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.
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.
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.
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 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:
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.
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, EverStart Series, Bass Fishing League (BFL), and National Guard FLW Walleye Tour are all trademarks of FLW, LLC.
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.
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.
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.
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.
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.
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 EverStart 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.
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 firstname.lastname@example.org.
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.
By using and posting on the Site you consent to have your personal data transferred to and processed in the United States.
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.
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.
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.
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.
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.
We can also be reached by mail:
Attn.: Interactive Dept.
8096 Excelsior Blvd
Hopkins, MN 55343