Terms of Service
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available in our footer and at every point where personally identifiable information may be requested.
Log files are maintained and analyzed of all requests for files on this website's web servers. Log files do not capture personal information but do capture the user's IP address, which is automatically recognized by our web servers.
OntarioFishingCommunity.com is a social networking service that allows Members to interact with each via forum posts and private messages and create unique personal profiles online in order to find and communicate with other fishermen. The services offered by OntarioFishingCommunity.com ("OntarioFishingCommunity.com" or "we") include the OntarioFishingCommunity.com website (the "Ontario Fishing Community Website"), the OntarioFishingCommunity.com Discussion service, and any other features, content, or applications offered from time to time by OntarioFishingCommunity.com in connection with the Ontario Fishing Community ("OFC") Website. Ontario Fishing Community Services are hosted in the U.S.
Read this Agreement carefully and save it. If you do not agree with it, you should leave the Ontario Fishing Community Website and discontinue use of the Ontario Fishing Community Services immediately. If you wish to become a Member, communicate with other Members and make use of the Ontario Fishing Community Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes OntarioFishingCommunity.com's policy for acceptable use of the Ontario Fishing Community Services and Content posted on the Ontario Fishing Community Website, your rights, obligations and restrictions regarding your use of the Ontario Fishing Community Services and OntarioFishingCommunity.com's Privacy Policies.
OntarioFishingCommunity.com may modify this Agreement at any time and such modification shall be effective upon posting by OntarioFishingCommunity.com on the Ontario Fishing Community Website. You agree to be bound to any changes to this Agreement when you use the Ontario Fishing Community Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on OntarioFishingCommunity.com and that you provide to other Users. Your OntarioFishingCommunity.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other OntarioFishingCommunity.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and OntarioFishingCommunity.com assumes no responsibility or liability for this material. If you become aware of misuse of the Ontario Fishing Community Services by any person, please contact Ontario Fishing Community and report the offense.
OntarioFishingCommunity.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Ontario Fishing Community Services at any time, for any or no reason, with or without prior notice, and without liability.
Ontario Fishing Community expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Ontario Fishing Community Services if Ontario Fishing Community determines, in its sole discretion, that you pose a threat to Ontario Fishing Community and/or its Users.
1. Eligibility. Use of and Membership in the Ontario Fishing Community Services is void where prohibited. By using the Ontario Fishing Community Services, you represent and warrant that a) all registration information you submit is truthful and accurate; you will maintain the accuracy of such information; c) you are 18 years of age or older; d) you give Ontario Fishing Community full rights to add or remove your email address to or from our distribution list and e) your use of the Ontario Fishing Community Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the Ontario Fishing Community Services or are a Member. You may terminate your Membership at any time, for any reason. OntarioFishingCommunity.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
3. Fees. You acknowledge that OntarioFishingCommunity.com reserves the right to charge for the Ontario Fishing Community Services and to change its fees from time to time in its discretion. If OntarioFishingCommunity.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify OntarioFishingCommunity.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The Ontario Fishing Community Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by OntarioFishingCommunity.com. Illegal and/or unauthorized use of the Ontario Fishing Community Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Ontario Fishing Community Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Blog Listing pages without notice and may result in termination of Membership privileges. Appropriate legal action can be taken for any illegal or unauthorized use of the Ontario Fishing Community Services.
6. Proprietary Rights in Content on OntarioFishingCommunity.com. Ontario Fishing Community does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Ontario Fishing Community the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of Ontario Fishing Community, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Ontario Fishing Community to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Ontario Fishing Community removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Ontario Fishing Community, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Ontario Fishing Community removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
7. Content Posted.
- OntarioFishingCommunity.com may delete any Content that in the sole judgment of OntarioFishingCommunity.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. OntarioFishingCommunity.com assumes no responsibility for monitoring the Ontario Fishing Community Services for inappropriate Content or conduct. If at any time OntarioFishingCommunity.com chooses, in its sole discretion, to monitor the Ontario Fishing Community Services, OntarioFishingCommunity.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the Ontario Fishing Community Services, and any material or information that you transmit to other Members and for your interactions with other Users. OntarioFishingCommunity.com does not endorse and has no control over the Content. Content is not necessarily reviewed by OntarioFishingCommunity.com prior to posting and does not necessarily reflect the opinions or policies of OntarioFishingCommunity.com. OntarioFishingCommunity.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Ontario Fishing Community Services. OntarioFishingCommunity.com reserves the right to investigate and take appropriate legal action against anyone who, in OntarioFishingCommunity.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Ontario Fishing Community Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of OntarioFishingCommunity.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Ontario Fishing Community Website and through your use of the Ontario Fishing Community Services. OntarioFishingCommunity.com reserves the right to investigate and take appropriate legal action against anyone who, in OntarioFishingCommunity.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, selling of illegal arms, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Ontario Fishing Community Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Ontario Fishing Community Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent
- covering or obscuring the banner advertisements on your personal profile page, or any OntarioFishingCommunity.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Ontario Fishing Community Services or the networks or services connected to the Ontario Fishing Community Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- using any information obtained from the Ontario Fishing Community Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Ontario Fishing Community Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
- using the Ontario Fishing Community Services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of OntarioFishingCommunity.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to OntarioFishingCommunity.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Ontario Fishing Community Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Ontario Fishing Community Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. OntarioFishingCommunity.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: email: [email protected]
10. Member Disputes. You are solely responsible for your interactions with other OntarioFishingCommunity.com Members. OntarioFishingCommunity.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Disclaimers. OntarioFishingCommunity.com is not responsible for any incorrect or inaccurate Content posted on the Ontario Fishing Community Website or in connection with the Ontario Fishing Community Services, whether caused by Users of the Ontario Fishing Community Services or by any of the equipment or programming associated with or utilized in the Ontario Fishing Community Services. Profiles created and posted by Members on the Ontario Fishing Community Website may contain links to other websites. OntarioFishingCommunity.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by OntarioFishingCommunity.com. Inclusion of any linked website on the Ontario Fishing Community Services does not imply approval or endorsement of the linked website by OntarioFishingCommunity.com. When you access these third-party sites, you do so at your own risk. OntarioFishingCommunity.com takes no responsibility for third party advertisements that are posted on this Ontario Fishing Community Website or through the Ontario Fishing Community Services, nor does it take any responsibility for the goods or services provided by its advertisers. OntarioFishingCommunity.com is not responsible for the conduct, whether online or offline, of any User of the Ontario Fishing Community Services. OntarioFishingCommunity.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. OntarioFishingCommunity.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Ontario Fishing Community Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Ontario Fishing Community Services. Under no circumstances shall OntarioFishingCommunity.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Ontario Fishing Community Services, attendance at a OntarioFishingCommunity.com event, from any Content posted on or through the Ontario Fishing Community Services, or from the conduct of any Users of the Ontario Fishing Community Services, whether online or offline. The Ontario Fishing Community Services are provided "AS-IS" and as available and OntarioFishingCommunity.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OntarioFishingCommunity.com cannot guarantee and does not promise any specific results from use of the Ontario Fishing Community Services.
12. Limitation on Liability. IN NO EVENT SHALL ONTARIOFISHINGCOMMUNITY.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ONTARIOFISHINGCOMMUNITY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONTARIOFISHINGCOMMUNITY.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ONTARIOFISHINGCOMMUNITY.COM FOR THE ONTARIOFISHINGCOMMUNITY SERVICES DURING THE TERM OF MEMBERSHIP.
13. U.S. Export Controls. Software available in connection with the Ontario Fishing Community Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Ontario Fishing Community Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
14. Disputes. If there is any dispute about or involving the Ontario Fishing Community Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of Rochester. Either OntarioFishingCommunity.com or you may demand that any dispute between OntarioFishingCommunity.com and you about or involving the Ontario Fishing Community Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Rochester, New York, USA, provided that the foregoing shall not prevent OntarioFishingCommunity.com from seeking injunctive relief in a court of competent jurisdiction.
15. Indemnity. You agree to indemnify and hold OntarioFishingCommunity.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Ontario Fishing Community Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Ontario Fishing Community Website or through the Ontario Fishing Community Services causes OntarioFishingCommunity.com to be liable to another.
16. Other. This Agreement is accepted upon your use of the Ontario Fishing Community Website or any of the Ontario Fishing Community Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and OntarioFishingCommunity.com regarding the use of the Ontario Fishing Community Services. The failure of OntarioFishingCommunity.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Our Commitment to Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
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