Welcome to www.washingtonlakes.com. This Web site includes access to fishing
related information, the Washington Lakes Forums and such other services and
legal agreement between the user/account holder ("You") and Digital Anglers LLC
1. Information Available at this Site
This Site contains general information about lakes, rivers and other misc
fishing related activities and services. This Site also contains information
about geo locations ("HotSpots") and related fishing activities published to the
Site by users like You. DA does not guarantee the accuracy or timeliness of the
information available on this Site. You are solely responsible for verifying the
accuracy of any information available on this Site. DA disclaims responsibility
for Your reliance on information at this Site in Section 10 below.
2. License to Use Site; Restrictions
DA hereby grants You a non-exclusive, non-transferable, revocable
license to view and use the Site in accordance with this Agreement and any
guidelines or policies posted on the Site. DA reserves the right to
suspend or revoke, in its sole discretion, the license hereunder and to prevent
You from accessing all or any portion of the Site with or without notice or
reason and without liability on the part of DA.
DA may change, suspend, or discontinue any portion of the Site, or any
service offered on the Site, at any time, including but not limited to any
feature, database, application, or content. DA may also impose limits
on certain features offered on the Site with or without notice.
The Site and all content available on the Site are protected by applicable
intellectual property laws, and are for personal and noncommercial use. All
rights not expressly granted in this Agreement are reserved by DA or by
the respective owners of the intellectual property rights. All materials
available on or through the Site, other than Third Party Submissions
(collectively, the "Site Materials") are the property of DA or of its
licensors and are protected by copyright, trademark, and other intellectual
property laws. DA reserves the right to impose additional terms and
conditions upon Your use and viewing of particular Site Materials, and any such
terms and conditions may be posted on the Site in connection with those Site
Materials. You may not reproduce or retransmit the Site Materials, in whole or
in part, in any manner, without the prior written consent of the owner of such
materials, except as follows: You may make a single copy of the Site Materials
solely for Your personal, noncommercial use, but such copying must be consistent
with any applicable additional terms and conditions and You must preserve any
copyright, trademark, or other notices contained in or associated with such Site
Materials. You may not distribute such copies to others, whether or not in
electronic form and whether or not for a charge or other consideration, without
prior written consent of the owner of such materials. If you have any questions,
contact us at firstname.lastname@example.org.
Subscription portions (if any) of the Site may contain additional terms and
conditions applicable to use of that portion of the Site, including without
limitation password usage and protection rules. If You subscribe to any service
at this Site, You will be asked to agree to those terms and conditions as part
of the subscription transaction, and those terms and conditions will be deemed
incorporated into this Agreement by this reference.
3. Use of Publishing Tools and Forums
The Washington Lakes Forums, accessible through the "Forums" link in the
Site's navigation bar as well as through other links, are governed by this
Agreement and are also subject to such additional terms and conditions as
DA may, from time to time, post in the DA Forums area.
You and not DA, are entirely responsible for all content that you
upload, post or otherwise transmit via the Site. You agree not to:
(a) Upload, post or otherwise transmit any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, slanderous, vulgar,
obscene, libelous, invasive of another's privacy, hateful, embarrassing, or
racially, ethnically or otherwise objectionable to any other person or entity.
(b) Impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with any person or entity.
(c) Upload, post or otherwise transmit any content that you do not have a right
to transmit under any law or under contractual or fiduciary relationship.
(d) Upload, post or otherwise transmit any content that infringes any patent,
trademark, trade secret, copyright or other intellectual property or proprietary
rights of any person, including without limitation under any privacy or
(e) Upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation.
(f) Upload, post or otherwise transmit any content that contains viruses or any
other computer code, files or programs which interrupt, destroy, limit the
functionality of, or cause damage to the Site or any computer software or
hardware or telecommunications equipment.
(g) Disrupt the normal flow of dialogue or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges.
(h) Interfere with or disrupt the Site or servers or networks connected to the
Site, or fail to comply with any requirements, procedures, policies or
regulations of networks connected to the Site.
(i) Violate any applicable local, state, national or international law.
(j) "Stalk," harass, or otherwise harm another Site user.
(k) Collect or store personal data about other Site users.
(l) Promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual.
(m) Create more than 1 account on the website. Creating more than 1 account can result in your account(s)
being suspended, and your IP address banned.
4. Access and Interference
Much of the information on the Site is updated on a real time basis and is
proprietary or is licensed to DA by our users or third parties. You
agree that you will not use any robot, spider, scraper or other automated means
to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not: (a) take any action that imposes, or
may impose in our sole discretion an unreasonable or disproportionately large
load on our infrastructure; or (b) interfere or attempt to interfere with the
proper working of the Site or any activities conducted on the Site or other
measures we may use to prevent or restrict access to the Site.
5. License to Use Submissions
All comments, articles, tutorials, screenshots, pictures, graphics, tools,
downloads, and all other materials submitted to DA in connection with
the Site or available through the Site (collectively, "Submissions") remain the
property and copyright of the original author. If You submit Submissions to
DA, You must adhere to any applicable submission guidelines that may be
posted from time to time on the Site. By submitting any Submission to
DA, You grant DA a worldwide, non-exclusive, transferable,
perpetual, irrevocable, fully-paid royalty-free license and right to use,
reproduce, distribute, import, broadcast, transmit, modify and create derivative
works of, license, offer to sell, and sell, rent, lease or lend copies of,
publicly display and publicly perform that Submission for any purpose and
without restriction or obligation to You.
The foregoing license rights are intended to provide to DA all rights
under existing and future laws, including without limitation all rights under
copyright and any other rights personal to You to publish the Submission on the
Site, use the Submission in publicity and promotional materials for the Site and
to create new Sites or derivative works (including without limitation by
combining the Submission with other content) for public display or performance
via any and all media or technology now known or later developed. The foregoing
rights may be licensed and sublicensed through unlimited tiers of third parties.
6. Claims of Copyright Infringement
DA respects the intellectual property rights of others, and DA
asks that all users of the Site do the same. If You believe that Your work has
been published on the Site in a way that constitutes copyright infringement, You
may notify DA's copyright agent by providing the following information:
(a) Identification of the copyrighted work that You claim has been infringed.
(b) Identification of the material that You claim is infringing and needs to be
removed, including a description of where it is located on the Site.
(c) Your address, telephone number, and, if available, e-mail address, so that
DA can contact You about Your complaint.
(d) And a signed statement that the above information is accurate; that You have
a good faith belief that the identified use of the material is not authorized by
the copyright owner, its agent, or the law; and, under penalty of perjury, that
You are the copyright owner or are authorized to act on the copyright owner's
behalf in this situation.
Notices of copyright infringement claims should be sent by mail or fax to the
attention of Mike Carey as follows:
- By Mail:
Digital Anglers, LLC
PO Box 3584
Redmond, WA 98073-3584
- By E-Mail:
If You give DA notice of copyright infringement by e-mail or phone,
DA's copyright agent may begin investigating the alleged copyright
infringement; however, DA's copyright agent must receive Your signature
by mail before DA is required by law to take any action. More
information about U.S. copyright law can be found at the United States Copyright
7. Logo Usage
The DA and related site logos are propriety to DA, and DA retains all right,
title, and interest in and to those logos.
You agree to indemnify and hold DA, its officers, employees, agents and
volunteer administrators harmless against any and all losses, claims, damages,
and expenses (including reasonable attorneys' fees) that DA may incur
in connection with: (a) Your breach of any of the terms of this Agreement; or
(b) Your use of the Site.
9. NO WARRANTIES
Neither DA, nor any successor, predecessor, agent, officer, or employee
of DA, warrants the accuracy, reliability, or timeliness of any
information or downloads published to or otherwise accessible via the Site
("Site Information"). DA will not be liable for any damage or loss
caused by Your reliance on the accuracy, reliability, or timeliness of Site
Information. Because of the number of possible sources of information available
through the Site, and the inherent hazards and uncertainties of electronic
distribution, there may be delays, omissions, or inaccuracies in the Site
Information. The Site Information may include facts, views, opinions, and
recommendations of individuals and organizations. DA does not endorse,
assert, or guarantee the truthfulness or reliability of any such facts, views,
opinions, or recommendations, nor any statements made by persons other than
authorized DA spokespersons, including, without limitation, information
contained in the forum areas of the Site. The Site may also contain links to one
or more internet sites outside of the Site. DA is not responsible for
the content of such outside internet sites and does not warrant the accuracy,
reliability, or timeliness of any information or downloads posted on or obtained
from such outside internet sites. You rely on the Site Information, as well as
information found on outside internet sites linked to the Site, at Your own
Fishing, boating, and other outdoor activities involve risk to
both persons and property. There are many variables including, but not limited
to, weather, fitness level, terrain features and outdoor experience, that must
be considered prior to seeking or location HotSpots. Be prepared for Your journey
and be sure to check the current weather and conditions before heading outdoors.
Always exercise common sense and caution. You assume all risks arising in
connection with seeking a HotSpot or any other related activity.
THE SITE, INCLUDING WITHOUT LIMITATION THE SITE INFORMATION AND ALL OTHER
CONTENT PROVIDED ON THE SITE, ARE PROVIDED TO YOU "AS IS", AND YOU ASSUME THE
ENTIRE RISK AS TO YOUR USE OF THE SITE, THE SITE INFORMATION AND THE RESULTS AND
PERFORMANCE OF THE SITE. DA HEREBY DISCLAIMS ALL WARRANTIES, DUTIES OR
CONDITIONS (IF ANY), WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE OR ANY
CONTENT PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK
OF NEGLIGENCE. DA GIVES NO WARRANTY AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SITE, AGAINST INFRINGEMENT, OR AS TO TITLE, OR THAT INFORMATION
PROVIDED ON THE SITE, THE SITE ITSELF, OR DA'S EFFORTS, WILL FULFILL
ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FURTHERMORE, DA GIVES NO
WARRANTIES AS TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME;
FUNCTIONALITY; TIMELINESS OF SERVICES; ACCURACY OR CURRENCY OF CONTENT; LACK OF
VIRUSES; OR ANY OTHER WARRANTY.
10. LIMITATION OF DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OR CAUSE OF
ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT DA, ITS
OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEER ADMINISTRATORS WILL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT, OR
OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR
USE OF THE SITE OR THE SITE INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER
THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. THIS
LIMITATION AND EXCLUSION OF DAMAGES INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,
FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING
OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT
MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN
THE EVENT OF THE FAULT OF DA, OF TORT (INCLUDING NEGLIGENCE), STRICT OR
PRODUCT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY.
SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS
NOT LEGALLY VALID, DA, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER
ADMINISTRATOR'S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS
AGREEMENT (INCLUDING ANY TERMS AND CONDITIONS REFERENCED IN THIS AGREEMENT)
INCLUDING FOR ANY DIRECT DAMAGES ARISING FROM YOUR RELIANCE ON SITE INFORMATION,
WILL BE LIMITED TO U.S.$10.00 OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN
RELIANCE ON THIS SITE OR ON SITE INFORMATION, WHICHEVER IS LESS. YOU AGREE THAT
THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE DA, ITS
OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATORS FROM ALL OBLIGATIONS,
LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.
11. Washington Law and Washington (King County) Forum
This Agreement is governed by the law of the state of Washington, U.S.A. You
consent to jurisdiction of and venue in the courts in King County Washington,
U.S.A. in all disputes arising out of or in connection with this Agreement. Use
of the Site is not authorized in any jurisdiction that does not give effect to
all provisions of this Agreement. DA's performance under this Agreement
is subject to all applicable laws and regulations, and You agree that
DA may comply with law enforcement or regulatory requests or
requirements notwithstanding any contrary term of this Agreement.
12. Attorney's Fees
In any formal action or suit to enforce any right or remedy under this Agreement
or to interpret any provision of this Agreement, DA will be entitled to
recover its costs, including reasonable attorneys' fees.
13. Changes to this Agreement
DA reserves the right to revise the terms of this Agreement at any time
and from time to time. Each time You use the Site, You are bound by the version
of this Agreement that is in effect and posted on the Site at the time of Your
use. Please review them.
14. Severability; No Waiver; Entire Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction
to be invalid or unenforceable, the parties agree that the remaining provisions
of the Agreement will remain in full force and effect, and the allocation of
risk described herein will be given effect to the fullest extent possible.
DA's failure to act with respect to a breach by You or others does not
constitute a waiver of DA's right to enforce its rights with respect to
subsequent or similar breaches. This Agreement, along with any Site guidelines
or policies posted on the Site or otherwise provided to You by DA,
constitutes the entire agreement between You and DA with regard to Your
use of the Site.
WashingtonLakes.com and DA are trademarks of Digital Anglers, LLC. Copyright
2009. All rights reserved.
Site Content Copyright Digital Anglers, LLC. 2009. All