Conditional use of our website and services:
Welcome to ALLSTARS INSALT online fishing competition (OFC). Your permission to use ALLSTARS INSALT is conditional upon your agreement that you:
- Are 16 years of age or older, and entrants under 18 must have parent supervision when using the website or when submitting your catch;
- Will comply with these Terms of Service, Conditions and Rules outlined on the website;
- Will not copy or distribute any part of ALLSTARS INSALT in any medium without ALLSTARS INSALT’s prior written authorisation;
- Will provide accurate information when creating an entrant log-in to enter the competition;
- Are solely responsible for your entrant log-in and the activity that occurs while signed in to or while using ALLSTARS INSALT using your entrant log-in;
- Will not use ALLSTARS INSALT to collect any personally identifiable information, including entrant names, email addresses, or other such information, for commercial purposes;
- Will not use the communication systems provided by or contacts made on ALLSTARS INSALT for any commercial solicitation purposes;
- Are solely responsible for your content submissions, including discussion posts, profile information and links, pictures, and other such content;
- Represent that you own or have the necessary licences, rights, permissions, and consents to use and authorise ALLSTARS INSALT to use any and all content submitted by you to ALLSTARS INSALT in accordance with the licences granted in this agreement;
- Hereby grant each ALLSTARS INSALT user, whether using ALLSTARS INSALT or an application authorised by ALLSTARS INSALT but developed via a third-party developer, a non-exclusive licence to access the content you submit through ALLSTARS INSALT and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through ALLSTARS INSALT’s functionality and under these terms of service;
- Will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to ALLSTARS INSALT;
- Hereby agree that we have the right to determine whether any of your content submissions are appropriate and comply with these terms of service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Online Fishing Competition Entry:
Your ALLSTARS INSALT competition entry is $200 per year. Your full payment will be made when you join, no matter what month of the year you enter. As a competition entrant you authorize us to charge your fee regarding your entry with ALLSTARS INSALT by visiting our website and clicking on the “Register” link available at the top menu bar.
Your Entrant Log-in at ALLSTARS INSALT:
You will need to register by creating an entrant log-in with ALLSTARS INSALT in order to publish content on the website or obtain access to certain services, including the submission of your catch for the online fishing competition. If you choose to create an entrant login or ALLSTARS INSALT profile with us, you agree to provide only accurate, complete entrant information, and you will keep that information up-to-date if it changes. When you enter, you will obtain unique log-in credentials (a “User ID”). Access to the ALLSTARS INSALT website and services is not authorised by any other person or entity using your entrant log-in and you are responsible for preventing such unauthorised use. Individuals and entities whose privilege to access the website or use the services has previously been terminated by ALLSTARS INSALT may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
ALLSTARS INSALT relies on entrant log-ins to know whether users accessing the website and using our services are authorised to do so. If someone accesses our website or services using an entrant log-in that we’ve issued to you, we will rely on that log-in and will assume that access has been made by you. You are solely responsible for any and all access to the website or use of the services by persons using your User ID. Please notify us immediately if you become aware that your entrant log-in is being used without authorisation.
Non-Confidentiality, Security and Privacy:
You understand that much of the information that you submit to us (such as leader board postings, catch submissions etc.) is submitted precisely for the purpose of disclosure in a variety of ways by ALLSTARS INSALT, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a competition entry, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with a purchase, other than your credit card information, may be disclosed by us to the ALLSTARS INSALT merchant for their commercial purposes including providing membership.
Any communications between you and ALLSTARS INSALT, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our services will be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without any limitation whatsoever.
Rules Regarding Information and Other Content:
When you use the website, you can publish and obtain access to various kinds of information and materials, all of which we call “content.” Content also includes information and materials posted to the website by you. You agree not to revise or obscure content posted by others (including advertising and promotions authorised by ALLSTARS INSALT), and you agree not to post or use any content in any manner that:
- infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
- violates the privacy, publicity, or other rights of third parties,
- is unlawful, defamatory, discriminatory, libellous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by ALLSTARS INSALT in its sole discretion,
- is false or inaccurate, or
- could damage our company, parent company, sister companies, affiliates, advertisers, or any other third party.
Though we strive to enforce these rules with all of our entrants, you may be exposed through the website or services to content that breach our policies or is otherwise offensive. You may use the website and services at your own risk. We may, but are not obligated to, terminate entrant log-ins and/or remove content from the website if we determine or suspect that those entrant log-ins or content breach the terms of this agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to content on the website whether it breaches our policies or not.
General Rules of Entrant Conduct:
It is our goal to make the use of our website and services a good experience for all of our entrants, so you agree not to do any of the following:
- conduct or promote any illegal activities while using the website or services;
- upload, distribute or print anything that may be harmful to children;
- attempt to reverse engineer or jeopardise the correct functioning of the website or services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the website;
- attempt to gain access to secured portions of the website or services to which you do not possess access rights;
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the website or services to generate or distribute unsolicited email advertisements or spam;
- use any automatic or manual process to search or harvest information from the website or services, or to interfere in any way with the proper functioning of the website or services; or
- impersonate another user.
We use IP addresses to analyse trends, administer the website, track entrant log-in movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers may log standard access information including browser type, access times/open mail, URL requested, and referral URL.
Links to this Website:
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links to Third Party Websites:
We don’t have control over websites that ALLSTARS INSALT may link to. ALLSTARS INSALT may contain links to third party websites that are not owned, operated, or controlled by ALLSTARS INSALT. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using ALLSTARS INSALT you expressly relieve us from any and all liability arising from your use of any third party website.
We may change or discontinue the website or any of the services at any time without prior notice. We reserve the right to terminate this agreement at our discretion and for any reason, without prior notice, and this agreement will automatically terminate in the event that you breach any of the terms and conditions set forth below. In the event of any termination, you will immediately stop using our website and our services.
Limitations of Liability:
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law which include that we will provide the website and services to a reasonable standard. Nothing in this agreement is intended to affect these statutory rights. For more information about your statutory rights contact your local state or territory consumer protection agency.
If we breach these terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the total amount of fees that you have paid us during the previous 12 month period for the specific service at issue. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement. We are not responsible for:
- losses not caused by our breach;
- indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this agreement, for example loss of profits or loss of opportunity;
- content posted by others;
- contracts entered into with third parties;
- loss of data;
- loss of goodwill;
- computer malfunction or failure;
- business or commercial losses caused to non-consumers; or
- failure to provide the website or services or to meet any of our obligations under this agreement where such failure is due to events beyond our control. “Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing the website or services or fulfilling any of our other obligations under this agreement and includes but is not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
You agree to compensate ALLSTARS INSALT for all losses, expenses and other costs (including but not limited to reasonable legal fees) incurred by ALLSTARS INSALT which are caused by your breach of this agreement. Any claim that any content submitted by you causes damage to a third party. This defence and compensation obligation will survive the termination or expiry of this agreement and your use of ALLSTARS INSALT website.
Reservation of Rights and Release:
ALLSTARS INSALT reserves the right, but has no obligation, to monitor, or take any action ALLSTARS INSALT deems appropriate regarding disputes that you may have with other customers of ours or any merchants. To the extent the law permits, you waive and release us from any and all claims or liability related to any content posted on the website and from any and all claims related to the conduct of any other customers of ours or any merchants.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the website and services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of this agreement, except for the limited right to use the website and services in accordance with this agreement. “ALLSTARS INSALT” is our trademark. Other product and company names that are mentioned on the website or provided as part of the services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this agreement.
The content on ALLSTARS INSALT, excluding all intellectual property of other websites obtained by way of API and/or linking and Content posted by our customers, is owned by ALLSTARS INSALT. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“marks”). The marks are owned or licensed to ALLSTARS INSALT, subject to copyright and other intellectual property rights under Australian law, the law of the jurisdiction where you reside, and international conventions. Content provided by ALLSTARS INSALT is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted by this agreement in and to the website and services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in content that you post to the website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide licence, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the content in any manner we choose. If you have any rights to the content that cannot be licensed to us (such as moral rights), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find content that infringes upon your copyrights, you may notify our Copyright Agent with the following information in writing: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. ALLSTARS INSALT’s designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org.
The communications between you and ALLSTARS INSALT use electronic means, whether you visit the website or send us emails, or whether ALLSTARS INSALT posts notices on the website or communicates with you via email or SMS. For contractual purposes, you (a) consent to receive communications from ALLSTARS INSALT in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ALLSTARS INSALT provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Changes to this Agreement and Waivers:
We may change the terms of this agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the website. It is your sole responsibility to check the website from time to time to view any such changes in the agreement. If you do not agree to any changes, if and when such changes may be made to the agreement, you must stop using our website and our services. Your use of our website and our services after any modifications to the agreement indicates that you agree to such modified agreement. Any changes to this agreement (other than as set forth in this paragraph) or waiver of ALLSTARS INSALT’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of ALLSTARS INSALT. No purported agreement not to enforce any right or modification of this agreement by ALLSTARS INSALT via telephone or email shall be valid.
You and we are independent contractors, and nothing in this agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this agreement. You may not assign this agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this agreement be held ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If you breach this agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this agreement. Our rights under this agreement will survive any termination of this agreement.
We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us, you must do so within Australia. Relevant Australian law will apply.
You represent that you are legally able to accept these terms of service and enter into this agreement. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into this agreement, and to comply with this agreement. As stated in the Conditional Use of Our Website and Service, above, you confirm that you are, in any case, 16 years of age or older. If you aren’t, you must please stop using our website and our services without parent supervision.
This agreement and all documents and communications directly or indirectly relating to it shall be in the English language.