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IMC
Inc. Web Site Agreement
IMC Inc., Sportfishingflorida.net / saltwaterforums.net
Web Site (the "Site") is an online information service provided by
IMC inc.
("IMC Inc., Sportfishingflorida.net / saltwaterforums.net"),
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. IMC INC., SPORTFISHINGFLORIDA.NET / SALTWATERFORUMS.NET 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.
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
IMC Inc., Sportfishingflorida.net / saltwaterforums.net,
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 IMC Inc., Sportfishingflorida.net /
saltwaterforums.net 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 IMC Inc., Sportfishingflorida.net / saltwaterforums.net
by all means and in any media now known or hereafter developed. You
also grant to IMC Inc., Sportfishingflorida.net /
saltwaterforums.netthe 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 IMC Inc., Sportfishingflorida.net / saltwaterforums.net for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to IMC Inc.,
Sportfishingflorida.net / saltwaterforums.net.
TRADEMARKS.
The
site or any other names of IMC Inc.,
Sportfishingflorida.net / saltwaterforums.net or its publications,
products, content or services referenced herein or on the Site are
the exclusive trademarks or servicemarks of IMC Inc.,
Sportfishingflorida.net / saltwaterforums.net. 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 IMC Inc.,
Sportfishingflorida.net / saltwaterforums.net, IMC Inc.,
Sportfishingflorida.net / saltwaterforums.net does not operate,
control or endorse any information, products or services on the
Internet in any way. Except for IMC Inc.,
Sportfishingflorida.net / saltwaterforums.net- 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 IMC Inc., Sportfishingflorida.net / saltwaterforums.net . You
also understand that IMC Inc., Sportfishingflorida.net /
saltwaterforums.net 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. IMC INC., SPORTFISHINGFLORIDA.NET /
SALTWATERFORUMS.NET 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 IMC INC., SPORTFISHINGFLORIDA.NET / SALTWATERFORUMS.NET
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. IMC INC., SPORTFISHINGFLORIDA.NET / SALTWATERFORUMS.NET 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.
IMC INC., SPORTFISHINGFLORIDA.NET / SALTWATERFORUMS.NET
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL IMC INC., SPORTFISHINGFLORIDA.NET /
SALTWATERFORUMS.NET 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 IMC INC.,
SPORTFISHINGFLORIDA.NET / SALTWATERFORUMS.NET 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,
IMC INC., SPORTFISHINGFLORIDA.NET /
SALTWATERFORUMS.NETLIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
IMC Inc., Sportfishingflorida.net / saltwaterforums.net 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-IMC Inc., Sportfishingflorida.net /
saltwaterforums.net web site, please understand that it is
independent from IMC Inc., Sportfishingflorida.net /
saltwaterforums.net, and that IMC Inc.,
Sportfishingflorida.net / saltwaterforums.net has no control over
the content on that web site. In addition, a link to a IMC Inc., Sportfishingflorida.net / saltwaterforums.net web site
does not mean that IMC Inc., Sportfishingflorida.net /
saltwaterforums.net 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 IMC Inc.,
Sportfishingflorida.net / saltwaterforums.net, 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.
4.
Third Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of IMC Inc.,
Sportfishingflorida.net / saltwaterforums.net 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.
5.Term;
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.
6.Miscellaneous.
This
Agreement shall all be governed and construed in accordance with the
laws of the state of Florida applicable to agreements made and to be
performed in Florida. You agree that any legal action or proceeding
between IMC Inc., Sportfishingflorida.net /
saltwaterforums.net 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 Florida. 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. IMC Inc., Sportfishingflorida.net /
saltwaterforums.net's 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. IMC Inc.,
Sportfishingflorida.net / saltwaterforums.net 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.
COPYRIGHT NOTICE.©
2004 IMC Inc.
Sportfishingflorida.net / saltwaterforums.net,
All rights reserved. |
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