FishingZoom.InfoWeb Site Agreement The FishingZoom.Info Web Site (the "Site") is an online information service provided by
GERARD PHILIPPE ("FishingZoom.Info"),subject to your compliance with the
terms and conditions set forthbelow. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSINGOR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TOBE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOUDO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOUMAY NOT
ACCESS OR USE THE SITE. FishingZoom.Info MAY MODIFY THISAGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BEEFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENTON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TOBE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
ORUSE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OFTHE
MODIFIED AGREEMENT. 1.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
FishingZoom.Info, 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/ORSOFTWARE. You may print and download portions of
material fromthe different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright orproprietary notices from the materials. You agree to grant
to FishingZoom.Info 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,
withoutl imitation, ideas contained therein for new or improved
products
and services) you submit to any public areas of the Site (such as
bulletinboards, forums and newsgroups) or by e-mail to FishingZoom.Info
by
allmeans and in any media now known or hereafter developed. You
also grant to FishingZoom.Info the right to use your name in connection
with the submitted materials and other information as well as
inconnection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against FishingZoom.Info for any alleged or actual infringement
or misappropriation of any proprietary right in your communications
to FishingZoom.Info. TRADEMARKS. Publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of FishingZoom.Info.Other product and
company names mentioned in the Site may be the trademarks of their
respective owners. 2. Use of the Site. You understand
that, except for information, products or services clearly identified as
being supplied by FishingZoom.Info, FishingZoom.Info does not operate, control or
endorse any information, products or services on the Internet in any way.
Except for FishingZoom.Info-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 FishingZoom.Info a. You also understand that FishingZoom.Info
cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses,
worms, Trojanhorses or other code that manifest contaminating or
destructive properties. You are responsible for implementing
sufficient procedures and check points 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. YOUASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. FishingZoom.Info PROVIDES THE SITE AND RELATED INFORMATION
"AS IS" AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTSWHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OFTITLE
OR NON INFRINGEMENT, 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 FishingZoom.Info 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. FishingZoom.Info DOES NOT WARRANT THAT
THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED. 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.FishingZoom.Info HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN
NO EVENT WILL FishingZoom.Info BELIABLE FOR (I) ANY
INCIDENTAL,CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOTLIMITED 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, ORANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
FishingZoom.Info 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 SERVICEAND/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 SUCHSTATES, FishingZoom.Info LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW. FishingZoom.Info
makes no
representations whatsoever about any otherweb site which you may access
through this one or which may link to this Site. When you access a
non-FishingZoom.Info web site, please understand that it is independent
from FishingZoom.Info, and thatFishingZoom.Info has no control over the
content on
that web site. In addition, a link to a FishingZoom.Info web site does
not
mean that FishingZoom.Info endorses or accepts any responsibility for
the
content,or the use, of such web site. 3.Indemnification. You
agree to indemnify, defend and hold harmless FishingZoom.Info, itsofficers,
directors, employees, agents, licensors, suppliers and anythird party
information providers to the Service from and against alllosses,
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 accessingthe Service. 4. ThirdParty Rights. The provisions
of paragraphs 2 (Use of the Service), and 3(Indemnification) are for
the benefit of FishingZoom.Info and itsofficers, directors, employees,
agents, licensors, suppliers, and anythird party information providers
to the Service. Each of theseindividuals or entities shall have the
right to assert and enforce those provisions directly against you on its
own behalf. 5.Term;Termination. ThisAgreement
may be terminated by either party without notice atany 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) shallsurvive any termination of
this Agreement. 6.Miscellaneous. This Agreement
shall all be governed and construed in accordancewith the laws of
France applicable to agreements made and to be performed in France. You
agree that any legalaction or proceeding between FishingZoom.Info and you
for any purpose concerning this Agreement or the parties' obligations
hereundershall be brought exclusively in a federal or state court of
competent jurisdiction sitting in France . 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 orcause of
action is barred. FishingZoom.Info's failure to insist upon or enforce strict
performance of any provision of this Agreement shallnot be construed as
a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act tomodify any provision
of this Agreement. FishingZoom.Info may assignits rights and duties under
this Agreement to any party at any time without notice to you. Anyrights not expressly granted herein are reserved. |