Discus.com Terms of Service

User Agreement

Last Updated: January, 2019

Welcome to discus.com, a division of FloraFauna LLC. (together with its subsidiaries and affiliates, “discus.com” or “we” or “us”). By visiting discus.com (the “Site”), you agree to be bound by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time and will make the most recent version available on the Site. By using this Site and continuing to use the Site after any modifications, you agree to the terms and to be bound by any such changes.

Personal Use Only: This Site is for your personal use only. Commercial use of the Site or of any Site content is prohibited.

Children: The Site is intended for the use of adults 18 years or older and children over the age of 6. You are not permitted to use the Site if you are under the age of 6. By using the Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 6 in accessing the Site or to attempt to contact children under 6 through the Site.

Copyrights: All content, applications, digital downloads, data compilations on the Site and all text, photographs, graphics, video and audio included in them (“Site Materials”) are the property of or licensed to discus, LLC. The Site contain material that is protected by copyright, trademark, or other intellectual property rights, and the Site themselves are protected as a collective work under the copyright laws of the United States and other countries. Except for User Content (defined under User Content section below) that you own, you may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site Materials.

Trademarks: The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of discus.com and of discus.com’s licensors. You may not use the Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the Site without express, written consent by discus.com. You may not use metatags or any other “hidden text” that incorporates the discus.com Trademarks or our name without our express written consent.

User Content: By submitting content, regardless of form or medium, (collectively, “User Content”), you grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, license to use, publish, publicly display and sublicense User Content, in whole or in part, in original form or as edited or modified by us, in all languages, forms and media, on the Site and elsewhere, unless otherwise agreed to in writing. We reserve the right, but not the obligation, to edit, modify and/or remove your Content without prior notice.

You are solely responsible for your User Content, and you represent that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) use a false identity or impersonate any other person or use a name that you are not authorized to use; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability or is otherwise inappropriate.

Reporting to Copyright Agent: If you are a copyright owner or agent thereof and believe that any of the Site Materials infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) a statement by you 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 by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DISCLAIMERS; LIMITATIONS ON LIABILITY. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ALL INFORMATION ON THE SITES AND/OR INCLUDED IN E-MAILS DISTRIBUTED TO YOU BY US IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL discus.com OR discusFish BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Linked Site: We do not endorse and are not responsible for the availability or content of other services that may be linked to our Site.

Waiver of Jury Trial: The parties hereby irrevocably waive any and all right to trial by jury in any legal proceedings arising from or relating to these Terms and Conditions.

Choice of Law and Forum: Any dispute between us arising from or related to these Terms and Conditions will be governed by New York law and the exclusive forum for disputes arising from or related to this agreement shall be the state and federal courts of New York.

Severability: If any provision of this Agreement is ruled unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable.