Premier Pike Tour and PremierPikeTour.com Terms of Use Agreement
The PremierPikeTour.com website provides a service that may allow Members to create unique personal profiles online in order to communicate with other anglers and to have their catches ranked, and to award prizes for the highest ranked fish. The services offered by the Premier Pike Tour (PPT) include the PremierPikeTour.com website and any other features, content, or applications offered from time to time by the PPT in connection with the PPT website.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of any PPT services. By using PPT services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the PPT website) or you are a "Member" (which means that you have registered with the PPT). The term "User" refers to a Visitor or a Member. You are only authorized to use the PPT services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you do not agree with it, you should leave the PPT website and discontinue use of the PPT services immediately. If you wish to become a Member, communicate with other Members and make use of PPT services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes the PPT’s policy for acceptable use of PPT services and content posted on the PPT website, your rights, obligations and restrictions regarding your use of PPT services and the PPT’s Privacy Policy. In order to participate in certain PPT services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to PPT services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Please choose carefully the information you post on the the PPT website. Information provided by other PPT (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. The PPT assumes no responsibility or liability for this material. If you become aware of misuse of PPT services by any person, please contact the PPT immediately.
The PPT reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of PPT services at any time, for any or no reason, with or without prior notice, and without liability.
The PPT may modify this Agreement from time to time and such modification shall be effective upon posting by the PPT on the PPT website. You agree to be bound to any changes to this Agreement after any such modification is posted.
Your Password
When you sign up to become a Member, you will also be asked to choose a login and password. You are entirely responsible for maintaining the confidentiality of your login and password. You agree not to use the login or password of another Member at any time or to disclose your login or password to any third party. You agree to notify the PPT immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Eligibility and Term
Use of and Membership in PPT services is void where prohibited. By using the PPT services, you represent and warrant that all registration information you submit is truthful and accurate. This Agreement shall remain in full force and effect while you use of PPT services or are a Member. The PPT may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
Proprietary Rights of Content
The PPT website and PPT services contain or include a variety of text, files, images, photos, video, sounds, musical works, works of authorship, and other, similar materials (collectively, "Content"). By displaying or posting Content on or through the PPT website, hereby grant to the PPT a perpetual, exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such content for any and all commercial uses as the PPT may deem appropriate.
The license you grant to the PPT is perpetual (it lasts forever), exclusive (meaning you may not license use of the Content to anyone else and may not use, modify, display, reproduce or distribute it yourself for anything other than personal, noncommercial purposes), fully-paid and royalty-free (meaning that PPT is not required to pay you for the use of the Content).
You represent and warrant that you own the Content posted by you on or through PPT services or otherwise have the right to grant the license set forth in this section and that the posting of your Content on or through PPT services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through PPT services
The PPT services include Content created or posted by the PPT. The PPT content is protected by copyright, trademark, patent, trade secret and other laws, and the PPT owns and retains all rights in the PremierPikeTour.com content and PPT services. PremierPikeTour.com hereby grants you a limited, revocable, non sub-licensable license to reproduce and display PPT content (excluding any software code) and Content submitted by others solely for your personal use in connection with viewing the PPT website and using PPT services. Except as expressly permitted in this Section, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content.
Posted Content
The PPT may delete any Content that in the sole judgment of the PPT violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. The PPT assumes no responsibility for monitoring PPT services for inappropriate Content or conduct. If at any time the PPT chooses, in its sole discretion, to monitor PPT services, the PPT nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
You are solely responsible for the content that you post on or through any of PPT services, and any material or information that you transmit to other Members and for your interactions with other Users. The PPT does not endorse and has no control over the Content posted by Users. Content is not necessarily reviewed by the PPT prior to posting and does not necessarily reflect the opinions or policies of the PPT. The PPT makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that Users transmit to other Users.
Prohibited Content and/or Activities
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through PPT services. The PPT reserves the right to investigate and take appropriate legal action against anyone who, in the PPT’s sole discretion, violates this provision, including without limitation, removing the offending communication from PPT services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of the PPT:
· Is offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
· harasses or advocates harassment of another person
· exploits people in a sexual or violent manner
· contains nudity, violence, or offensive subject matter or contains a link to an adult website
· solicits personal information from anyone under 18
· provides any telephone numbers, street addresses, last names, email addresses
· promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
· promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
· furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
· solicits passwords or personal identifying information for commercial or unlawful purposes from other Users
· involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes
· includes a photograph of another person that you have posted without that person’s consent
The following is a partial list of the kind of activity that is illegal or prohibited on the PPT website and through your use of PPT services. The PPT reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of the PPT, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
· criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets
· covering or obscuring the banner advertisements on your personal profile page, or any PremierPikeTour.com page via HTML/CSS or any other means
· any automated use of the system, such as using scripts to add friends or send comments or messages
· interfering with, disrupting, or creating an undue burden on PPT services or the networks or services connected to PPT services
· attempting to impersonate another Member or person
· using the login or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account
· selling or otherwise transferring your profile
· using any information obtained from PPT services in order to harass, abuse, or harm another person
· using PPT services in a manner inconsistent with any and all applicable laws and regulations
Copyrights
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of the PPT to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to the PPT by the copyright owner or the copyright owner’s legal agent.
Privacy Policy
Use of PPT services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers
The PPT is not responsible for any incorrect or inaccurate Content posted on the PPT website or in connection with PPT services, whether caused by Users of PPT services or by any of the equipment or programming associated with or utilized in PPT services. Profiles created and posted by Members on the PPT website may contain links to other websites. The PPT is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by the PPT. Inclusion of any linked website on the PPT website does not imply approval or endorsement of the linked website by the PPT. When you access these third-party sites, you do so at your own risk. The PPT takes no responsibility for third party advertisements which are posted on the PPT website or through PPT services, nor does it take any responsibility for the goods or services provided by its advertisers. The PPT is not responsible for the conduct, whether online or offline, of any User of PPT services. The PPT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. The PPT is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any PPT services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with PPT services. Under no circumstances shall the PPT be responsible for any loss or damage, including personal injury or death, resulting from use of PPT services, attendance at a PPT event, from any Content posted on or through PPT services, or from the conduct of any Users of PPT services, whether online or offline. PPT services are provided "AS-IS" and as available and the PPT expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The PPT cannot guarantee and does not promise any specific results from use of the PPT services.
Limitation of Liability
In no event shall the PPT be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from you use of PPT services, even if the PPT has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, The PPT’s liability to you for any such cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid (if any) by you to the PPT for PPT services during the term of membership.
Indemnity
You agree to indemnify and hold the PPT, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of PPT services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the PPT website or through PPT services causes PremierPikeTour.com to be liable to another.
Disputes
You are solely responsible for your interactions with other PPT Members. The PPT reserves the right, but has no obligation, to monitor disputes between you and other Members.
If there is any dispute about or involving PPT services, you agree that the dispute shall be governed by the laws of the State of Michigan.
Other
This Agreement is accepted upon your use of the PPT website or any PPT services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and the PPT regarding the use PPT services. The failure of the PPT to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The PPT and Premier Pike Tour are trademarks of Coolwater Angler, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.