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LEGAL

User Agreement

Last Updated: April 16, 2025

This User Agreement ("Agreement") governs your use of Bemzora.com (the "Service") provided by Bemzora ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by this Agreement, our Terms of Service, and our Privacy Policy. This Agreement incorporates requirements from Google Publisher Policies and applicable data protection laws. If you do not agree to these terms, please do not use the Service.

1. Acceptance of This Agreement

By accessing, browsing, or otherwise using Bemzora.com (the "Service"), you ("User" or "you") agree to be bound by this User Agreement ("Agreement") and all applicable policies and guidelines referenced herein. If you do not agree to any part of this Agreement, you must not access or use the Service.

This Agreement works in conjunction with our Terms of Service and Privacy Policy, which are incorporated herein by reference. In the event of any conflict, this User Agreement shall take precedence for matters specifically addressed herein.

2. User Eligibility

a. You must be at least 13 years old to use the Service. If you are under 18, you may use the Service only with the involvement of a parent or legal guardian.

b. By using the Service, you represent and warrant that you meet these eligibility requirements and that you have the legal capacity to enter into this Agreement.

c. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13 in compliance with the Children’s Online Privacy Protection Act (COPPA). If you believe a child under 13 has provided personal information, please contact us at [email protected] so we can delete it.

3. Responsible Use and User Conduct

By using the Service, you agree to the following conduct requirements:

a. You agree to use the Service responsibly and at your own risk. Aquarium guidance is general and may not apply to every species, tank, or local water condition.

b. You must not use the Service for any illegal, harmful, fraudulent, infringing, or unauthorized purpose.

c. You must not interfere with or disrupt the Service, its servers, or networks connected to the Service, including attempting to gain unauthorized access, introducing malware, or overloading the Service.

d. You must not use automated means (bots, scrapers, crawlers) to extract data from the Service without prior written permission.

e. You must not attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software used on the Service.

f. You must not circumvent, disable, or otherwise interfere with any security, authentication, or access-control mechanisms of the Service.

4. Prohibited Content and Activities

In compliance with Google Publisher Policies and applicable content guidelines, Users must not post, upload, link to, or otherwise make available ("submit") any content that:

a. Is illegal, promotes illegal activities, or infringes the legal rights of others (including intellectual property rights).

b. Contains defamatory, hateful, harassing, or bullying content targeting individuals or groups based on race, religion, disability, age, sexual orientation, gender, nationality, or other characteristics.

c. Promotes violence, self-harm, terrorism, or cruelty to animals.

d. Contains sexually explicit content, child sexual abuse material (CSAM), or content that sexualizes minors. Any such content will be removed immediately and reported to the National Center for Missing & Exploited Children (NCMEC).

e. Contains misleading or deceptive content, including disinformation, phishing, fake news, or "get-rich-quick" schemes.

f. Promotes or facilitates dishonest behavior, including forgery, academic dishonesty, hacking, or unauthorized surveillance.

g. Contains mail-order bride or paid companionship services.

h. Contains content that appears family-friendly but actually includes adult themes or inappropriate depictions of children’s characters.

i. Infringes the intellectual property rights of any party, including copyright, trademark, or trade secret violations.

j. Contains malware, spyware, or other malicious software.

k. Violates any applicable law or regulation.

5. User-Generated Content (UGC)

If the Service permits User-Generated Content (UGC) in the future (e.g., comments, reviews, forum posts), the following provisions apply:

a. Content Ownership: You retain ownership of any content you submit. By submitting content, you grant Bemzora a non-exclusive, worldwide, royalty-free, sublicensable license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service.

b. Content Moderation: Bemzora reserves the right (but not the obligation) to monitor, review, edit, or remove any UGC at any time without prior notice. We may use automated tools and human review to enforce this Agreement.

c. Reporting Mechanism: If you become aware of any UGC that violates this Agreement, please report it to [email protected]. We will review and take appropriate action, including content removal and user suspension, within a reasonable timeframe.

d. Takedown: Upon receiving a valid takedown notice (e.g., DMCA notice for copyright infringement), we will promptly remove the infringing content.

e. Enforcement: Violations of this Agreement may result in content removal, account suspension or termination, and, where appropriate, referral to law enforcement authorities.

f. No Liability for UGC: Bemzora is not liable for the accuracy, legality, or appropriateness of any UGC. Users are solely responsible for the content they submit.

6. Intellectual Property Rights

a. The Service and its original content, features, functionality, design, text, graphics, logos, and software are the exclusive property of Bemzora and its licensors. The "Bemzora" name and related marks are trademarks of Bemzora.

b. You agree not to reproduce, republish, redistribute, or otherwise exploit the content of the Service without prior written permission from Bemzora.

c. You agree not to use Bemzora’s trademarks in connection with any product or service without prior written consent.

d. If you believe content on the Service infringes your intellectual property rights, please submit a notice to [email protected] with the following: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing; (iii) your contact information; (iv) a statement that you have a good faith belief that the use is not authorized; and (v) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rights holder.

7. Third-Party Advertising and Cookies

a. The Service may display advertisements provided by third-party advertising partners, including Google AdSense. These third parties may use cookies, web beacons, and similar technologies to serve ads based on your prior visits to this and other websites.

b. Google’s use of advertising cookies enables it and its partners to serve ads to you based on your visits to this site and other sites on the Internet.

c. You may opt out of personalized advertising by visiting:

- Google My Ad Center (Personalization Off): https://myadcenter.google.com/personalizationoff

- Google Privacy & Terms (Partner Sites): https://policies.google.com/technologies/partner-sites

- Digital Advertising Alliance (DAA): optout.aboutads.info

- Network Advertising Initiative (NAI): optout.networkadvertising.org

d. You may also manage cookie preferences through your browser settings. Disabling cookies may affect some features of the Service.

e. We do not provide any personally identifiable information to Google or other advertising partners. We comply with Google’s policy regarding the transmission of personally identifiable information.

8. Advertising Behavior and Traffic Sources

In compliance with Google AdSense Program Policies, we and our Users agree to the following regarding advertising:

a. Users must not click on advertisements on the Service for any reason other than genuine interest in the advertised product or service.

b. Users must not use any means (manual or automated) to inflate ad impressions or clicks, including bots, scripts, or fraudulent software.

c. Users must not encourage or incentivize others to click on ads, including offering rewards or using attention-drawing graphics.

d. The Service must not display ads in pop-up windows, pop-unders, emails, or content-less pages.

e. The Service must not redirect users to unwanted websites, modify browser settings, or initiate file downloads.

f. Users must not generate traffic to the Service through paid-to-click programs, email spam, or unauthorized software applications.

9. Privacy and Data Protection

a. We respect your privacy and comply with applicable data protection laws, including the EU General Data Protection Regulation (GDPR), the UK GDPR and Data Protection Act 2018, the Brazil Lei Geral de Proteção de Dados (LGPD), and the California Consumer Privacy Act (CCPA/CPRA).

b. We do not collect personally identifiable information for behavioral profiling or personalized advertising.

c. We do not transmit personally identifiable information to Google or other advertising partners.

d. If we collect precise geolocation data in the future, we will obtain your explicit consent and disclose the purpose in our Privacy Policy.

e. For details on how we collect, use, and protect your data, please review our Privacy Policy.

10. Disclaimers and No Warranty

a. Bemzora is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

b. Bemzora provides informational content about home aquariums and fishkeeping for general educational purposes only. We do not sell livestock, equipment, or professional veterinary services. Content does not constitute professional veterinary or aquatic advice.

c. You acknowledge that live animals require appropriate care and that you are responsible for verifying any recommendation with a qualified source before acting.

d. We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected.

11. Limitation of Liability

a. In no event shall Bemzora, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your access to, use of, or inability to access or use the Service.

b. You are solely responsible for any decisions you make based on the content of the Service, and for the welfare of animals in your care. We are not liable for any harm to livestock, equipment, or property arising from the application of information found on the Service.

12. Indemnification

You agree to defend, indemnify, and hold Bemzora harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) resulting from your violation of this Agreement, your infringement of any third-party rights, or your submission of prohibited content.

13. Account Suspension and Termination

a. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including violation of this Agreement.

b. You may request deletion of your account at any time by contacting us at [email protected].

c. Upon termination, all licenses and rights granted to you under this Agreement will cease immediately.

d. Provisions that by their nature should survive termination shall survive, including intellectual property, disclaimers, indemnification, and limitation of liability.

14. Changes to This Agreement

a. We reserve the right to modify, amend, or replace this Agreement at any time at our sole discretion.

b. We will try to provide at least 30 days’ notice prior to any new Agreement taking effect by updating the "Last Updated" date and posting a notice on the Service.

c. Your continued use of the Service after the revisions become effective constitutes your acceptance of the revised Agreement.

15. Governing Law and Jurisdiction

a. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.

b. The courts of England and Wales shall have exclusive jurisdiction over any dispute arising from this Agreement. The designated courts are located in London, England.

c. If you access the Service from outside the United Kingdom, you do so at your own risk and are responsible for compliance with applicable local laws.

16. Entire Agreement

This Agreement, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Bemzora regarding the use of the Service and supersedes all prior agreements and understandings.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Contact Us

If you have any questions about this User Agreement, or wish to report a violation, please contact us at: [email protected]