| TERMS
OF USE |
Angling
Technologies Terms of Use
Angling Technologies, LLC
(“Angling Technologies) provides an online information
service, angling-technologies.com (the “Site”)
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
ANGLING TECHNOLOGIES MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
Use of the Site
You understand that, except for information, products or services
clearly identified as being supplied by Angling Technologies, Angling
Technologies does not operate, control or endorse any information,
products or services on the Internet in any way. Except for Angling
Technologies - identified information, products or services, all
information, products and services offered through the Site or on the
Internet generally are offered by third parties that are not affiliated
with Angling Technologies. You also understand that Angling
Technologies cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. ANGLING TECHNOLOGIES PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
Angling Technologies SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
ANGLING TECHNOLOGIES DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
THE DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OR ANY REPRESENTATIONS OF
ACCURACY, TIMELINESS OR COMPLETENESS. THE BURDEN FOR DETERMINING
ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY AND FITNESS FOR OR
THE APPROPRIATENESS FOR USE RESTS SOLELY ON THE REQUESTER. ANGLING
TECHNOLOGIES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE USE OF
THE DATA. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THE REQUESTER ACKNOWLEDGES AND ACCEPTS THE
LIMITATIONS OF THE DATA, INCLUDING THE FACT THAT THE DATA IS DYNAMIC
AND IS IN A CONSTANT STATE OF MAINTENANCE, CORRECTION AND UPDATE.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
Angling Technologies HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ANGLING TECHNOLOGIES BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF ANGLING TECHNOLOGIES
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
ANGLING TECHNOLOGIES LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Angling Technologies makes no representations whatsoever about any
other web site which you may access through this one or which may link
to this Site. When you access a non-Angling Technologies web site,
please understand that it is independent from Angling Technologies, and
that Angling Technologies has no control over the content on that web
site. In addition, a link to a Angling Technologies web site does not
mean that Angling Technologies endorses or accepts any responsibility
for the content, or the use, of such web site.
Copyright, Licenses and Idea
Submissions
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Angling Technologies, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print
and download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from the
materials. You agree to grant to Angling Technologies a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or by
e-mail to Angling Technologies by all means and in any media now known
or hereafter developed. You also grant to Angling Technologies the
right to use your name in connection with the submitted materials and
other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you
shall have no recourse against Angling Technologies for any alleged or
actual infringement or misappropriation of any proprietary right in
your communications to Angling Technologies.
Indemnification
You agree to indemnify, defend and hold harmless Angling Technologies,
its officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing the Service.
Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Angling Technologies and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
Miscellaneous
This Agreement shall all be governed and construed in accordance with
the laws of The United States of America applicable to agreements made
and to be performed in The United States of America. You agree that any
legal action or proceeding between Angling Technologies and you for any
purpose concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America. Any cause of
action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. Angling Technologies
failure 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. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. Angling
Technologies may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Any rights not expressly granted
herein are reserved
Angling Technologies Copyright
Information
Copyright 2005 Angling Technologies,
LLC ("Angling Technologies"). All rights reserved
Reproduction of any Angling Technologies material is strictly
prohibited. Permission to use all Documents and related graphics and
any other materials from this website is subject to the following Terms
and Conditions, in addition to those provided in the license you
purchased to become a member:
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Angling Technologies, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print
and download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from the
materials. You agree to grant to Angling Technologies a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or by
e-mail to Angling Technologies by all means and in any media now known
or hereafter developed. You also grant to Angling Technologies the
right to use your name in connection with the submitted materials and
other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you
shall have no recourse against Angling Technologies for any alleged or
actual infringement or misappropriation of any proprietary right in
your communications to Angling Technologies.
TRADEMARKS.
Publications, products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of Angling
Technologies. Other product and company names mentioned in the Site may
be the trademarks of their respective owners.
ADDITIONAL NOTICES
TerraServer and the U.S. Geological Services through the TerraServer
project have provided additional imagery for this site.
|
|
|
|
