Terms & Conditions
User Agreement
This Agreement constitutes your agreement with Overberg Angling with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of Overberg Angling. As used in this Agreement, 'we' and 'us' means Overberg Angling or any successor or assign of Overberg Angling.
Right to Use
Your right to use Overberg Angling is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of Overberg Angling at any time, including the availability of any Overberg Angling feature, database or content. We may also impose limits on certain features and aspects of Overberg Angling or restrict your access to parts or all of Overberg Angling without notice or liability.
Code of Conduct
You agree to use Overberg Angling in accordance with the following Code of Conduct:
a. you will keep all information provided to you through Overberg Angling as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
b. you will not use Overberg Angling to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, obscene, or offensive language or images;
c. you will not forward chain letters through Overberg Angling;
d. you will not use Overberg Angling to infringe the privacy rights, property rights, or any other rights of any person;
e. you will not post or otherwise distribute messages, pictures or recordings or use Overberg Angling in any way which
i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or
ii.is fraudulent, misleading or otherwise unlawful or violates any law;
f. you will not use Overberg Angling to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services without prior agreement;
g. you will not use Overberg Angling to distribute or up load any virus, trojan horses or do anything else that might cause harm to Overberg Angling systems or to other members' systems in any way; and
h. you will not post or transmit in any manner any contact information including, but not limited to, email addresses, 'instant messenger' nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
Membership Categories
Users of Overberg Angling may become 'Free Members' or Registered Members'. Free Members are allowed limited access to Overberg Angling features, but are not allowed access to all of the features that Registered Members are allowed to access. Free Members are not charged by us for the features they can access. Registered Members are provided with access to additional features of Overberg Angling that are not available to Free Members. Registered Members are not charged by us for the features that are free to Free Members. Certain additional features of the Service made available to Registered Members are also free of charge.
Fees and Payments
Overberg Angling may from time-to-time test different payment models and fees and the following will then be in effect:
a. A Registered Member receives a subscription giving access to the 'paid features' of Overberg Angling.
b. In order to purchase a Subscription, you may make an online charge to a credit card account in accordance with our pricing policy for Subscriptions as posted on Overberg Angling from time to time. Alternatively Internet transfers or direct bank deposits are accepted and full information are found under Membership on Overberg Angling.
c. A Subscription is valid for either 30 days from the time of payment (one month package), 180 days from the time of payment (six month package) or 365 days from the time of payment (twelve month package).
d. If your usage of Overberg Angling is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused Subscription time is automatically and immediately forfeited.
e. THE PURCHASE OF A SUBSCRIPTION IS NON-REFUNDABLE. Once purchased the Subscription has no monetary value and only entitles you to use of paid features on Overberg Angling for the Subscription Period based on your selected subscription package for a period of 30 days, 180 days or 365 days, as the case may be.
f. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion.
g. You also are responsible for any fees or charges incurred to access Overberg Angling through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
Privacy and Use of Information
By using Overberg Angling you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you post on Overberg Angling or provide to them and you should use caution in selecting the personal information you post or provide to others through Overberg Angling; and (c) we cannot assume any responsibility for the content of messages sent by other users of Overberg Angling, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of Overberg Angling, we may from time to time, email to you publicly available information about other users of Overberg Angling whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of Overberg Angling, this includes information which we may provide directly to you but which has been posted or provided to us by other users of Overberg Angling. You may not use Overberg Angling for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing them through Overberg Angling.
Monitoring of Information
We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.
Removal of Information While we do not and cannot review every message or other material posted or sent by users of Overberg Angling, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to Overberg Angling or users of Overberg Angling.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of Overberg Angling or the Internet by others may be grounds for termination of your access to all or part of Overberg Angling at our sole discretion, and you may be referred to appropriate law enforcement agencies.
Proprietary Information
Overberg Angling contains information which is proprietary to us our partners, and our users. We assert full copyright protection in Overberg Angling. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
No Responsibility
You acknowledge that we are not responsible for suspension of Overberg Angling, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of Overberg Angling during the previous 12 months. We may discontinue or change Overberg Angling or its availability to you at any time, and you may stop using Overberg Angling at any time.
Security
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on Overberg Angling by users using your password, including but not limited to use of your password by any third party.
External Links / Traffic Partners
Overberg Angling may from time to time contain links to other Internet sites and resources ('External Links / Traffic Partners / Links). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links / Traffic Partners or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.
Indemnity
You agree to indemnify us, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of Overberg Angling, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
No Warranties
Overberg Angling is distributed on an 'as is' basis. We do not warrant that Overberg Angling will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of Overberg Angling. Where permitted by law, you acknowledge that Overberg Angling is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of Overberg Angling is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through Overberg Angling, our partners or any user of Overberg Angling or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through Overberg Angling or any user of Overberg Angling or any other service. Your continued use of Overberg Angling now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Modifications
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on Overberg Angling or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of Overberg Angling. Your continued use of Overberg Angling now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to Overberg Angling, or of any Overberg Angling related products and services.
Governing Law
This Agreement is entered into in
Assignment
You do not have the right to assign this Agreement or any of your rights to Overberg Angling to anyone. Overberg Angling has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Overberg Angling, if Overberg Angling's obligations hereunder are assumed by a third party, Overberg Angling shall be relieved of any and all liability under this Agreement.
© Overberg Angling, 2007 - 2009.
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