Terms of Use

11111This term of use defines the rules for using Phofish website, (http://www.phofish.com) called PHOFISH, a service offered to USERS who access it through the internet. PHOFISH services are exclusively offered within the PHOFISH.com domain and depend directly on the agreement to this term. In using PHOFISH, USERS are deemed to have read and agreed to the following terms of use:



1. Offered Services




PHOFISH to USERS: access to the available content published by other USERS, with their consent, as well as resources such as search, automatic system of content publishing, personal information area, etc.



2. Access to Content



2.1. All sections provide free content and can be accessed by all PHOFISH visitors as long as they are allowed to by another user.



2.2. Some available resources at PHOFISH demand users' free registration before use , such as : Send photo(s), Send sound, etc.



3. Use of available content on PHOFISH



3.1. The services offered by PHOFISH described at 2 above are for personal use only. Any kind of commercialization of the services or content offered by PHOFISH is expressly prohibited as it is prohibited for any individual or legal entity to reproduce or retransmit the content through any means.



3.2 PHOFISH understands that the content available on PHOFISH is not necessarily presented in its finished and ready to use format. Thus one should always carefully analyze its form, spelling, utility, and doctrinal basis, taking the risk of its use. The use of this content, within ethical standards and judgment, surely enriches and facilitates the development of searches, but it does not substitute the guidance of a qualified professional in the field.




4. Users' Responsibilities




4.1. USERS are responsible for all the equipment and computer programs to use the services, as well as the internet access costs (dialed access, broadband, etc) and damage caused to their equipment arising from misuse of any software/hardware or technical failures in their ISP.



4.2. PHOFISH is not directly or indirectly liable for any damage and/or loss arising out or in connection to the use of the files available for download on the website, including damage caused by computer viruses and the like.



4.3. Technical assistance services of any kind are not part of the services offered by PHOFISH.



4.4. PHOFISH is committed to provide corrected and updated personal data, which is required from users at registration for the use of the services defined at 1 in this term of use. In case PHOFISH provides incorrect, incomplete or outdated data, it reserves the right to cancel the register of that USER without notice.



4.5. The access to content password is for personal use and USERS must keep it secret. In case of misuse of this password by a third party, the USER must immediately inform PHOFISH. The USER is liable for any damage and/or loss which the misuse of the password may cause due to negligence.



4.6. In order to ensure safety ( in case of access of PHOFISH though public use computers in colleges, offices, etc ), USERS should click the "exit" link, located in the upper right-hand corner of all PHOFISH pages, which disconnects USERS of their areas on PHOFISH , preventing third parties from using that password.




5. New User Registration




5.1. Registration is necessary for the use of some resources and services available in the sections described in 1 above. REGISTRATION is free, personal and non transferable. It should be made through the correct completion of the existing form and has indefinite duration. It can also be cancelled at any time by the USER, without any cost to the parties. The personal information provided by USERS at registration is not divulged to third parties, according to the Privacy Policy.



5.2. Users identification (login) is necessary to access the sections described at 2.3 and 2.4 above. For identification it is necessary for users to use their PHOFISH login and password provided at registration.




6. Privacy Policy




The Privacy Policy defines the treatment PHOFISH gives to personal information provided by users of its resources and services. It is defined on the Privacy Policy page and may be altered regularly.




7. Rules for content publishing




7.1. The publishing of content sent by users to PHOFISH is totally free of charge.



7.2. On sending material for publication, USERS are totally responsible for the published material and indemnify PHOFISH against any loss or damages. PHOFISH acts only as a medium for publishing content.



7.3. USERS understand that the content they publish will be available to all PHOFISH visitors, if they wish, or only to those allowed to follow them, without any cost to the parties at any time. Likewise, USERS are allowed to request the exclusion of the content they publish from PHOFISH, without cost, at any time.



7.4. PHOFISH cannot be directly or indirectly liable for republishing, modification, total or partial copying, re-exhibition, retransmission, publishing or creation of content derived from the content published by third parties who do not have express consent from the respective authors.



7.5. As a means of communication, PHOFISH expressly defends the Copyright and Intellectual Property Laws. However, content may be sent to PHOFISH by users who falsely claim to be its authors, which is considered crime of forgery. Due to internet features, PHOFISH cannot ensure the total veracity of the information given by users under such circumstances. In case the author of content published on PHOFISH suspects their material has been unduly sent to the site or has been totally or partially reproduced by third parties, they should immediately contact PHOFISH, which will remove the content from the site and make the necessary arrangements.



7.6. On PHOFISH USERS can find an open space for all registered users to publish their comments on certain contents from the Photo and Sounds sections. Nevertheless, the site will not allow opinions reflecting offensive, racist, discriminatory or pornographic ideas, as well as those against the planet's biodiversity or harmful to animals. PHOFISH reserves the right to not publish or to exclude opinions which do not agree to these rules.



7.7. USERS may at any time request the exclusion of any of their contents published on PHOFISH, without any cost, only by contacting the website.



7.8. The space for publishing material concerning animals should only be used to publish photos, sound files and texts about FREE animals. By free animals we mean those which are not in captivity, zoos or theme parks, or which are in their natural habitat. PHOFISH has the right to not publish or exclude material which does not conform to these rules.



8. Copyright and Intellectual Property Laws



8.1. Every content including texts, photos, sound and information sent to or made available by USERS on any section of the site belongs to the USERS who have sent it and are under their responsibility. PHOFISH, USERS sending content and users accessing it are equally exempt from any cost arising from this service.



8.2. All trademarks, symbols, logos or software mentioned on PHOFISH pages belong to their respective legal owners and are protected by the Intellectual Property Law.


8.3. The user authorizes the photos posted on website and app, are republished on social networks phofish.




9. Rescission of users' register




Users may at any time discontinue the use of the services offered by PHOFISH as well as their user register, without any cost to the parties. For such they should only contact PHOFISH and request the cancellation




10. Final Provisions




10.1. Websites or any content and/or services provided by third parties which USERS find linked to from the SITES section on PHOFISH are exclusively under their owners' responsibility. PHOFISH does not keep, monitor or have any relationship with such sites, services and/or products linked to from us either in Brazil or abroad. PHOFISH is therefore not liable for loss or damage caused by the use of those services.



10.2. Opinions expressed through Comments, Articles and Texts are respected, but not necessarily endorsed or shared by PHOFISH.



10.3 On publishing any content at PHOFISH, USERS agree that PHOFISH may run paid advertisement through banners or other advertising for commercial purposes, without any cost to the parties.



10.4 PHOFISH will not send USERS any kind of message which is not exclusively in connection with to the use of services by USERS, for instance confirmation of new users registration, content publishing, etc. PHOFISH is against SPAM practice (sending of unsolicited messages) and no individual or legal entity is authorized to send any message using PHOFISH name, under any heading.



10.5. USERS are aware that services provided free of charge may at any time be altered, suspended or discontinued as seen fit by PHOFISH, without any cost or obligation to the parties.


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