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Vyak Terms of use policy

Our policy and site announcements(Upgrades/migrations, etc)

Vyak Terms of use policy

Postby Widsa » 14 Feb 2010, 22:49

Hello to all our new members, please find below our Terms of Use Policy, please check this on a regular basis as it will be updated as we grow and as requirements change. Please read and review these policies and forward any questions you may have to the Moderators via the PM system. These policies are in place so that we can make this forum a localized resource for the Victorian kayak fishing community and as a place where we can discuss our common interests, learn from each other but still have our own opinions as long as they are expressed in the appropriate manner. Everyone must understand that the Moderators and Administrators running and maintaining this forum are volunteering their services and do so with the best interests of Victorian kayak fishing in mind.
Thank you for becoming a member of Victorian Kayak Anglers , we can all look forward to being part of one of the most enjoyable forms of fishing going around and I am sure you will make many long term friends and hopefully catch and release more fish.

Kind Regards, The Admin and Moderator Team.


Terms of Use
General Conditions
Interpretation

This website is owned and operated by Victorian Yak Anglers (http://www.vyak.net) and from here on will be referred to as “VYak” or “www.vyak.net”. By using this site, you agree to have read and understand the Terms of Use also the, Privacy Statment. You also agree to abide by the Discussion Forum – Terms of Use including the Commercial Policy and Outdoor Activities Policy. The content of these notices may change from time to time: such changes are at the sole discretion of the website administrator and or moderator. You should revisit and re-apprise yourself of the content of these notices regularly. In all terms and conditions of use, copyright, privacy, disclaimer and other notices on this website, the terms "VYak" and "www.vyak.net" will be construed to include the administrators and moderators of the VYak website and any person or entity hosting this website, and any of their members, officers, employees and agents.

Accuracy of information and disclaimer of warranties

All material on VYak is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the VYak website and content is at your sole risk. Access to the VYak website and Discussion Forums is provided on an 'as available' basis. Neither http://www.vyak.net nor any of the Administrators and or Moderators make any representation or warranty that;

  1. any material on VYak will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or
  2. your access to VYak will be uninterrupted, timely or secure. VYak will not be liable for loss resulting from any action or decision by you in reliance on the information on VYAK, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software, or
  3. any product, used or new, advertised or promoted, by registered members or commercial members or sponsors, are not endorsed or recommended by VYak. any loss or damage and any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising from these products or use of these products.

The law changes from time to time, and while it is intended that the content of this site should be kept up-to-date via amendments that are implemented on an ad hoc or regular review basis, as appropriate, no representations are made to the effect, nor may any be inferred by you, that this site is completely up-to-date, comprehensive and accurate on any given topic at any particular time. This website is intended as a useful resource and to provide assistance to you in relation to informing yourself in relation to areas of outdoor activities based on kayaks and activities related to kayaking that may be of interest to you or which may affect your way of life in regard to recreation, safety, business and activities within your community and State; however, it is not intended to be a substitute or replacement for obtaining professional advice in any particular situation.

General information only - non advisory

The material on the VYak website provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
Copyright
The material provided on the Vyak website is copyright. It is either owned by VYak or is used under licence or authorization from its members. You may use this material for your own personal reference only. Except for the 
temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of VYak or the copyright owner where that material is licensed to VYak or its members. You should be aware that with the changing nature of the law, and given that it is intended to update this website on a regular basis in order to keep it as up-to-date as practicable, information that is copied from this website may in any event cease to be accurate, and reliance upon stored or archived copies of material from this site could therefore be unwise. Copyright subsists also in the source code, whether static or dynamically created, that is used to create or render this website and the prohibitions and limitations on copying and use of material on this website extends to and includes this source code.
You may not use any part of the material on the VYak website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Your conduct

As a condition of your use of VYak, you warrant to VYak that you will not use VYak for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere on the VYak website. You agree to abide by all applicable laws and regulations.
You will be responsible for all costs, losses and damages, whether direct or indirect, pecuniary or physical or of an opportunity cost nature, incurred by VYak or third parties and which arises from your use of this site or the contents of this site in contravention of these terms and conditions of use.
In particular, you agree not to:

  1. use VYak to defame abuse, harass, stalk, threaten or otherwise offend others;
  2. publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  3. use any automated scripting tools or software;
  4. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the VYak website unless authorised by the VYak administrator and or moderators;
  5. impersonate any person or entity;
  6. upload, post, e-mail, transmit or otherwise make available using the VYak website any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilize other computer systems for improper purposes or without authorisation;
  7. breach any applicable laws or regulations.

VYak has no obligation to monitor any user's use of the Vyak website, however VYak retains the right at all times to monitor,modify, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You will indemnify VYak if you suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on VYak.

Third party links

Hyperlinks and pointers to websites operated by third parties will appear on the VYak website from time to time. These websites do not form part of the VYak website and are not under the control of VYak and have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave VYak and do so entirely at your own risk.

You expressly agree and understand that in no circumstances will VYak be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by VYak) which result from;


  1. the use of or access to or any inability to use or access the VYak website or any material on the VYak website;
  2. unauthorised access to or alterations of your transmissions or data; or
  3. statements or conduct of any third party on the VYak website. In particular, by your use of this website, you acknowledge that the views of users in the discussion forums provided by this website and the inclusion of any information sourced or aggregated from other websites or internet information services (including, but not limited to news services and RSS feeds), are not endorsed by VYak and you will not hold VYak responsible for the content of these, including as publisher or re-publisher of them. If you believe that any posting to the discussion forums is improper, illegal or may comprise a civil wrong, you should notify us as early as possible, providing details of the same via the Forum Feedback link on this website..

Discussion forums

There are additional terms of use that apply if you register to contribute to any of the discussion forums on this website. Regardless of whether you register to contribute to discussion forums, your use of this website constitutes agreement to and acknowledgement of the fact that the views of persons posting queries, comments and statements to the discussion forums or any Frequently Asked Questions ('FAQs') areas of this website are the views of those individuals and not the views of VYak, nor are they endorsed by VYak. If you have a complaint about any of the content that may be published in a discussion forum, you should immediately contact us via the Forum Feedback link on this website. You agree that you will not seek to hold legally responsible the Administrator nor Moderators of the VYak website for any content that is posted to and published in a discussion forum. See also the Discussion Forums – Terms of use Policy.
Applicable law

These conditions and all other specific and additional terms which govern your use or membership of and access to the VYak website will be governed by and construed in accordance with the laws of the State of Victoria, Australia and, where applicable, laws of the Commonwealth of Australia.
Somebody just back of you while you are fishing is as bad as someone looking over your shoulder while you write a letter to your girl. ~Ernest Hemingway
User avatar
Widsa
Site Admin
 
Posts: 3652
Joined: 23 Dec 2009, 12:08
Location: Frankston, Melbourne. Australia
kayak: Wavedance Kingfisher
Real Name: Will

Re: Vyak Terms of use policy

Postby Babylon » 27 Sep 2014, 14:13

Some good reading there. :evilgrin:
User avatar
Babylon
Site Admin
 
Posts: 4883
Joined: 02 Feb 2010, 21:43
Location: Narre-warren South
kayak: 2017 Hobie Revo 13
Real Name: Jim


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