Terms of Use
TERMS OF USE OF Aquatalia.com
This site (the “Site”) is operated by Aquatalia (collectively, “Aquatalia” or “we” or “us”). By accessing or using this Site (or any part thereof), you agree to be legally bound by the terms and conditions that follow (the “Terms of Use”) as we may modify them from time to time. These Terms of Use apply to your use of this Site, including any services offered via the Site. They constitute a legal contract between you and Aquatalia. By accessing or using any part of the Site you represent and warrant that you have the right, power, and authority to agree to and be bound by these Terms of Use. If you do not agree to the Terms of Use, or do not have the right, power, and authority to agree to and be bound by these Terms of Use, you may not use the Site.
Notwithstanding anything to the contrary herein, if you and Aquatalia have entered into a separate written agreement that covers your use of a service offered via the Site, the terms and conditions of such agreement shall control with respect to that service to the extent they are inconsistent with these Terms of Use.
BY ACCEPTING THE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Registration
In order to access some features of the Site, you may be required to register by selecting a password and a user name, which will consist of an email address you provide and a screen name (“User ID”). To register, use the registration form available on the Site. If you register, you agree to provide accurate and complete registration information and to promptly inform us of any changes to such information.
Registration is required if you wish to post content to or participate on the Site beyond simply viewing product information or content posted by others (e.g., reviews). You may not: (i) enter or use a false name or email address owned or controlled by another person with intent to impersonate them; or (ii) use a User ID that infringes on the rights of another person without authorization.
Failure to comply with these obligations constitutes a material breach of these Terms of Use and may result in termination of your account. We also reserve the right to refuse registration or cancel a User ID at our discretion.
Content & Intellectual Property
All information, data, text, software, images, graphics, layout, design, and other content provided on or through this Site (collectively, the “Content”) are proprietary to Aquatalia or its licensors, and are protected by applicable intellectual property laws and treaties. This includes any underlying databases, software, or organizational structure used to manage or display the Content (collectively, the “Product”).
Except as expressly permitted by Aquatalia, you shall not: copy, reproduce, distribute, republish, upload, transmit, adapt, create derivative works of, or otherwise exploit any portion of the Product.
Prohibited Uses
You agree not to:
- Copy, distribute, or otherwise use any portion of the Product without prior written authorization from Aquatalia.
- Use any data-mining or automated tool (e.g., robots, spiders) to access, extract or otherwise collect any portion of the Product.
- Modify, translate, decompile, reverse-engineer or create derivative works from any part of the Product.
- Use the Product for commercial resale or other commercial uses without written permission.
- Upload or transmit content that is unlawful, defamatory, obscene, offensive, infringing, or violates any third-party rights or applicable law.
- Impersonate any person or entity or misrepresent your identity or affiliation.
- Use the Product to engage in illegal activity, harassment, or any form of misconduct.
Violation of these rules may result in immediate termination of your access to the Site.
Submitted Content
Some areas of the Site may allow you to submit content (e.g., reviews, comments, photographs, other materials) (“Submitted Content”). By submitting content, you grant Aquatalia and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable license to use, reproduce, adapt, publish, translate, perform, display, distribute, and create derivative works from your Submitted Content worldwide and in any media, now known or later developed. Aquatalia may also remove or refuse to publish any Submitted Content at its discretion.
You represent and warrant that you own or have appropriate rights over the Submitted Content and that your content does not infringe or violate the rights of others.
Aquatalia does not endorse and is not responsible or liable for any Submitted Content, or for any loss or damage resulting from your reliance on such content or your interactions with other users.
Information Collection & Use
When you use the Site, we may collect personally identifiable information (like name, email, address) that you knowingly submit (e.g., registration, forms), as well as non-personally identifiable information automatically collected (e.g., IP address, session data, click-stream data). We use this information to:
- Provide and improve the Site and our services;
- Process and fulfill orders or service requests;
- Provide customer support;
- Send you information about our services, updates, and marketing communications (with your consent, where required);
- Conduct research, analytics, and performance monitoring;
- Prevent fraud and unauthorized activity;
- Comply with legal obligations.
We take reasonable technical and organizational measures to help protect your personal data, but cannot guarantee absolute security.
Users must be at least 18 years old to register or submit personal information.
Links to Other Sites
The Site may contain links to third-party websites. These links are provided for convenience only. Aquatalia is not responsible for the content, privacy practices, or any other actions of linked sites. Any interaction you have with third-party websites is solely between you and the third-party, and you agree that Aquatalia shall not be liable for any loss or damage arising from such interaction.
Disclaimer of Warranties; No Guarantees
The Product is provided “as is,” “with all faults,” and “as available.” Aquatalia and its affiliates disclaim all warranties and guarantees of any kind — express, implied, statutory — including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or reliability.
Aquatalia does not guarantee that access to or use of the Site will be uninterrupted, error-free, or completely secure. Any reliance on the Product is at your own risk.
Limitation of Liability
To the maximum extent permitted by law, neither Aquatalia nor its officers, agents, employees, affiliates, nor any third-party suppliers shall be liable for any direct, indirect, incidental, special, punitive or consequential damages (including loss of profits, data loss, personal injury, or other losses) arising from or related to the use of (or inability to use) the Site or Product, even if Aquatalia has been advised of the possibility of such damages.
In no event shall Aquatalia’s total liability to you for any claim arising from the Site or these Terms exceed the amount you paid (if any) to Aquatalia for the service or goods giving rise to the claim.
Export Restrictions
The Site is controlled and operated from the United States (or the jurisdiction in which Aquatalia is based). Aquatalia makes no representation that portions of the Product are appropriate or available for use in locations outside the United States or in jurisdictions where their contents are illegal. Accessing the Site from locations where its content is illegal is prohibited. You are responsible for compliance with local laws when accessing the Site.
You may not export, re-export, or otherwise distribute content from the Site in violation of applicable export control laws and regulations.
Modifications to the Site & Changes to Terms
Aquatalia may modify, suspend, or discontinue the Site (or any part thereof) at any time, with or without notice. Aquatalia may also revise these Terms of Use at any time by posting the revised terms on the Site. It is your responsibility to review these Terms periodically. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.
Miscellaneous
These Terms of Use constitute the entire agreement between you and Aquatalia regarding the Site and supersede any prior agreements, understandings, or communications. You may not assign or transfer these Terms (or any rights or obligations) without our prior written consent. If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed and replaced with a valid provision that closely matches the intent of the original, without affecting the remainder of these Terms.
No waiver by Aquatalia of any right under these Terms shall be deemed a waiver of any other right or provision at any other time.
You agree that no joint venture, partnership, employment, or agency relationship is created between you and Aquatalia by these Terms or your use of the Site. Aquatalia’s performance under these Terms is subject to applicable laws and legal process; nothing herein restricts Aquatalia’s right to comply with legal requests or requirements.
Governing Law and Dispute Resolution
These Terms of Use and your use of the Site shall be governed by the applicable laws of the jurisdiction in which Aquatalia is established, without regard to its conflict-of-law provisions. You agree that any dispute arising from or related to these Terms or your use of the Site shall be resolved in the courts of that jurisdiction (unless otherwise required by law).
If you have questions about these Terms of Use, you can reach out to our support team via the contact channel provided on our Site.
