Terms & Conditions
Moneyfishing.com.au is a unique Australian site that allows anglers around the country to create their own personal anglers profile, get involved with other anglers around Australia through become friends and creating groups, win prizes by having the highest ranking catch in the country, submit and view fishing reports, access a database of fish species information and participate in publicly view forums and blogs. The services provided by money fishing are the MoneyFishing.com.au website and any other features, content, or applications offered from time to time by money fishing in connection with the MoneyFishing website (collectively, the ‘MoneyFishing Services”). The MoneyFishing services are hosted in Australia.
MoneyFishing may modify this Agreement from time to time and such modification shall be effective upon posting by MoneyFishing on the MoneyFishing Website. You agree to be bound to any changes to this Agreement when you use the MoneyFishing Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on the MoneyFishing website and that you provide to other Users. Your MoneyFishing profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other MoneyFishing Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MoneyFishing assumes no responsibility or liability for this material. If you become aware of misuse of the MoneyFishing Services by any person, please contact MoneyFishing or click on the “Report Objectionable Content” link at the bottom of any MoneyFishing.com page.
MoneyFishing 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 the MoneyFishing Services at any time, for any or no reason, with or without prior notice, and without liability.
- 1. Eligibility
Use of and Membership in the MoneyFishing Services is void where prohibited. By using the MoneyFishing Services, you represent and warrant that:
- All registration information you submit is truthful and accurate
- You will maintain the accuracy of such information
- Your use of the MoneyFishing Services does not violate any applicable law or regulation
- 2. Term
This Agreement shall remain in full force and effect while you use the MoneyFishing Services or are a Member. MoneyFishing may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
- 3. Login and 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 MoneyFishing 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.
- 4. Proprietary Rights in Content on MoneyFishing
The MoneyFishing Website and the MoneyFishing 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 MoneyFishing Website, hereby grant to MoneyFishing a perpetual, exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content for any and all commercial uses as MoneyFishing may deem appropriate.
The license you grant to MoneyFishing 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 MoneyFishing is not required to pay you for the use of the Content), sublicensable (so that MoneyFishing may grant its rights to the Content to others)) and worldwide.
You represent and warrant that:
- You own the Content posted by you on or through the MoneyFishing Services or otherwise have the right to grant the license set forth in this section
- The posting of your Content on or through the MoneyFishing 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 the MoneyFishing Services
The MoneyFishing Services include Content created or posted by MoneyFishing (“MoneyFishing Content”). The MoneyFishing Content is protected by copyright, trademark, patent, trade secret and other laws, and MoneyFishing owns and retains all rights in the MoneyFishing.com Content and the MoneyFishing Services. MoneyFishing.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MoneyFishing Content (excluding any software code) and Content submitted by others solely for your personal use in connection with viewing the MoneyFishing Website and using the MoneyFishing Services. Except as expressly permitted in this Section 4, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content.
- 5. Content Posted
MoneyFishing may delete any Content that in the sole judgment of MoneyFishing violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MoneyFishing assumes no responsibility for monitoring the MoneyFishing Services for inappropriate Content or conduct. If at any time MoneyFishing chooses, in its sole discretion, to monitor the MoneyFishing Services, MoneyFishing 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 the MoneyFishing Services, and any material or information that you transmit to other Members and for your interactions with other Users. MoneyFishing does not endorse and has no control over the Content posted by Users. Content is not necessarily reviewed by MoneyFishing prior to posting and does not necessarily reflect the opinions or policies of MoneyFishing. MoneyFishing 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.
- 6. Content/Activity Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MoneyFishing Services. MoneyFishing reserves the right to investigate and take appropriate legal action against anyone who, in MoneyFishing’s sole discretion, violates this provision, including without limitation, removing the offending communication from the MoneyFishing Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MoneyFishing.com:
- is patently 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
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, “spimming”, or “spamming”
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
- 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 MoneyFishing Website and through your use of the MoneyFishing Services. MoneyFishing reserves the right to investigate and take appropriate legal action against anyone who, in MoneyFishing’s sole discretion, 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 MoneyFishing.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 the MoneyFishing Services or the networks or services connected to the MoneyFishing 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 the MoneyFishing Services in order to harass, abuse, or harm another person
- using the MoneyFishing Services in a manner inconsistent with any and all applicable laws and regulations
- 7. Copyright Policy
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 MoneyFishing to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to MoneyFishing by the copyright owner or the copyright owner’s legal agent.
- 8. Member Disputes
You are solely responsible for your interactions with other MoneyFishing Members. MoneyFishing reserves the right, but has no obligation, to monitor disputes between you and other Members.
- 9. Privacy
- 10. Disclaimers
MoneyFishing is not responsible for any incorrect or inaccurate Content posted on the MoneyFishing Website or in connection with the MoneyFishing Services, whether caused by Users of the MoneyFishing Services or by any of the equipment or programming associated with or utilized in the MoneyFishing Services. Profiles created and posted by Members on the MoneyFishing Website may contain links to other websites. MoneyFishing 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 MoneyFishing. Inclusion of any linked website on the MoneyFishing Services does not imply approval or endorsement of the linked website by MoneyFishing. When you access these third-party sites, you do so at your own risk. MoneyFishing takes no responsibility for third party advertisements which are posted on this MoneyFishing Website or through the MoneyFishing Services, nor does it take any responsibility for the goods or services provided by its advertisers. MoneyFishing is not responsible for the conduct, whether online or offline, of any User of the MoneyFishing Services. MoneyFishing 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. MoneyFishing 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 of the MoneyFishing 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 the MoneyFishing Services. Under no circumstances shall MoneyFishing be responsible for any loss or damage, including personal injury or death, resulting from use of the MoneyFishing Services, attendance at a MoneyFishing event, from any Content posted on or through the MoneyFishing Services, or from the conduct of any Users of the MoneyFishing Services, whether online or offline. The MoneyFishing Services are provided “AS-IS” and as available and MoneyFishing expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MoneyFishing cannot guarantee and does not promise any specific results from use of the MoneyFishing Services.
- 11. Limitation on Liability
IN NO EVENT SHALL MONEYFISHING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MONEYFISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MONEYFISHING’S LIABILITY TO YOU FOR ANY 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 MONEYFISHING FOR THE MONEYFISHING SERVICES DURING THE TERM OF MEMBERSHIP.
- 12. Disputes
If there is any dispute about or involving the MoneyFishing Services, you agree that the dispute shall be governed by the laws of the Province of Quebec, Canada.
- 13. Indemnity
You agree to indemnify and hold MoneyFishing, 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 the MoneyFishing 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 MoneyFishing Website or through the MoneyFishing Services causes MoneyFishing.com to be liable to another.
- 14. Refund Policy
In the event that a MoneyFishing event is cancelled, your ticket is automatically good for another tournament outing within the following 3 months from the date of the original outing. In the event that the member cannot participate in a tournament outing in the timeframe outlined above, the member can request a refund in writing within 30 days of the cancelled outing.
- 15. Refund Procedure
Email us at email@example.com with your name and the date that you were unable to compete as well as the detailed problem. MoneyFishing will refund the fee actually paid by you for that outing (s), provided MoneyFishing determines in its sole and absolute discretion that you have been unable to participate in said tournament due to MoneyFishing’s responsibility. We will normally respond in 48 hours with details.
- 16. Customer Service:
MoneyFishing is committed to helping our members. If you are looking for information about MoneyFishing or to answer your most common questions, please email us at firstname.lastname@example.org. For all other inquiries you can reach us on the numbers listed on the ‘Contact Us’ page.
- 17. Other
This Agreement is accepted upon your use of the MoneyFishing Website or any of the MoneyFishing Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and MoneyFishing regarding the use of the MoneyFishing Services. The failure of MoneyFishing 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. MoneyFishing is a trademark of MoneyFishing, Inc. 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.
Contact MoneyFishing with any questions regarding this Agreement.