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TERMS OF USE : GO FISH CARD


Please read the Terms of Use Agreement ("Terms of Use") described below and Go Fish Card Privacy Policy carefully before using any Go Fish Card Site. Your access to and use of any Go Fish Card Site is subject to these Terms of Use and all applicable laws. By using or visiting any Go Fish Card Site, you agree to be bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use any Go Fish Card Site.

The Terms of Use may be modified or amended, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check the Terms of Use periodically for such changes. Your continued use of a Go Fish Card Site following the posting of changes to these terms will mean you accept those changes. The Go Fish Card reserves the right to impose limits on certain features and services or restrict your access to parts or the entirety of any Go Fish Card Site without notice or liability at any time for any reason or purpose, including but not limited to, conduct that the Go Fish Card believes violates the Terms of Use or other policies or guidelines posted on a Go Fish Card Site. Upon any termination of these Terms of Use, you will immediately discontinue your use and access of all Go Fish Card Sites and destroy all materials that may have been obtained from any Go Fish Card Site

Use Of Materials On Go Fish Card Sites

The Go Fish Card Sites include content and materials including text, video, Webcasts, audio, photos, images, scoring information, trademarks, logos and other intellectual property and proprietary materials which are either owned by, or otherwise made available to the Go Fish Card. Except as provided in these Terms of Use, no content or materials may be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used, without written permission of the Go Fish Card.

The Go Fish Card maintains the Go Fish Card Sites for your personal information, education, communication and entertainment. Subject to these Terms of Use, please feel free to browse the Go Fish Card Sites. You may download materials displayed on a Go Fish Card Site to any single computer only for your 1) personal and noncommercial use and/or 2) legitimate nonprofit educational uses, provided you also retain all copyright and other proprietary notices contained on the materials. Except as set forth above, you may not, distribute, reproduce, republish, display, modify, transmit, reuse or use any materials from a Go Fish Card Site on any other website or otherwise without the written permission of the Go Fish Card. Modification of any materials displayed on a Go Fish Card Site is a violation of the Go Fish Card's copyright and other proprietary rights and is strictly prohibited.

Unless otherwise noted, all trademarks and logos found on Go Fish Card sites are either owned by or licensed to the Go Fish Card. They may not be used without the express written permission of the Go Fish Card.

Images of people or places displayed on Go Fish Card Sites are either the property of or used with permission by the Go Fish Card. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission permitted elsewhere on a Go Fish Card Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, regardless of whether any such use is with the Go Fish Card's permission. The Go Fish Card neither warrants nor represents that your use of materials displayed on any Go Fish Card Site will not infringe rights of third parties.

"Public Forum" means an area, site or feature offered as part of a Go Fish Card Site that enables users or visitors to such Site to submit, post, display and/or view submissions and/or to communicate, share or exchange submissions with other users of a Go Fish Card Site and members of the general public, including, without limitation, a page where you can submit comments on various blogs, articles and posts.

You acknowledge that anything you submit to a Go Fish Card Site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online through a Public Forum, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosure at your own risk.

You are and shall remain solely responsible for the submissions submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of submissions posted in any Public Forum is at your own risk. You further acknowledge that we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We reserve the right to screen, refuse to post, remove or edit submissions at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your submissions including, without limitation, the copyright, we may contact you for further information including, for example, verifying that you own the copyright or otherwise obtained permission to post the material. We are not responsible for the accuracy of any submissions contained in a Public Forum. By posting any submission to the Public Forum, you hereby grant a non-exclusive, fully paid and royalty-free, worldwide license to the Go Fish Card to use, copy, sublicense, adapt, transmit, distribute, publicly perform, publicly display, modify and translate such submission. By posting any submission to the Public Forum, you represent and warrant that your submission does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person and that such posting of any submission does not breach any contract between you and a third party.

Your use of any Go Fish Card Site must be in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the type of submission that is illegal or prohibited on a Go Fish Card Site:

1. is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person or impersonates another person;
3. contains nudity, violence, or offensive subject matter;
4. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing;
5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. exploits people in a sexual or violent manner;
7. solicits personal information from anyone under 18;
8. provides any telephone numbers, street addresses, last names, URLs or email addresses;
9. violates the copyright, trademark or other intellectual property rights of any other person;
10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
12. involves commercial activities and/or sales without our prior written consent such as contest, sweepstakes, solicitation of donations, barter, advertising or pyramid schemes.

Games

Any and all games and their components are offered for informational and/or entertainment purposes only and may not be used in connection with any form of gambling or wagering. The Go Fish Card has the right to modify or discontinue, temporarily or permanently, any game, whether in whole or in part, for any reason, without prior notice.

Linking And Framing

The following restrictions apply to all links to all Go Fish Card Sites from any on-line, cable or wireless or other site, service or browser:

Neither the Go Fish Card logo nor any other logo or service mark of the Go Fish Card may be used to link to any Go Fish Card Site, to any web page within a Go Fish Card Site, or to any website accessible from a Go Fish Card Site, without the express written permission of the Go Fish Card.

Sites, services or browsers other than commercial sites may link to Go Fish Card without the written permission of the Go Fish Card if such link is: (i) a "word" (as opposed to a logo) link, and is (ii) spatially separated from, and not otherwise associated with, any sponsorship, advertising, or other commercial text or graphics that may be on the page and/or area containing such word or link. Please notify the Go Fish Card at admin@GoFishcard.co.za if you are linking to any Go Fish Card Site and include information regarding the name of your website and the name of your website operator (if different than the website owner).

You may request permission to use one or more of the Go Fish Card's "hyperlink logos" in connection with providing a hyperlink to the front page of a Go Fish Card Site. The hyperlink logos include and incorporate the Go Fish Card logo, the Go Fish Card Site-specific logo and the text "Official Website." The Go Fish Card's "hyperlink logos" are the only logos the Go Fish Card permits unaffiliated and non-news third parties to display on the Internet. Permission is granted subject to certain terms and conditions.

Any permitted link to a Go Fish Card Site must be to the Site's home page. Except for limited circumstances, links to internal pages within a Go Fish Card Site (e.g., a link to the Rules of Golf Web page within www.GoFishCard.co.za), other than to the home page of a Go Fish Card Site, are not permitted.

No Site may be "framed" by any other website, without exception.

The posting or creation of a link to any Go Fish Card Site signifies that you have read the restrictions described herein and agree to abide by their terms.

Links To Third Party Sites

Go Fish Card Sites may include hyperlinks to websites operated by third parties other than the Go Fish Card. The Go Fish Card does not control any such websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. Links to and from any Go Fish Card Site to sites maintained by third parties do not constitute an endorsement by the Go Fish Card of any third party site, content, or such site's product or services.

Copyright Notice: No portion of the content of any of the publications contained in the Handicapping section may be used without the express written permission of the Go Fish Card. You may download publications displayed in this section to any single computer only for your 1) personal and noncommercial use and/or 2) legitimate nonprofit educational uses, provided you also retain all copyright and other proprietary notices contained on the materials. Except as set forth above, you may not, distribute, reproduce, republish, display, modify, transmit, reuse or use any publications displayed in this section on any other Web site or otherwise without the written permission of the Go Fish Card. Any reproduction (for purposes other than those noted above), modification, distribution or republication of materials contained on this Web site, without prior written permission of the Go Fish Card, is strictly prohibited. The grant of this license is conditional upon your agreement to and compliance with these Terms of Use.

Disclaimer of Warranties

While the Go Fish Card uses reasonable efforts to include accurate and up to date information on its Sites, it makes no warranties or representations as to such accuracy. The Go Fish Card assumes no liability or responsibility for any errors or omissions in the content of any Go Fish Card Site. Further, the Go Fish Card does not warrant or represent that the information contained on any Go Fish Card Site will be uninterrupted or free of errors and/or viruses. You specifically acknowledge that the Go Fish Card is not liable for the defamatory, offensive or illegal conduct of other users of any Go Fish Card Site and that the risk of injury from the foregoing rests entirely with you. You use the Go Fish Card Sites at your sole risk.

The Go Fish Card makes no representation that the materials contained in any Go Fish Card Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access a Go Fish Card Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

Limitation On Liability

In no event shall the Go Fish Card be liable for any direct, indirect, special, punitive, or consequential damages (including lost profits) that arise out of or in connection with any failure of performance, errors, inaccuracies, omissions, defects, untimeliness, interruption, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, or unauthenticity of any content in a Go Fish Card Site, or the use or inability to use a Go Fish Card Site or any content therein.

Indemnification

You hereby agree to indemnify and hold the Go Fish Card harmless from all claims, liabilities, damages and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of any Go Fish Card Site, including any content from any Go Fish Card Site, (ii) the Go Fish Card's Online Catalog; and (iii) any breach or alleged breach of these Terms of Use.

Choice of Law

These Terms of Use and any disputes relating to these Terms of Use or any Go Fish Card Site will be governed by the laws of the United States of America, the State of New Jersey, and the Federal Arbitration Act for arbitration purposes.

DISPUTES. For disputes involving the unauthorized use of any proprietary material contained on any Go Fish Card Site, the Go Fish Card shall have the option and right to seek preliminary and permanent injunctive relief, and/or any other relief which is available to it, in any federal or state court of New Jersey, the jurisdiction of which you expressly and irrevocably give your consent. All other disputes relating to these Terms of Use shall be resolved by arbitration under the auspices of the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be held in New Jersey unless otherwise agreed by the parties. The decision of the arbitrators shall be final and binding upon the parties and be entitled to be entered as a judgment in any court of competent jurisdiction.

Miscellaneous

These Terms of Use constitute the entire agreement between you and the Go Fish Card, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Go Fish Card. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Disclaimer

Due to rapid changes in internet technology, this policy may be updated periodically. All revisions will be posted to this site, and will apply to all data collected by the Go Fish Card before and after the revised policy's effective date.

 


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