BoH Inc., BASS on HOOK Fishing
Resource Center, (http://www.bassonhook.com) Access Agreement
Please read this
Agreement carefully before accessing the BASS on HOOK Fishing Resource
center website. As a condition to and in consideration of receiving
and accessing BASS on HOOK Fishing Resource Center website, the
User agrees to be bound by the terms of this Agreement. Use of or
access to BASS on HOOK Fishing Resource Center shall constitute
acceptance of and agreement to be bound by this Agreement. IF YOU
DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS BASS on
HOOK Fishing Resource Center or any of it's affilate sites. If you
have any questions about this Agreement, please contact us via e-mail
at webmaster@bassonhook.com
BASS on HOOK Fishing Resource Center Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between
BASS on HOOK Fishing Resource Center and any individual, corporation,
association, agency, company, or other entity that accesses or uses
the BASS on HOOK Fishing Resource Center website (the "User"
or "you").
BASS on HOOK
Fishing Resource Center, which is provided without charge to you,
is a World Wide Web site on the Internet that is designed to give
you information about our services. BASS on HOOK Fishing Resource
Center is owned and operated by BASS on HOOK Inc. BASS on HOOK Fishing
Resource Center contains or may contain information, communications,
opinions, text, graphics, links, electronic art, animations, audio,
video, software, photos, music, sounds and other material and data
(collectively, "Content") formatted, organized and collected
in a variety of forms that are generally accessible to Users.
1.
User Rights and Responsibilities
1.1
Access to the BASS on HOOK Fishing Resource Center.
You are responsible for providing all hardware,
software, telephone or other communications equipment and/or service
to connect to the Internet and access BASS on HOOK Fishing Resource
Center and are responsible for all Internet access charges, telephone
charges or other fees or charges incurred in connecting to the Internet
and accessing BASS on HOOK Fishing Resource Center.
1.2
User Conduct.
You agree to access and use BASS on HOOK Fishing
Resource Center only for lawful purposes. You are solely responsible
for the knowledge of and adherence to any and all laws, statutes,
rules and regulations, pertaining to (i) your use of BASS on HOOK
Fishing Resource Center, including any Interactive Area, (ii) the
use of any networks or other services connected to BASS on HOOK
Fishing Resource Center, and (iii) the communications means by which
you connect your modem, computer, or other equipment to BASS on
HOOK Fishing Resource Center. By accessing BASS on HOOK Fishing
Resource Center, you agree that you will not:
(1) Restrict or inhibit any other user from using
and enjoying the Interactive Features;
(2) Post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic, profane,
or indecent information of any kind, including without limitation
any transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national, or international law;
(3) Post or transmit any information, software,
or other material which violates or infringes in the rights of others,
including material which is an invasion of privacy or publicity
rights or which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first obtaining
permission from the owner or right holder.
(4) Post or transmit any information, software or
other material which contains a virus or other harmful component;
(5) Alter, damage or delete any Content or other
communications that are not your own Content or to otherwise interfere
with the ability of others to access BASS on HOOK Fishing Resource
Center;
(6) Disrupt the normal flow of communication in
an Interactive Area;
(7) Claim a relationship with or to speak for any
business, association, institution or other organization for which
you are not authorized to claim such a relationship;
(8) Violate any operating rule, policy or guideline
of your Internet access provider or online service.
2.
Intellectual Property Rights
2.1
BASS on HOOK Fishing Resource Center content.
(a) You acknowledge that Content on BASS on HOOK
Fishing Resource Center is generally provided by BASS on HOOK Fishing
Resource Center, individual contributors of Content ("Contributors"),
third party licensees, and/or other Users. You acknowledge that
BASS on HOOK Fishing Resource Center permits access to Content that
is protected by copyrights, trademarks, and other proprietary (including
intellectual property) rights ("Intellectual Property Rights"),
and that these Intellectual Property Rights are valid and protected
in all media existing now or later developed and except as is explicitly
provided below, your use of Content shall be governed by applicable
copyright and other intellectual property laws. You acknowledge
that BASS on HOOK Fishing Resource Center owns a copyright in the
"look and feel," i.e., the selection, coordination, arrangement
and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit,
distribute, publish, create derivative works from, display or otherwise
transfer or commercially exploit any of the Content, in whole or
in part, provided, however, that you may (i) make a reasonable number
of digital or other form of copies to permit your computer hardware
and software to access and view the Content, (ii) print one copy
of each piece of Content, (iii) make and distribute a reasonable
number of copies of Content, in whole or in part, in hard copy or
electronic form for internal use only. Any permitted copies of Content
must reproduce in an unmodified form any notices contained in the
Content, such as all Intellectual Property Right notices, and an
original source attribution to "BASS on HOOK Fishing Resource
Center" and its URL address. You acknowledge that BASS on HOOK
Fishing Resource Center, its Contributors, and/or Users remain the
owners of the Content and that you do not acquire any Intellectual
Property Rights by downloading or printing Content.
2.2
Content Provided by User.
You may upload to any Interactive Area or otherwise
transmit, post, publish, reproduce or distribute, on or through
BASS on HOOK Fishing Resource Center only Content that is not subject
to any Intellectual Property Rights, or Content in which any holder
of Intellectual Property Rights has given express authorization
for distribution over the Internet and on BASS on HOOK Fishing Resource
Center, without restriction whatsoever. Any Content submitted with
the consent of a copyright owner other than you should contain a
phrase such as "Copyright owned by [name of owner]; Used by
Permission." By submitting Content to any Interactive Area,
you automatically grant and/or warrant that the owner of such Content,
whether it be You or a third party, has expressly granted to BASS
on HOOK Fishing Resource Center the royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, sublicense, distribute, perform, and display such Content,
in whole or in part, worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed
for the full term of any Intellectual Property Rights that may exist
in such Content. You also permit BASS on HOOK Fishing Resource Center
to sublicense to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect to such Content.
You also permit any User to access, view, store and reproduce the
Content for personal use.
3.
Interactive Areas
You acknowledge that BASS on HOOK Fishing Resource
Center may include various interactive areas ("Interactive
Areas"), including but not limited to Message Boards. These
Interactive Areas allow feedback to BASS on HOOK Fishing Resource
Center and real-time interaction between users. You further understand
that BASS on HOOK Fishing Resource Center does not control the messages,
information, or files delivered to such Interactive Areas and that
BASS on HOOK Fishing Resource Center may offer you and other Users
the capability of creating and managing an Interactive Area. However,
neither BASS on HOOK Fishing Resource Center, its subsidiary and
parent companies, or affiliates, nor their respective directors,
officers, employees and agents are responsible for Content within
any Interactive Area. Your use and/or management of an Interactive
Area will be governed by this Agreement and any additional rules
or operating procedures of any Interactive Area established by you
or another User, as applicable. You recognize that BASS on HOOK
Fishing Resource Centers cannot, and does not intend to, screen
communications in advance. Moreover, because BASS on HOOK Fishing
Resource Center encourages open and candid communication in the
Interactive Areas, BASS on HOOK Inc. cannot determine in advance
the accuracy or conformance to this Agreement of any Content transmitted
in an Interactive Area. BASS on HOOK Fishing Resource Center is
not responsible for screening, policing, editing, reviewing or monitoring
any Content in an Interactive Area. Notwithstanding the above, you
agree that BASS on HOOK Fishing Resource Center has the right to
monitor any Interactive Area, from time to time and to disclose
any information as necessary to satisfy any law, regulation or other
governmental request, to operate the Interactive Area, or to protect
itself or other Users. If notified of Content that is alleged not
to conform to this Agreement, BASS on HOOK Fishing Resource Center
may investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content. BASS
on HOOK Fishing Resource Center reserves the right to prohibit conduct,
communication or Content within an Interactive Area, or to edit,
refuse to post, or to remove any Content, in whole or in part, which
it deems in its sole discretion to (i) violate the then-standard
provisions of this Agreement or any other standard, written BASS
on HOOK Fishing Resource Center policy in effect at that time, (ii)
be harmful to the rights of any User, BASS on HOOK Fishing Resource
Center, or other third parties, (iii) violate applicable law, or
(iv) be otherwise objectionable.
4.
Termination
The only right with respect to dissatisfaction with
any policies, guidelines, or practices of BASS on HOOK Fishing Resource
Center in operating BASS on HOOK Inc., or any change in Content,
is for you to discontinue accessing BASS on HOOK Fishing Resource
Center. BASS on HOOK Fishing Resource Center may terminate or temporarily
suspend your access to all or any part of BASS on HOOK Fishing Resource
Center, without notice, for conduct that BASS on HOOK Fishing Resource
Center believes is a violation of this Agreement or any policies
or guidelines posted by BASS on HOOK Fishing Resource Center, or
for other conduct which BASS on HOOK Inc. believes, in its sole
discretion, is harmful to BASS on HOOK Inc. or other Users. BASS
on HOOK Fishing Resource Center may discontinue operating BASS on
HOOK Fishing Resource Center and terminate this Agreement without
notice at any time for any reason in its sole discretion. In the
event of termination, you are no longer authorized to access BASS
on HOOK Fishing Resource Center, including the Interactive Areas,
and the restrictions imposed on you with respect to Content downloaded
from BASS on HOOK Fishing Resource Center, as well as the disclaimers
and limitations of liabilities set forth in this agreement, shall
survive.
5.
Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for
Content, products or services expressly available at BASS on HOOK
Fishing Resource Center, neither BASS on HOOK Fishing Resource Center,
its subsidiary and parent companies, or affiliates, or their respective
directors, officers, employees, and agents controls, provides, or
is responsible for any Content, goods or services available through
sites on the Internet linked to or from BASS on HOOK Fishing Resource
Center. All such Content, goods and services are made accessible
on the Internet by independent third parties and are not part of
BASS on HOOK Fishing Resource Center or controlled by BASS on HOOK
Inc.. BASS on HOOK Fishing Resource Center neither endorses nor
is responsible for the accuracy, completeness, usefulness, quality
or availability of any Content, goods or services available on any
site linked to or from BASS on HOOK Fishing Resource Center, which
are the sole responsibility of such independent third parties, and
your use thereof is solely at your own risk. Neither BASS on HOOK
Fishing Resource Center, its subsidiary and parent companies, or
affiliates, or their respective directors, officers, employees,
and agents shall be held responsible or liable, directly or indirectly,
for any loss or damage caused or alleged to have been caused by
your use of or reliance on any Content, goods or services available
on any site linked to or from BASS on HOOK Fishing Resource Center
or your inability to access the Internet or any site linked to or
from BASS on HOOK Fishing Resource Center.
5.2 Disclaimer of Warranties. Please use
your best judgment in evaluating all information contained or opinions
expressed on BASS on HOOK Fishing Resource Center. It is the policy
of BASS on HOOK Fishing Resource Center not to endorse or oppose
any opinion expressed by a User or Content provided by a User, Contributor,
or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF
BASS on HOOK Fishing Resource Center IS AT YOUR SOLE RISK. NEITHER
BASS on HOOK Fishing Resource Center NOR ANY OF ITS SUBSIDIARY AND
PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS
OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES
WARRANTS THAT BASS on HOOK Inc. OR ANY INTERNET SITE LINKED TO OR
FROM BASS on HOOK Inc. WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE
AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BASSNFLATS.COM
OR ANY INTERNET SITE LINKED TO OR FROM BASSNFLATS.COM OR AS TO THE
TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS,
NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY
CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH BASS
on HOOK Fishing Resource Center OR ANY SITE LINKED TO OR FROM BASS
on HOOK Fishing Resource Center. BASS on HOOK Fishing Resource Center
IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES
SHALL BASS on HOOK Fishing Resource Center, ITS SUBSIDIARY AND PARENT
COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM
THIS AGREEMENT, BASS on HOOK Fishing Resource Center, OR ANY INTERNET
SITE LINKED TO OR FROM BASS on HOOK Fishing Resource Center, WHETHER
FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY
FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR,
INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION,
OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL BASS on HOOK Fishing
Resource Center, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY
DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT
CONTAINED WITHIN BASS on HOOK Fishing Resource Center OR THE CONTENT
CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM BASS on HOOK
Fishing Resource Center. THE CONTENT WITHIN BASS on HOOK Fishing
Resource Center AND THE CONTENT WITHIN INTERNET SITES LINKED TO
OR FROM BASS on HOOK Fishing Resource Center MAY INCLUDE TECHNICAL
OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED
IN NEW VERSIONS OF BASS on HOOK Fishing Resource Center AND SPECIFICALLY
ARE INCLUDED IN THIS SECTION AGREEMENT. BASS on HOOK Fishing Resource
Center AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BASS
on HOOK Fishing Resource Center IS NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER.
IF YOU ARE DISSATISFIED WITH ANY BASS on HOOK Fishing Resource Center
SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF BASS on HOOK Fishing
Resource Center, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING BASS on HOOK Fishing Resource Center.
6.
Indemnity
You agree to indemnify and hold BASS on HOOK Fishing
Resource Center, its parent or subsidiary companies and their affiliates,
and their respective directors, officers, employees, and agents
from any and all liabilities, claims and expenses, including reasonable
attorneys fees, arising from breach of this Agreement, any other
policy, your use or access of BASS on HOOK Fishing Resource Center
or any Internet site linked to or from BASS on HOOK Fishing Resource
Center, or in connection with the transmission of any Content on
BASS on HOOK Fishing Resource Center.
7.
Miscellaneous
This Agreement comprises the entire agreement between
BASS on HOOK Fishing Resource Center and you, and supersedes any
prior agreements with respect to the subject matter herein. BASS
on HOOK Fishing Resource Center may revise this Agreement or any
other policy at any time and from time to time, and such revision
shall be effective two (2) days upon posting notice of such revision
prominently on BASS on HOOK Fishing Resource Center. You agree to
review this Agreement periodically to be aware of such revisions.
If any such revision is unacceptable to you, you must discontinue
accessing BASS on HOOK Fishing Resource Center. Your continued accessing
and use of BASS on HOOK Fishing Resource Center following notice
of any such revision shall conclusively be deemed acceptance of
all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1,
5.2, 5.3, 6 and 7 shall survive the termination or expiration of
this Agreement. If any provision of this Agreement or any other
policy be held invalid or unenforceable, that portion shall be construed
in accordance with applicable law as nearly as possible to reflect
the original intention of the parties and the remaining portions
will continue in full force and effect. The failure of BASS on HOOK
Fishing Resource Center to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. This Agreement shall be governed by the
laws of the state or province of domicile of BASS on HOOK Inc.,
excluding its conflict of laws rules, and you and BASS on HOOK Fishing
Resource Center each submit to the exclusive jurisdiction of the
courts of that state or province. This Agreement is personal to
you and you may not assign your rights or obligations there under
to anyone. All logos, brand names, products, trademarks and service
marks appearing herein may be the trademarks or service marks of
their respective owners. References to any trademark, service mark
and links to or from BASS on HOOK Fishing Resource Center have been
done strictly for clarification and identification and does not
constitute endorsement by BASS on HOOK Fishing Resource Center of
the products, services or information offered by the owner of such
trademark, service mark or link or endorsement of BASS on HOOK Fishing
Resource Center by such trademark, service mark or link owner.