TERMS AND CONDITIONS OF WEBSITE USE
PLEASE READ THE TERMS AND CONDITIONS OF WEBSITE USE CAREFULLY BEFORE USING TACTICS DESIGN CORPORATION'S FISHTACTICS NETWORK WEBSITES - 'WWW.FISHTACTICS.COM' AND 'WWW.FISHINGDERBYONLINE.COM' WEBSITEs (THE 'WEBSITES'). ANY USE OF THESE WEBSITES OR THE MATERIALS OR ANY PORTION THEREOF OF THE WEBSITES SHALL BE GOVERNED BY THESE TERMS AND CONDITIONS OF WEBSITE USE. BY USING THE WEBSITES, YOU AGREEING TO BE BOUND BY ALL THESE TERMS AND CONDITIONS OF USE. IF YOU DISAGREE OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE DO NOT USE THESE WEBSITES.
TACTICS DESIGN CORPORATION RESERVES THE RIGHT AT ITS SOLE DISCRETION TO AMEND OR CHANGE THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH AMENDMENTS OR CHANGES SHALL BE EFFECTIVE AS OF THE DATE IN WHICH THEY ARE POSTED ON THE WEBSITE. YOU AGREE TO BE BOUND BY SUCH AMENDMENTS AND CHANGES MADE FROM TIME TO TIME AND YOUR CONTINUED USE OF THE WEBSITES SHALL CONSTITUTE AGREEMENT TO BE BOUND BY THESE REVISED TERMS AND CONDITIONS OF USE.
1. Purpose of the Websites
The purpose of these websites is to offer an online fishing community and fishing related services and is not intended to meet the needs of any particular user. The Websites are controlled and operated by Tactics Design Corporation from its offices within the Province of British Columbia, Canada. Tactics Design Corporation makes no representation that the Websites and Website Materials are appropriate or available for use in other locations. It is your responsibility to ensure that your use of the Websites are in compliance with local laws and the extent to which local laws are applicable.
2. Ownership of Websites and Website Materials
The Websites, their design, images, and content is owned, operated and is the exclusive property of Tactics Design Corporation and contains copyrighted material, trademarks, and other proprietary intellectual property. Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law as well as international copyright treaties and multilateral and bilateral agreements protect these Websites. Unauthorized reproduction of it, or any portion of it, may result in severe civil and criminal law penalties. Tactics Design Corporation shall enforce these intellectual property rights to the fullest extent of the law.
3. Right to Use Websites and Website Materials
You, as a user of these Websites, are entitled to use the Websites and Website Materials for the sole purpose of being a member of an online fishing community. The right to use the Websites and Website Materials shall not constitute any transfer of any right, title or interest in and to the Websites and Website Materials and such use shall not be considered as granting, directly or indirectly, any license to use the Websites or Website Materials for any other purpose for the user's benefit or the benefit of any third party without the express written consent of Tactics Design Corporation.
4. Restrictions on Use
No information or material from the Websites or Website Materials may be reproduced, redistributed, republished, uploaded, posted, transmitted in any manner whatsoever except for the purpose specified in 3 above.
You shall keep all trademarks, copyright and other proprietary notices or labels of the Websites and Website Materials intact.
You agree that you shall not acquire any right, title or interest in the Websites and Website Materials through use of the Websites and agrees to abide by copyright and other proprietary notices contained therein.
You agree not to copy, transfer, transmit, sublicense or assign this license or transmit the Websites or Website Materials over a network, by telephone or electronically using any other means.
You agree not to distribute to or otherwise disseminate through the Websites any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or solicitation for goods and services.
You agree that you are over the age of 18 or have obtained consent from your parent or legal guardian who accepts the terms of this agreement.
You agree by using the websites you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions contained within this Agreement.
5. Warranties and Representations
THE WEBSITES AND WEBSITE MATERIALS ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR USEAGE OF TRADE. THE ENTIRE RISK OF USE OF THE WEBSITES OR WEBSITE MATERIALS IS WITH YOU. TACTICS DESIGN CORPORATION DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE FUNCTIONS CONTAINED IN THE WEBSITES AND WEBSITE MATERIALS WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE WEBSITES OR WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT IN THE WEBSITES OR WEBSITE MATERIALS DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY TACTICS DESIGN CORPORATION OR BY A REPRESENTATIVE OF TACTICS DESIGN CORPORATION SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. TACTICS DESIGN CORPORATION DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF CORRECTNESS, ACCUARACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTION. SOME STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OF SUCH IMPLIED WARRANTIES.
TACTICS DESIGN CORPORATION DOES NOT WARRANT THE WEBSITES OR WEBSITE MATERIALS AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE WEBSITES AND WEBSITE MATERIALS DOES NOT INCLUDE ANY VIRUS TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
Tactics Design Corporation specifically disclaims any responsibility for the accuracy, content or availability of information found on websites that link with these Websites or from third parties websites.
6. Limitation of Liability
By using the Websites and Website Materials, you assume all liability and risk for use and absolve Tactics Design Corporation of any liability for use of the Websites and Website Materials. Tactics Design Corporation's entire liability and the user's entire remedy shall be a refund or to discontinue use of the Websites and Website Materials. In no event will Tactics Design Corporation's liability to you extend to any lost of profits, lost data, lost savings or other special, incidental, economic, indirect or consequential damages arising out of the use or inability to use the Websites or Website Materials, or for any claim by any other party, even if Tactics Design Corporation has been advised of the possibility of such damages.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL TACTICS DESIGN CORPORATION BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THESE WEBSITES. SOME STATES AND PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify Tactics Design Corporation from and against all claims, liability and expenses, including legal fees and costs arising from any unauthorized use of the Websites and Website Materials or from your breach of the Terms and Conditions of Use. You agree to notify Tactics Design Corporation immediately upon becoming aware of any unauthorized use of the Websites or Website Materials and take all reasonable steps to prevent subsequent unauthorized use. Tactics Design Corporation reserves the right, in its sole discretion and at its own expense, to defend any such action or claim and you agree to co-operate fully with any such defence.
8. Website Information
You authorize Tactics Design Corporation to collected information regarding your use of the Websites and to retain all such information. You also authorize Tactics Design Corporation to disclose all relevant information relating to your dealings with the Websites and Website Materials for any purpose whatsoever. Should you not wish to give such authorization, then you must notify Tactics Design Corporation to the contrary by emailing us at email@example.com. Notwithstanding such notification, Tactics Design Corporation reserves the right at all times to disclose such information about you or your use of the Websites and Website Materials necessary to meet any law, regulation, government request or court order. You acknowledge and agree that Tactics Design Corporation cannot ensure or guarantee your privacy on the Websites and as result any use of the Website shall be at your sole risk.
9. Content Posted on The Websites
You are solely responsible for the Content that you publish or display (hereinafter, 'post') on the www.fishtactics.com and www.fishingderbyonline.com service, or transmit to other FishTactics Network Members.
By posting content to any public area of www.fishtactics.com or fishingderbyonline.com, you automatically grant, and you represent and warrant that you have the right to grant to www.fishtactics.com, www.fishingderbyonline.com and other FishTactics Network Members, an irrevocable, perpetual, non-exclusive, worldwide license to use any uploaded content for personal non-profit use.
By posting content to any public area of www.fishtactics.com or fishingderbyonline.com, you automatically grant, and you represent and warrant that you have the right to grant, to www.fishtactics.com and www.fishingderbyonline.com the right to use all uploaded content for promotional use in any medium without www.fishtactics.com or fishingderbyonline.com providing any notice of use or compensation of any kind.
Tactics Design Corporation will investigate and take appropriate action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service, terminating the Membership of such violators, as well as other legal actions. It includes content that:
10. Member Disputes
You are solely responsible for your interactions with other FishTactics Network Members. Tactics Design Corporation reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Survival of Obligations
Your obligations pursuant to the provisions of 2,4, 6 and 7 survive the termination of these Terms and Conditions of Use.
Your right to use the Websites and Website Materials is subject to your continued compliance with these Terms and Conditions. This right shall terminated automatically without notice should you breach of these Terms and Conditions. In the event that these Terms and Conditions are terminated, you agree to destroy all materials obtained by you from the Websites and any and all copies thereof.
13. General Terms
Any disputes under these Terms and Conditions of Use shall be governed by the laws of the Province of British Columbia and laws of Canada where applicable, without giving effect to any conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of British Columbia and the Federal Court of Canada, or any other jurisdiction or courts as may be determined by Tactics Design Corporation.
These Terms and Conditions of Use and any directions, policies, rules or guidelines posted on the Websites shall constitute the entire agreement between you and Tactics Design Corporation.
Should Tactics Design Corporation waive a provision or right under the Agreement, such waiver does not constitute a waiver of any other provision of the Agreement or any subsequent waiver of a right or provision under this Agreement.
If any provision of this Agreement or any part of any provision of this Agreement is held by a court of competent jurisdiction, after appeals there from have been exhausted, to be unenforceable then the remainder of this Agreement shall continue to be of full force and effect.