This agreement sets out the terms and conditions of the agreement between SOMBRIO VENTURES INC., the owner and operator of fishlodges.com (”Sombrio”) and you (the “Operator”) with respect to the Premium Listing advertising service.
fishlodges.com is an electronic advertising marketplace website (“Website”) owned and operated by Sombrio, dedicated to fishing vacations. On the Website a visitor can view information from multiple fishing lodges, search for the lodge that matches the visitor’s criteria, and contact the lodge.
fishlodges.com will advertise the Operator’s vacation property package on the Website, permitting visitors to find the property by searching and browsing through all listings. Website visitors are able to browse via a map-based view and filter by specific criteria. A full set of details is available on a page that is unique to the Operator—this is the Operator’s “Lodge Details Page”.
A Lodge Details Page will be created based on the combination of information that fishlodges.com staff has researched and information that the Operator provides. The Operator will be asked to verify in writing the accuracy of this information prior to this information being published on fishlodges.com publicly. Once the Lodge Details Page is approved, fishlodges.com will not change the contents of it without explicit written permission or instruction from the Operator. This ensures the Operator knows what information a Website visitor is seeing.
By approving the Lodge Details Page which we will create for your property, you grant Sombrio a non-exclusive, transferable, sublicenseable, world-wide, royalty-free license for the maximum amount of time permitted by applicable law to host, store, copy, publish, distribute, provide access to and otherwise use the information contained in your Lodge Details Page. This includes hosting and access on co-branded services of that material, and to use the data contained in that Lodge Details Page as search results and to integrate that data into the fishlodges.com website as Sombrio deems appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This license continues for as long as your have a current subscription for our services. Except for the rights granted in this Agreement, Sombrio acquires no title or ownership rights in or to any Lodge Details Page content.
Your subscription for the fishlodges.com Premium Listing will start when Sombrio confirms your payment and will continue for a period of one month (monthly subscription) or one year (yearly subscription). All fees are charged in US Dollars (USD). Fees may vary based on currency exchange rates. Customers may also be charged additional credit card fees for currency conversion from non-USD currencies to USD by their bank.
At the end of the subscription period, you will automatically be signed up and billed for an additional subscription term of the same length. If you do not wish your subscription to auto-renew, you may cancel your subscription prior to the end of your current subscription term. Your subscription will continue in effect unless and until you cancel your subscription or your subscription is otherwise terminated or suspended.
You can manage your subscription at any time using our subscription management portal.
You have the right to cancel your subscription without fee or penalty at any time. If you cancel your subscription, cancellation will be effective at the end of the current subscription term. This will prevent your account from automatically renewing next payment cycle. After cancellation, your information will still appear on our site for the remainder of that term, but you will not receive a refund.
You may cancel your subscription under this Agreement in one of two ways: 1) using the link to “manage your plan” that was included in the email that was sent to the email address you provided when you signed up for the subscription, 2) by sending a written notice to Sombrio via the Contact page, 3) using our subscription management portal.
The effective date of such termination will be the end of the current subscription term. You shall not be entitled to any refund as a result of the termination of your subscription.
The Operator shall use the services of the Website at its own sole risk. Sombrio does not warrant that the Service or Website: a) will meet the Operator’s requirements; b) will not be interrupted; c) will be error-free; d) will meet any quality standards or expectations of the Operator.
In no event shall Sombrio, its directors, officers, shareholders, employees, members or agents be liable with respect to the Website or Services for (a) any direct, indirect, special, incidental, punitive, or consequential damages of any kind whatsoever, (b) damages for loss of use of the Website or Services or profits, (c) damages for non-performance of the Website or Services, or errors or omissions relating to the Website or Service.
Each party shall indemnify, defend, and hold the other party harmless from and against any and all claims, actions, suits, demands, assessments, or judgments asserted, and any and all losses, liabilities, damages, costs, and expenses (including, without limitation, legal fees, accounting fees, and investigation costs to the extent permitted by law) arising out of or relating to any operations, acts, or omissions of the indemnifying party or any of its employees, agents, and invitees in the exercise of the indemnifying party's rights or the performance or observance of the indemnifying party's obligations under this agreement. Prompt notice must be given of any claim, and the party who is providing the indemnification will have control of any defense or settlement.
Nothing in this Agreement shall be construed as constituting either party as the agent, employee or representative of the other party, or creating a partnership or as imposing upon either party any partnership duty, obligation or liability to the other party.
This Agreement enures to the benefit of the parties and their respective successors, assigns and permitted assigns, as the case may be.
If any provision of this Agreement is unenforceable or invalid, such unenforceability or invalidity shall not affect the validity of the remaining provisions of the agreement.
This Agreement shall be governed by the laws in force in the Province of British Columbia, and the courts of the Province of British Columbia shall have exclusive jurisdiction with respect to any dispute, matter or thing arising herefrom.