Terms and Conditions

Preamble

AQUARIUM-SHOPS.COM (hereafter called ‘AQS’) provides internet services which enables natural persons as well as business corporations to use these services and/or deal with goods and products of all kinds.
Only natural persons, who are fully contractually capable and corporate bodies, may be contractual partners (users).
Contractual languages is English. Data submissions and listings have to be done in English mandatory.

Users of the web service AQS are not customer in the legal sense.

By using the services of AQS visitors/users/contractual partners (hence called “users”) agree on these verbalized terms of use. All users assent by notice and thereby affirming the general terms of conditions also through partial usage of a website. A partial usage of a website is already given if a certain website is accessed within a mobile or stationary internet browser.

Contractual amendments for the use of special services, requiring a registration at AQS, come into effect as the user has registered at AQS as a member. A successful member registration is valid after an email confirmation from AQS. Payments must be done 14 days after successful registration, according to our payment terms below.
The full visibility of a new listing is done as quickly as possible after receipt of payments (normally after two work days).
If users do not agree with the general Terms of Use, they are not allowed to use any features of our website. If user do not agree with only some parts of our Terms of Use, and nevertheless use features of our website, they absolve AQS from any liability of actual legal requirements. Aberrant conditions of the user which collide with our general Terms of Use, are not allowed as long as we do not agree in written form. This general Terms of Use are valid even when we do not reprove them when the user requests special or charged services.
AQS is authorized to assign third parties with parts or all business activities. In that case, this here present Terms of Use are also applied.
AQS reserves its right to change the Terms of Use anytime.Changes affecting any contracts, all users are informed in a timely manner by email. Contract partners have a right to cancel within a respite of 6 weeks after the announcement of new Terms of Use. After this deadline, the contract continues based on the new Terms of Use.

Article 1 – Scope of Services

AQS runs an online collection of private and commercial Internet websites, which is sorted by aquaristic topics and themes. The differing entries in those yellow pages offer the possibility to all clients, to present themselves/their websites with data, text, and pictures in the assigned frame of AQS. Special services for charged entries are f.e. accentuated display, better ranking within the search result on AQS, more file uploads and non-standard display of your data. Please check our price-list for the functional range of charged services.
The recall of data from our website is possible for guests without membership registration. With registration as a member the user gets access to more functions (as f.e. personal favorites, stored searches. personal message system).

1.1. – Membership

Any website submission to our directory always requires a membership registration. Email addresses as member name / nickname are not allowed.

1.2. – Data Entry and Classification

When submitting a website the user chooses a category and -where necessary- a subcategory where his website shall be listed. There is no legal claim for being listed on AQS. AQS also reserves the right to move an entry into another category or subcategory. Besides, AQS reserves the right to add, edit or delete categories to keep the directory up to date. If a category is deleted, AQS will list all entries in a category most similar to the deleted one.

1.3. – Misrepresentation and Fraud

For deliberately wrong or fraudulent data entries in our web catalogue or any other part of our website AQS reserves the right to take legal action and cancels the contract without previous notice.

1.4. - Cancellation Period

AQS offers its services for the listed time period within the selected package price. After the end of the duration, the contract is not automatically renewed. The user has the possibility to make a new contract then. Thus, the user can ask to delete his account and all free or charged data entries anytime, and claim the extinction of all his data within 10 workdays.The duty of payment for yet ordered packages and services remains unaffected until the end of the regular contract period.

1.5. – Clause for the Ensuring Animal Protection and Laws (Import / Export / Taxation)

With the registration on our website the user agrees to the abidance of the (inter-) national laws for import, export and transportation of goods, plants, and all animals (vertebrates and invertebrates). In case of violation AQS can cancel any contract without previous notice. The duty of payment for yet ordered packages and services remains unaffected until the end of the regular contract period. Besides, AQS reserves the right to enforce further claims for damages.

Article 2 – Prices and Terms of Sale

Current prices apply for all services and products of our website. AQS offers different product packages for its users. An instant change between packages is only possibly for upgrading services. Detailed regulation can be found in our current price list.
All prices do not contain VAT (value added tax), as long as AQS is not liable to tax on sales. In conclusion, there is no claim for VAT entry in our invoices.

Payment is carried by PayPal only.

A right for counter-claims is excluded and only valid if AQS agrees on a possible compensation or if the user has legal claims against AQS.

Article 3 – Privacy Policy

AQS respects the legitimate data policy, and captures and uses data as follows:
By his registration at AQS the user agrees with the listed regulation and the usage of his private data as mentioned below. AQS collects, uses, and analyzes personal information of the user to guarantee the function of the website and an optimized service. This information is based on data entered by the user, and by using our electronic services. The user agrees to the storage of this data in electronic form. AQS is also authorized to submit the collected data to a collection agency (f.e. the mobile provider of the user), if it is necessary for the clearance of services against payment. We allude that data submission in the Internet (f.e. via email) may have vulnerabilities. An all-round protection of data against third parties is not possible.
This websites uses cookies, little text files stored locally on the user’s computer. Whenever a user accesses our web page or services, this data is anonymized and stored within a cookie. This cookie does not contain personal data, but only for the full functionality of our website. The cookies are deleted after 30 days the earliest. To avoid misuse and fraud, AQS is allowed to store IP addresses of its users.

3.1. – Data Privacy Statement for the Usage of Facebook-Plugins (Like Button)

Plugins from the social network Facebook, 1601 South California Avenue, Palo Alto, CA 93304, USA, are integrated in our pages. These Facebook-Plugins can be identified as such through the Facebook-Logo or the “Like-Button” on our page. A compendium of these Facebook-Plugins can be found here: http://developers.facebook.com/docs/plugins/. If you visit our web pages, the facebook plugin makes a direct connection from webbrowser to Facebook web servers  Facebook so gets information, that you have visited our website with your IP address. If you click the ‘Facebook Like’-Button while you are simultaneously logged in to your Facebook account, you can link content from our webpage to your Facebook profile. Like this, Facebook can also allocate your visit on our web pages to your Facebook profile. We bespeak that we do not have notice of the data content which is submitted and used by Facebook. Further information on the Facebook privacy policy can be found here: https://www.facebook.com/about/privacy/ Please log out from Facebook if you don’t want that Facebook can assign your visit on AQS to your Facebook profile.

3.2. – Data Privacy Statement for the Usage of Google Analytics

This website uses Google Analytics, a web page analyzing service from Google Inc. (‘Google). Google Analytics uses cookies, small text files, which are stored on your computer and allow to analyse your usage of our web page AQS. The information stored within the cookie text file are generally transferred to and stored on a Google web server in the USA.
If IP masking on this website is activated, your IP address will be shortened within the EU countries, or countries associated to the European Economic Area. Only in exceptional case the full IP address is sent to the Google web server within the USA and shortened there. On behalf of the website owner of AQS, Google will use this information to evaluate the website, and to make detailed usage reports. Your IP address will not be joined with other Google data.
However, you can reject the storage of cookies by your browser configuration – but it is likely that you won’t have the full website functionality. You can reject all data collection from Google Analytics by installing Google Analytics Opt-out Browser Add-on from this link: https://tools.google.com/dlpage/gaoptout?hl=en Please feel free ro read the Google Analytcis privacy policy (http://www.google.com/analytics/learn/privacy.html)

Article 3.3. – Data Privacy Statement for the Usage of Google AdSense

This webpage uses Google AdSense, a service to display advertisement of Google Inc. (‘Google’). Google AdSense uses cookies, small text files, which are stored on your computer and allow to analyse your usage of our web page AQS. Google AdSense uses  also Web Beacons (invisible graphics), which serve to interpret website traffic.
The generated information about your website usage on AQS (including your IP address) and the embedded display of different advertising formats are transmitted and stored to Google web servers in the USA. However, you can reject the storage of cookies by your browser configuration – but it is likely that you won’t have the full website functionality. By using our  website AQS, you agree to the handling of your data by Google AdSense as mentioned above.

Article 3.4. – Data Privacy Statement for the Usage of Google +1

Collection and transmission information: With the Google +1 button, you can publish information worldwide. With the Google +1 button yourself and other users get personalized content from Google and our partners. Google stores the information, that you gave +1, and also information about the website which you have visited while giving +1. You +1 ratings can be shown with your profile name and your profile photo within Google services, as f.e. search results, your Google profile or even on other pages and advertisements in the Internet. Google records the information about your +1 activities, to enhance the Google services for you and others. You need a public, worldwide visible Google profile with a public profile name to use the +1 functionality. This public profile name is used in all Google services. In some cases, this public profile name can replace another name, which you have used to share content from Google accounts. The identity of your Google profile can be displayed to users who know your email address or other identifying information of you.
Information usage: Aside from the intended purpose mentioned above, your provided information is used based on Google privacy policy agreements. Possibly Google publishes statistics on +1 activities of users, or pass them to partners and users, as f.e. publisher, advertisers and affiliate websites.

3.5. – Data Privacy Statement for the Usage of Twitter

On our webpage we have included functions from the web service Twitter. These functions are offered by  Twitter Inc., Twitter, Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the function ‘Re-Tweet’ your visited web pages will be joined with your Twitter account, and data will be transmitted to Twitter Inc. You can change your Twitter data privacy protection on your Twitter account settings https://twitter.com/settings/account

Article 4 – Liability

AQS has no responsibility or liability for the up-to-dateness, correctness, completeness or quality of the provided information  or any abuse of information. Any liability for financial, physical or immaterial damages from using or non-using AQS internet services are excluded generally. Insofar, any offers are without obligation and not binding. AQS is tries to offer a proper service at any time, but cannot guarantee for a nonstop and full accessibility of our service. A liability for technical breakdowns or submission problems is excluded. Same applies for force majeure or unauthorized intrusion by third parties to the technical resources of our webpage or those of our partners. AQS reserves the right to change, edit, delete or complete parts or the whole web service without special notice in advance. Also, the publication or the service can be temporarily or completely stopped.

AQS is not liable for unauthorized abuse of personal user data by third parties. AQS is not bound to check user submitted contents (text, pictures, data) on a regular basis, but reserves the right to change or delete contents (f.e. when misrepresentation and fraud are in evidence).

AQS is not responsible for direct or indirect references to external web pages (hyperlinks). If we are noticed that a hyperlink to a website with illegal contents exists, we will do all reasonable efforts to delete this hyperlink. We dissociate our services precautionary from all contents of linked web pages.

AQS is not liable for legal business and conclusion of contracts between users and third parties, based on the services of AQS. AQS is neither vicarious agent or employee of users.

Article 5 – Obligations of the User

The user assures to AQS, to having unlimited legal competency.

The user alone is responsible for all self-submitted information, and assures the trueness of this data. The user alone also is liable for any eventually required business registration. The user covenants himself to keep AQS free from any harm, damages, financial losses or claims which can occur by using the services of AQS. Especially, the user discharges AQS from any claims which can be done because of affronts, defamation, violation of personal rights, violation of immaterial goods, breakdown of services for other members, or other miscellaneous rights. This indemnification also applies to any costs for the defence of such claims.

The user agrees to not use AQS services abusive, particularly

  • to not spread defamatory or illegal information or content (f.e. pornographic, racist, inciting or obscene contents)
  • to not stalk, molest or threaten other users or  their rights and personal rights
  • to not intrude data into our software system with computer malware, viruses, spyware, or any copyright protected software
  • to not even try to capture other users emails and personal messages
  • to not send serial mails or chain letters with our messaging system

Important: Disrespecting the rules above can lead to the cancellation of all contracts without further notice, and can be prosecuted and sued civilly. AQS reserves the right to exclude uses spreading immoral, obscene, or radical political and religious contents and pictures.

Article 6  - Copyright Disclaimer

AQS strives to keep third parties rights in all Internet services. AQS reserves the copyrights for all self-produced content on its web pages. A duplication or usage of any content is only legal with written agreement from us.

Article 7 – Place of Jurisdiction, Severability Clause

For this Terms of Use as well as all other agreements of contract partners (users) with AQS, solely the law of the Federal Republic of Germany can be applied, even when the user regularly lives or is registered in another country/abroad.
For all claims and disputes based on the contract between AQS and the user, suit has to be brought to the competent county court of AQS. AQS is also legitimated, to sue at the competent county court of the user.
If some or all of this clauses/contract are now or later invalid, the validity of all other by-laws are not affected. An ineffective clause or a lacunae do not affect the effectiveness of the contract as a whole, or by-laws.The ineffective clause has to be replaced by relevant clauses then. Dissentient agreements of this contract always need a written confirmation (via letter, fax or email) of AQS.

Article 8 – Right of Revocation

The user can cancel the contract without stating any reason within two weeks by writing a letter or email to

AQUARIUM-SHOPS.COM
Email: service@aquarium-shops.com

The deadline starts one day after notification of this instruction. To keep the deadline, the just-in-time dispatch of the cancellation is sufficient. With effective cancellation, all benefits are reimbursed on both sides. Already received charged services have to be paid by the user.

Status: 1st October 2012