Terms Of Acceptance
“Materials” means all information, data, documents (e.g. white papers, press releases, data sheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via the Site by NotJustFishing.Com or users of this Site.
“Services” means all services and resources offered or enabled via the Site by NotJustFishing.Com and users of this Site, including download areas, product and other information services and communications services such as bulletin boards, calendars, chat areas, communities, e-mail, forums, newsgroups, personal webpages, photoalbums and other message or communication facilities designed to enable you to communicate with others (collectively, “Communications Venues”).
Intellectual Property| Limited License to Users| Trademark Information
Except as expressly provided herein, NotJustFishing.Com and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of NotJustFishing.Com or other third parties.
You are not permitted to use the Marks without the prior written consent of Not Just Fishing.Com or such third party that may own the
Marks. NotJustFishing.Com and the NotJustFishing.Com logo are trademarks of NotJustFishing.Com
Use of Site and Services
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations.
You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
Use or attempt to gain access to or use another’s account, password, Service, Materials or computer systems or networks connected to any NotJustFishing.Com server or to the Site without authorization from NotJustFishing.Com, whether through hacking, password mining or any other means.
Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material. Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials. Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites. Transmit unsolicited or bulk communications to NotJustFishing.Com or to any affiliated e-mail address.
Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms. Create a false identity for the purpose of misleading others. Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable. Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise). Violate the rights of NotJustFishing.Com or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Materials and Services provided by third parties (collectively, the “Third-Party Services”) are governed by separate agreements accompanying such Materials and Services. NotJustFishing.Com offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, NotJustFishing.Com Materials, NotJustFishing.Com provided Services or another Third-Party Service.
You agree that you will not hold NotJustFishing.Com responsible or liable with respect to the Third-Party Services.
NotJustFishing.Com, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time.
NotJustFishing.Com may at any time without notice and in its sole discretion:
(a) terminate a Service, access to or use of any
Materials or an area of the Site where Materials are posted or submitted
(b) disclose any information related to your use of a
Service or Material, or the substance of any of your posted or submitted Materials, as NotJustFishing.Com deems necessary to comply with
applicable law, regulation, legal process or governmental request.
NotJustFishing.Com Materials and User Content Use
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the NotJustFishing.Com materials and available on this Site subject to the following conditions:
The NotJustFishing.Com materials may be accessed and used solely for personal, informational, non-commercial and internal purposes.
The NotJustFishing.Com content may not be modified or altered in any way.
The NotJustFishing.Com materials on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
You may not remove any copyright or other proprietary notices contained in the NotJustFishing.Com Materials and User Content.
You will not quote or display NotJustFishing.Com Materials or User Content, or any portions thereof, out of context.
NotJustFishing.Com reserves the right to revoke the authorization to view, download and print the NotJustFishing.Com Materials and User Content available via this Site at any time, and any such use shall be discontinued immediately upon notice from NotJustFishing.Com.
The rights granted to you constitute a license and not a transfer of title.
Any NotJustFishing.Com Materials or User Content acquired upon your execution of a required separate agreement shall be provided with the
Use of the NotJustFishing.Com Materials or User Content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print the NotJustFishing.Com Materials and User Content available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part.
No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by NotJustFishing.Com. In addition, various sections of the Site may showcase the work of creative professionals.Such Materials (whether NotJustFishing.Com Materials or User Content) belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
Third Party Site Links
The Site, Services or Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by NotJustFishing.Com to you as a convenience and the inclusion of the links do not imply any endorsement by NotJustFishing.Com of any Linked Site.
NotJustFishing.Com has no control of the Linked Sites and you therefore acknowledge and agree that NotJustFishing.Com is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that NotJustFishing.Com is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
Disclaimers and Warranties
Without limiting the foregoing, NotJustFishing.Com makes no warranty that:
1) The Site, Services or Materials will meet your requirements.
2) The Site, Services or Materials will be uninterrupted, timely, secure or error free
3) The results that may be obtained from the use of the site, services or materials will be effective, accurate or reliable
4) The quality of the site or any services or materials purchased or accessible by you will meet your expectations
5) Any errors or defects in the site, services or materials will be corrected.
This Site, Services and Materials may include technical or other mistakes, inaccuracies or typographical errors. NotJustFishing.Com may make
changes to the Site, Materials and Services including the prices and descriptions of any software or products listed. At any time in its sole discretion and without notice. The Site, Materials and Services may be out of date and NotJustFishing.Com makes no commitment to update the sitematerials and services.
You Acknowledge and Agree That:
1) NotJustFishing.Com does not control, endorse or accept responsibility for any materials or services offered by Third Parties including
Third Party Vendors and Third Parties accessible through Linked Sites.
2) NotJustFishing.Com makes NO representations or Warranties Whatsoever about any such third parties, their materials or services.
3) Any dealings You may have with such third parties are at your own risk and NotJustFishing.Com shall not be liable or responsible for any materials
or services offered by Third Parties.
NotJustFishing.Com does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the Site, Services and any Actions resulting from your use of the site and materials and participation in any services. Managers, Hosts, Participants and Other Third Parties are not authorized NotJustFishing.Com spokespersons and their views do not necessarily reflect those of NotJustFishing.Com.
To the Maximum extent permitted by law, NotJustFishing.Com will have no liability related to User Materials arising under intellectual property
rights, libel, privacy, publicity, obscenity or other laws. NotJustFishing.Com also disclaims all liability with respect to the misuse, loss modification or unavailability of any User materials.
The use of the Site, Services or the downloading or other use of any materials is done at your discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities.
NotJustFishing.Com assumes no liability for any computer virus or similar software code that is downloaded to your computer from the site or in
connection with any services or materials.
NotJustFishing.Com will not be liable for any loss that You may incur as a result of someone else using your password or account with respect to the site or any services or materials either with or without your knowledge.
Some States or Jurisdictions DO NOT allow the exclusion of implied warranties or limitations on how long an Implied warranty may last, so the above limitations may not apply to You. To the extent permissible, any implied warranties are limited to ninety (90) days.
This Site can be accessed from countries around the world and may contain references to NotJustFishing.Com products, services and programs that are not available in your country. These references do not imply that NotJustFishing.Com intends to announce such products, services or programs in your country.
The Site is controlled, operated and administered by NotJustFishing.Com from its offices within Canada. NotJustFishing.Com makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States or Canada, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited.
If you access the Site from a location outside Canada or the United States, you are responsible for compliance with all local laws.
See the section on export control laws below for further information.
Personal Information and Privacy
In no event shall NotJustFishing.Com, its officers, directors, employees, partners or suppliers be liable to You or any Third Party for any special punitive, incidental, indirect or consequential damages or losses of any kind or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if NotJustFishing.Com has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other action, or any other claim arising out of or in connection with:
1) The access or use of or the inability to access or use the Site, Services or Materials.
2) The Statements or Actions of any Third Party on or via the Site, Services or Materials.
3) Any dealings with Vendors or Other Third Parties.
4) Any Unauthorized access to or alteration of your transmissions, user materials or other data.
5) Any Information that is sent or received or not sent or received.
6) Any Failure to Store or Loss of Data, Files, Materials or Other Content.
7) Any Services available that are delayed or interrupted.
8) Any Web Site Referenced or Linked to from this Site or
9) Your Access to or use of or inability to access or use any linked site.
Advertisements and Promotions
NotJustFishing.Com may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties.
You acknowledge and agree that NotJustFishing.Com is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-NotJustFishing.Com advertisers on the Site or in connection with the Services or Materials.
Indemnity and Liability
You agree to indemnify and hold NotJustFishing.Com and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
(a) your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third party’s use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials))
(b) your access to or use of the Site, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials)
(c) your connection to the Site, Services or Materials
(e) the actions of any member of your Work Group
(f) your infringement of any third party’s Intellectual Property Rights when using any of the Software made available on the Site, Services or in any Materials;
(g) your violation of any rights of any third party
(h) your access to or use of Linked Sites and your connections thereto
(i) any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by NotJustFishing.Com from its offices within the province of Ontario, Canada. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the province of Ontario, Canada without regard to the conflicts of laws principles thereof.
C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
CERTAIN CONTENT THAT APPEARS ON THIS SITE COMES FROM AMAZON SERVICES LLC. THIS CONTENT IS PROVIDED ‘AS IS’ AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.