TERMS AND CONDITIONS OF USE
1. ACCEPTANCE OF TERMS
Fish & Fly Ltd ("Fish & Fly Ltd") brings you this website ("Website") on condition you accept the following terms and conditions ("Terms and Conditions"). Your use of this Website constitutes your agreement to all such terms, conditions and notices. This Website contains links to other websites operated by Fish & Fly Ltd (the "Fish & Fly Ltd Sites"), and your use of each Fish & Fly Ltd Site is also subject to the Terms and Conditions of Use and other terms and conditions, if any, contained within each Fish & Fly Ltd Site.
All Website design, text, graphics, and the selection and arrangement thereof, and all source code and all other material on this Website are copyright Fish & Fly Ltd or its content providers, unless otherwise expressly indicated. All rights reserved. You are permitted to print or download extracts from this material for your personal use only. None of this material may be used for any commercial or public use. No part of the Website or any material appearing on the Website may be reproduced or stored in or transmitted to any other web site. No material appearing on the Website may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of Fish & Fly Ltd. Any other use of the material and content of the Website is strictly prohibited. You agree that you will not (and will not assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
3. CONTENT SUBMITTED TO THE WEBSITE
You acknowledge that Fish & Fly Ltd does not always monitor Content (as defined below) submitted by users, but that Fish & Fly Ltd shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Website. Without limiting the foregoing, Fish & Fly Ltd shall have the right to remove any Content that violates the Terms and Conditions of Use or is in any other way inappropriate or objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You may not submit third party proprietary information to Fish & Fly Ltd without first obtaining permission from the owner. Any Content provided by you by, for example, posting messages to bulletin boards or chat forums, uploading files, inputting data, or engaging in any other form of communication through this Website, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, world-wide licence allowing Fish & Fly Ltd to use, distribute, copy, sub-license, adapt, transmit, publicly perform or display any such content. You agree to irrevocably and unconditionally waive on your behalf in perpetuity in respect of such Content the benefit of any provision of law known as moral rights of authors or any similar law in any country.
3.1 CONTENT SUBMITTED TO READER GALLERIES AND PORTFOLIOS
By posting your photographs on the Gallery section of this Website you grant Fish & Fly Ltd an irrevocable, royalty free, non-exclusive, worldwide license allowing Fish & Fly Ltd to display your work on this Website. Fish & Fly Ltd undertakes not to publish your images outside of this Website and/or related Newsletters without obtaining your permission first.
4. LINK TO THIRD PARTIES
This Website and the Fish & Fly Ltd Sites may contain links to websites operated by parties other than Fish & Fly Ltd. Such links are provided for your convenience only. Fish & Fly Ltd does not control such websites, and is not responsible for their contents. Fish & Fly Ltd's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. For example, users may be able to buy goods and services via the Website, some of which may be through third party retailers who link to the Website. Users may also enter into correspondence with or participate in promotions of advertisers on the Website. Fish & Fly Ltd in no way endorses these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. Fish & Fly Ltd assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.
5. MEMBER CONDUCT
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Fish & Fly Ltd, are entirely responsible for all Content that you upload to, post on or otherwise transmit via this Website. Fish & Fly Ltd does not control all the Content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable.
You further understand that this Website contains or will contain bulletin boards, chat areas, review sections and other interactive areas, and you agree to use the Website in a way that is proper and related to the Website. For example, you agree that when using the Website you will not:
• Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, or invasive of another's privacy.
• Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or any Content (or use the Website in any manner) which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
• Upload, post or otherwise transmit any Content that contains any patent, trademark, copyright or other intellectual property rights of any party, unless you own or control the rights thereto or have received all necessary permissions.
• Upload, post or otherwise transmit any material that contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of any Fish & Fly Ltd Site or any servers or networks connected to such Fish & Fly Ltd Site or another's computer, or any chain letters, pyramid-selling schemes, bulk mail or mails bombs or other such programs.
• Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
• Restrict or in any way inhibit any other user from using the Website.
• Use the Website in a manner that is inconsistent with these Terms and Conditions and/or not in accordance with all relevant laws and regulations or for any illegal purpose.
6. FORUM POSTING/MEMBERSHIP RULES
It is a condition of membership of our forums that you do not;
1. Post or transmit anything unlawful, threatening, abusive, harassing, libellous, threatening, offensive, defamatory, vulgar, obscene, indecent, of a bickering nature or invasive of a member’s or of the Admin teams privacy. Posts should not be inflammatory or discriminate on race, sex, religion, nationality, disability or race. This includes without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
Persistent posting of an irrelevant, disruptive or fragmented nature may result in the expulsion of any member, and the decision as to what may or may not be deemed irrelevant, disruptive or fragmented will be that of the administrators.
2. Download any file posted by any other user if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
3. Post all or part of any private message or e mail without the prior agreement of both the sender and the recipient or disclose any member’s private contact details without prior agreement.
4. Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder.
5. Post or transmit any material of any kind which contains a virus or other harmful component.
6. Have more than one FishingMagic membership valid at any one time. In the event more than one name is registered we will remove both until a reasonable explanation is provided.
7. Make any commercial posts of any nature on any fishingmagic.com forum. Before businesses and other profit making organisations can make commercial posts they must first register as Forum Business Members. Only business members are allowed to have business related usernames on the forum.
The sale of a Member’s own personal fishing related items can be made within the Private Classifieds once 30 posts have been made within the other forums. No private sales posts are allowed in any other forum. Please do not post for sale on any forum any items that are counterfeit or may infringe on patents or intellectual property rights.
If you see any posts in breach of these rules please report these via the report abuse button on the forums.
In the event you have any complaints or suggestions regarding the management/moderation of the Fly Fishing Forums these should in the first instance be sent to email@example.com and not posted on the Forums. These will be given due consideration and if appropriate will be posted on the Forums by our Administration for discussion.
For issues relating to moderation please send these, in the first instance, via private message to Admin and do not post on the forums as the posts will be removed.
1. All messages express the views of the author, and neither the owners of these forums, Fish and Fly Ltd. nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.
2. The owners Fish and Fly Ltd and all moderators of Fishing Magic (fishingmagic.com) reserve the right to remove, edit, move or close any thread for any reason and to cancel the registration of any registrant for any reason whatsoever and without notification.
3. Breaches of the above rules and policies may result in your membership being terminated.
Please show respect for your fellow anglers at all times on the forums.
The owners Fish and Fly Ltd and all moderators of Fishing Magic (fishingmagic.com) reserve the right to remove, edit, move or close any thread for any reason and to cancel the registration of any registrant for any reason whatsoever and without notification.
You agree that you do not object to Fish & Fly Ltd or such third parties contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
8. DISCLAIMER / LIABILITY
Use of the Website and the facilities thereon, and any material or information obtained from this Website is at your own risk, and Fish & Fly Ltd hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, expressed or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In addition, Fish & Fly Ltd shall not be responsible for the failure of performance of this Website and/or the software used thereon; the loss of data or services resulting from delays, non-deliveries, or service interruption; the accuracy, quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this Website.
In relation to Content uploaded by users, Fish & Fly Ltd shall not be responsible for any such Content posted by users in chat rooms or other community areas. All such Content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of Fish & Fly Ltd.
Notwithstanding any other provision in these Terms and Conditions, nothing herein shall limit your rights as a consumer under English law. Fish & Fly Ltd will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website, or products or services offered on the Website, whether by Fish & Fly Ltd or on its behalf, for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect or consequential losses;
in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred. Nothing in these Terms and Conditions shall exclude or limit Fish & Fly Ltd's liability for death or personal injury resulting from the negligence of Fish & Fly Ltd or that of its servants, agents or employees. You agree to indemnify Fish & Fly Ltd in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement, or arising out of your use of any of the Fish & Fly Ltd Sites.
9. ACCESS RESTRICTION
Fish & Fly Ltd reserves the right to deny in its sole discretion any user access to this Website or any other Fish & Fly Ltd Site, or any portion thereof, without notice. Fish & Fly Ltd also reserves the right to remove any Content that it deems in its sole discretion to be unacceptable, undesirable or in violation of these Terms and Conditions.
10. ONLINE COMPETITIONS
The rules set out below ("Competition Rules") apply to each competition Fish & Fly Ltd runs on any of the Fish & Fly Ltd Sites ("Competition"). By participating in each Competition the user as an entrant agrees to be bound by the Competition Rules (and any other rules which Fish & Fly Ltd tell you apply to the Competition) and by the decisions of Fish & Fly Ltd, which are final in all matters relating to the Competition. No correspondence will be entered into and Fish & Fly Ltd reserves the right to disqualify any entrant and/or winner in its absolute discretion.
No purchase is necessary to enter a Competition. All prizes are non-transferrable and no cash or credit alternatives will be offered. Arrangements for the fulfilment of prizes may be made by a third party sponsor. Fish & Fly Ltd reserves the right in its sole discretion to substitute any and all prizes with prizes of comparable value. All entries must be received by the deadline for that Competition and late or incomplete entries will be disqualified. By you entering a Competition, if you are a winner, you grant Fish & Fly Ltd permission to use your name and likeness for advertising and future promotional purposes.
By you entering a Competition you:
(a) assign to Fish & Fly Ltd all rights, title and interest (including, without limitation, all intellectual property rights however arising and in whatever media throughout the world) in perpetuity, in all creative material uploaded onto any of the Fish & Fly Ltd Sites or otherwise provided by you where such creative material is the subject of the Competition;
(b) irrevocably and unconditionally waive on your behalf in perpetuity the benefit of any provision of law known as moral rights of authors of any similar law in any country;
(c) acknowledge that Fish & Fly Ltd may use such creative material in any way it sees fit without further payment to you;
(d) warrant to Fish & Fly Ltd that such creative material is wholly original to you (in the sense of not being copied), does not libel, defame, cause injury to, or invade the privacy of or otherwise infringe or violate the rights of any third party and the use of such creative material by Fish & Fly Ltd will not infringe the rights of any third party; and
(e) consent to Fish & Fly Ltd passing your name and address to any third party to deliver the prize or prizes to you.
Winner(s) will be notified by e-mail as soon as possible after the Competition draw/decision. For the names of the winner(s), please send an e-mail to firstname.lastname@example.org specifying the Competition. If you are a winner, you may have to complete additional legal documents and return them to Fish & Fly Ltd within three working days of receipt from Fish & Fly Ltd. Non-compliance or notification returned as undeliverable as addressed will result in your disqualification as a winner and an alternative winner will be selected.
The receipt, by you if you are a winner, of any prize is conditional upon compliance of any and all laws, rules and regulations including, without limitation, the Competition Rules and any further rules relating to such Competition as Fish & Fly Ltd may impose. Winners are solely responsible for all insurance, applicable taxes and for any expenses not specified in the prize description including those associated incidental expenses associated with claiming the prize.
Fish & Fly Ltd reserves the right to implement age requirements or other eligibility criteria where necessary. Competitions are not open to the employees of Fish & Fly Ltd or those of affiliated companies and subsidiaries, nor to any sponsors, nor to the immediate families of such employees or sponsors. Winner(s) of the Competitions agree that neither Fish & Fly Ltd nor its employees or any sponsors shall have any liability in connection with the acceptance or use of any of the prizes awarded herein. No responsibility can be accepted for entries lost of delayed in transmission or for damage or loss resulting from misdirected or incomplete entries arising from transmission and/or computer malfunctions, viruses, bugs or other similar causes.
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Fish & Fly Ltd concerning your use of the Website and supersedes any previous arrangement, agreement, undertaking or proposal, written or oral between you and Fish & Fly Ltd in relation to such matters. No oral explanation or oral information given by either party shall alter the interpretation of these Terms and Conditions. You confirm that in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions save that your agreement contained in this paragraph shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Terms and Conditions.
These Terms and Conditions of Use shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.
If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Fish & Fly Ltd's failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Fish & Fly Ltd in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and Fish & Fly Ltd.
Fish & Fly Ltd. PO Box 1079. Worth, West Sussex. RH10 4WH. England .