Terms And Conditions
This page (together with the documents referred) contains the terms and conditions on which you may make use of the website www.flyfishmap.com (“the Site”), whether as a guest or a registered user.
Please read these terms carefully before you use the Site. By using the Site, you accept these terms and you agree to abide by them. If you do not agree to these terms, please exit the Site immediately and do not use it in the future.
You should print a copy of these terms and conditions for future reference.
WHO WE ARE
www.flyfishmap.com is a site operated by Strike Interactive Limited ("we") a limited company registered in England and Wales under company number 05888840 and registered address 28 Burton Street, Melton Mowbray, Leicestershire, LE13 1AF. Our VAT number is 907127830.
ACCESS AND ACCEPTABLE USE POLICY
Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us.
If you choose a login name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any login or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
When using the Site, you must comply with the provisions of our acceptable use policy:
Prohibited uses
You may use the Site only for lawful purposes. You may not use the Site:
1. in any way that breaches any applicable local, national or international law or regulation;
2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3. for the purpose of harming or attempting to harm minors in any way;
4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan or similar computer code designed to adversely affect the operation of any computer software or hardware;
You also agree:
7. not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our terms of website use;
8. not to access without authority, interfere with, damage or disrupt:
8.1 any part of the Site;
8.2 any equipment or network on which the Site is stored;
8.3 any software used in the provision of the Site; or
8.4 any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on the Site, including, without limitation chat rooms, bulletin boards, forums etc
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.
However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to the Site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards:
Contributions must:
1. be accurate (where they state facts);
2. be genuinely held (where they state opinions);
3. comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
4. contain any material which is defamatory of any person;
5. contain any material which is obscene, offensive, hateful or inflammatory;
6. promote sexually explicit material;
7. promote violence;
8. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
9. infringe any copyright, database right or trade mark of any other person;
10. be likely to deceive any person;
11. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
12. promote any illegal activity;
13. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
14. be likely to harass, upset, embarrass, alarm or annoy any other person;
15. be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
16. give the impression that they emanate from us, if this is not the case;
17. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use the Site, and may result in our taking all or any of the following actions:
1. immediate, temporary or permanent withdrawal of your right to use the Site;
2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
3. issue of a warning to you;
4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. further legal action against you;
6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users the Site, you must comply with the content standards set out above. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy above.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
THE SITE CHANGES REGULARLY
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
LIABILITY
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
We expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
1. loss of income or revenue;
2. loss of business;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss of data;
6. loss of goodwill;
7. wasted management or office time; and
8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
We process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH THE SITE
Contracts for the supply any of the business markers and enhancements to those markers (“the Markers”) listed on the Site are entered into on the basis of our standard terms.
Your status
By placing an order for a Marker you warrant that you are legally capable of entering into binding contracts.
How the contract is formed between you and us
Your order constitutes an offer to request a Marker. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Marker has been uploaded onto the Site. The contract between us will only be formed when we send you that confirmation.
Price and payment
The price of any Marker will be as quoted on the Site from time to time. These prices include VAT and any applicable taxes for your jurisdiction. Prices are liable to change at any time, but changes will not affect orders in respect of which we have acknowledged receipt.
Payment for all Markers must be by Paypal.
Markers
We reserve the right to amend the look and feel of the Marker at anytime. Markers will be displayed on the Site for a maximum of one year, commencing on the day that the Marker was first uploaded onto the Site. We cannot guarantee that the Marker will be live and that our services will be uninterrupted or error-free for this period.
Refund policy
Refunds will only be given at our discretion.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO THE SITE
You may link to our home page or to your Marker, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
If you wish to make any use of material on the Site other than that set out above, please address your request to edburgass@strikeinteractive.co.uk
LINKS FROM THE SITE
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Please see our privacy policy for further details
NOTICES
All notices given by you to us must be given to Strike Interactive Limited at info@strikeinteractive.co.uk. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
SEVERABILITY
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
VARIATIONS
We reserve the right to revise these terms at any time by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes we make, as the terms are binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on the Site.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
CONTACT DETAILS
If you have any concerns about material which appears on the Site, you can contact us by e-mailing us at info@strikeinteractive.co.uk
