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TERMS OF USE
Initial Notice
Thank you for visiting our Web site. Please read carefully the following
legal agreement before using this Web site. By using this Web site,
you signify your assent to these terms of use. If you do not agree
to these terms of use, please disconnect from and do not use this
Web site.
Copyright Notice
The information, data, artwork, logos, graphics, texts, photographs,
images, animation, videos, software design, scripts and code, web
site design and architecture, music, sounds and environments at
or used in association with this Web site, and their selection,
compilation, collection, arrangement, organization, structure and
sequence, (the "Content") are either the property of,
or used with the permission of their owner by, Infinite Fishing,
and are protected by copyright and other laws. You are granted only
a limited license to access, display, download and print a copy
of the Content solely for your personal, non-commercial use, provided
that the Content is not modified and all proprietary notices are
kept intact. You may not reproduce, modify, publish, perform, translate,
merge, decompile, disassemble, reverse engineer, sell, rent, distribute,
or create a derivative work of, or in any way commercially exploit,
the Content in whole or in part, without the prior written consent
of Infinite Fishing.
Trademark Notice
The trademarks, logos, business and trading names, and domain names
(the "Marks") displayed on this Web site, whether registered
or unregistered, are the property of, or used with permission by,
Infinite Fishing or others. Use of the Marks in any manner with
web sites, business activities, organizations, or products or services,
that are not provided or licensed by Infinite Fishing, is prohibited
without the prior written consent of Infinite Fishing.
WARRANTY DISCLAIMER
THE WEB SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
INFINITE FISHING MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON
THE WEB SITE FOR ANY PURPOSE. INFINITE FISHING DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
INFINITE FISHING DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE
OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT
THE WEB SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR
OTHER HARMFUL CODE. INFINITE FISHING MAKES NO WARRANTIES THAT THE
INFORMATION PRESENTED ON THE WEB SITE IS CURRENT, UP-TO-DATE, OR
ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW.
LIABILITY LIMITATION
UNDER NO CIRCUMSTANCE AND REGARDLESS OF LEGAL THEORY, WHETHER IN
TORT, CONTRACT, OR OTHERWISE, WILL INFINITE FISHING BE LIABLE TO
YOU OR ANY OTHER PARTY FOR AN INDIRECT, SPECIAL, INCIDENTAL, RELIANCE,
OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER,
INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA,
COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INDIRECT DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO
YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION
TO YOUR USE OF THE WEB SITE.
Links to Third Parties' Web Sites
This Web site may contain hyperlinks, which links the User to other
documents or Web sites that are operated by third parties other
than Infinite Fishing. Such hyperlinks are provided solely for User's
references. Infinite Fishing does not control such Web sites and
is not responsible for their contents. Infinite Fishing's inclusion
of hyperlinks to such Web sites does not imply any endorsement of
the material on such Web sites or any association with their operators.
Accordingly, User agrees to hold harmless Infinite Fishing, its
parent, subsidiaries and affiliates, and the employees, and agents
of any of them against and from and against any and all claims,
demands, judgments, costs, liabilities, expenses (including attorneys'
fees), and damages arising out of claims resulting from hyperlinking,
including, without limitation, any claims alleging facts that if
true would constitute a breach by User of these terms and conditions.
Limit to Users
This Web site is presented by Infinite Fishing from within Canada.
Infinite Fishing makes no representation that materials in the Web
site are appropriate or available for use in locations outside the
United States or Canada. In addition, you are responsible for complying
with any and all local laws in your jurisdiction that may impact
your right to use the Web site.
Modification of These Terms and Conditions
Infinite Fishing reserves the right to change this Agreement at
any time by revising the terms and conditions herein. Date effective:
January 2, 2004. User is responsible for regularly reviewing these
terms and conditions. Continued use of this Web site following any
such changes shall constitute the User's acceptance of such changes.
General Terms and Conditions
This Agreement shall be deemed to include all other notices, policies,
disclaimers, and other terms contained in this Web site; provided,
however, that in the event of a conflict between such other terms
and the terms of this Agreement, the terms of this Agreement shall
control.
User acknowledges that no joint venture, partnership,
employment, or agency relationship exists between the User and Infinite
Fishing as a result of this Agreement or use of this Web site. User
agrees not to hold himself or herself out as a representative, agent,
or employee of Infinite Fishing, and Infinite Fishing shall not
be liable for any representation, act, or omission of the User.
Infinite Fishing's performance of this Agreement
is subject to existing laws and legal process, and nothing contained
in this Agreement is in derogation of Infinite Fishing's right to
comply with law enforcement requests or requirements relating to
the User's use of this Web site or information provided to or gathered
by Infinite Fishing with respect to such use.
If any part of this Agreement is determined to
be invalid or unenforceable pursuant to applicable law, including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement
between the User and Infinite Fishing with respect to this Web site
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the User
and Infinite Fishing with respect to this Web site. A printed version
of this Agreement and of any notice given in electronic form will
be admissible in judicial or administrative proceedings based upon
or relating to this Agreement to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form.
Indemnification
As a condition of use of this Web site, the User agrees to indemnify
Infinite Fishing, its parent, subsidiaries and affiliates, and the
employees, and agents of any of them against and from and against
any and all claims, demands, judgments, costs, liabilities, expenses
(including attorneys' fees), and damages arising out of claims resulting
from User's use of this Web site, including, without limitation,
any claims alleging facts that if true would constitute a breach
by User of these terms and conditions.
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