WEBSITE TERMS OF USE

Fish Tales welcomes you to its website.  These terms of use (“Terms of Use”) apply exclusively to your access to, and use of, this Site so please read them carefully.

Fish Tales reserves the right to change or modify any of the terms contained in these Terms of Use, at any time and in its sole discretion.  Any changes or modification will be effective upon posting of the revisions to this Site.  Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications.  Therefore, you should frequently review the Terms of Use from time-to-time to understand the terms and conditions that apply to your use of this Site.

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY SUBSEQUENT CHANGES THERETO.  IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

TRADEMARK, COPYRIGHT NOTICE AND AUTHORIZED USE OF SITE

This Site contains many of the valuable trademarks owned and used by Fish Tales. These trademarks and related proprietary property may not be copied, distributed, or displayed, or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as expressly provided in these Terms of Use or with the prior written permission of Fish Tales.

Trademarked and copyrightable materials on this Site, including, without limitation, Fish Tales logos, design, text, graphics, pictures, documents and files, and the selection and arrangement thereof, are the property of Fish Tales, including all intellectual property rights therein including copyright ALL RIGHTS RESERVED.

You are authorized to access, use and view this Site, and to copy and print documents published by Fish Tales on this Site, for your personal and internal use only. In consideration of this authorization, you agree that any copy of these documents shall retain all trademark, copyright and proprietary notices contained thereon.

Except as stated above, no part of this Site may be reproduced, stored in any retrieval system, or transmitted in any form or by any means, whether electronic, mechanical, printed, photocopied, recorded or otherwise.

You may not use, frame or utilize framing techniques to enclose any Fish Tales trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Fish Tales's express written consent.  Further, you may not use any meta tags or any other “hidden text” utilizing a Fish Tales name, trademark, or product name without Fish Tales's express written consent.

Fish Tales reserves the right, without notice and in its sole discretion, to terminate your permission or license to use this Site, and to block or prevent future access to and use of this Site.  Without limiting the foregoing, any unauthorized use of this Site will automatically terminate the permission or license granted by these Terms of Use and may violate applicable law including without limitation copyright laws and trademark laws.

DISCLAIMERS

Fish Tales strives to ensure that the information contained in this Site is accurate and reliable. However, Fish Tales makes no representations, warranties or conditions about any information contained in this Site. 

THIS SITE AND THE INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATINONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  FISH TALES DOES NOT REPRESENT OR WARRANT THAT INFORMATION IN THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.  FISH TALES IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS RELATING TO PRICING OR FRANCHISE OR OTHER INFORMATION ON THIS SITE.  WHILE Fish Tales ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THIS SITE IS SAFE, Fish Tales CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  Fish Tales DOES NOT WARRANT THAT THIS SITE WILL OPERATE CONTINUOUSLY OR ERROR FREE.

Fish Tales may from time to time revise the information, services, products and the resources contained in or referred to in this Site, and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.

IN NO EVENT SHALL FISH TALES BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION (i) DIRECT DAMAGES, (ii) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, AND (iii) PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, ANY INFORMATION PROVIDED THEREIN OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF Fish Tales HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

In any event, you agree that Fish Tales’s maximum aggregate liability for damages arising out of or related to these Terms of Use shall be limited to $0.10.

The limitations of liability and disclaimers in these Terms of Use apply regardless of the form of action, whether for breach of contract, warranty, strict liability, negligence or other tort, or any other legal or equitable theory, and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract.

LINKS TO THIRD PARTY SITES

This Site may link to sites not maintained or related to Fish Tales.  These links are provided as a convenience to users and are not sponsored by or affiliated with this Site or Fish Tales. Fish Tales makes no representations, warranties or conditions about these links or the sites linked to this Site.  Further, Fish Tales does not implicitly endorse third-party sites linked to this Site.  If you access third party website's you do so at your own risk and it is your responsibility, not the responsibility of Fish Tales, to take any and all appropriate protective measures before linking to these third party website's, including without limitation to guard against viruses and other destructive elements.  Fish Tales is not responsible for the contents of any page linked to this Site or any other page not under its control.

SUBMISSIONS

You agree that any materials, including but not limited to questions, comments, suggestions, documents, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Fish Tales through this Site, or postings on this Site, are non-confidential (subject to Fish Tales’s Privacy Policy) and shall become the exclusive property of Fish Tales.  Fish Tales shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose (subject to Fish Tales’s Privacy Policy), commercial or otherwise, without acknowledgment or compensation to you.  The submission of any materials to Fish Tales, irrevocably waives any and all “moral rights” in such materials, including the rights of integrity and to be to be recognized as the author.

THIRD PARTY CONTENT

This Site may contain materials, data, or information provided, posted or offered by third parties, including third party provided advertisements (collectively “Third Party Content”).  Access to the Third Party Content is provided as a service to those interested in the information.  Fish Tales does not create Third Party Content.  You agree that Fish Tales shall have no liability whatsoever for any such Third Party Content.  Fish Tales makes no representations, warranties or conditions whatsoever regarding the accuracy or completeness of the Third Party Content.  Users access and use any Third Party Content entirely at their own risk.  If you provide Third Party Content, you agree not to post or transmit any Third Party Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortuous or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or intellectual property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

MISCELLANEOUS

These Terms of Use are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, excluding any conflict of laws rules that would apply another body of law.  These Terms of Use constitute and contain the entire agreement between you and Fish Tales with respect to its subject matter and supersedes any prior oral or written agreements.  If any provision of this policy is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this policy will otherwise remain in full force and effect and enforceable.