intoafish.com Privacy & Security Statement - Terms and Conditions
Note: intoafish.com is a free service. The following conditions are enforced to ensure the trouble free operation of the software for everyone. Members that violate the below listed terms will have their photos and catch records deleted without prior notices. Keep a back up copy of all of your photos and catch records on your local computer. We hope you enjoy using intoafish.com.
intoafish.com is a website and service provided by WadersOn.com, for more information about WadersOn.com visit our web site at www.WadersOn.com
IAF PRIVACY AND SECURITY STATEMENT
REGISTERING WITH INTOAFISH.COM
Personal information relating to you and your recorded catches are only available
for you to edit when you login with your registered username and password. You
can update or delete your information at any time through the 'your account'
page.
If you forget your password, you can request that it be emailed to your registered
email address. We will not give passwords out over the phone, nor will we email
them to a different email address than the one used to register.
INFORMATION WE COLLECT
Every time you visit our website, we automatically collect your Internet service
provider’s address, the Web page from which you came, and a general record
of your activity on our site. When you register, we collect information that
you volunteer such as your name, email address, country and other information
necessary to post your catch or include your postings in IAF forum boards.
INFORMATION WE SHARE WITH OTHERS
We contract with other companies to provide certain services. We provide these
companies with only the information they need to perform their services and
work closely with them to ensure that your privacy is respected and protected.
These companies are contractually-restricted from using your information in
any manner other than in helping us to provide you with the products and services
available from intoafish.com or WadersOn.com.
You should also be aware that we may disclose specific information about you
if required to do so by law, governmental request or court order or based on
our good faith belief that it is necessary to conform or comply with such law,
request or court order or to protect the users of our website or the public.
COOKIES
We use cookies to recognize you and your preferences & provide you with
a customized experience on our website. Cookies are bits of information that
we automatically store on your computer if your computer accepts cookies. Cookies
do not contain any personally identifiable information such as your name or
address. intoafish.com places a unique user ID number on your cookie which allows
us to access information that will improve your experience of our website. We
also use cookies to track traffic to different parts of the website in order
to make improvements to our site and service. If you do not wish to have a cookie
on your system, you can set your browser preferences to disable cookies
HOW WE USE EMAIL
When you provide us with your email address, we may from time to time use email
to contact you and notify you of new products or services. intoafish.com is
part of WadersOn.com, either of these two sites may send email notifications.
You can unsubscribe from email updates in your 'your account' page.
UPDATING EMAIL OR PERSONAL DETAILS
You can login to intoafish.com with your registered username and password and
edit or delete your information at any time through the 'your account' page.
POLICY CHANGES AND QUESTIONS
From time to time, we may use the information you provide us for new, unanticipated
uses not previously addressed in our Privacy Statement. If our information practices
change at some time in the future we will post the policy changes on the privacy
page of our website to notify you of these changes. You should check our website
periodically for more information on how we use the data we collect.
For questions on our privacy statement, comments or assistance, we invite you
to contact us catch@intoafish.com
IAF TERMS OF WEBSITE MEMBERSHIP:
To remain a member of intoafish.com / IAF's Free Service you must remain in
"Good Standing" Good Standing is defined as:
(i) Complying with the below mentioned terms
(ii) At least 1 visit to your IAF account every 365 days.
(iii) At least 1 photo or video upload (launching phase two of IAF) and account update every 365 days.
Individual Members who remain in good standing receive UNLIMITED
PHOTO RECORDS on their IAF Account.
UNACCEPTABLE CONTENT.
intoafish.com, also known as IAF is a service for storing, and sharing fishing
photos, videos and catch information. We will delete your account along with
all images without prior notice if you use intoafish.com for the following:
a. COPYRIGHTED MATERIAL: Transmission, storage, or distribution of any information,
data, or material in violation of any applicable law or regulation is prohibited.
This includes, but is not limited to: copyrighted material; trademarks; trade
secrets or other intellectual property rights used without proper authorization;
material that is obscene, defamatory, constitutes an illegal threat, or violates
export control laws.
You represent and warrant that you own or otherwise control all of the rights to the Media that you post; that you have received all proper permissions and/or releases relative to all media that you post; that use of the Media you upload to IAF does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify intoafish.com for all claims resulting from Media you supply. intoafish.com has the right but not the obligation to monitor and edit or remove any activity or Media. You understand and agree that intoafish.com takes no responsibility and assumes no liability for any Media posted by you or any third party.
In other words, if you post photos, videos or other media, you agree that you own the rights to the media or have permission to post them, and that you are not violating the rights of another individual, photographer, producer etc.
b. PORNOGRAPHY: To store and/or display pornography or sex-related images of any kind. It is IAF's sole discretion what constitutes pornography. Listings displaying or storing pornography will be deleted.
c. COMMERCIAL USE: To store and/or display photos, videos, text, business advertisments or links to service websites for commercial use. This includes, but is not limited to photos, videos, products, services for auction or sales purposes. (for example: eBay etc.)
d. NON-PHOTO IMAGE DISTRIBUTION: To store and/or display non photo images for distribution; this includes, but is not limited to; game screen captures, movie screen captures, wallpapers, tags, anime, animated .gifs, buddy-icons, avatars, emoticons, and signatures (sigs).
e. HATE: Blatant expressions of bigotry, racism, hatred, or profanity;
f. ILLEGAL ACTIVITIES: Promotion or display of instructional information supporting illegal activities; this includes, but is not limited to, instructions for the building or use of weapons, propagation of "spam" email and/or computer viruses, or any material that infringes the intellectual property rights of third parties;
g. ILLEGAL MATERIALS Anything illegal including, but not limited to, illegal software, warez or hacked software, serial numbers, mail fraud, or pyramid schemes;
h. PHYSICAL HARM: Promotion of physical harm or injury against any group or individual;
i. DEFAMATORY: Material insulting, or that could be considered defamatory or libelous, to other persons, institutions or companies;
j. EXPLOITATION OF CHILDREN: Material that exploits children;
k. COLLECTION OF PERSONAL INFORMATION: Material which attempts to collect personal information about users;
ACCOUNT ACTIVITY.
Your account should be active - that is, it is either receiving visitor traffic
to your listings or is being updated/posted to on a regular basis. Listings
that either receive no visitor traffic or are not updated for a period of 90
days will be considered 'inactive' and may be removed by IAF to make room for
other users.
HOTLINKING IMAGES. Please note you cannot link directly to photos ("hotlinking").
You may link to the pages in your IAF listing page, but you cannot link directly
to the photos themselves. Should you attempt to hotlink photos you will see
the IAF logo instead. Accounts that are determined to be in violation of this
condition shall be subject to suspension and/or removal, at the sole discretion
of IAF.
DIGITAL PHOTO STORAGE As long as you are an Member in Good standing the Service,
IAF, offers free, unlimited storage of your online fishing photos.
DIGITAL VIDEO STORAGE (Phase two of IAF Launch, expected online 4th Quarter
2006) As long as you are an Member in Good standing the Service, IAF, offers
free storage of up to 10 videos.
ALLOWABLE PHOTO & VIDEO FILETYPES.
The following types of image files are allowed in your account:
.jpg/.jpeg (JPEG format)
The following types of video files are allowed in your account after phase 2
of website launch (Appox timeframe 4th Quarter 2006):
.mov (Quicktime movie file format)
.avi (Audio Video Interleaved format)
.wmv (Windows Media Video format)
.mpeg (Moving Picture Experts Group format)
.mpg (Moving Picture Experts Group format)
.mpg4 (Moving Picture Experts Group format)
Any other files located by IAF will be automatically deleted.
A. PHOTO FILESIZE RESTRICTIONS The maximum individual file size is 4MB. Any
individual photos exceeding this limit located by IAF will be automatically
deleted.
B. VIDEO FILESIZE RESTRICTIONS The maximum individual file size is 20MB. Any individual videos exceeding this limit located by IAF will be automatically deleted.
FEES, PAYMENT AND TERM. The core service provided by IAF for individual members
and not business or organizations is Free. However, some premium services are
for fee. As consideration for such services you agree to pay us the applicable
service(s) fees. All fees payable hereunder are non-refundable. Premium services
may include fishing related business or professional organizations.
ACCOUNT INFORMATION. As consideration for the Services, you agree
to: (1) provide certain current, complete and accurate information about you
as required by the registration process and (2) maintain and update this information
as needed to keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information"). You
hereby grant us the right to disclose to third parties as needed to maintain
your services. We do not share your information with third parties in an attempt
to monetize your information through advertising, Spam, or other devices that
would compromise your trust in IAF or WadersOn.com. By submitting to this Agreement,
you represent that the statements you have made here in are true and you will
not use our Services for any unlawful purpose.
CANCELLATION. If you would like to delete your IAF account, you need to send
an email from the email address used to create your IAF account by clicking
here requesting that we delete your account for you. Once you have cancelled
your account, all images and content uploaded to your IAF account will be deleted
and will no longer be available.
TERMINATION IAF may, in its sole discretion, terminate your Membership (or any
part thereof) or your use of the Service, and remove and discard any Content
at any time, without notice, for any reason, including, but not limited to:
(i) conduct that violates these Terms or other policies or guidelines set forth
by IAF elsewhere on the Site, (ii) conduct IAF believes is harmful to other
IAF users and site visitors, the business of IAF, or WadersOn.com, or (iii)
failure to remain a Member in Good Standing. IAF will not be liable to you or
any third-party for any termination of your access to the Service.
SECURITY. Violations of system or network security are prohibited and may result
in criminal and civil liability. Examples include but are not limited to the
following: unauthorized access, use, probing, or scanning of systems security
or authentication measures, data, or traffic; interference with service to any
user, host, or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks; forging of any
TCP-IP packet header or any part of the header information in an email or a
newsgroup posting.
COUNTRY OF ORIGIN. IAF reserves the right to restrict access to our servers
from areas of the globe with a high level of abusive activity. These areas may
change periodically based on the origins of this inappropriate activity.
CUSTOMER CONDUCT. You are solely responsible for the contents
of your transmissions and listing through IAF. Your use of the IAF service(s)
is subject to all applicable local, national and international laws and regulations.
You agree:
a. To comply with UK law regarding the transmission of technical data exported
from the United Kingdom through IAF;
b. Not to use IAF for illegal purposes;
c. Not to interfere or disrupt networks connected to IAF;
d. To comply with all regulations, policies and procedures of networks connected to IAF. You agree not to transmit through IAF's service(s) any unlawful, harassing, libelous, abusive, threatening, harmful, or otherwise legally objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another customer's use and enjoyment of IAF's service(s) or another entity's use and enjoyment of similar services. We may, at our sole discretion, immediately terminate your service or any agreement with us should your conduct fail to conform to these terms and conditions.
ACTIONS TAKEN BY IAF. Your failure to meet or follow any of the Terms and Conditions set forth by IAF is grounds for account deactivation. IAF will be the sole arbiter as to what constitutes a violation of its Terms and Conditions. IAF reserves the right to remove any account without prior notice. When IAF becomes aware of an alleged violation of its Terms and Conditions, IAF will initiate an investigation. During the investigation, IAF may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, IAF may, at its sole discretion, restrict, suspend, or terminate a customer's listing account and/or pursue other civil remedies. If such violation is a criminal offense, IAF will notify the appropriate law enforcement authorities of such violation. Should such violation take place, we retain the right to communicate personally identifiable information to other interested parties in connection with law enforcement operations.
MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement,
that we may: (1) revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. Any such revision or change
will be binding and effective immediately on posting of the revised Agreement
or change to the service(s) on our web site, or on notification to you by e-mail
or regular mail as per the Notices section of this agreement. You agree to review
our web site, including the Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision to the Agreement, you may terminate
this Agreement at any time by providing us with notice by e-mail or regular
mail as per the Notices section of this agreement. Notice of your termination
will be effective on receipt and processing by us. You agree that, by continuing
to use the Services following notice of any revision to this Agreement or change
in service(s), you abide by any such revisions or changes.
To help you track the changes to our Terms and Conditions, the date of the material changes to our Terms and Conditions will be noted here, July 26, 2006.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information
with us, you must use your Account Username and Password that you selected when
you opened your account with us. Please safeguard your Account Username and
Password from any unauthorized use. In no event will we be liable for the unauthorized
use or misuse of your Account Username or Password. Please ensure you select
a secure option for both, include a series of characters and numbers within
your Account Username or Password.
ANNOUNCEMENTS. We reserve the right to distribute information to you that is
pertinent to the quality or operation of our services and those of our service
partners. These announcements will be predominately informative in nature and
may include notices describing changes, upgrades, new products and services
offered by IAF, WadersOn.com or 3rd Parties or other information to add security
or to enhance your identity on the Internet. By accepting these Terms and Conditions
and by using IAF's Services you agree to receive these communications.
LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive
remedy, with respect to any Services(s) provided under this Agreement and any
breach of this Agreement is solely limited to the amount you paid for such Service(s).
We and our contractors shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability to use
any of the Services or for the cost of procurement of substitute services.
INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees, of third parties relating to
or arising under this Agreement, the Services provided hereunder or your use
of the Services, including without limitation infringement by you, or someone
else using the E-mail Service with your computer, of any intellectual property
or other proprietary right of any person or entity, or from the violation of
any of our operating rules or policy relating to the service(s) provided. When
we are threatened with suit by a third party, we may seek written assurances
from you concerning your promise to indemnify us; your failure to provide those
assurances may be considered by us to be a breach of your Agreement and may
result in termination of our Services to you.
DISCLAIMER OF WARRANTIES. You agree and warrant that the information that you
provide to us to register for our Services is, to the best of your knowledge
and belief, accurate and complete, and that any future changes to this information
will be provided to us in a timely manner according to the modification procedures
in place at that time. You agree that your use of our Services is solely at
your own risk. You agree that such Service(s) is provided on an "as is,"
"as available" basis. We expressly disclaim all warranties of any
kind, whether express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement. We
make no warranty that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error free; nor do we make
any warranty as to the results that may be obtained from the use of the Service(s)
or as to the accuracy or reliability of any information. No advice or information,
whether oral or written, obtained by you from us or through the e-mail service
or forums shall create any warranty not expressly made herein.
CONTENT COPYRIGHT. All media and related content uploaded to IAF are copyright
of their owners. All other content is copyright (c)1997-2006, intoafish.com,
IAF will not share your images unless instructed by you. Please note, when you
share or make publicly viewable a photo listing, you allow recipients and viewers
of the site to access and make photographic prints from the images contained
in that listing.
CONTENT LICENSING. By submitting content to WadersOn.com's IAF service, you
grant WadersOn.com and IAF a royalty-free, nonexclusive, worldwide, unrestricted
license to use, copy, transmit, publicly display, publicly perform, create compilations
including, and distribute such content, for the limited purposes of publishing
and promoting the user's content in connection with the particular service with
which the user has chosen to have the content hosted and for publishing and
promoting such content elsewhere within the WadersOn.com Network. Such license
shall apply with respect to any form, media, or technology now known or later
developed. This term will extend only for the duration of the user's membership
with the particular IAF service. In the event that such membership is terminated,
IAF will relinquish all rights to the user's Content following the duration
of any applicable promotional activities ongoing at the time the membership
is terminated.
REVOCATION. You agree that we may terminate your right to use our Services if
the information that you provided to register for our Services, or subsequently
to modify it, contains false or misleading information, or conceals or omits
any information we would likely consider material.
RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to
host your photos and/or videos, include your postings in IAF forums or register
you for other Services. You agree that we shall not be liable to you for loss
or damages that may result from our refusal to host your photos and/or videos,
forum postings or register you for other Services.
SEVERABILITY. You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining terms and provisions
will remain in full force and effect.
NON-AGENCY. Nothing contained in this Agreement shall be construed as creating
any agency, partnership, or other form of joint enterprise between the parties.
NON-WAIVER. Our failure to require performance by you of any provision hereof
shall not affect the full right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision hereof be taken or held
to be a waiver of the provision itself.
ENTIRETY. You agree that this Agreement and the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED
IN ACCORDANCE WITH THE LAWS OF THE UNITED KINGDOM APPLICABLE THEREIN WITHOUT
REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT
MUST BE BROUGHT IN THE UNITED KINGDOM.
INFANCY. You attest that you are of legal age to enter into this Agreement.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS.








