Terms of Use Agreement - NationalProStaff.com
ENSURE YOU READ THIS AGREEMENT THOROUGHLY
NationalProStaff.com (“NationalProStaff.com”, “we”, “us” or “our”) is a fan based social networking service for professional and amateur anglers, fishermen, brands, and fishing businesses, which allows members to create personal accounts to locate and follow professional anglers, apply to companies for sponsorship opportunities (“sponsors”), and gain access to the most relevant and recent fishing information from local professionals. NationalProStaff.com may include third-party branded content and links to external sites. Our services will include; a link between professionals and their fans, sponsorship opportunities, real time fishing news and reports, profile networking, private and public messaging, and content or applications developed and promoted by us. NationalProStaff.com is hosted in Canada and operates under BXD Solutions.
The NationalProStaff.com Term of Use Agreement (“Agreement”) is subject to periodical changes and therefore will encompass the guidelines for your use of NationalProStaff.com services and tools. These changes shall be effective once posted on NationalProStaff.com. Your use of NationalProStaff.com, will constitute your agreement to comply with this Agreement, whether you are a “Visitor” (Using NationalProStaff.com without registering or becoming a member) or you are participating “Member” (Using NationalProStaff.com as registered as a member). For the remainder of this agreement the terms “You” and “Your” will refer to you as a User, Visitor, Pro Staff, Amateur Pro, Company, or General Member.
If you are using NationalProStaff.com with the permission of a participating company or organization, such entities hold the right to a separate agreement with us. If you may be acting on behalf of a company you are solely bound by this Agreement. You are authorized to use NationalProSatff.com only if you agree to the terms within this agreement and all other applicable laws, rules, and regulations (“Applicable Law”) set out by governing authorities. To validate your commitment to this agreement you will be required to confirm you have read and agreed to the content within.
Any revisions to this Agreement will apply to you and your continued use of NationalProStaff.com. For this reason it is recommended that you review the content of this agreement regularly to ensure you are familiar with its content. If for some reason you disagree with these terms or any other Applicable Law you must discontinue your use of NationalProStaff.com immediately.
Utilization of NationalProStaff.com: Assuming you have agreed to this Agreement, registered, paid applicable fees for services offered, NationalProStaff.com will provide you a limited, terminable, personal, non-exclusive license to access and use the services of this website. All rights not specifically outlined in the license set forth, shall be reserved and remain always with NationalProStaff.com. Therefore you shall be individually responsible for the supervision, management, and control of your user login and password to access NationalProStaff.com. It is imperative that you properly logoff or exit NationalProStaff.com at the end of your session. We are not responsible or liable for any loss or damage to your information. If you fail to use our service in accordance with these terms as well as all applicable laws we have the right to without notice, terminate your access and membership to NationalProStaff.com and pursue any other measures required to protect our service, partners, Companies, Pro Staff, Amateur Pros, members, security, general users, and the website in its entirety.
Membership/Users of NationalProStaff.com: NationalProStaff.com memberships and accounts will be banned whenever in violation of this Agreement or other applicable laws. No minors under the age of 13 may use or access the NationalProStaff.com site unless granted the consent of the minor’s parents or legal guardian. By agreeing to this Agreement as a Member, or parent/legal guardian of a Member, you warrant that you are at least 18 years of age, legally capable or understanding this document, and that all information provided or submitted is factual and accurate. You are directly responsible for all content published or posted through your account, including any messages sent to Professionals, companies, or other Members. When you become a Member of NationalProStaff.com you should read and review our Privacy Policy which outlines how your personally identifiable information may be collected or used. You shall not sell or transfer your account information to another user at anytime. To register as a member with NationalProStaff.com, you must provide a valid e-mail address, username, and password (together, your User ID), as well as other basic information about yourself and the sport. You may provide only true, complete and current information about you. Your User ID will give you access to your NationalProStaff.com account and you should not allow anyone else to access or use your NationalProStaff.com account or User ID. Because you are directly responsible for what is published by your User ID you may avoid disclosing your User ID to anyone else. If you have any reason to believe there may be some unusual or unauthorized activity in your account you must notify us (BXD Solutions) immediately at info@nationalprostaff.com
First and Last Names and Profile pictures are for personal use only, and not for promotional use of other business or other type of promotional effort. If it is believed that your profile picture is not an image of yourself (human) and your name is not correct or real, NationalProStaff.com reserves the right to disable accounts without notice or refund until the user is able to confirm identity with BXD Solutions. Use of personal account profiles cannot be used for promoting products or business that are not direct sponsors or affiliate companies of NationalProStaff.com and cannot be used to direct users to other non affiliate sponsor websites.
Limitations: When using NationalProStaff.com you will be responsible for any and all acts that occur under the use or your user login name and password. You shall be responsible for any charges incurred through the use of your login information. Therefore you shall not partake or engage in any improper use of NationalProStaff.com. This includes and is not limited to using our service to publish any content that: (a) is offensive, racist, hatred or physical harm of any kind against anyone using our service; (b) harasses or advocates harassment of any kind to other persons on our site; (c) involves the transmission of junk mail and spamming or otherwise is an advertisement to, or solicitation of, any Member, User or Partner to buy or sell any products or services through the Service; (d) promotes information that you know is false or dishonest or promotes illegal activities, is threatening, obscene, defamatory or libelous; (e) uses unauthorized copies of another person’s copyrighted work, such as images or videos, or logos, without authorization from the creators. (f) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (g) provides instructional information about illegal activities such as hacking or the creation of viruses, (h) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (i) involves commercial activities without the consent of companies such as advertising or contests; or (j) is deemed by NationalProStaff.com and BXD Solutions to be in conflict with the intentions of this Agreement. NationalProStaff.com and BXD Solutions reserves the right to investigate and take appropriate legal action whenever seen fit, against anyone who is in violation of this agreement.
Companies/Sponsorship: There is absolutely no guarantee that companies, brands, or businesses will grant members who apply for sponsorship opportunities through NationalProStaff.com a contract. In the event that you do enter into a sponsorship arrangement, you acknowledge that you may not disclose to any third party the information acquired through the services, including, but not limited to, the terms of your contracts. In many cases you will be required to abide by the terms of companies when entering into a sponsorship contract.
Tenure & Fees: This agreement will be the foundation of your use while participating in any way on NationalProStaff.com. It must be known that NationalProStaff.com reserves the right to terminate and remove your account for any reason, effective upon sending a notice to you at the email provided during your registration. If your account is terminated due to improper use of our service or neglect for this Agreement, you shall not be entitled to any refund or unused balances if applicable. NationalProStaff.com reserves the right to charge for the service and should a member/user fail to pay for the service, as required by this agreement we have the right to terminate the account.
Mobile Network & Cellular Services: NationalProStaff.com may offer mobile applications in the future. If you use the current services through a mobile device, you agree that information about your use of the services through your mobile device and carrier may be communicated to us, included but not limited to your mobile carrier, your mobile device, or your physical location. You will be responsible for all charges and necessary permissions related to accessing NationalProStaff.com through your mobile provider. Be sure to check with your cell phone carrier to find out if the Services are available and the terms for these services for your specific mobile device.
NPS Shops: Through the Shops section of NationalProstaff.com (the “website”), users of the website may browse for goods or services available from participating merchants (“Merchants”). These goods or services may be purchased at such Merchants’ places of business and/or online stores. Merchants, not NationalProStaff.com, are the sellers of the goods and services which are advertised within the Shops section of the website, and are solely responsible for any advertised price, delivery of product or service, or any commitments made in respect thereto. The Merchants are fully responsible for all goods and services it provides to you in connection with any sales which may have been advertised or originated through the website (including the quality of the product or service thereof), and any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer related to the purchased or otherwise acquired goods or services. Prostaff on the website who may answer product questions and provide opinions do not necessarily represent the view or opinion of NationalProstaff.com.
NationalProStaff.com is not responsible for pricing or quantity errors, description misstatements or misrepresentations, nor is it responsible for fulfilling any offer advertised for a good or service on the website. NationalProstaff.com shall not be held liable in any manner whatsoever in respect of any good or service displayed, advertised, or promoted on or through NationalProstaff.com, or any good or service which may have been shared from the website to any other form or fashion of content (e.g. other social media websites, email, print, etc). NationalProstaff.com has full discretion in managing the content posted on its website and may alter, replace, or remove any content it deems appropriate without notice or recourse.
Users of the website shall further abide by the Terms and Conditions specific for each of the respective Merchants for which he or she may wish to conduct business or place an order of good or service.
Payment: This Section will only apply if you elect to make payments on NationalProStaff.com with a credit card. You hereby authorize NationalProStaff.com and BXD Solutions and/or its payment processor to charge all amounts owed as a result of your use of our services to the credit card you provide. You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates. We may also require a secondary credit card number to be used only if the payment to us by your primary credit card is declined. You are responsible for ensuring that the credit card information you provide is true and accurate. You will be responsible for all charges incurred through your use of our site.
Taxes: You are solely responsible for payment of all sales and other taxes arising from your purchases on NationalProStaff.com. Taxes will be assigned based on the rates of where the purchase originates.
Non-Commercial Use: NationalProStaff.com will not accept any commercial endeavours except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the NationalProStaff.com, including collecting usernames and/or email addresses of Members, Companies, or Brands by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to NationalProStaff.com are strictly prohibited. Except as effected or permitted by NationalProStaff.com, all advertisements, unsolicited mailings or advertisement to, or solicitation of, any Member, Company, or Brand to buy or sell any products or services through the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles if they conflict with the intent of our service and the user/member’s account will be removed. To protect our Members and partners from unauthorized advertising or solicitation, we reserve all rights, including, for example, to restrict the number of communications sent on or through NationalProStaff.com. If you are responsible for unsolicited communications in violation of this Agreement, you acknowledge that a fee of upwards of $100.00 CAD may apply for each act. Appropriate legal action will be taken by NationalProStaff.com for any illegal or unauthorized use of our service. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on NationalProStaff.com at any time without notice.
Content: You understand and agree that NationalProStaff.com may review and delete any content, news, messages, applications for sponsorship, photos, videos, comments, blogs or profiles (collectively, “Content”) that in the sole judgment of NationalProStaff.com and BXD Solutions violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member or Partner. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Members and Sponsors. By posting Content on any public area of NationalProStaff.com, you automatically grant as well as represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and that we have the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You also understand and agree that using NationalProStaff.com may involve bugs, errors, problems, or other limitations at any time. We shall be in no way liable for your use of NationalProStaff.com. We also in no way guarantee the information is accurate or true as provided by members on our site.
Copyright Policy: No materials published on our site may be downloaded, distributed, reproduced, or posted in any form without the written permission of us. If you suspect that your original work has been copied or comprised on our website and is a direct violation of any copyright infringements, you are to provide us with a description of the copyright work and a description of where this material is being hosted. We will take all necessary actions to resolve this type of occurrence.
Uploads to NationalProStaff.com: As a user you are responsible for the information you post on NationalProStaff.com. Your profile may include personally identifiable items, including but not limited to: last names, age, email addresses, telephone numbers and location. This information is not visible to others unless you are submitting your profile to a company or brand for sponsorship. Avoid including any personally identifiable information outside your profile. We will reserve the right to reject or remove any profile, sponsorship application, or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the NationalProStaff.com any or no reason, with or without prior notice, and without liability.
Privacy: All information that we obtain from you, or from transactions processed through NationalProStaff.com, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the our site , may be collected and used by us as outlined in our Privacy Policy. View this policy here Privacy Policy You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you if you register and use NationalProStaff.com.
Limitations of Liability: NationalProStaff.com will not be responsible or liable for any direct, indirect, special, consequential or exemplary damages, whether foreseeable or not, that are in any way related to these terms of use, any viruses affecting our site, the improper use of our site, Loss of goodwill or profits, reputation implications, lost business, or any other cause whatsoever.
Consumer Protection Laws: NationalProStaff.com has business services and applications of which are commercial rather than consumer oriented. In accepting this agreement you recognize that by applicable law consumer protection laws do not apply.
Protection: You hereby guarantee and hold NationalProStaff.com, its partners, affiliates, officers, users, fellow members, employees, harmless against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise out of or relate to (a) your use of our service, (b) your breach of this Agreement; (c) any disputes you may have with Teams or Companies participating in our site.
Links/Other Resources on NationalProStaff.com: This site may contain links to other sites, services, or resources, and therefore you agree that your use of such links is solely at your own risk and that any concerns regarding such services or resources should be directed to the particular outside service or resource provider.
Disputes: Your interactions, communications or contracts with any other Member, user, Sponsor, Brand, or Company that you connect with on NationalProStaff.com will be between you and them, and are your sole responsibility. We reserve the right, but have no responsibility, to monitor or become involved in disputes between you and such other Members, Companies, users or partners. If you have such a dispute, you release us and our respective officers, directors, employees, agents, subsidiaries, affiliates, licensors, licensees, operational service providers, Advertisers and suppliers from all claims, demands and damages actual and consequential, know or unknown, arising from a dispute.
Right of Authority: If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority from your respective governing body to enter into this Agreement and to bind your respective company to all the terms and conditions of this Agreement.
NationalProStaff.com has been established in Canada, meaning that you are accessing a networking site that is governed by the laws of this country. NationalProStaff.com is in no way governed by the laws of other nations. Please be aware that any personal information you provide to us as a result of your membership or use of NationalProStaff.com will be collected in Canada and or transferred, to Canada. By using NationalProStaff.com and or providing us with your personal information or other information you (a) consent to transfer, processing and or storage of any personal information and other information you provide (b) understand and agree to Canadian Standards and Laws (c) Your information will be collected, transferred to, dealt with or stored in accordance with our Privacy Policy and current legislation. By using this site you are agreeing to waive any claims that may arise as a result of laws originating in other countries or jurisdictions.
BY CHECKING OFF THE CHECKBOX INDICATING YOUR ACCEPTANCE OF THE TERMS OF AGREEMENT, DURING THE REGISTRATION PROCESS WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT CONFIRMING YOUR ACCEPTANCE OF THIS AGREEMENT.
This Terms of Use Agreement was last modified on May 1, 2013 and is effective immediately. |
