Terms and Conditions - World Fishing Network

Terms and Conditions

Posted Mar 13, 2013 5:42 PM | 

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Introduction

These terms and conditions of use (“Terms and Conditions”) apply to World Fishing Network LLC and all of its divisions, subsidiaries, and affiliates (collectively “WFN”) owned or operated Internet sites which reference these Terms and Conditions (each a “WFN Site” and collectively the “WFN Sites”). You can reach WFN at: 60 St Clair Ave. East, Suite 400, Toronto, ON, CANADA M4T 1N5 or 11203 E. Peakview Ave., Suite 200, Centennial, CO 80111 or by email at info@worldfishingnetwork.com.

Your access or use of any WFN Site indicates your understanding of and agreement to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use a WFN Site.

Please note that WFN reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions. Changes will be effective when posted on a WFN Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of a WFN Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.

Privacy

For information on how user information is collected, used and disclosed by us in connection with your use of a WFN Site and any of the services provided by WFN, please consult our Privacy Policy.

Registration, Accounts and Passwords

Certain of the services and related features that may be made available on a WFN Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a WFN Site and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account. If you are under the age of majority in your State or Province of residence, you may use a WFN Site only with the involvement of a parent or guardian

Trademarks, Copyrights and Ownership

All of the names, titles, logos, and designs on a WFN Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of WFN. All other names, titles, logos and designs appearing on a WFN Site are the property of their respective owners. Any use of any trade-marks appearing on a WFN Site without the express written consent of the owner of the trade-mark is strictly prohibited.

WFN Sites contain copyrighted material, trade-marks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the “Content”) and the entire contents of a WFN Site are also protected by copyright as a collective work and/or compilation under applicable copyright laws. WFN owns the copyright in the Content original to us and in our selection, coordination, arrangement and enhancement of the Content.

WFN authorizes you to access Content and grants you the right to use the WFN Site solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever, however WFN neither warrants or represents that your use of the Content will not infringe rights of third parties not affiliated with WFN. You must not alter, delete or conceal any copyright or other notices contained on a WFN Site, including notices on any Content you download, transmit, display, print or reproduce from the WFN Site. Unless WFN explicitly and specifically notifies you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise use, any Content without the express prior written consent of WFN. Any unauthorized or prohibited use of any Content, including use in contravention these Terms and Conditions, may subject you to civil liability, criminal prosecution, or both.

You may not use any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract or download any Content from a WFN Site, unless you are expressly authorized to do so by WFN. As an express condition of your use of this WFN Site, you warrant to WFN that you will not use this WFN Site for any unlawful purpose or purpose prohibited by these Terms and Conditions. If you violate any part of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. WFN makes no representation that any Content is legal or appropriate for use outside of Canada or the United States or that it is authorized for export from Canada or the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of Canada and the United States from which you may access this WFN Site.

Web Communities, Forums and Posting

This WFN Site contains forum services, web communities, and/or other message and communication facilities (“Communities”) that provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users and/or with us and these are referred to in this Agreement as a “Post” or “Posting”. In particular, users, members, ambassadors and professionals of experts (as each of such categories are explained in more detail on this WFN Site) may contribute Postings to this WFN Site. Your use of the Communities on this WFN Site is subject to the following additional terms and conditions:

  1. WFN reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that WFN, in its sole and absolute discretion, deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, WFN shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.
  2. You use the Communities solely at your own risk and WFN neither endorses nor controls user Postings available, delivered or displayed in the Communities and WFN assumes no duty to monitor or endorse Postings within the Communities, nor does WFN represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with these Terms and Conditions and you should never rely upon any Posting as being true, accurate or reliable.
  3. You understand, acknowledge and agree that Postings originating from any user account are the sole responsibility of the individual associated with that account. This means that you, and not WFN, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on any WFN Site. Postings do not reflect the views of WFN. In no event shall WFN have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if WFN determines, in its sole and absolute discretion and judgment, that any Posting does or may violate any of these Terms and Conditions, it reserves the right, at any time and without limiting any and all other rights we may have under these Terms and Conditions, at law or in equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings; (iii) revoke your right to use the Communities and this or any other WFN Site; and/or (iv) use any technological, legal, operational or other means available to it to enforce the provisions of these Terms and Conditions, including, without limitation, blocking specific IP addresses or deactivating your account and/or the Communities.
  4. If a Posting originates from you or your account, you hereby agree that:
    1. you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize WFN to use such Posting in whole or in part, throughout the universe in perpetuity, and you are automatically granting WFN a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;
    2. you represent and warrant that (a) the Posting is original to you or fully cleared for use as contemplated herein, (b) the Posting does not and will not, in any way, violate or breach any of these Terms and Conditions, (b) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (c) the Posting is not obscene, objectionable (as determined by WFN in its sole discretion) or in any other manner unlawful, (d) the Posting shall not be damaging or injurious to WFN, any affiliates of WFN or any user, and (e) WFN shall not be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Posting;
    3. if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and have the right to and hereby grant WFN the right to use such Posting as described above; and
    4. WFN has the right to delete, re-format and/or change your Posting in any manner that it may determine (although you will not be responsible for any such changes made).
  5. You understand, acknowledge and agree that WFN assumes no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
  6. If you believe that any Content on this WFN Site (including, without limitation, Postings) violates any of these Terms and Conditions please send us an email message about it. WFN cannot guarantee that it will respond to your message and it reserves the right to take or refrain from taking any or all steps available to it once it receives any such message.

User Conduct

In consideration of the availability and your use of a WFN Site, you agree to comply with all applicable laws and these Terms and Conditions when using such site. You acknowledge that WFN may investigate any violations of law and these Terms and Conditions and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

  1. post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use a WFN Site in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying a WFN Site or the Internet;
  2. send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, so-called “spamming” and “phishing” or any other illegal activity;
  3. use a WFN Site for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
  4. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  5. post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
  6. post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
  7. gain unauthorized access to a WFN Site, other users’ accounts, names, personally identifiable information or other computers, websites or pages, connected or linked to this WFN Site or to use this WFN Site in any manner which violates or is inconsistent with these Terms and Conditions;
  8. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of this WFN Site; or
  9. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of this WFN Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

Accuracy, Completeness and Timeliness of Information

Both WFN and third parties may contribute Content and information to this WFN Site. WFN is not responsible if Content or information made available on this WFN Site is not accurate, complete or current. The Content and information on this WFN Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources. Any reliance on the Content or information on this WFN Site is at your own risk.

Responsibility for Minors

In cases where you have authorized a minor to use a WFN Site, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of such site or service; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of a WFN Site may contain material that is inappropriate for minors.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THIS WFN SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WFN MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) WFN SPECIFICALLY MAKES NO WARRANTIES THAT A WFN SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A WFN SITE WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICE(S) OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Professional Information Disclaimer

This WFN Site may make available certain information provided by third parties related to various professional fields, including without limitation, gear reviews and travel and lodging information (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific product or course of action. Use of a WFN Site does not replace consultations with a qualified professionals. In addition, while the Professional Information is frequently updated, this information changes rapidly and, therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that WFN, including without limitation its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Professional Information.

Monitoring

You acknowledge that WFN has no obligation to monitor a WFN Site or any Content accessible through a WFN Site. However, you agree that WFN has the right to monitor a WFN Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a WFN Site or to protect itself or its users and customers in accordance with the WFN Privacy Policy.

Downloads and Shareware

Certain WFN Sites may allow you to download software applications or other forms of Content, including without limitation files, images and/or data incorporated therein (collectively, the “Software”). The Software is made available to you by WFN or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by WFN or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that WFN or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that WFN, including without limitation its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, the Software, including without limitation the failure of the Software to meet your needs, standards, expectations or specifications.

Content Linked To A WFN Site

Please exercise discretion while browsing the internet. A WFN Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under WFN’s control, and WFN is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Unless otherwise expressly provided, WFN makes no representation or warranty regarding, and does not endorse, any Linked Site or the information, products or services appearing thereon. Accordingly, you agree that WFN will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a WFN Site.

Dealing With Third Parties

You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants, advertisers or service providers, found on or through a WFN Site, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. WFN assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that WFN shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

Contests and Promotions

From time to time, WFN and its affiliate may conduct promotions on or through this WFN Site, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have additional terms and/or rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms and Conditions.

Indemnification

You agree to defend, indemnify and hold harmless each of WFN, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a WFN Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions (including without limitation with respect to your Posting(s)); (b) your access to or use of a WFN Site or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a WFN Site. You shall use your best efforts to cooperate with us in the defense of any claim. WFN reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WFN, INCLUDING WITHOUT LIMITATION ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WFN HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A WFN SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A WFN SITE OR ANY OF THE SERVICES.

You expressly acknowledge that WFN has entered into this agreement, and has or may make a WFN Site and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and WFN. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

Governing Law / Jurisdictional Issues

These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.

Arbitration and Actions

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, WFN reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Termination

You acknowledge and agree that WFN, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of or access to a WFN Site, and remove and discard any information or Content related to an WFN Site for any reason, including where WFN believes that you have violated any of these Terms and Conditions. You further agree that WFN shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a WFN Site or with any terms, conditions, rules, policies, guidelines, or practices of WFN in operating a WFN Site, your sole and exclusive remedy is to discontinue using the WFN Site or service.

Submission Of Ideas and/or Suggestions

WFN is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, WFN would like to hear them – but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO WFN (including but not limited to programming development ideas) BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO WFN, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO WFN THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT WFN IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY WFN, WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY THIRD PARTY.

General Provisions

This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between WFN and you pertaining to your use of a WFN Site and supersedes any prior agreements between you and WFN with respect to the subject matter hereof. WFN’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.