Terms and Conditions
Last Modified: 22 October 2015
1. Your Acceptance
OUR SITE IS A FREE NEUTRAL PLATFORM THAT PROVIDES ANGLERS WITH LOCATION BASED WEATHER INFORMATION, A POINT OF INTEREST FINDER FOR TACKLE STORES, BOAT RAMPS AND OTHER RELATED FISHING LANDMARKS, INTERACTIVE MAPS ALLOWING THE USER TO EXPLORE FISHING AREAS. WEATHER DATA IS SUPPLIED BY THE BUREAU OF METEOROLOGY (BOM) AND THE COMMONWEALTH SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANISATION (CSIRO), WHICH ARE BOTH AUSTRALIAN GOVERNMENT ORGANIZATIONS AND THE PHYSICAL OCEANOGRAPHY DISTRIBUTED ACTIVE ARCHIVE CENTER. WEATHER FORECASTING IS AN IMPRECISE SCIENCE; UNFORESEEN FACTORS CAN QUICKLY CHANGE WEATHER TO BE QUITE DIFFERENT FROM THE PUBLISHED FORECAST. TIDE PREDICTIONS SHALL NOT BE USED FOR NAVIGATIONAL PURPOSES. WE ARE NOT A PARTY TO ANY FORECASTS, REVIEWS, AND ACTIONS OF THE SITE USERS. THEREFORE, WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT AND USERS’ ACTIONS. OUR ONLINE VENUE IS PROVIDED TO BE USED AT YOUR OWN RISK, WITH NO WARRANTIES OF ANY KIND.
3. Intellectual Property
- IP Ownership. We own all intellectual property rights to the Site. Site features, look and feel, design, charts, graphics, registered and unregistered trademarks are protected by Australian and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
- User Content. All user submitted content (e.g. forum posts) remains responsibility of the originator of the content. By submitting any content to the Site you hereby grant us a nonexclusive worldwide license to reproduce, use, display, perform, distribute, and create derivative works based upon your content for the purposes of developing and promoting the Site in any reasonable manner we deem appropriate.
- Takedown Requests. We respect the intellectual property rights of others and require our users to do the same. All claims of copyright infringement committed using our Site will be investigated if reported to our designated Copyright Agent via email: firstname.lastname@example.org.
- If we believe that any posted material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.
- Indemnification. You agree to defend, indemnify and hold harmless the Site, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms and Conditions or your use of the Site, including, without limitation, any content submitted by you.
4. Your Obligations
By accessing the Site, you represent, warrant and agree that:
- You are solely responsible for all the content you submit to or through the Site. Your content will not contain false, misleading or defamatory information.
- We may terminate any user account with or without notice using our sole reasonable discretion.
- You will treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- You will treat all Site users and administrators respectfully, online and offline.
- We may withdraw or change our Site in any way we deem appropriate without prior notice to you. We are not be liable if for any reason all or any part of the Site is unavailable at any time or for any period to registered users or visitors.
- We have the right to disable any user identification provided by our Site and disable your whole account on our Site at any time for any reason or no reason without notice or explanation.
5. Prohibited Conduct
You must not:
- Use the Site for any illegal purpose, upload, post, link to, copy or republish copyrighted material without permission from the rights holder.
- Violate any laws, rules and regulations concerning fishing, catch limits, access to protected areas, holding a valid fishing license, etc. It is your sole responsibility to verify information contained on this Site prior to relying on it because all information is provided with no warranty for accuracy or any other warranty. We will, thus, not be liable for your failure to comply with any applicable laws and regulations.
- Use the Site, any link or information provided on the Site for commercial purposes.
- Post or transmit to other users any defamatory, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or objectionable content. We reserve the right to judge what constitutes “objectionable” content.
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of this Site for any purpose without our express prior written permission.
- Scrape or copy any Site content without our express prior written permission.
- Impersonate any other person or entity.
- Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication without our prior written consent.
- Access the Site to build a competing service.
- Introduce any viruses or other harmful material, use any device, software or routine that interferes with the proper working of the Site.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Otherwise attempt to interfere with the proper working of the Site or anyone’s use and enjoyment of it.
6. Monitoring and Enforcement; Termination
We have the right to take any action that we deem necessary or appropriate if we believe that a user violates the Terms and Conditions, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:
- Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms and Conditions.
- Block violator’s IP address and/or notify his or her Internet Site Provider.
- Take appropriate legal action.
7. Disclaimer of Warranty
- YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF SELLERABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- We do not guarantee that the information provided on the Site is complete, accurate or up-to-date. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the safety of your personal information, anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.
8. Limitation of Liability
IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR MAXIMUM LIABILITY EXCEED ONE HUNDRED AUSTRALIAN DOLLARS. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION.
9. Linking to the Site
- You may link to our Site in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- You cannot frame our Site on any other site.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
- You indemnify us against any liability, loss or damages we may suffer as a result of your link(s).
10. Disputes Between Users
As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions. Therefore, you are solely responsible for your interactions and disputes with other users. We reserve the right, but have no obligation, to facilitate and resolve disputes between Site users.
You may not assign your rights and obligations under these Terms and Conditions without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.
12. Severability and Non-Waiver
- Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
13. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the State of Victoria, Australia. You agree that any dispute or legal proceeding in relation to this Site shall be brought exclusively in the courts located in Melbourne, Australia.
14. Changes to the Terms and Conditions
We update these Terms and Conditions every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms and Conditions constitutes your acceptance of the changes.
All feedback, comments, requests for technical support and other communications relating to the Site should be directed to our customer service representative at email@example.com