FISHING LEAGUE WORLDWIDE

TERMS OF USE

TERMS OF USE

General

FLW, LLC (doing business as and referred to here as "FLW"), the premier source for FLW tournament information and other fishing related information, owns and operates the following web sites: www.flwoutdoors.com, www.collegefishing.com, www.operationbass.com or www.flwtour.com (together the "Site" or the "Service"). The Site offers a place for forums for communication and provides current events surrounding the various fishing tournaments produced by FLW, including, but not limited to, the Wal-Mart FLW Tour, the Rayovac FLW Series, the Wal-Mart Bass Fishing League ("BFL"), and the National Guard FLW Walleye Tour. By accessing or using the Site as either a "Visitor" (which means that you simply browse the Site) or as a "Member" (which means that you have registered with FLW) or by "Posting" (which means that you use the Community section of the Site) you (the "User") indicate that you have read, understand and agree to be bound by these Terms of Use and agree to abide by all applicable laws ("Agreement"). FLW reserves the right, at its sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time without further notice. If FLW does as such, it shall post the changes to these Terms of Use on this page and will indicate at the top of this page the date in which these Terms of Use were last updated. User's continued use of the Site after any such updates to these Terms of Use are made signifies User's acceptance of the updated Terms of Use. It is the responsibility of the User to regularly check the Site to determine if there have been changes to these Terms of Use and to review any such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AND THROUGHLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE CERTAIN LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

This Site is intended solely for Users who are thirteen (13) years of age and older. Any registration to the Site by anyone under 13 is unauthorized and in violation of these Terms of Use. By using this Service or Site, you represent and warrant that you are 13 or older, that all information you submit is truthful and accurate, that your use of the Site does not violate any applicable law or regulation and that you agree to and to abide by all of the terms and conditions of this Agreement.

Member Information and Security

In consideration of User's use of the Site, User agrees to (a) provide accurate, current and complete information about you as requested by any registration process/forms ("User Information"); (b) maintain and update User Information in a timely manner; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of User's account and for any actions that take place using User's account. User is entirely responsible for maintaining the confidentiality of User's password.

Term

This Agreement will remain in full force and effect while User uses the Site. User may terminate this Agreement at any time for any reason whatsoever. FLW also may terminate this Agreement at any time for any reason whatsoever and may do so immediately with or without notice, and without liability and accordingly deny User access to the Web Site, if in FLW's sole discretion User fails to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either User or FLW, User must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. Even after termination by either the User or FLW this Agreement will remain in full force and effect.

Proprietary Rights in Site Content

All content on the Site including all images, text, photographs, video, statistics, information, applications, articles, icons, illustrations, designs, logos and other material that are part of this Site (collectively, the "Content") are the proprietary property of FLW or its licensors with all rights reserved. Site Content cannot be modified, reproduced, copied, posted, transmitted, downloaded, republished or sold in any form or by any means, in whole or in part, without the prior written permission of FLW. The foregoing does not include any Content posted legally to the Site by the User.

Copyrights and Trademarks

Unless otherwise noted, all Content has copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by FLW, on of its affiliates or by third parties or Sponsors who have licensed their materials to FLW and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on the Site is the exclusive property of FLW and is also protected by U.S. and international copyright laws.

Copyright and Trademark Objection

FLW respects the intellectual property rights of others and bar Site Users from posting Content that would violate any third parties Copyright or trademark rights. Upon receipt of any Copyright or Trademark infringement notification, FLW will immediately remove or block access to the allegedly infringed material. If a User has repeated infringement complaints against them, FLW, in its sole discretion, may terminate that User's account.

User Content Posted and Responsibilities

User understands that the Community section of the Site is available for User's personal, non-commercial use only. This Site may also include bulletin boards and chat rooms, which allow feedback to FLW and real-time interaction between users, and other features such as personalized home pages and threaded discussion areas, which allow users to communicate with others. FLW does not control the messages, information or files that others may provide through the Site. User agrees and warrants that any Content posted by User will not violate any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. Further User agrees and warrants that User will not post Content that contains libelous, defamatory or otherwise unlawful material.

User is exclusively and solely responsible for User's profile (meaning User's name, image and likeness), photos, messages, music, video, text and any other Content that User upload, displays or publishes (hereinafter "posts") on the Site. User is barred from posting unpermitted material or Content not created by the User. FLW may at any time delete or remove, with or without notice, any Content posted by User, in its sole discretion, for any reason whatsoever, including Content that FLW deems to violate this Agreement. User is solely and exclusively responsible for any and all cost and/or expense for creating backup copies for User's Contented posted to the Site.

When User posts to any part of the Site User represents and warrants that User has the right to grant to FLW irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. User may remove Content at any time for any reason whatsoever.

In addition User agrees not to use the Site to:

  1. Post Content that is patently offensive or is objectionable, deemed in the sole judgment by FLW or which restricts any other users's use of the Site or which may expose FLW or its users to any liability of any kind whatsoever;
  2. Solicit information from anyone who is under the age of eighteen (18)
  3. Post Content that contains nudity or excessive violence;
  4. Promote any unlawful act or violate the privacy rights, publicity rights, copyrights or trademark rights of a third party;
  5. Post Content or otherwise make available information that is in any way threatening, criminal, defamatory, infringing, hateful, racist, obscene or fraudulent;
  6. Gain access to another User's account or create a false identity;
  7. Intimidate or harass another;
  8. Transmit any sort of "junk mail," "chain letter," or unsolicited emails, instant messages or "spam;"
  9. Post any sort of advertising or commercial activity and/or sales including but not limited to pyramid schemes, sweepstakes or contests;
  10. Promote criminal activity and behavior or provide any type of information on how to commit crimes including but not limited to violating someone's privacy, spreading viruses or making or buying illegal weapons;
  11. Publicly post private information that would create a security risk for any person including names, address, email address, Social Security numbers, credit card numbers and phone numbers;
  12. Solicit passwords or personally identifying information for commercial or unlawful purposed;
  13. Impersonate another person or misrepresent oneself;
  14. Upload any programs containing software viruses or any other computer code, files or programs designed to destroy, disrupt or limit the functionality the Site;
  15. Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  16. Use the Service to post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
  17. Use the Service to post or transmit any information, software or other material, which contains a virus or other harmful component.
  18. Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising

 

User understands that FLW has no obligation to monitor any bulletin boards, chat rooms or other areas of the Site through which users can supply information or material. However, FLW reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in FLW's sole discretion are objectionable or in violation of these terms and conditions.

Use of Site

This Site and all its Contents are intended solely for personal, noncommercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of FLW or its suppliers and protected by U.S. and international copyright laws. The content and software on this Site may be used only as a browsing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited. FLW, LLC, FLW Tour, Rayovac FLW Series, Bass Fishing League (BFL), and National Guard FLW Walleye Tour are all trademarks of FLW, LLC.

User comments, feedback, postcards and other submissions

All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to FLW on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain FLW's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to FLW of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, FLW will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. FLW is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to User any compensation for any Comments; or (3) to respond to any user Comments. User agrees that no Comments submitted by User to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). User further agrees that no Comments submitted by User to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. User is and shall remain solely responsible for the content of any Comments User makes. FLW welcomes User comments regarding the FLW Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted by you shall be and remain the exclusive property of FLW. Your submission of any such Comments shall constitute an assignment to FLW of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. FLW will be entitled to use, reproduce, disclose, publish and distribute any material User submits for any purpose whatsoever, without restriction and without compensating User in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Accuracy of tournament data

The Site contains several reproductions of the Tournament results and Tour standings from all of the fishing tournaments conducted by FLW. To the extent that there is an error in the reproduction of these results and standings on the Site, the actual results as reported at the event will always be the determining factor for prize awards for the events.

Indemnification

User agrees to defend, indemnify and hold FLW harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Governing Law, Venue and Jurisdiction

By User browsing or using the Site, User agrees that the laws of the State of Minnesota will govern these Terms of Use and any dispute that arises between User and FLW and/or its affiliates. In regards to any dispute or claim User agrees not to commence any action in connection herewith other than in the state and federal courts of Minnesota, and User hereby consents to, and waives all defenses of lack of personal jurisdiction with respect to venue and jurisdiction in the state and federal courts of Minnesota.

Disclaimer

THIS SITE IS PROVIDED BY FLW ON AN "AS IS" BASIS. FLW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, FLW DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

Limitation of Liability

UNDER NO CIRCUMSTANCES, SHALL FLW OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SPONSORS VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FLW WEB SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FLW HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THE FLW TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FLW WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE FLW WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FLW UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Copyright © 2012 FLW, LLC.
To send us your comments, go to the "Contact Us" section of the Site
If you have a question check out our FAQs to see if we have your situation covered or send us your question to the "Contact Us" section of the Site.

Privacy Policy

Updated: August 16, 2012

FLW, LLC, (doing business as FLW) has produced a comprehensive Web site utilizing the following URLs: operationbass.com, flwtour.com and flwoutdoors.com (the "Web Site") which provides information, forums for communication and current events surrounding the various fishing tournaments produced by FLW, including, but not limited to, the Wal-Mart FLW Tour, the Rayovac FLW Series, the Wal-Mart Bass Fishing League (BFL), and the National Guard FLW Walleye Tour. We also provide opportunities for our sponsors to present relevant outdoors content and conduct e-commerce as a convenience to our visitors.

The following Privacy Policy will help you to understand how we will treat your personal information. As we continue to improve the Web Site and as we take advantage of developments in technology, this policy may change from time to time. So please check this policy on an ongoing basis for revisions and updates.

Individual personal information FLW collects

FLW collects information from the Web Site in several ways. During registration, FLW asks for information such as your name, date of birth, e-mail and mailing addresses and FLW’ member ID, if applicable. You may also be asked for personal information when you report a problem with the Web Site or services or if you otherwise contact FLW. Of course, we will require credit card information, as well as billing and shipping information, when you choose to register as a member of FLW and/or register for an FLW tournament on the Web Site. FLW DOES NOT INTENTIONALLY COLLECT PERSONAL INFORMATION ABOUT CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER 13 AND WOULD LIKE TO REGISTER AT FLW, PLEASE ASK A PARENT OR GUARDIAN FOR ASSISTANCE. If FLW unknowing collects the information of an individual who is under the age of 13 and learns as such, FLW will delete that individual’s information as soon as possible. If you are aware of someone who is under the age of 13 and is using this Site please contact us at info@flwoutdoors.com.

FLW use of personal information

FLW's primary purpose for collecting and using personal information is to improve our Web Site and to provide you with an experience on our Web Site that is tailored to your preferences and information requests. The more we know about you, the better equipped we are to provide you with the service, selection and content that is expected of FLW, operationbass.com, flwtour.com and flwoutdoors.com. If you choose to set up a personal profile under the MyFLW section of the Site we collect the personal information to be able to provide you with the customized and personalized services. In most cases, FLW retains certain information including sent messages, searches, forums, and other information User transmits through various channels on the Site. FLW will retain this information for a select amount of time to be able to provide quality service to our users.

Users post User Content (defined in the FLW Terms of Use) on the Site at your own risk. FLW does allow users to set privacy options on the pages you create; however, please be aware that although FLW takes every reasonable measure to secure the information no security measure is fail-safe. FLW is also not responsible for the actions of other Users who you chose to share your personal pages and information with; therefore, FLW is unable to guarantee that User Content will not be viewed by unauthorized individuals. It is understood by User that copies of User Content may remain on the Site and in archived pages even after User had removed some or all of its User Content.

By using and posting on the Site you consent to have your personal data transferred to and processed in the United States.

Collecting the information and who has access to personal information

When you are on the FLW Web Site and are asked for personal information, you are sharing that information with FLW, its agents and representatives. When User sets up a page on MyFLW, FLW will share that information with others, namely your friends and people in your social network. FLW will provide privacy settings that will restrict other Users from gaining access to your information. It is User’s decision on what information you would like to provide to your friends and social network. FLW will not disclose any of your individual personal information except when we have your express permission or under special circumstances, such as when we believe in good faith that the law requires it. FLW may also disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) FLW's rights or property, other FLW users or anyone else that could be harmed by such activities. In addition, please keep in mind that whenever you voluntarily disclose personal information online - for example on message boards, through e-mail, or in threaded discussion areas - that information can be collected and used.

In addition to the uses noted above, visitors who supply us with personal information as part of an online survey may receive a phone call from us for confirmation purposes or, when indicated, for an interview by a reporter.

Through FLW you will be introduced to a variety of third party Official Sponsor sites. For example, you can review the products offered by our Sponsors included in "Sponsors" section, and there are contests and sweepstakes operated by FLW and its Sponsors in which you can participate. The privacy polices of these third parties are not under our control. The use of any information that you may provide to any third party will be governed by the privacy policy of the operator of the site that you are visiting, which may differ from ours. As well, in some cases these third parties may share the information that they collect about you with FLW. If you have any doubts about the privacy of the information you are providing, you should look for the privacy policy of the site that you are visiting via a link from that site's home page or elsewhere. If you cannot find that site's privacy policy, or if you are uncertain about the entity to which you are providing your information, you should contact that site directly for more information.

FLW may disclose aggregated user statistics (for example, 45% of our users are female) to others, but none of these statistics will contain personally identifiable information about our customers and their browsing habits.

Offline and online contact information is handled differently. As is customary in the publications business, offline contact information is shared with third parties who may send you offers or information about their products or services that we deem may be of interest to you. You must opt-out if you do not wish to receive information from us or third parties by mail. Please send your request to: Customer Service, FLW, Benton KY 42025. FLW will continue to send you information regarding your account unless you specifically request that we do not contact you regarding your account.

Your choice regarding collection, use and distribution of your information

If you indicated upon registration that you are interested in receiving offers or information from FLW or our Sponsors, FLW or our Sponsors may occasionally send you e-mail about products and services that we feel may be of interest to you. FLW (or agents, sponsors, or representatives working on behalf of FLW) will send you these e-mails and only if you indicated that you wish to receive these offers. If you choose to stop receiving these mailings, you can, at any time, simply go to the "FAQ's" area of the Web Site and follow the instructions so that you will no longer receive such offers and mailings.

“Cookies” and how FLW uses them

A "cookie" is a small file stored by your web browser on your computer's hard drive for future reference. FLW uses "cookies" to compile information about our customers' use of our Web Site so that we may improve your experience at FLW. FLW cannot and will not use cookies to retrieve any personal information about you unless you have previously purchased from or registered with FLW. FLW does not and cannot use cookies to retrieve personal information about you from your computer unless you knowingly and willingly provided such information. Even though most web browsers accept "cookies," most browsers also give you the option to reject "cookies." Please note that although you may set your browser to reject "cookies," you will still be able to visit the FLW site; however, your browsing experience will be affected.

Security

We at FLW are aware that you may be concerned about the privacy and confidentiality of your personal information, including, of course, credit card information. FLW has taken steps to ensure that this information is well protected. We protect your transactions using a technology called Secure Sockets Layer (SSL). If your browser is capable of SSL, and most are, your sensitive information will automatically be encrypted before being sent over the Internet, providing you with a high level of security to ease your concerns.

Alas, no data transmission over the Internet can be 100% secure. While we strive to protect your personal information, FLW cannot warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. Please keep in mind that whenever you voluntarily disclose personal information online that information can be collected and used by others. Please be careful and responsible whenever you're online.

Sponsors section

In addition, FLW's Sponsor section allows you to link directly to our Official Sponsors Web sites and potentially purchase many different types of products and services online that are provided by our Official Sponsors. FLW is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a Sponsor, the information obtained during your visit to the sponsor's store, and the information that you give such as your credit card number and contact information, is collected by the merchants and not by FLW. These merchants have separate privacy and data collection practices. FLW has no responsibility or liability for these independent policies. For more information regarding the Sponsor, its store and its privacy policies, return to that store's home page and click on their Information link. You release FLW and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your use of these products or services.

Additional information

If you have further questions regarding this Policy, you may e-mail us through the "Contact Us" section of the Web Site. Your use of the Site is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. Please review this Privacy Policy occasionally as FLW reserves the right to change our Privacy Policy at any time.

We can also be reached by mail:

FLW
Attn.: Interactive Dept.
8096 Excelsior Blvd
Hopkins, MN 55343