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Website Terms

Terms of Service: Tackle U.S.com

Acceptance of Terms of Service

By use of this web site, you accept and agree to all terms, conditions and notices contained or referenced on the web site ("Terms of Service"). Please read this document carefully. If you do not agree to the Terms of Use, do not use this site. Tackle US Inc. reserves the right to update or revise the Terms of Use at any time without notice, and you should therefore check the Terms of Use periodically for changes. Use of the web site following changes to the Terms of Use constitutes your acceptance of those changes

You agree, through your use of this service, that you will not use the TackleUS.com website or any of its services, including Forums, to post any material which is knowingly false and/or defamatory, inaccurate, illegal, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, or invasive of a person's privacy. 

You agree not to represent yourself as another person, company or entity. This also and especially includes creating more than 1 (One) Logon account per site user. Discovery of this policy violation will result in immediate deletion of ALL related logons and the banning of the offending party. If you are an existing member and do have multiple Logons, please delete all but one. 

 TackleUS.com reserves the right to delete any message for any reason we deem relevant, you remain solely responsible for the content of your messages. We at TackleUS.com reserve the right to revoke your membership to our Forums or disable your posting ability for any violation of our posting policy. 

If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and the software underlying our sites and the Services is the property of TackleUS.com, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

1.  Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;

2.  Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

3.  Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;

4.  Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;

5.  Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

6.  Download any file that you know or reasonably should know cannot be legally obtained in such manner;

7.  Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

8.  Restrict or inhibit any other user from using and enjoying any public area within our sites;

9.  Collect or store personal information about other end users;

10.   Interfere with or disrupt our sites, servers, or networks;

11.   Impersonate any person or entity, including, but not limited to, a Tackle US representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

12.   Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;

13.   Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

14.   Engage in any illegal activities.

15.    Posting any profanity (harsh or mild) in the TOPIC/SUBJECT of your post.

16.    Personal attacks. Anything between you and another user qualifies for personal e-mail. DO NOT post insults, veiled or otherwise, mean-spirited or self-aggrandizing “Photoshopped” images and/or signature lines that include quotations from other members that are taken out of context and intended to defame or embarrass another member or moderator. While debating and discussion is fine, we will not tolerate rudeness, insulting posts, personal attacks or purposeless inflammatory posts.

17.    Use good judgment. Think before posting a possible derogatory or confrontational statement. If it could be interpreted as such, don’t post it.  It will be deleted by a moderator and result in a probable banning of your account. We do not censor opinions or ideas on our forums but we will take action against posts and/or topics that could cause unrest in our community beyond a civil and polite disagreement.

18.   We reserve the right to remove any topics we deem inappropriate or disruptive to our community. Please note that, from time to time, topics may be removed for being inappropriate even though your individual post in that topic may have been perfectly fine. Please do not feel this reflects badly on you.

19.   Do not post anything that could interfere with the viewing of the forum by other members - including any Java or Java script, MARQUEE or other page altering tags. This includes intentional redirection to pages and/or features that are misrepresented. Ex: Using the hyperlink feature to inadvertently engage the site “ignore” function. This will result in immediate banning.

20.    Do not post e-mails or submit to or publish through our forums or otherwise make available on this site any content, or act in a way, which in our opinion: 
(a) libels, defames, invades privacy, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) advocates or promotes illegal activity; posting information on how to defraud any company or promotion of any kind of illegal or unethical activity
(d) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(e) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., “SPAMM-ing”) except as specifically authorized by TackleUS.com;
(f ) Anything that violates the trademark or copyright of TackleUS.com or another company.
(g) copies any other pages or images on this site except with appropriate authority;
(h) contains links to other sites that contain the kind of content, which falls within the descriptions set out above. 

You agree to use our blogs, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

If you post content that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by TackleUS.com for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

License to TackleUS.com 

When you post or submit any information including photos, you are required to abide by the rules governing such posts. Do not post or load any information or pictures where you are not the owner and as such own the rights to the document or picture.

When you post a message, upload a file (including pictures), or otherwise provide us with material for display on the website, you are granting TackleUS.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: 

1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. 

2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. 

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

We reserve the right to take any actions deemed appropriate to ensure these forums are not disrupted or abused in any way.  Furthermore, we reserve the right to ban anyone who willfully violates the above forum rules. Please remember that access to our forums is a free service.

 

Proprietary Rights

The web site TackleUS.com is owned by Tackle U.S. Inc. Copyright ©2010. All rights reserved. This site was developed by and is operated by Tackle U.S. Inc.

You acknowledge and agree that all content and materials on this web site, or made available to you through this web site, are protected by applicable intellectual property and other laws, and that you do not own or otherwise have a proprietary interest in or right to use such content and materials. Unless authorized in writing by Tackle U.S. Inc., you agree not to sell, license, modify, rent, lease, loan, distribute, copy, reproduce, transmit, publicly display, publish, adapt, or edit, in whole or part, such content and materials, including URLs, page names, or page descriptions, or create derivative works thereof, including, without limitation, fonts, icons, link buttons, wall paper, desktop themes, on-line postcards, greeting cards or unlicensed merchandise. Requests to reproduce or distribute the content or materials found on this web site can be made by writing Tackle U.S. Inc.at the address found on the contact page of this site.

Disclaimer

Your use of the web site is at your sole risk. All content, materials, information, software, products and services included in or available though this web site (collectively, the "Content") are provided on an "as is" and "as available" basis. Tackle U.S. expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Tackle U.S. Inc. makes no warranty that the Content (a) will meet your needs or requirements, or is of a certain quality, (b) is accurate, reliable or correct, (c) will be available on the web site at any specific time or location, (d) will be available on the web site uninterrupted, secure or error-free, or (e) is free of viruses or other harmful components. No advice or information available on the web site shall create any warranty not stated in the Terms of Use. Any material which you download or obtain via other means from the web site is done at your own risk. In the event a jurisdiction does not allow the exclusion of certain warranties, Tackle U.S. Inc. warranties in such jurisdiction shall be limited to the extent permitted by law.

Limitation of Liability

Under no circumstances shall Tackle U.S. Inc, any of its subsidiaries, affiliates, franchisees, agents, employees, licensees, subcontractors, or any third party providers be liable to you for any direct, indirect, incidental, special, circumstantial or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even Tackle U.S. Inc. has been advised of the possibility of such damages), that result from the use or inability to use this web site. The foregoing limitation applies regardless of the nature or theory of law upon which such any alleged liability is based. In the event a jurisdiction does not allow the exclusion or limitation of certain damages, Tackle U.S. Inc's liability in such jurisdiction shall be limited to the extent permitted by law.

Indemnification.

You agree to defend, indemnify and hold harmless Tackle U.S. Inc, its parents, affiliates, franchisees, together with their respective clients (including TackleUS.com) employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this web site, your failure to use the site, your breach or alleged breach of the Terms of Use or your breach of the copyright, trademark, proprietary or other rights of third parties.

Trademark Information

The Tackle U.S. Inc name and logo and the Tackle U.S. signature illustrations featuring “My Gooma" are trademarks or service marks of Tackle U.S. Inc. Without Tackle U.S. Inc written permission, you agree not to display or use these marks in any way.

Third Party Websites

To the extent this site may link you to, or provide a link to, other sites on the Internet, Tackle U.S. Inc. is not responsible for the privacy policies, accuracy, copyright compliance, legality, decency or any other aspect of the content of those web sites. Links to third-party web sites does not imply any endorsement of or association with such web sites by Tackle U.S. Inc.

Choice of Law and Forum

These Terms of Use will be governed by and construed in accordance with the laws of the state of New York, without regard to its conflicts of laws provisions. You and Tackle U.S. Inc, expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the web site shall be in the state or federal courts of the state of New York, county of Richmond, and you agree and submit to the exercise of personal jurisdiction of such courts over you for the purpose of litigating any such claim or action.

Linking

If you are interested in creating hypertext links to this web site, you may do so after gaining written approval from Tackle U.S. Inc.. Any hypertext links to Tackle U.S. Inc. do not represent in any way that you have received the endorsement, sponsorship or support of this web site or Tackle U.S. Inc, including its respective subsidiaries, affiliates, franchisees, licensees, employees, agents, directors, officers and shareholders.

International Use

Tackle U.S. Inc. does not represent that the content on this web site is appropriate or available for use in locations outside the United States, and therefore, accessing the web site from locations where the contents are illegal is prohibited. To the extent you access the web site from such locations; you do so at your own risk and are solely responsible for compliance with local laws.

Waiver and Severability

The failure of Tackle U.S. Inc to exercise or enforce any right arising from the Terms of Use, a violation of the Terms of Use, or your use of the web site shall not constitute a waiver of such right or provisions. In the event any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, you and Tackle U.S. Inc agree that the court should construe that part in a manner consistent with applicable law to reflect as nearly as possible, the original intention of the parties, and the other provisions of the Terms of Use shall remain in full force and effect.

Termination

Tackle U.S. Inc. reserves the right, in its sole discretion, to terminate or block your access to all or part of this web site, with or without notice.

Violations

Please report any violations of the Terms of Use to Tackle U.S. Inc at the address found on the contact page of this site.