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TERMS
& CONDITIONS
www.fishbc.com
TERMS
OF USE
This Website is operated by Interactive Broadcasting Corporation ("IBC").
Access to and use of all or any part of this Website (the "Site")
is conditional upon your continued acceptance of and compliance with the
following provisions.
By continuing
to access this Site, you are indicating that you have read, understand,
accept and will comply with these Terms of Use. Do not continue to access
this Site if you do not agree with any part of these Terms of Use. Please
also read our Privacy Policy.
The following
Terms of Use governs the use of the fishbc.com online service ("Service"),
including web site pages, participation in its bulletin boards, forums,
personal ads and chats, as provided by Interactive Broadcasting Corporation
("IBC"). Your continued use of this Site indicates an acceptance
of the following Terms of Use and constitutes a User Agreement ("Agreement").
Please read the rules contained in the Terms of Use carefully.
Rules
of Usage
Comments
By Users Are Not Endorsed By IBC:
IBC does not necessarily endorse, support, sanction, encourage, verify,
or agree with the comments, opinions, or statements posted on bulletin
boards, forums or otherwise contained in the Service. Nor does IBC or
its third party service providers make any warranties with respect to
any of the merchandise featured or mentioned on the Service. Any information
or material placed online, including advice and opinions, are the views
and responsibility of those who post the statements or those who actually
sell any merchandise, and do not necessarily represent the views of IBC
or its third party service providers.
Use of
the Service By You:
Your right to use the Service is personal to you - you may not authorize
others to use the Service, and you are responsible for all use of the
Service by you and by those you allow to use, or provide access to, the
Service.
- This Service
adheres to the provisions of the Children's Online Privacy Protection
Act. The Service is not available to persons under the age of 13 without
Verifiable Parental Consent provided in signed written form by their
parent or legal guardian. IBC does not knowingly collect personally
identifiable information from users under the age of 13 without Verifiable
Parental Consent. Users under the age of 13 who do not provide IBC with
Verifiable Parental Consent are expressly prohibited from submitting
their personally identifiable information to us, and from using our
forums and chat areas; any information submitted by such users will
not knowingly be used, posted, or retained by us.
- You agree
not to use any obscene, indecent, or offensive language or to place
on the Service any material that is defamatory, abusive, harassing,
or hateful. Further, you may not place on the Service any material that
is encrypted, constitutes junk mail or unauthorized advertising, invades
anyone's privacy, or encourages conduct that would constitute a criminal
offense, give rise to civil liability, or that otherwise violates any
local, state, national or international law or regulation. You agree
to use the Service only for lawful purposes and you acknowledge that
your failure to do so may subject you to civil and criminal liability.
- You are
responsible for ensuring that any material you provide to the Service
or post on a bulletin board or forum, including but not limited to text,
photographs and sound, does not violate the copyright, trademark, trade
secret or any other personal or proprietary rights of any third party
or is posted with the permission of the owner(s) of such rights. Material
on the Service is for your personal use only. The Service contains copyrighted
and other proprietary information.
- You may
not in any way make commercial or other unauthorized use, by publication,
re-transmission, distribution, performance, caching, or otherwise, of
material obtained through the Service, except as permitted by the Copyright
Act or other law or as expressly permitted in writing by these Terms
of Use, IBC or the Service.
- You agree
not to disrupt, modify or interfere with the Service or its associated
software, hardware and/or servers in any way, and you agree not to impede
or interfere with others' use of the Service. You further agree not
to alter or tamper with any information or materials on or associated
with the Service.
- Other
than connecting to IBC's servers by http requests using a Web browser,
you may not attempt to gain access to IBC's servers by any means - including,
without limitation, by using administrator passwords or by masquerading
as an administrator while using the Service or otherwise.
- You acknowledge
that IBC has not reviewed and does not endorse the content of all sites
linked to from this Service and is not responsible for the content or
actions of any other sites linked to from this Service. Your linking
to any service or site is at your sole risk.
Use of
Material Supplied By You:
For information regarding use of the material and information you supply
or communicate with the Service, please see our Privacy Policy. By posting
messages, uploading files, inputting data, or engaging in any other form
of communication through the Service, you grant us a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to use, reproduce, modify,
adapt, translate, enhance, transmit, distribute, or display, any such
communication in any medium (now in existence or hereinafter developed)
and for any purpose, including commercial purposes.
Copyright
Complaints:
IBC asks our users to respect the intellectual property of others. IBC
may, in appropriate circumstances and at its discretion, suspend or terminate
the access of and take other action against users, subscribers, registrants
and account holders who infringe the copyright rights of others.
If you believe
that your work has been copied and is accessible on the Service in a way
that constitutes copyright infringement, or that the Service contains
links or other references to another online location that contains material
or activity that infringes your copyright rights, you may notify IBC by
providing the following information to the address set forth below.
- A physical
or electronic signature of person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification
of the copyrighted work claimed to have been infringed, or if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
- Identification
of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit IBC
to locate the material;
- Information
reasonably sufficient to permit IBC to contact the complaining party,
such as an address, telephone number, and if available, an electronic
mail address at which the complaining party may be contacted;
- A statement
that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner,
its agent, or the law;
- A statement
that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Copyright
Contact:
Interactive Broadcasting Corporation
#204 - 366 Yorston St.
Williams Lake, BC, Canada, V2G 4J5
By
e-mail
Materials Posted By Others:
You agree that IBC and its third party service providers are not responsible,
and shall have no liability to you, with respect to any information or
materials posted by others, including defamatory, offensive or illicit
material, even material that violates these Terms of Use.
Indemnification:
You agree to indemnify IBC and its affiliates, employees, agents, representatives
and third party service providers, and to defend and hold each of them
harmless, from any and all claims and liabilities (including attorneys
fees) which may arise from your submissions, from your unauthorized use
of material obtained through the Service, or from your breach of this
Agreement and the Terms of Use, or from any such acts through your use
of the Service.
Editing
and Deletions:
IBC reserves the right, but undertakes no duty, to review, edit, move
or delete any material provided for display or placed on the Service or
its bulletin boards, in its sole discretion, without notice.
Additional
Rules:
IBC reserves the right to post, from time to time, additional rules of
usage that apply to specific parts of the Service. Such additional rules
will be posted in the relevant parts of the Service, and will be clearly
identified. Your continued use of the Service constitutes your agreement
to comply with these additional rules.
Termination
of Access to the Service:
IBC has the right to terminate your ability to access the Service, for
any or no reason, without notice.
Links
to Other Websites:
This Site contains links to other websites that are created and maintained
by, and/or are under the control of, third parties other than IBC. Those
third parties are solely responsible for the information contained within
their respective sites. The operators of such sites may impose their own
terms of use in connection with access to and use of their sites. It is
your responsibility to inform yourself of and to abide by those terms
of use.
Any specific
comment or inquiries regarding those sites should be directed to the operators
of those sites.
IBC does not assume responsibility for the accuracy or appropriateness
of the information contained at, or endorse the viewpoints expressed at,
such sites. In providing links to such sites, IBC is in no way acting
as a publisher of the material contained on those other sites and does
not seek to control the content of, or maintain any type of editorial
control over such sites. IBC has not reviewed, and does not endorse or
recommend any of the operators, products, events, services or facilities
that may be listed on such sites, and any reliance by you on such listings
shall be at your sole risk. A reference or listing on such sites shall
not be interpreted as any kind of endorsement or guarantee by IBC of availability
or quality of the events or facilities, or of the accuracy of the information
concerning such events or facilities.
A link to
another site should not be construed to imply that the Site is affiliated
or associated with, or is legally authorized to use any trade mark, trade
name, logo or copyrighted symbol that may be reflected in the link or
the description of the link to such other sites.
The mention
or listing of another party or its products, events, services or facilities
on the Site is not to be construed as an endorsement or recommendation
of that party or its products, events, services or facilities.
Reliance
on GEOTrust.com Quick SSL Premium Server Certificates is governed by the
terms and conditions of the GEOTrust.com Quick SSL Premium Server Certificates
Terms and Conditions of Use. Reliance on a GEOTrust.com Quick SSL Premium
Server Certificate shall constitute acceptance of the terms and conditions
of the GEOTrust.com Quick SSL Premium Server Certificates Terms and Conditions
of Use.
Although
we attempt to verify all links on a regular basis, there is a possibility
that a link to a particular site is not operational. We would appreciate
it if you would please advise
us if you have found what appears to be an inoperative link.
No Warranties:
The information and services provided on this Site are provided as a public
service. Although we endeavour to ensure that the content, information
and services are as current and accurate as possible, errors may occur.
Therefore, we cannot guarantee the quality, accuracy, completeness or
timeliness of the information and services provided. Users should verify
all information before acting on it. For example, prior to making any
vacation plans, users should verify all information directly with the
tourism facilities or destinations.
The maps
on this Site are made available to you for your own and sole personal
purposes (and expressly excluding any commercial exploitation or use).
Maps on the site are provided for reference only and these MAPS ARE
NOT FOR NAVIGATIONAL PURPOSES. Any other use of the Information is
prohibited. Except for personal viewing on the screen of a computer or
other device used to access the Site and the printing of a single copy
from such computer or device (and provided the Information is not modified
and any notices are not removed), none of the Information may be modified,
translated, merged with other products or otherwise distributed, reproduced,
stored, transferred, sublicensed, assigned, leased, marketed, republished,
reverse engineered or used on other sites or for any other purpose, in
any manner or form, without the prior written consent of IBC. For further
certainty, maps, routes and/or other information provided by the Site
may not be made available to other persons, posted on a web site or reproduced
in any publication.
Maps and
route information provided on the Site are believed to be reliable when
posted or made available. However, the maps and route information are
not intended for navigational purposes as they may contain some defects
or errors. IBC does not guarantee the reliability, accuracy, quality,
timeliness, usefulness, adequacy, completeness or suitability of the mapping
and information. IBC assumes no obligation to update the information.
Maps and route information and features of the Site may contain typographical
or other errors. Use of the maps and route information provided on
this site is solely at your own risk. Information provided may be
changed or discontinued without notice.
IBC has not
reviewed, and does not endorse or recommend any of the events or facilities
that may be listed on the Site, and any reliance by you on such listings
shall be at your sole risk. A reference or listing on the Site shall not
be interpreted as any kind of endorsement or guarantee of availability
or quality of the events or facilities, or of the accuracy of the information
concerning such events or facilities.
IBC assumes
no obligation to update the content or information or advice on further
developments concerning topics mentioned.
Information,
content and services provided may be changed without notice.
Access to
this Site is provided on an "as is" basis. You should not assume
that your use of the Site will be error free or that the Site will operate
without interruption or error.
No Liability:
IBC disclaims all warranties, representations and conditions regarding
use of the Site or the information or services provided, including all
implied warranties of merchantability, fitness for a particular purpose,
non-infringement, whether express or implied, or arising from a course
of dealing, usage or trade practice.
IBC is not responsible for any direct, indirect, special, incidental,
consequential or any other damages whatsoever and howsoever caused, arising
out of or in connection with the use of the Site or in reliance on the
Information available on the Site, including any loss of use, lost data,
lost business profits, business interruption, personal injury, or any
other pecuniary loss, whether based on negligence, breach of contract
or other cause of action, even if IBC has been informed of the possibility
thereof.
Fish BC,
fishbc.com, and Interactive Broadcasting Corporation does not officially
sanction, and is not responsible or liable for, any individual or group
activities or actions that occur outside of the fishbc.com website.
Indemnity:
To the maximum extent permitted by applicable law, you will defend, indemnify
and hold harmless IBC, its affiliates and related companies, and each
of their respective directors, officers, employees, consultants and agents
from and against all claims, liability, and expenses, including all legal
fees and costs, arising out of: (i) your breach of these Terms of Use;
or (ii) your use of this Site, the content contained in this Site and
the placement or transmission of any information or other materials on
this Site made by you or others using your account. You agree to promptly
notify IBC immediately after you become aware of any unauthorized use
of your account and to take such reasonable steps as are necessary to
prevent any reoccurrence of such event.
Ownership:
All rights including copyright in this Site and all of the information
and materials found thereon, including without limitation the HTML code
and any other code used to generate any portion of this Site, belong to
IBC or third parties who have granted a licence to IBC to use their property.
None of the content, information and materials found on this Site are
to be copied, reproduced, republished, distributed, sold, transferred
or modified without IBC's prior express written permission. No derivative
works or compilations are to be made of any of the content, information
or materials found on this Site without IBC's prior express written permission.
Any trademarks, logos, service marks, official marks or other marks displayed
on this Site are the property of IBC or third parties and nothing on this
Site is to be construed as granting, whether by implication, estoppel
or otherwise, any license or other right to use any such trademarks, logos,
service marks, official marks or other marks without the prior express
written permission of their owners.
All rights, including copyright, in any information (including articles
and other content) linked to from but not hosted on this Site continue
to be owned by their respective owners.
Any rights
not expressly granted in these Terms of Use are expressly reserved.
Confidentiality
Warning:
Although IBC takes all reasonable measures to maintain the security of
this Site, the Internet is not a secure medium and security and privacy
cannot be ensured. Internet e-mail is especially vulnerable to interception
and forging. IBC will not be responsible for any damages you may suffer
as a result of transmitting confidential information through the Internet,
or implicitly or explicitly authorizing IBC or others to send confidential
information to you in this manner.
Unlawful
and Prohibited Uses:
This Site is strictly for personal and non-commercial use. You may not
modify copy, transmit, distribute, display, publish or reproduce this
Site or any part thereof for any purpose other than your own personal
and non-commercial use.
You shall
not, without IBC's express approval, distribute or otherwise publish any
material containing any solicitation of funds, promotion, advertising
or solicitation for goods or services. You specifically acknowledge that
soliciting other members or guests to join or become members of any commercial
online service or other organization is expressly prohibited.
You shall
not, without IBC's express approval, use the personal messaging or e-mailing
functions of this Site to distribute or otherwise publish any mass e-mailings,
mass messages, or broadcast announcements of any time.
You agree
that your use of the Site, and the information and services provided,
will not violate any applicable local, provincial, state, federal, national,
international or other laws, including but not limited to any regulations
having the force of law. Some jurisdictions may have restrictions on the
use of the Internet by their residents.
You agree
that you will not use this Site, and the information and services provided,
for any purpose that is prohibited by these Terms of Use. Actions that
you agree not to take include, without limitation: (i) taking or attempting
to take any action that grants or would grant you access to the Site to
an extent greater than authorized by IBC; (ii) taking or attempting to
take any action that results or would result in any unauthorized modification,
addition or deletion to the Site; (iii) taking or attempting to take any
action that violates or would violate the security of the Site; (iv) taking
or attempting to take any action that imposes or would impose an unreasonable
or excessively large load on the Site's resources or infrastructure; (v)
knowingly providing false or misleading information to IBC.
Linking
to this Site:
You may create bookmarks to any page within the Site for personal, non-commercial
use.
You agree that you will not without IBC's express prior written consent:
(i) direct links to pages within this Site otherwise than to its home
page, including without limitation direct links to search functions; (ii)
re-use or re-display any content or modification of any content on this
Site; or (iii) redeliver any content of this Site by use of "frames"
or otherwise.
Collection
of Personal Information:
Please read our Privacy Policy which governs
the manner in which we collect, use and disclose personal information.
This Privacy Policy is incorporated into and forms part of these Terms
of Use.
DISCLAIMER
OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE
IS PROVIDED "AS IS", AND IBC, ITS AFFILIATES AND ITS THIRD PARTY
SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS
AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY,
RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED
TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR
PROVIDED BY THE SERVICE. IBC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE
PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL
BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS
OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED
ON THE SERVICE.
IBC, ITS
AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO
YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT,
THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS
OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING
FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF
OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS
AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE
OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME PROVINCES OR STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE AND
STATE TO STATE.
YOU HEREBY
AGREE TO RELEASE IBC, ITS AFFILIATES AND THIRD-PARTY IBCS, AND EACH OF
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED
("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR
USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA
CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
Choice
of Law:
The laws of the Province of British Columbia and of Canada shall govern
as to the interpretation, validity and effect of these Terms of Use despite
any conflict of laws provisions of your domicile, residence or physical
location. You hereby consent and submit to the exclusive jurisdiction
of the courts of the Province of British Columbia in any action or proceeding
instituted under or related to these Terms of Use or your use of the Site
or of the content, information and services provided.
General:
Use of this Site is not authorized in any jurisdiction that does not give
effect to all provisions of these Terms of Use including, without limitation,
this paragraph.
No joint
venture, partnership, employment or agency relationship is created as
a result of these Terms of Use or your use of this Site.
If any term
or condition of these Terms of Use, or the application thereof to any
persons or circumstances, is to any extent invalid or unenforceable, the
remainder of these Terms of Use, and the application of such term or condition
to persons or circumstances other than those as to which it is held invalid
or unenforceable, shall not be affected thereby, and the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision.
A printed
version of these Terms of Use and of any notice given in electronic form
shall be admissible in any proceeding based upon or relating to these
Terms of Use to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained
in printed form in the ordinary course of business.
The parties
are deemed to have required that these provisions and all documents relating
thereto be drawn up in English. Les parties sont considerees pour avoir
exige que ces dispositions et tous les documents associant la-dessus soient
elabores en anglais.
Amendments
to these Terms of Use:
IBC reserves the right to change these Terms of Use at any time. Notice
of any such changes will be posted on the Site's home page. Your use of
the Site is governed by the Terms of Use in effect at the time of such
use. You should therefore check these Terms of Use periodically.
Inquiries:
This Site is operated by Interactive Broadcasting Corporation ("IBC").
If
you have any questions please contact:
Visitor
Services
Interactive
Broadcasting Corporation,
#204 - 366 Yorston Street,
Williams Lake, British Columbia,
Canada, V2G 4J5
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