves. This does not provide us with access to your accounts, nor can we control how those social networks use any information they gather.

Online payment

Aquascape uses a variety of payment providers to bill for our products online. These companies will have access to your personal and payment information, only to the extent necessary for the purposes of processing payments you make via Aquascape’s websites. When paying by credit card, Aquascape does not have any access to your credit card details.

Privacy Policy Changes

Although most changes are likely to be minor, Aquascape may change its Privacy Policy from time to time, and in Aquascape’s sole discretion. Aquascape encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Terms of Service

These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Aquascape, Inc (“Aquascape”) and located at aquascapeinc.com and *.aquascapeinc.com (the “Site”) including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and access and use of the services available thereon  (the “Services”). This Agreement is legally binding between you, the person using this Site, and Aquascape. Terms such as “we,” “our” and “us” refer to Aquascape.

YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO AQUASCAPE’S PRIVACY POLICY (THE “PRIVACY POLICY”), BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) MAKING A PURCHASE OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY EXECUTING A SUBSCRIPTION THAT REFERENCES THIS AGREEMENT. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services.

On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.

Aquascape may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.

Ability to Enter into this Agreement

This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Aquascape, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.

Before you continue, you should print or save a local copy of this Agreement for your records.

Your Profile Information and Account

In order to access certain Services, you may be required to provide information about yourself (such as API, identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to Aquascape for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Aquascape immediately.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Aquascape immediately.

By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.

Intellectual Property Rights

All right, title, interest and ownership and intellectual property rights in and to the Site, Aquascape trademarks and the templates provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, are and will remain the property of Aquascape or its software or content suppliers. The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties.

You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Aquascape related to the Services, the Site or Aquascape or its business (“Feedback”) shall become Aquascape’s property without any compensation or other consideration payable to you by Aquascape, and you do so of your own free will and volition. Aquascape may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Aquascape may decide into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Aquascape in any Feedback and, as applicable, waive any moral rights.

Aquascape owns any test results, data information and other output generated by your use of the Site and/or the Services during the term of this Agreement.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Aquascape, Inc or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Aquascape, Inc or its Affiliates.

Confidential Information

You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from Aquascape during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, know-how and processes, inventions, discoveries, and improvements of any kinds.

Disclaimer of Warranties

YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AQUASCAPE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

AQUASCAPE DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, AQUASCAPE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT AQUASCAPE, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.

AQUASCAPE IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY AQUASCAPE, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY AQUASCAPE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AQUASCAPE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE IS OFFERED AND CONTROLLED BY AQUASCAPE FROM ITS FACILITIES IN THE UNITED STATES. AQUASCAPE MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Limitation of Liability / Exclusion of Consequential and Related Damages

Aquascape reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Aquascape shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of using the Site and/or Services.

Indemnity

You agree to indemnify, defend, and hold harmless Aquascape, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. Aquascape reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Aquascape and you agree to cooperate with Aquascape’s defense of these claims. You agree not to settle any matter without the prior written consent of Aquascape. Aquascape will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Agreement to Governing Law and Jurisdiction

If there is any dispute between you and Aquascape about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of Illinois, without regard to its conflict of law provisions.

Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

Legal Remedies

You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if Aquascape does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Aquascape has the benefit of under any applicable law), this will not be taken to be a formal waiver of Aquascape’s rights and that those rights or remedies will still be available to Aquascape.