www.fishvictoria.com

Terms of Use/Service

1. Acceptance of Terms of Use
www.fishvictoria.com (FVC) is provided free of charge to you by Parkhouse Pty Ltd (Parkhouse) of Level 1, 195 Lennox Street, Richmond, Victoria, 3121, under these Terms of Use. These Terms of Use govern your use of FVC and all services provided in connection with FVC. Parkhouse shall not be liable to you for any breach of these Terms of Use. If you do not agree to these Terms of Use, please do not enter FVC.

From time to time Parkhouse may supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on FVC to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

2. Privacy Policy
Except as provided herein, Parkhouse will not sell to or make available to any third party any details provided by you unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant.

3. Termination
Parkhouse reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access FVC and/or any other service provided to you by FVC upon any breach by you of the Terms of Use.

4. Modifications of these Terms of Use
Parkhouse may modify these Terms of Use from time to time in its sole discretion. Each time you visit FVC, you will be deemed to have accepted any such changes.

5. Modifications to FVC
Parkhouse may modify or discontinue FVC with or without notice to you and without liability to you or any third party.

6. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such messages. Parkhouse reserves the right to terminate your registration/forum use/competition entries if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

Any use by you of any other members information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Use. FVC is to be used by you for your personal use only. Commercial uses of FVC are strictly prohibited unless prior written consent from Parkhouse has been granted. You agree that you will not use FVC for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You further agree not to use FVC to send or post on message or forum boards or any place on FVC, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Parkhouse reserves the right to delete any such material from FVC. Parkhouse will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 6.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Parkhouse or FVC. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use FVC to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) Parkhouse permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to FVC, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on FVC is not protected by Rights rests with you. You acknowledge that Parkhouse may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your email address, to any "public area" of FVC, including message boards, forums, contests and chat rooms, you grant Parkhouse and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on FVC retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS ON FVC, YOU HEREBY EXPRESSLY PERMIT PARKHOUSE TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY PARKHOUSE IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

7. Third Party Services
You may order services or merchandise through FVC from other persons not affiliated with Parkhouse ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Parkhouse makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Parkhouse nor will Parkhouse be construed as a party to such transactions, whether or not Parkhouse may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

Parkhouse may include special routing icons which may be located within FVC, the activation of which will allow you to access and learn more about FVC and other services provided by Parkhouse or its affiliates whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

8. Registration and Password
Where sections of the site are password protected and require user registration, you are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Parkhouse of any unauthorized use of your registration or password.

9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF FVC IS AT YOUR SOLE RISK. FVC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PARKHOUSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

PARKHOUSE MAKES NO WARRANTY THAT FVC WILL MEET YOUR REQUIREMENTS, OR THAT FVC WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PARKHOUSE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FVC. PARKHOUSE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF FVC.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FVC IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT PARKHOUSE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH FVC. PARKHOUSE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER FVC NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN FVC, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. PARKHOUSE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

PARKHOUSE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN FVC IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARKHOUSE OR THROUGH FVC SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

PARKHOUSE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH FVC OR ANY TRANSACTIONS ENTERED INTO THROUGH FVC.

PARKHOUSE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE FVC SITE. As a convenience to our members and users, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against Parkhouse with respect to such sites.

BY PERMITTING BANNER, CLASSIFIED, PERSONAL AND OTHER FORMS OF ADVERTISING ON AND WITHIN FVC, PARKHOUSE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. Parkhouse specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By placing any advertisement on FVC, you are promising that the content of your advertisement is true and that you will indemnify Parkhouse against any claims which may arise from your advertisements. By responding to an advertisement on FVC, you waive any claims against Parkhouse for damages arising from such advertisement or your reliance upon statements in such advertisement.

10. Limitation of Liability
PARKHOUSE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE FVC OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH FVC OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PARKHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Promotional Messages
Parkhouse may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Parkhouse makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Parkhouse nor such third party shall have any liability with respect thereto.

12. Indemnification
You agree to indemnify and hold each of Parkhouse, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of FVC, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

13. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to its conflict of laws provisions.

14. Entire Agreement
These Terms of Use supercede all other oral or written communications between you and Parkhouse. These Terms of Use may only be varied by the both parties agreeing in writing to the variation of the Terms.

15. Remedies for Breach of these Terms by You
In the event that Parkhouse determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for FVC and its users and members, Parkhouse reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to FVC, (iii) delete all content provided by you to FVC, (iv) discontinue your registration with FVC and/or any other Parkhouse related project or site; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Parkhouse deems to be appropriate.

16. Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Parkhouse may assign its rights and obligations under these Terms of Use and upon such assignment Parkhouse may be relieved of any further obligation hereunder.

You represent to Parkhouse that you have the authority to use/register with FVC according to these Terms of Use.

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the site by Parkhouse) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Parkhouse, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

Parkhouse reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.