Terms and Conditions

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These are the terms and conditions for:

https://tonicofthesea.co.uk

By accessing the Tonic of the Sea website, (hereby "Our Website”), you agree to be bound by these terms and conditions ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website. In these Terms, "we", "us", "our" and "Tonic of the Sea" refers to Tonic of the Sea and "you" and "your" refers to you, the user of Tonic of the Sea.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.

ACCEPTANCE OF TERMS

This Agreement sets forth legally binding terms for your use of Tonic of the Sea. By using Tonic of the Sea, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse Tonic of the Sea website) or you are a “User” (which means that you have registered on Tonic of the Sea as a user). If you do not accept the terms of this Agreement, you should leave Tonic of the Sea website immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Tonic of the Sea. You agree to be bound by any modification to this Agreement when you use Tonic of the Sea after any such modification is posted; it is therefore important that you review this Agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Company may, in its sole discretion, refuse to offer the platform to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the platform is revoked in such jurisdictions.

ELIGIBLITY

The use of this website for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform. It is the responsibility of parents and legal guardians to determine whether any of the content is appropriate for their child.

The website may not be available to any Users previously removed by Tonic of the Sea. By using the website, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

LICENSE TO USE THE PLATFORM

Tonic of the Sea gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Tonic of the Sea. This license is for the sole purpose of enabling you to enjoy the content as provided by Tonic of the Sea, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our website or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The User agrees not to use the platform negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Tonic of the Sea website or third parties.

ACCOUNT AND SECURITY

If you register on Tonic of the Sea website, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Tonic of the Sea of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Tonic of the Sea. Tonic of the Sea will not be liable for any loss or damage arising from your failure to comply with this Agreement.

ACCOUNT DELETION AND TERMINATION

The users may terminate their accounts any time, for any reason, by following the instructions on Tonic of the Sea. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Tonic of the Sea.

Tonic of the Sea reserves the right to terminate your Account or your access immediately, with or without notice to you, and without liability to you, if Tonic of the Sea believes that you have breached any of these terms, furnished Tonic of the Seas with false or misleading information, or interfered with use of the platform by others.

THIRD-PARTY MATERIALS

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

COPYRIGHT

All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Tonic of the Sea, its users, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Tonic of the Sea and protected by international copyright laws. All software used on this site is the property of Tonic of the Sea or its software suppliers and protected by international copyright laws.

You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site's content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.

COPYRIGHT COMPLAINTS

Tonic of the Sea respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Tonic of the Sea website infringe upon your copyright or other intellectual property right, please send the following information to:

Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
A statement specifically identifying the location of the infringing material, with enough detail that Tonic of the Sea may find it on the Tonic of the Sea Site. Please note: it is not sufficient to merely provide a top-level URL.
Your name, address, telephone number and e-mail address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

USER CONTENT

Certain features of the website may permit users to upload content, including social media posts and other content which may be comprised of messages, reviews, text, and other types of works (“User Content”) and to publish User Content on the website. You retain any Copyright that you may hold in the User Content that you post to the website. Nevertheless, we need certain permission from you in order to publish the content.

LICENSE GRANT TO TONIC OF THE SEA

By providing User Content to or via the Service, you grant Tonic of the Sea a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

USER CONTENT REPRESENTATIONS AND WARRANTIES

Tonic of the Sea disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Tonic of the Sea and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Tonic of the Sea, the Service, and these Terms.
Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Tonic of the Sea to violate any law or regulation.
Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.

USER CONTENT DISCLAIMER

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Tonic of the Sea may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Tonic of the Sea with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Tonic of the Sea does not permit copyright-infringing activities on the Service.

CONTENT REVIEW

Tonic of the Sea does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Tonic of the Sea reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Tonic of the Sea chooses to monitor the content, Tonic of the Sea still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

ACCURACY AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.

PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Tonic of the Sea or licensed to the Tonic of the Sea by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:

Use the website or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Tonic of the Sea.
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the website, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission.
Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep-link to any portion of the website for any purpose without our express written permission.
"Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Tonic of the Sea.
Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content.
Download any Content unless it’s expressly made available for download by Tonic of the Sea.

DISCLAIMER OF WARRANTIES

Tonic of the Sea will provide its services and content with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services or content.

Because of the nature of the Internet Tonic of the Sea provides and maintains The Website on an "as is", "as available" basis and makes no promise that use of The Website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our Website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use The Website in breach of these terms you will be liable to and will reimburse Tonic of the Sea for any loss or damage caused as a result.

Tonic of the Sea will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Tonic of the Sea excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Tonic of the Seas and Tonic of the Sea shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

Any incorrect or inaccurate information on Tonic of the Sea;
Any interruptions to or delays in updating Tonic of the Sea;
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of The Website or any product or service purchased through the website;
Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from The Website, or from transmissions via emails or attachments received from Tonic of the Sea.
All representations, warranties, conditions and other terms which but for this notice would have effect.

PROHIBITED ACTIVITIES

Tonic of the Sea contains Content of third-party licensors to Tonic of the Sea, which is protected by copyright, trademark, patent, trade secret and other laws. Tonic of the Sea owns and retains all rights, title and interest in the Content. Tonic of the Sea hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through Tonic of the Sea (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Tonic of the Sea and using the Service.

Any dealings with third parties included within or on Tonic of the Sea involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Tonic of the Sea is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Tonic of the Sea does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Tonic of the Sea or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Tonic of the Sea is provided to you for informational purposes only. Tonic of the Sea encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Tonic of the Sea works to ensure the information on Tonic of the Sea is current and accurate.

NON-COMMERCIAL USE

The use of the website may not be used in connection with any commercial purposes, except as specifically approved by Tonic of the Sea. Unauthorized framing of or linking to any of Tonic of the Sea is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.

SECURITY COMPONENTS

You understand that Tonic of the Sea and software embodied within Tonic of the Sea may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Tonic of the Sea and/or content providers who provide content to Tonic of the Sea platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Tonic of the Sea.

ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Tonic of the Sea for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

INDEMNIFICATION

You agree to defend and indemnify Tonic of the Sea from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the Tonic of the Sea website.

CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the Services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.

Our Privacy Policy is written according to the UK Data Protection Act and the GDPR (General Data Protection Regulation - European regulation).

ASSIGNMENT

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tonic of the Sea without restriction.

INTEGRATION CLAUSE

This Agreement together with the Privacy Policy and any other legal notices published by Tonic of the Sea, shall constitute the entire agreement between you and Tonic of the Sea concerning and governs your use of the platform and website.

DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Tonic of the Sea website, will be settled by binding arbitration between you and Tonic of the Sea, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Tonic of the Sea are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Tonic of the Sea otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

FINAL PROVISIONS

These Terms are governed by the law of The United Kingdom. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.