Terms and Conditions
Terms and conditions for Fish & Boat Pty Ltd, and Fish & Boat Tube Pty Ltd [fishandboattube.com]
- Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version. F&B may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
- These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
- The Service may contain links to third party websites that are not owned or controlled by F&B. F&B has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, F&B will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve F&B from any and all liability arising from your use of any third-party website.
3. F&B Accounts
- In order to access some features of the Service, you may have to create an online Account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify F&B immediately of any breach of security or unauthorized use of your account.
- Although F&B will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of F&B or others due to such unauthorized use.
4. Subscriptions and Magazines
These Terms of Service apply to all services, subscriptions and publications, whether print or digital and including single digital issues. By ordering and or purchasing any such services, publications or subscriptions, you agree:
- that any errors made in entering the contact information and order details on the subscription form are your responsibility and neither Fish & Boat nor the publisher of the magazine is liable for any consequences of such errors or incorrect information, including but not limited to failure to send any print magazines subscribed for to the correct address. If you change address or any other relevant details, you must notify Fish & Boat.
- that Fish & Boat and its employees and agents will not be liable to you or any other person for any loss, injury or damage arising from or as a consequence of any act or omission by Fish & Boat or any person providing services from Fish & Boat or through the Fish & Boat Site.
- all sales of digital magazines are final. If a magazine becomes unavailable following a transaction but before you can download it, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your magazine, your sole remedy is either replacement or a refund, at Fish & Boat’s discretion. This clause does not affect your statutory rights.
- All digital content provided to you by Fish & Boat is for your private, non-commercial use only. You must not rent, lease, lend, sell, transfer or redistribute that content, or make it available over a network where it could be used by multiple users/devices at the same time.
- Fish & Boat reserves the right at any time to modify or discontinue any publication, back issues or single digital issues. Should that occur following a transaction but before you can download it, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your magazine, your sole remedy is either replacement or a refund, at Fish & Boat’s discretion. This clause does not affect your statutory rights.
5. Sales of Goods and Services
Other than as provided under compulsory Australian Statutory Consumer Law, any claim for defective or misleading goods or services shall be determined at the sole discretion of F&B.
6. General Use of the Service—Permissions and Restrictions
F&B hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without F&B’s prior written authorization, unless F&B makes available the means for such distribution through functionality offered by the Service.
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than that provided by the Services, or other explicitly authorized means F&B may designate.
- You agree not to use the Service for any of the following commercial uses unless you obtain F&B’s prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from F&B appears on the same page and is of sufficient value to be the basis for such sales.
- Prohibited commercial uses do not include:
- uploading an original video to F&B, or
- any use that F&B expressly authorizes in writing.
- If you use any F&B automated uploading service, you agree that it may automatically download and install updates from time to time from F&B. These updates are designed to improve, enhance and further develop such services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit F&B to deliver these to you) as part of your use of the services.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the F&B servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, F&B grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. F&B reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- In your use of the Service, you will comply with all applicable laws.
- F&B reserves the right to discontinue any aspect of the Service at any time.
- Consent to the receipt of emails from Fish & Boat containing information and offers about products and services available from Fish & Boat in which you may have an interest. You may unsubscribe at any time.
7. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to F&B, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by F&B on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of F&B or the respective licensors of the Content. F&B and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that F&B is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against F&B with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless F&B, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
8. Your Content and Conduct
- As an F&B account holder you may submit Content to the Service, including videos and user comments. You understand that F&B does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to F&B all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to F&B, you hereby grant F&B a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and F&B’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant F&B all of the license rights granted herein.
- F&B does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and &B expressly disclaims any and all liability in connection with Content. F&B does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and F&B will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. F&B reserves the right to remove Content without prior notice.
9. Account Termination Policy
- F&B will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- F&B reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. F&B may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
10. Copyright Policy
- As part of F&B’s copyright policy, F&B will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, F&B, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, F&B EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. F&B DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND F&B WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL F&B, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (V) THE PROVISION OF OR FAILURE TO PROVIDE GOODS AND SERVICES, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT F&B IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, F&B LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT F&B SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by F&B from its facilities in Australia. F&B makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless F&B, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) the provision of goods and services: or (v) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.
14. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, purchase, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by F&B without restriction.
Note: if services, products or subscriptions from Fish & Boat are offered through other applications and devices [such as Apple iPhones and iPads, etc], then you should refer to the Terms and Conditions applicable to those applications, which may override these T & C’s.
Dated: 1st July, 2015
TERMS AND CONDITIONS ESKY FULL OF CHRISTMAS CHEER PROMOTION.
- The Promoter is: Fish & Boat Magazine, ABN 86 641 684 657 of Victoria 3101.
- Employees of the Promoter or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.
- To enter the competition an entrant must ‘Like’ any of the Promoters posts on Facebook relevant to the Promotion.
- Closing date for entry will be 4pm (AEDT) Wednesday 15th December 2021. After this date the no further entries to the competition will be permitted.
- No responsibility can be accepted for entries not received for whatever reason.
- The rules of the competition and the prize for each winner are as follows: • For each Promotion the entrant receives 1 ticket into the draw.
- The Promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the Promoter.
- The Promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- The winner will be drawn at random at Banksia Beach, QLD Wednesday 15th December 2021.
- The winner will be notified by Messenger immediately after the draw. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
- The Promoter will notify the winner when and where the prize can be collected.
- The Promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
- By entering this competition, an entrant is indicating his/her acceptance and agreement to be bound by these terms and conditions.
- The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.
- The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
- The winner’s name will be published on our website, in our magazine and on our Facebook page.