Conditional use of our site and services:
Welcome to Get Fishing! Your permission to use Get Fishing is conditional upon your agreement that you:
• are 16 years of age or older, but are 18 years of age or older to purchase any product or membership;
• kids under 16 must have parent supervision when using the website or when competing in our tournaments;
• will comply with these Terms of Service;
• will not copy or distribute any part of Get Fishing in any medium without Get Fishing’s prior written authorisation;
• will provide accurate information when creating an account or registering for our Services;
• are solely responsible for your User ID and the activity that occurs while signed in to or while using Get Fishing using your User ID;
• will not use Get Fishing to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
• will not use the communication systems provided by or contacts made on Get Fishing for any commercial solicitation purposes;
• are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
• represent that you own or have the necessary licences, rights, permissions, and consents to use and authorise Get Fishing to use any and all Content submitted by you to Get Fishing in accordance with the licences granted in this Agreement;
• hereby grant each Get Fishing user, whether using Get Fishing or an application authorised by Get Fishing but developed via a third-party developer, a non-exclusive licence to access the Content you submit through Get Fishing and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Get Fishing’s functionality and under these Terms of Service;
• will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Get Fishing; and
• hereby agree that we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
- Membership. Your Get Fishing tournament membership is $10 per month or part thereof. Your first payment will come out when you join, and recurring payments will come out on the first day of the month thereafter month-to-month until terminated. As a tournament member you authorize us to charge your membership fees to your Payment Method (see “Cancellation” below). You can find specific details regarding your membership with Get Fishing by visiting our website and clicking on the “My Account” link available at the top menu bar under ‘Member’.
2.1. Your Get Fishing tournament membership may start with a free trial. The free trial period of your membership lasts for one tournament, or as otherwise specified during sign-up and is intended to allow new members to try the service.
2.2. We will bill your Payment Method for your monthly membership fee at the start of each month. If you are competing with a free trial and cancel your membership before the end of the month you will not be charged. To view the monthly membership price and end date of your free trial period, or to cancel your membership visit our website and click the “My Account” link available at the top menu bar under ‘Member’. You will not receive a notice from us that your paid membership has begun.
3.1. Billing Cycle. The membership fee for our service will be billed on a monthly basis to your Payment Method on the first day of every month. In some cases the timing of your billing may change, for example if your Payment Method has not successfully settled or if the billing day falls on a weekend. Visit our website and click on the “My Account” link available at the top menu bar under ‘Member’ to see your next payment date.
3.2. Payment Methods. You can pay for membership with PayPal or Credit Card using the secure Stripe gateway. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates.
3.3. Cancellation. You can cancel your Get Fishing tournament membership at any time, and you will continue to have access to the Get Fishing tournaments through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods. To cancel, go to the “My Account” link available at the top menu bar under ‘Member’. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click the “My Account” link available at the top menu bar under ‘Member’.
3.4. Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following email notice to you.
Your account at Get Fishing:
You will need to register by creating an account with Get Fishing in order to publish Content on the Site or obtain access to certain Services, including Online Tournaments. If you choose to create an account or Get Fishing profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Get Fishing Site and Services is not authorised by any other person or entity using your User ID and you are responsible for preventing such unauthorised use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Get Fishing may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
Get Fishing relies on User IDs to know whether users accessing the Site and using our Services are authorised to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorisation.
Non-Confidentiality, Security And Privacy:
You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by Get Fishing, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Tournament membership, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with a purchase, other than your credit card information, may be disclosed by us to the Get Fishing Merchant for their commercial purposes including to provide membership.
Any communications between you and Get Fishing, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
Rules Regarding Information And Other Content:
When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorised by Get Fishing), and you agree not to post or use any Content in any manner that:
• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
• violates the privacy, publicity, or other rights of third parties,
• is unlawful, defamatory, discriminatory, libellous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Get Fishing in its sole discretion,
• is false or inaccurate, or
• could damage our company, parent company, sister companies, affiliates, advertisers, or any other third party.
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that breaches our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content breach the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it breaches our policies or not.
General Rules Of User Conduct:
It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
• conduct or promote any illegal activities while using the Site or Services;
• upload, distribute or print anything that may be harmful to children;
• attempt to reverse engineer or jeopardise the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
• attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• use the Site or Services to generate or distribute unsolicited email advertisements or spam;
• use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site or Services; or
• impersonate another user.
We use IP addresses to analyze trends, administer the site, track user”s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers may log standard access information including browser type, access times/open mail, URL requested, and referral URL.
Links To This Website:
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links To Third Party Sites:
We don’t have control over websites that Get Fishing may link to. Get Fishing may contain links to third party websites that are not owned, operated, or controlled by Get Fishing. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using Get Fishing you expressly relieve us from any and all liability arising from your use of any third party website.
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you breach any of the terms and conditions set forth below. In the event of any termination, you will immediately stop using our Site and our Services. Any Voucher issued prior to termination will be honoured according to its terms and the terms of this Agreement specifically applicable to such Voucher.
Limitations of Liability:
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law which include that we will provide the Site and Services to a reasonable standard. Nothing in this Agreement is intended to affect these statutory rights. For more information about your statutory rights contact your local state or territory consumer protection agency.
If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the total amount of fees that you have paid us during the previous 12 month period for the specific service at issue. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement. We are not responsible for:
• losses not caused by our breach;
• indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity;
• content posted by other users;
• contracts entered into with third parties;
• loss of data;
• loss of goodwill;
• computer malfunction or failure;
• business or commercial losses caused to non-consumers; or
• failure to provide the Site or Services or to meet any of our obligations under this Agreement where such failure is due to Events Beyond Our Control. “Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing the Site or Services or fulfilling any of our other obligations under this Agreement and includes but is not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
You agree to compensate Get Fishing for all losses, expenses and other costs (including but not limited to reasonable legal fees) incurred by Get Fishing which are caused by your breach of this Agreement. Any claim that any Content submitted by you causes damage to a third party. This defence and compensation obligation will survive the termination or expiry of this Agreement and your use of Get Fishing.
Reservation of Rights and Release:
Get Fishing reserves the right, but has no obligation, to monitor, or take any action Get Fishing deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you waive and release us from any and all claims or liability related to any Content posted on the Site and from any and all claims related to the conduct of any other customers of ours or any Merchants.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trade marks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “Get Fishing” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on Get Fishing, excluding all intellectual property of other sites obtained by way of API and/or linking and Content posted by our customers, is owned by Get Fishing. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to Get Fishing, subject to copyright and other intellectual property rights under Australian law, the law of the jurisdiction where you reside, and international conventions. Content provided by Get Fishing is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted by this Agreement in and to the Site and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide licence, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may notify our Copyright Agent with the following information in writing: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) 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; (3) 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 us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. Get Fishing’s designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org.
The communications between you and Get Fishing use electronic means, whether you visit the Site or send us emails, or whether Get Fishing posts notices on the Site or communicates with you via email or SMS. For contractual purposes, you (a) consent to receive communications from Get Fishing in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Get Fishing provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Changes to this Agreement and Waivers:
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must stop using our Site and our Services. Your use of our Site and our Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Get Fishing’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Get Fishing. No purported agreement not to enforce any right or modification of this Agreement by Get Fishing via telephone or email shall be valid.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement. Our rights under this Agreement will survive any termination of this Agreement.
We will do our best to resolve any disputes over this Agreement. If you wish to take court proceedings against us, you must do so within Australia. Relevant Australian law will apply.
You represent that you are legally able to accept these Terms of Service and enter into this Agreement. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, and to comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you confirm that you are, in any case, 16 years of age or older. If you aren’t, you must please stop using our Site and our Services without parent supervision.
This Agreement and all documents and communications directly or indirectly relating to it shall be in the English language.
Last updated: 16th June 2016