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Terms of Use – Blue Water Fish

Terms of Use

Overview

Welcome to our website (herein referred to as “Site.”) THOMAS INFANTOLINO CO. INC., dba BLUE WATER FISH (herein referred to as “BLUE WATER”) is a New York Corporation. BLUE WATER owns and operates the Site (“materials, electronic products and/or services”) in order to provide you with information about our seafood market, and to enable you to interact with us online. Throughout the Site, the terms “we”, “us” and “our” refer to BLUE WATER. We offer this Site and its related subdomains including all information, content, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

This document describes the terms and conditions that govern your use of the Site, including all services, applications, and any other information that comprises the Site.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE AND SERVICES. BY ACCESSING OUR SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, WITHOUT LIMITATION OR QUALIFICATION.

When you visit the Site, order products online, or otherwise access or interact with our copyrighted materials, photographs, videos, articles, graphics and other information that comprises the Site, you indicate your acceptance of the terms outlined in these Terms of Use, and agree to be bound by these terms. Use of the Site is also subject to BLUE WATER’S Privacy Policy which is incorporated by reference.

Any new features or tools which are added to the Site shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

These Terms of Use apply to all users of the Site, including without limitation users who are browsers, donors, vendors, customers, merchants, and/ or contributors of content.

1. Site Content. BLUE WATER provides users with access to an extensive amount of resources (“Content”) on our Site. Unless otherwise indicated, all Content on our Site (including text, graphics, logos, button icons, audio clips, writings, images, and photographs) is copyrighted by and proprietary to BLUE WATER and its licensors.

2. Use of Content. You may not use in any manner Content, in whole or in part, without BLUE WATER’S prior written consent. You may not use any automated or manual device or method to “scrape” or otherwise obtain our Content or any user data.

3. Use of Our Site and Services. You agree to use our Site only for lawful purposes and in a manner that does not infringe the rights or restrict the use and enjoyment of our Site by any third party. Some of our Services may permit you to upload content (e.g., data, questions, comments, suggestions, or the like), which will be treated as non-confidential and non-proprietary information. We assume no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks are borne solely by you. When you voluntarily upload or otherwise send user content through our Services you grant BLUE WATER a worldwide, nonexclusive, irrevocable, perpetual, royalty-free, sublicenseable right to reproduce, distribute, create derivative works of, publicly display and perform the user content in all media now known or later developed. BLUE WATER reserves the right to remove any user content and communications from our Site in its discretion at any time without notice. You warrant that you have the right to include (and grant to BLUE WATER the above license to) any third-party materials and all individuals’ names, likenesses, and voices that you include in any user content.

4. Conduct on the Site. You may use the Site and our Services on the condition that you do not: (i) transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component or otherwise interfere with operation of the Site; (ii) use the Site for any unlawful purpose or otherwise violate any applicable laws, rules, or regulations; (iii) upload any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or that infringes on our or any third party’s intellectual property or other rights; (iv) upload any content without authorization to do so; or (v) upload any spam, advertisements, solicitations, chain letters, or other unsolicited commercial communication.

5. Copyright Agent. BLUE WATER respects the intellectual property of others and requests that individuals who use our Site also respect them. If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact us, in writing, at:

By email: info@bluewaterfish.net

By mail: Blue Water Fish, 2 Sound Road, Wading River, NY 11792 Attn: Legal Department, Copyright Compliance Manager

Please provide the following information in your notice:
i. a physical or electronic signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
ii. identification of the copyrighted work that you claim has been infringed;
iii. identification of the material that you claim is infringing and information reasonably sufficient to permit BLUE WATER to locate the material (for example, by providing a URL to the material);
iv. your name, address, telephone, number, email address and other information sufficient to permit us to contact you;
v. a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi. a statement that the information in your notice is accurate, and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6. Requesting Permission to Use Content. To request permission to otherwise use Content from our Site or from other BLUE WATER printed materials, please send your request to info@bluewaterfish.net. When submitting a request, please provide the following:

i. Information about the exact BLUE WATER material you propose to use or copy, including, as available, the title of the document, page numbers, section titles, and copyright dates; for Content from our Site, include the web address (URL) and, if possible, attach a copy of the specific Content you wish to use;
ii. Provide an explanation of how you wish to use or distribute (including channels of distribution) the Content or other material and whether you wish to sell or charge for reprinted materials;
iii. Provide a description of your organization or business and its activities; and
iv. Provide contact information, including fax number, email address, and/or mailing address.
v. BLUE WATER reserves the right in its discretion whether to grant permission. BLUE WATER may grant permission to use portions of its materials if the material will be reproduced for educational purposes, and if the material will not be used for commercial or for-profit activities.


7. No Warranties; Disclaimer: OUR SITE, SERVICES, AND CONTENT ARE MADE AVAILABLE FOR YOUR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED), WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY THAT: (A) OUR SITE, SERVICES, OR CONTENT WILL BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY; (B) OUR SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS; OR (C) YOUR ACCESS TO AND USE OF OUR SITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS OR OTHERWISE SECURE. IF YOU RELY ON OUR SITE, SERVICES OR CONTENT YOU DO SO ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Third Party Sites: Our Site may contain references or links to third-party web sites, web pages, materials, information and resources (collectively, "Third-Party Sites") solely as a convenience to our users. We do not control, are not responsible or liable for, and do not endorse any Third-Party Site. You: (i) should review the terms of use and privacy policies that govern any Third-Party Site and make your own independent judgment regarding your use of any Third-Party Site; and (ii) acknowledge you are solely responsible for any consequence of your use of any Third Party Site.

10. Limitation of Liability: TERMINATING YOUR USE OF OUR SITE IS YOUR SOLE RIGHT AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR CAUSE OF ACTION ARISING FROM USE OF OUR SITE, SERVICES, OR CONTENT AND YOU AGREE THIS LIMITED REMEDY IS PART OF THE BARGAIN BETWEEN YOU AND RACF. UNDER NO CIRCUMSTANCES WILL RACF, ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SITE, SERVICES, OR CONTENT, WHETHER BASED ON CONTRACT, TORT (STRICT LIABILITY OR OTHERWISE), INCLUDING LOSS OF VALUE, LOSS OF USE, LOST ANTICIPATED PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF GOODWILL OR OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF, NOTWITHSTANDING THESE TERMS, RACF IS HELD LIABLE TO YOU FOR ANY DAMAGE OR LOSS IN CONNECTION WITH YOUR USE OF OUR SITE, SERVICES, OR CONTENT, YOU AGREE THAT RACF’S AGGREGATE LIABILITY WILL IN NO EVENT EXCEED $US100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

11. Indemnification: You agree to indemnify, defend (if BLUE WATER requests) and hold harmless BLUE WATER, its vendors, licensees, licensors, agents, employees, officers, directors, partners, and volunteers (the “Indemnitees”) from and against any and all losses, damages, liabilities, fees and costs, including attorneys' fees and court costs, which may be incurred by any Indemnitee in connection with your breach or alleged breach of these Terms or your use of the Site, Services, or Content. You may not settle or compromise any claim that would affect any Indemnitee's rights or legally obligate any Indemnitee without the Indemnitee’s prior written approval in each case. BLUE WATER reserves the right to control the defense (with its own counsel) of any indemnified claim.

12. Jurisdiction; General: Our Site is controlled by BLUE WATER, which is headquartered in the State of New York, United States of America, and can be accessed from all fifty states as well as from other countries and locations around the world. As each of these locations may have laws that differ from those of New York, by accessing this Site you agree that the laws of the State of New York, without regard to its conflicts of law principles, will apply to all matters arising from or relating to use of our Site, Services, and Content. You also irrevocably: (i) submit to the exclusive personal jurisdiction and venue of the courts located in the State and County of New York with respect to all such matters; and (ii) waive any objection to the venue of those courts based on an inconvenient forum or other reasons. BLUE WATER makes no representation that our Site, Services, or Content are appropriate or available for use outside the United States. You are responsible for complying with all local laws concerning your access of our Site, Services, and Content. You are solely responsible and liable for accessing our Site from locations where doing so would be illegal or prohibited. If you attempt to access our Site from certain locations, we may instruct you to access an affiliate Site originating from or nearer your location. BLUE WATER’s delay in enforcing these Terms will not be considered a waiver or limitation of any of its rights or remedies. If BLUE WATER determines or suspects that you have violated these Terms, BLUE WATER may disclose any information we have about you if we determine in good faith it is necessary or appropriate in connection with any investigation or complaint regarding your use of our Site. The term “including” is illustrative and means “including, but not limited to.”

13. Shopify Platform. Our Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to accept online orders and to sell products and services. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

14. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

15. Errors, Inaccuracies and Omissions. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to descriptions of products, services, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

16. Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

17. Severability. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

18. Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

19. Entire Agreement. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

20. Contact Information. If you have any questions about these Terms or our Site, please contact us at info@bluewaterfish.net.

Last Updated: November 23, 2021