LakeWire Beta Terms of Use

YOUR AFFIRMATIVE ACT OF USING LAKWIRE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE LAKEWIRE.

  1. Changes to the Terms of Use

    We may change these Terms of Use at any time. If you continue to use LakeWire after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

  2. Changes to LakeWire

    We may provide new features, attempt to resolve problems, or discontinue or change any service or feature on LakeWire at any time without notice.

  3. Who Can Use LakeWire

    You may use the LakeWire service only if you can form a binding contract with LakeWire, and only in compliance with these Terms and all applicable laws. LakeWire focuses exclusively on the Sport Fishing Industry, and User accounts represent individuals - not companies. Users create messages and post content that is of interest to the Sport Fishing community. Content and topics that are not of interest to anglers are not allowed. Furthermore:

    • You agree to use LakeWire only in the context of collaborating with anglers and the Sport Fishing community.
    • At this time, company accounts are not provided. You agree not to use LakeWire for commercial purposes, and not to create an account that represents a company or organization.
    • You are not allowed to use LakeWire if you are under 13.
    • You are not allowed to use LakeWire if you are a convicted sex offender.
  4. Our License to You

    Subject to these Terms and our policies (including our House Rules), we grant you a limited, non-exclusive, non-transferable, and revocable license to use the LakeWire service. You agree that this license, and the LakeWire service is provided AS IS, without warranties of any kind, whether express or implied, and that LakeWire has no obligation to provide you with support.

  5. Redistribution of Data

    You may not use any data mining, robots, spiders, or similar data gathering and extraction tools or methods on the Content, frame any portion of LakeWire or Content, sublicense, assign, transfer, sell, loan, or otherwise distribute for payment the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction, distribution, or replication of the Content.

  6. Your Data and Content
    1. Posting Content on LakeWire

      LakeWire allows you to post messages, photos, images, your avatar, and other information and materials. Anything that you post or otherwise make available on LakeWire is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to LakeWire.

    2. LakeWire rights, and other Users' rights to use your content

      You grant LakeWire and its Users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to share, use, post, store, display, reproduce, modify, create derivative works, and distribute your User Content on LakeWire solely for the purposes of operating, developing, providing, and using the LakeWire service. Nothing in these Terms shall restrict other legal rights LakeWire may have to User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms, our House Rules, or our policies.

    3. Who can see your content

      LakeWire is a completely transparent network. User profiles are public. All of your personal information specified in your account Settings, with the exception of your password and email address, are visible to other Users when they view your User profile. Furthermore, all messages, images, or other content that you post or receive are visible to other Users.

    4. How long your content is available

      Following termination or deactivation of your account, or if you remove any User Content from LakeWire, we may retain your User Content for as long as we deem necessary to ensure service integrity and for audit purposes. Furthermore, LakeWire and its Users may retain and continue to share, use, store, display, reproduce, modify, create derivative works, and distribute any of your User Content that other Users have stored or shared through LakeWire.

    5. Unexpected Loss of Data

      You acknowledge that you are using the LakeWire service in beta form, and agree that some or all of your data may be deleted or removed due to unexpected technical issues, the removal of certain features or capabilities, or any other change in direction or evolution of the LakeWire service. You agree that LakeWire has no obligation to provide you with support, and that LakeWire is not liable for any or all cases in which your content or personal data is removed or deleted.

  7. Prohibited Forms of Content

    LakeWire works hard to ensure the LakeWire environment is safe, but we cannot guarantee it. LakeWire takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using the LakeWire service.

    In order to provide the LakeWire service and the ability to interact and collaborate with others, there are some limitations on the type of content that can be published with LakeWire. These limitations comply with legal and ethical requirements and make LakeWire a safe environment and a better user experience for all. We may need to enhance or change these rules over time, and reserve the right to do so. Please check back here to see the latest.

    • Private Information

      You may not publish or post other people's private and confidential information, such as driver's license or ID numbers, credit card numbers, street addresses, or Social Security numbers, without their express authorization and permission.

    • Spam

      You may not use the LakeWire service for the purpose of spamming the community or any User. What we consider spamming will evolve as we respond to new forms of spamming. Some of the things that we take evaluate when determining if certain forms of content are spam include:

      • Posting messages that are advertisements.
      • Posting messages with topics or content that are unrelated to Sport Fishing.
      • Creating false or misleading content in an effort to draw attention to your account, another website, or service.
      • Posting misleading links, or links to malware, unsafe sites, phishing sites, etc.
      • Randomly or aggressively liking messages in an attempt to bring attention to an account, service or link.
      • Performing any action to artificially raise your Social Statistics.
      • A significant number of Users have reported you for spam.
    • Pornography, sexually explicit, or violent content

      You may not post content on LakeWire that is pornographic, sexually explicit, contains nudity, or promotes violence or gang related activities.

    • Trademarks

      You should not create Usernames that are associated with businesses or individuals that hold legal claim or trademark to those Usernames. In fact, we reserve the right to reclaim Usernames if they violate existing trademarks. Furthermore, accounts using business names and/or logos to mislead others may be permanently deactivated and deleted.

    • Copyrights

      You may not post any content that is copyrighted. We will respond to complete notices of alleged copyright infringement, an our copyright notification and procedures are set forth in these Terms of Service.

  8. Registration and Account Security

    LakeWire Users provide their real names and information, and we need your help to keep it that way. By accepting the Terms of Use, you make the following commitments to us relating to registering and maintaining the security of your account:

    1. You are responsible for maintaining the confidentiality of your password and account.
    2. You are entirely responsible for any and all activities that occur under your account.
    3. You will not provide any false personal information on LakeWire, or create an account for anyone other than yourself without permission.
    4. You will not create more than one account.
    5. If we disable or delete your account, you will not create another one without our permission.
    6. You commit to keep your contact information accurate and up-to-date. Specifically, this means keeping your email address in your Notification Preferences part of Settings up to date.
    7. You will protect your password and not share it with anyone else. Furthermore, you will not let anyone else access your account or do anything else that might negatively affect the security of your account.
    8. You agree to immediately notify LakeWire of any unauthorized use of your account or any other breach of security known to you.
    9. LakeWire accounts cannot be transferred to someone else without our written consent. You agree not to transfer your account to anyone else without first getting our written permission.
    10. You agree not to pose as another person or a company. We reserve the right to reclaim or remove your Username or Avatar if we believe it is appropriate, such as in trademark or copyright infringements, etc.).
    11. You will not choose a Username or Avatar that implies any type of affiliation with LakeWire or any other company or organization.
  9. Member Conduct

    We work hard to ensure the LakeWire service is safe, but we cannot guarantee it. As such, we have published a list of behaviors we deem unacceptable in the House Rules. If you believe a user has violated the House Rules , please notify us by using the Report User button in the message tooltip. For more information on how to report a user, click here.

  10. Mapping Services and GPS data

    LakeWire works hard to provide accurate maps, and in doing so, utilizes many third party mapping and imagery services. You understand that we cannot guarantee the accuracy of our maps and imagery, and that the mapping data presented in the LakeWire service is intended for planning purposes only. More specifically, you agree not to use any information contained in the maps or imagery, or any information derived from these sources for navigation purposes when operating automobiles, boats, or other motorized or non motorized forms of transportation.

  11. Feedback to LakeWire

    By my making contributions to LakeWire like reporting problems, submitting ideas for new features, or making proposals to LakeWire through its Contact or Feedback facilities, you acknowledge and agree that:

    1. No confidential or proprietary information is included in your Contributions.
    2. LakeWire does not assume any obligation of confidentiality, explicit or implicit, with respect to your Contributions
    3. LakeWire is authorized to use, disclose, or not use or disclose your Contributions for any purpose and in any way it desires.
    4. Other Users may have already communicated to LakeWire the same or similar ideas, suggestions, or problems.
    5. LakeWire may already be thinking about your Contributions or have the same thing or something similar in development.
    6. Any and all of your Contributions are made without any obligation of LakeWire to you.
    7. You are not entitled to any compensation of any form, or reimbursement of any kind from LakeWire under any circumstances.
  12. Advertisers and Third Party Sites

    LakeWire uses many third party sites to assemble and deliver content and services to Users. Some of these sites may contain information or materials that are objectionable, unlawful, or inaccurate. You agree that LakeWire shall not be held liable for any activities that occur on any website you access through links on LakeWire. These links are provided as a convenience, and do not endorse the content or services offered by these other sites. Any interactions, purchases, or other dealings that you have with advertisers found on LakeWire are between you and the advertiser. You acknowledge and agree that LakeWire is not liable for any bad experience, loss or claim you may have against an advertiser.

  13. Privacy

    Your privacy is very important to us. We have published a Privacy Policy that explains to members how their information is collected and used. The mere act of using the LakeWire service signifies the member's acknowledgement of and agreement to the LakeWire Privacy Policy.

  14. Indemnity

    You agree to indemnify and hold LakeWire and its subsidiaries, affiliates, officers, directors, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the LakeWire Services, your use of the LakeWire service, your connection to the LakeWire service, your violation of the Terms of Use, or your violation of any rights of another.

  15. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAKEWIRE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE LAKEWIRE SERVICE OR THIS AGREEMENT, IRRESPECTIVE OF WHETHER LAKEWIRE WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.

  16. General Provisions

    The Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflict of laws, rules or provisions. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate court in Austin, Texas, and you hereby expressly consent to personal jurisdiction in such courts and waive all venue, jurisdiction and choice of law challenges or defenses. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, including, without limitation, any of the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect. If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions in this Agreement. You may not assign any rights or obligations under this Agreement. This Agreement will be binding upon and will inure to the benefit of LakeWire and its successors and assigns. This Agreement, together with any and all rules, policies, or additional terms associated with the Service, constitutes the entire understanding and agreement of the parties respecting the subject matter of this Agreement.

  17. Termination

    If you violate the letter or spirit of this Statement, or any other incorporated statement like the House Rules, or you otherwise create risk or possible legal exposure for us, we can stop providing the LakeWire service to you. We will notify you by email or at the next time you attempt to access your account.