Terms of Use
1. ACCEPTANCE OF TERMS
Tokyo Fly Fishing & Country Club (“Tokyo Fly Fishing & Country Club “) brings you this website (“Website") on condition you accept the following terms and conditions (“Terms and Conditions"). Your use of this Website constitutes your agreement to all such terms, conditions and notices. This Website contains links to other websites operated by Tokyo Fly Fishing & Country Club (“TFFCC"), and your use of each TFFCC Site is also subject to the Terms and Conditions of Use and other terms and conditions, if any, contained within each Tokyo Fly Fishing & Country Club Site.
2. COPYRIGHT
All Website design, text, graphics, and the selection and arrangement thereof, and all source code and all other material on this Website are copyright Tokyo Fly Fishing & Country Club or its content providers, unless otherwise expressly indicated. All rights reserved. You are permitted to print or download extracts from this material for your personal use only. None of this material may be used for any commercial or public use. No part of the Website or any material appearing on the Website may be reproduced or stored in or transmitted to any other web site. No material appearing on the Website may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of Tokyo Fly Fishing & Country Club. Any other use of the material and content of the Website is strictly prohibited. You agree that you will not (and will not assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
3. CONTENT SUBMITTED TO THE WEBSITE
You acknowledge that Tokyo Fly Fishing & Country Club does not always monitor Content (as defined below) submitted by users, but that Tokyo Fly Fishing & Country Club shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Website. Without limiting the foregoing, Tokyo Fly Fishing & Country Club shall have the right to remove any Content that violates the Terms and Conditions of Use or is in any other way inappropriate or objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You may not submit third party proprietary information to Tokyo Fly Fishing & Country Club without first obtaining permission from the owner. Any Content provided by you by, for example, posting messages to bulletin boards or chat forums, uploading files, inputting data, or engaging in any other form of communication through this Website, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, world-wide licence allowing Tokyo Fly Fishing & Country Club to use, distribute, copy, sub-license, adapt, transmit, publicly perform or display any such content. You agree to irrevocably and unconditionally waive on your behalf in perpetuity in respect of such Content the benefit of any provision of law known as moral rights of authors or any similar law in any country.
4. CONTENT SUBMITTED TO READER GALLERIES AND PORTFOLIOS
By posting your photographs on the Gallery section of this Website you grant Tokyo Fly Fishing & Country Club an irrevocable, royalty free, non-exclusive, worldwide license allowing Tokyo Fly Fishing & Country Club to display your work on this Website. Tokyo Fly Fishing & Country Club undertakes not to publish your images outside of this Website and/or related Newsletters without obtaining your permission first.
5. LINK TO THIRD PARTIES
This Website and the Tokyo Fly Fishing & Country Club Sites may contain links to websites operated by parties other than Tokyo Fly Fishing & Country Club. Such links are provided for your convenience only. Tokyo Fly Fishing & Country Club does not control such websites, and is not responsible for their contents. Tokyo Fly Fishing & Country Club’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. For example, users may be able to buy goods and services via the Website, some of which may be through third party retailers who link to the Website. Users may also enter into correspondence with or participate in promotions of advertisers on the Website. Tokyo Fly Fishing & Country Club in no way endorses these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. Tokyo Fly Fishing & Country Club assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.
6. MEMBER CONDUCT
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Tokyo Fly Fishing & Country Club, are entirely responsible for all Content that you upload to, post on or otherwise transmit via this Website. Tokyo Fly Fishing & Country Club does not control all the Content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable.
You further understand that this Website contains or will contain bulletin boards, chat areas, review sections and other interactive areas, and you agree to use the Website in a way that is proper and related to the Website. For example, you agree that when using the Website you will not:
• Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, or invasive of another’s privacy.
• Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or any Content (or use the Website in any manner) which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
• Upload, post or otherwise transmit any Content that contains any patent, trademark, copyright or other intellectual property rights of any party, unless you own or control the rights thereto or have received all necessary permissions.
• Upload, post or otherwise transmit any material that contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of any Tokyo Fly Fishing & Country Club Site or any servers or networks connected to such Tokyo Fly Fishing & Country Club Site or another’s computer, or any chain letters, pyramid-selling schemes, bulk mail or mails bombs or other such programs.
• Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
• Restrict or in any way inhibit any other user from using the Website.
• Use the Website in a manner that is inconsistent with these Terms and Conditions and/or not in accordance with all relevant laws and regulations or for any illegal purpose.
7. FORUM POSTING/MEMBERSHIP RULES
It is a condition of membership of our forums that you do not;
1. Post or transmit anything unlawful, threatening, abusive, harassing, libellous, threatening, offensive, defamatory, vulgar, obscene, indecent, of a bickering nature or invasive of a member’s or of the Admin teams privacy. Posts should not be inflammatory or discriminate on race, sex, religion, nationality, disability or race. This includes without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
Persistent posting of an irrelevant, disruptive or fragmented nature may result in the expulsion of any member, and the decision as to what may or may not be deemed irrelevant, disruptive or fragmented will be that of the administrators.
2. Download any file posted by any other user if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
3. Post all or part of any private message or e mail without the prior agreement of both the sender and the recipient or disclose any member’s private contact details without prior agreement.
4. Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder.
5. Post or transmit any material of any kind which contains a virus or other harmful component.
6. Have more than one flyforums.co.uk membership valid at any one time. In the event more than one name is registered we will remove both until a reasonable explanation is provided.
7. Make any commercial posts of any nature on any flyforums.co.uk forum. Before businesses and other profit making organisations can make commercial posts they must first register as Forum Business Members.
The sale of a Member’s own personal fishing related items can be made within the Private Classifieds once 30 posts have been made within the other forums. No private sales posts are allowed in any other forum. Please do not post for sale on any forum any items that are counterfeit or may infringe on patents or intellectual property rights.
If you see any posts in breach of these rules please report these via the report abuse button on the forums.
8. Complaints procedure
In the event you have any complaints or suggestions regarding the management/moderation of the Fly Fishing in Japan Forums these should in the first instance be sent to info@tokyoflyfishing.com and not posted on the Forums. These will be given due consideration and if appropriate will be posted on the Forums by our Administration for discussion.
For issues relating to moderation please send these, in the first instance, via private message to Admin and do not post on the forums as the posts will be removed.
9. TOKYO FLY FISHING & COUNTRY CLUB PRIVACY POLICY
All personally identifying information won’t be disclosed to third parties, except as specifically authorized by your or in the good faith believe that such action is reasonably necessary to comply with local law in Japan, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. We may disclose to third parties certain aggregate information, EXCLUDING personally identify information, collected from you when you register or while you use the Website. You should be aware that if Tokyo Fly Fishing & Country Club is requested by the police or any regulatory or governmental authority investigating suspected illegal actives, or upon receipt of a court order, to provide any personally identifying information or the contents of any email and/or information concerning your activities whilst using the Website, Tokyo Fly Fishing & Country Club shall do so. Also, Tokyo Fly Fishing & Country Club reserves the right to disclose personally identifying information to third parties where a complaint arises concerning your use of the Website, and that use is deemed by Tokyo Fly Fishing & Country Club to be inconsistent with these Terms and Conditions.
10. DISCLAIMER / LIABILITY
Use of the Website and the facilities thereon, and any material or information obtained from this Website is at your own risk, and Tokyo Fly Fishing & Country Club hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, expressed or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In addition, Tokyo Fly Fishing & Country Club shall not be responsible for the failure of performance of this Website and/or the software used thereon; the loss of data or services resulting from delays, non-deliveries, or service interruption; the accuracy, quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this Website.
In relation to Content uploaded by users, Tokyo Fly Fishing & Country Club shall not be responsible for any such Content posted by users in chat rooms or other community areas. All such Content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of Tokyo Fly Fishing & Country Club.
Notwithstanding any other provision in these Terms and Conditions, nothing herein shall limit your rights as a consumer under English law. Tokyo Fly Fishing & Country Club will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website, or products or services offered on the Website, whether by Tokyo Fly Fishing & Country Club or on its behalf, for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect or consequential losses;
in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred. Nothing in these Terms and Conditions shall exclude or limit Tokyo Fly Fishing & Country Club’s liability for death or personal injury resulting from the negligence of Tokyo Fly Fishing & Country Club or that of its servants, agents or employees. You agree to indemnify Tokyo Fly Fishing & Country Club in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement, or arising out of your use of any of the Tokyo Fly Fishing & Country Club Sites.
11. ACCESS RESTRICTION
Tokyo Fly Fishing & Country Club reserves the right to deny in its sole discretion any user access to this Website or any other Tokyo Fly Fishing & Country Club Site, or any portion thereof, without notice. Tokyo Fly Fishing & Country Club also reserves the right to remove any Content that it deems in its sole discretion to be unacceptable, undesirable or in violation of these Terms and Conditions.