Tournafin.com was created to help tournament directors manage fishing tournaments and for all participants to view results from such tournaments. The following terms and conditions govern all use of the Tournafin.com website and all content, services and products available at or through the website (taken together, the Website). The Website and all software listed for sale or used through the Website (the "Software" or together with the Website, the "Services") is owned and operated by TOURNAFIN.COM. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, TOURNAFIN.COM's Privacy Policy and procedures that may be published from time to time on this site (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by TOURNAFIN.COM, acceptance is expressly limited to these terms.

1. Your Tournafin.com Account

If you use the Services, you are responsible for maintaining the security of it, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify TOURNAFIN.COM of any unauthorized uses of your account or any other breaches of security. TOURNAFIN.COM will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you manage a series or tournament on or using the Services, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• The Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party. This is a family friendly website and any images or content deemed not appropriate to site administrators will be deleted at will;
• Your event is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• Your event is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your event's URL or name is not the name of a person other than yourself or company other than your own; and
• You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by TOURNAFIN.COM or otherwise.
• By submitting Content to TOURNAFIN.COM for inclusion on your Tournafin.com event page(s), you grant TOURNAFIN.COM a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your event on TOURNAFIN.COM. If you delete Content, TOURNAFIN.COM will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
• If you submit content that involves the image or related content of a child, you have consent of that child's parent or guardian to post such image or related content.

Without limiting any of those representations or warranties, TOURNAFIN.COM has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in its reasonable opinion, violates any TOURNAFIN.COM policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in its sole discretion. TOURNAFIN.COM will moderate the content on the site. TOURNAFIN.COM will have no obligation to provide a refund of any amounts previously paid.

3. Fees and Payment

Optional paid services may be available on the Website. By selecting a paid service you agree to pay TOURNAFIN.COM the fees indicated for that service. Payments will be charged on the day you sign up for paid services and will cover the use of that service until its benefits are depleted. Paid service fees are not refundable however with sufficient evidence, TOURNAFIN.COM will consider a refund of paid services if an event was cancelled due to weather conditions and all ticketholders were refunded for their ticket purchases.

4. Responsibility of Website Visitors

TOURNAFIN.COM has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TOURNAFIN.COM disclaims any responsibility for any harm resulting from the use by visitors of the Website or users of the Software, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites

TOURNAFIN.COM has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Tournafin.com links, and that link to Tournafin.com. TOURNAFIN.COM does not have any control over those non-TOURNAFIN.COM websites and webpages, and is not responsible for their contents or their use. By linking to a non-TOURNAFIN.COM website or webpage, TOURNAFIN.COM does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TOURNAFIN.COM disclaims any responsibility for any harm resulting from your use of non-TOURNAFIN.COM websites and webpages.

6. Copyright Infingement and DMCA Policy

As TOURNAFIN.COM asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Tournafin.com violates your copyright, you are encouraged to notify TOURNAFIN.COM in accordance with its Digital Millennium Copyright Act ("DMCA") Policy. TOURNAFIN.COM will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TOURNAFIN.COM or others, it may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, TOURNAFIN.COM will have no obligation to provide a refund of any amounts previously paid to it.

7. Intellectual Property

This Agreement does not transfer from TOURNAFIN.COM to you any of its or third party intellectual property including the Website or the Software, and all right, title and interest in and to such property will remain (as between the parties) solely with TOURNAFIN.COM.

8. Changes

TOURNAFIN.COM reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TOURNAFIN.COM may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

9. Termination

TOURNAFIN.COM may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Tournafin.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Disclaimer of Warranties

The Website and the Software are provided "as is". TOURNAFIN.COM hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. TOURNAFIN.COM makes no warranty that the Website or the Software will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

11. Limitation of Liability

In no event will TOURNAFIN.COM be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) errors, mistakes or inaccuracies of content; (v) any bugs, viruses, glitches, Trojan horses or the like; (vi) any errors or omission in any content or results or for any loss or damage of any kind incurred as a result of your use of any content posted or received as a result of your use of the Website or the Software; or (vii) for any amounts that exceed the fees paid by you to TOURNAFIN.COM under this agreement during the twelve (12) month period prior to the cause of action. TOURNAFIN.COM shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. General Representation and Warranty

You represent and warrant that (i) your use of the Website and the Software will be in strict accordance with the TOURNAFIN.COM Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

13. Idemnification

You agree to indemnify and hold harmless TOURNAFIN.COM from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website or the Software, including but not limited to your violation of this Agreement.

14. COPPA Policy

TOURNAFIN.COM is committed to protecting the privacy of children who use the Website or the Software. This section explains our information collection, disclosure, and parental consent practices with respect to information provided by children under the age of 13 ("child" or "children") This policy is in accordance with the U.S. Children's Online Privacy Protection Act ("COPPA"), and outlines our practices in the United States and Latin America regarding children's personal information. For more information about COPPA and general tips about protecting children's online privacy, please visit https://www.consumer.ftc.gov/features/feature-0038-onguardonline.

While TOURNAFIN.COM's Website and Software is not primarily targeted at children, third parties may post images of children from tournaments or related events on the Website. TOURNAFIN DOES NOT collect information from or about children. In the event we discover we the Website contains information from a child in a manner inconsistent with COPPA's requirements, we will either delete the information or immediately seek the parent's consent for that collection; provided that you understand that we cannot control the content posted by third parties.

Children may not register for our Services.

About the collection of parent email address: Consistent with the requirements of COPPA, on any instance where we ask for age and determine the user is age 12 or under or we have direct knowledge that any content posted involves anyone age 12 or under without the consent or a parent or guardian, we will ask for a parent or guardian email address. If you believe your child's image or related content is posted on the Website and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at info@tournafin.com or contact the third party responsible for posting such content or image on the Website. We will not use parent emails provided for parental consent purposes to market to the parent.

Email Consent. TOURNAFIN.COM does not wish to and will not collect personal information from a child. TOURNAFIN.COM does not control the images or content from tournaments or related events posted on the Website. It is the responsibility of that third party or the parent to verify COPPA requirements have been met with regards to those postings. If TOURNAFIN.COM is ever in a position to post the image or content of a child, TOURNAFIN.COM will first seek a parent or guardian's consent by email. In the email we will explain what information we are collecting, how we plan to use it, how the parent can provide consent, and how the parent can revoke consent. If we do not receive parental consent within a reasonable time, we will delete the parent contact information and any other information collected from the child in connection with that activity.

At any time, parents can request that we delete from our records any personal information or image in connection with their child. Please keep in mind that a request to delete records may lead to a termination of an account, membership, or other service. Parents can contact Guest Services to request access to, change, or delete their child's personal information by sending an email to us at info@tournafin.com. A valid request to delete personal information will be accommodated within a reasonable time.

Miscellaneous

This Agreement constitutes the entire agreement between TOURNAFIN.COM and you concerning the subject matter hereof, and they may only be modified by the posting by TOURNAFIN.COM of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TOURNAFIN.COM may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.