Terms And Conditions

Fly dreamers is interested in creating a place for the fly fishing lovers to exchange, share or acquire information or products related to fishing. For us, it is of great importance to have the informed consent of our users. That is why, we request you revise in detail the herein terms and conditions (hereinafter "T&C”). In the case you agree with the T&C, please accept them and register in our web site.

Acceptance. When using or visiting the web site, you express your consent and compliance with these T&C. In case you do not agree with any of the T&C herein, please refrain from using our web site.

Web site. These T&C apply to all and every user of the web site, i.e. all the persons who use, visit, or in any way participate in the web site.

Declarations and Statements.

Legal age. Even though Fly dreamers is related specifically to fly fishing, which is an activity to be performed without age limits, it is of utmost importance that those persons who are under 18 count on their parents supervision on a permanent basis before sending or exchanging information about themselves through the internet –irrespective of the web page they visit- and we earnestly advise parents to teach their children safety practices for the use of the internet in whatever form the information is exchanged, above all social networks.

Prohibition. You declare being of sufficient age in your jurisdiction to use a social network. Likewise, you declare being above 18 or an emancipated minor and have full capacity to accept and respect these policies. If you are under 18 do not use the web site without duly authorization and supervision of parents or legal representative. Your profile can be eliminated and cancelled without prior notice if we believe you are under 18. What is more, it is absolutely prohibited the use of the web site if you are 14 or under. If you find out a minor is using the web site, you have to let us know immediately.

Contents. You declare and guarantee that:

a) you are the propietor of the contents you upload, publish, transmit or make available to Fly dreamers `services or through them.

b) you possess all the licensees, rights, consents, permissions of use needed or you are entitled to grant the mentioned licenses and therefore authorize Fly dreamers to use patents, trademarks, trade secrets, copyright or any other intellectual property right so that Fly dreamers can include and make use of such content in accordance with the manner established in the site and these T&C.

c) you have not granted third parties the rights to publish or reproduce the content that you upload to the web site nor your name or image.

d) you have the written consent, authorisation or permission of the persons who might appear within the content you upload.

e) the publication of the contents in the services of Fly dreamers or through them does not violate the rights of privacy, publicity, intellectual or industrial property, contractual rights or any other right of third parties.

f) the content has not been illegally obtained.

g) the content is not against any law, regulation or statute, and,

h) the content has not been copied, forged or stolen.

Fly dreamers Rights

Accounts closure. Fly dreamers does not control contents, however, Fly dreamers reserves the right of admission and the right to suspend and/or close all and every accounts in which it finds false or doubtful data or which may harm the rights of Flydremers or third parties. Fly dreamers, at its discretion, may refuse or deny to publish or eliminate any content which might infringe these T&C or which can be considered offensive, illegal, or violate the rights of any person or entity.

You bind yourself not to:

a) submit material protected by copyright, trade secrets or which may be subject to third parties property rights, unless you are the holder of those rights or you possess the holder’s authorisation to publish such material and grant Fly dreamers all the licensee fees by virtue of these T&C.

b) publish false information or make false statements which might harm Fly dreamers or third parties.

c) submit illegal, obscene, defamatory, threatening, pornographic, hostile, hateful, or ethnic or racial offensive material which encourage behaviour which may be considered a felony or which may give way to a civil wrong, infringe the law or may be inappropriate in any way.

d) pretend to be someone else.

Fly dreamers does not support the content published by users, their opinions, recommendations, or pieces of advice given by users and Fly dreamers is exempted from all responsibility which may arise from the content published by users.

Fly dreamers does not allow activities which may infringe copyright or violate intellectual property rights within the web. Likewise, Fly dreamers will eliminate all content if it finds out that such content infringes third parties copyright. Fly dreamers reserves the right to eliminate the content published by users without prior notification.

Fly dreamers also reserves the right to decide whether the content published by users is appropriate and complies with these T&C. Fly dreamers may at any moment, at its discretion and without prior notification, eliminate such content and cancel access of those users who upload material which does not comply with these T&C.

Prohibited content. Above there is a non-exhaustive list of contents which might be considered illegal or which are banned from publishing in the site. Fly dreamers reserves the right to investigate and initiate the necessary legal proceeding against any person who violates this regulation, including but not limited to the removal of the offensive communication from Fly dreamers services, the cancellation of the users account and the subsequent report to the competent authorities.

The Prohibited content includes, but not limits, all content published by users which, at Fly dreamers discretion, might be offensive or might encourage racism, intolerance, hate, physical harm or any type of harm against a person or group; might harass or encourage other people’s harassment, exploit persons violently or sexually, contain nudity, violent or obscene material which is linked to adults´ site, request personal information to under age persons, provide telephone numbers, addresses, last names, URLs or third persons e-mail addresses; promote false information or boost illegal activities or behaviour, or activities which might be abusive, dangerous, obscene or defamatory; promote an illegal or non-authorised copy of a person’s work of art which is protected by copyright; foster or favour any unlawful activity or company or instruct about illegal activities.

What stated as follows is also a violation of these T&C:

I.a) the use of any information obtained from the services of Fly dreamers in an attempt to hire, promote, offer or sell to any user without his/her prior consent. With the view of protecting our users from unwanted publicity or advertisements, Fly dreamers reserves the right to limit the amount of e-mails a user can send to another one in any given period of time. Fly dreamers, at its discretion, will establish an amount of e-mails which the site considers appropriate. If you infringe this clause and send massive unwanted e-mails [also known as “bulk e-mail”], instant messages or other unwanted communication through Fly dreamers´ services, you acknowledge having caused great harm to Fly dreamers;

I.b) the covering or darkening of banner advertisements in your profile page or in any page of Fly dreamers by means of HTML/CDD or any other means.

I.c) The automated use of the system, such as the use of command sequences to add friends or send comments or messages, interfere, interrupt, or create an overload to Fly dreamers´ services or the networks linked to Fly dreamers ´services.

I.d) the attempt to take the identity of another user or person.

I.e) The use of another user’s account, name or password. It is also a violation to reveal to third persons the user’s password or allow third persons to have access to the user’s account, sell or transfer the user’s account.

I.f) the use of any information obtained from the services of Fly dreamers with the aim to harass, abuse, or harm another person; show advertisements in the user’s profile, or accept a payment or reward from a third party in return for the performance of any commercial transaction in Fly dreamers´ services or through such services in place and instead of someone else.

I.g) the attachment of blogs or bulletins with the aim to conduct business transactions, the selection of a profile which fosters commercial transactions or the use of Fly dreamers´ services against the law and regulation.

I.h) The use or launch of an automated system, including robots, spiders, office readers, among others, which have access to the system and send more request messages to Fly dreamers´ services during a given period of time than what a human being could send by the use of web on-line search engine during the same period.

Notice of inappropriate contents. Should you acknowledge the incorrect use of Fly dreamers ´s services or suspect that there has been a security breach or non authorized use of your account or password, or your work has been copied or published in Fly dreamers resulting in copyright infringement, or consider the content of the web site affects in any way your rights, you have to notify Fly dreamers given an account as clear as possible, such as:

I.h.a) a description of the rights which you consider have been infringed or the facts that lead to an incorrect use of Fly dreamers´ services.

I.h.b) The indication or signaling of the content you consider affects your right.

I.h.c) A description, if corresponds, of the place within Fly dreamers´ services where you express the content which infringes your rights is.

I.h.d) What you request from Fly dreamers in connection to such content or the notified situation.

I.h.e) In the case of a violation to intellectual property rights, you are requested to provide a statement, under penalty of perjury, in which you state that the information you provided in the notification is accurate, that you are the copyright holder or you are authorized to act on behalf of the copyright holder.

I.h.f) Your address, telephone number and e-mail address so that after considering the notified situation, Fly dreamers can, if necessary, contact you.

Disputes among users. You are fully liable for the communication and interaction with other Fly dreamers users. Fly dreamers reserves the right to check the disputes among you and other users, even though Fly dreamers is not compelled to do it.

Liability

Content. The User shall be liable for all the Contents published in Fly dreamers. Fly dreamers is not liable for the Users Content. In any case shall Fly dreamers be liable for failures in the service.

Damages. In any case shall Fly dreamers be liable for expenses, losses, indirect or consequential damages, loss of profits, moral damage nor punitive damages. Fly dreamers shall not be liable for suppositions or consequences out of Fly dreamers control, including but not limited to the interruption of electric power, problems with the internet service provider, natural disasters, etc.

Products and services. In any case shall Fly dreamers be liable for the sale of new or used goods or services sold or advertised by Fly dreamers´ users, third parties or agents who hire through Fly dreamers if such activity was carried out within the site or through Fly dreamers. Fly dreamers is not liable for the products and services sold by the users through the web site.

Limitations of liability. In any case shall Fly dreamers, its officers, board of directors, employees, or representatives be liable for any direct or consequential damages, special or punitive which could be caused by:

a) Mistakes or inaccuracies in the content.

b) damages of any nature to the person or property which arise from Fly dreamers web site access or the use of such site.

c) any non-authorised access to the safe servers of the web site or all personal and financial information stored in such server or the use of such.

d) any interruption or suspension of transmission from or to the web site.

e) any “bug”, virus, trojan or similar viruses which could be transmitted from third parties from or to the web site.

f) mistakes or omissions in content, loss or damages of any nature which you may incur resulting from the content published, sent by e-mail, transmitted or available through the web site which would be secured by means of a guarantee, contract, civil wrong, or any other legal theory, irrespective of whether Fly dreamers has been warned about the possibility of such damages arousing.

You herein acknowledge that Fly dreamers will not be held liable for the content submitted by users or by defamatory, offensive, illegal conduct by third parties. You herein take the risk of suffering any damages or detriment resulting from such material or conduct.

Transactions. The user shall be held responsible for all the activities carried out in his/her account. The user acknowledges and accepts the risk bore when doing business with other users or third parties. The user accepts that Fly dreamers is not involved and has no power over the quality, safety or legality of the above mentioned points, the truthfulness or accuracy of the ads, and the capacity of the Users to buy and sell goods.

Goods and services. The user accepts the fact that Fly dreamers is not responsible for the goods and services acquired and/or offered by the user or by third parties which are not the goods and services offered by Fly dreamers. Should one or more users or a third party initiate any complaint or legal dispute against any other user or a third party, every and all the users involved in the complaint or legal dispute absolve Fly dreamers from all responsibility, together with its board of directors, managers, employees, agents, workers, representatives and legal representatives.

No guarantee. The Site is provided on an “AS IS” basis. The access and use is at the user’s own risk. The user understands and accepts that Fly dreamers and its board of directors and/or employees, and/or associates do not guarantee merchantability, adequacy for a specific purpose or result nor copyright infringement. Fly dreamers does not guarantee and rejects any responsibility and obligation of completion, accuracy, availability, punctuality, safety, or reliability of its services or any other content resulting from thereof. Under this agreement, you acknowledge and accept that if Fly dreamers blocks the access to your account it is likely that you cannot have access to the services, the information of your account or files or any other content thereto. Fly dreamers shall not be liable for any damages, or loss the user may suffer arising from system failures, the server, or the Internet.

Compensation. The user commits himself/herself to defend and keep Fly dreamers, its holding company, board of directors, employees and associates harmless against any claim, compensation, loss, debt, costs or expenses (including the lawyer fees) which may arise from:

a) the use of the web site or the access to such,

b) the user’s violation to any of the clauses of these T&C.

c) the user’s violation to third parties rights .

d) any claim for damages caused to third parties resulting from the content you publish.

The above mentioned defence and compensation duty shall prevail even when the user has ceased to use Fly dreamers´ web site or the above mentioned have expired. You bind yourself to pay all royalties, fees and any other type of expenses which shall be payable to any person arising from the contents you published in or through Fly dreamers services. You are the sole and unique responsible for your conduct and any content you upload, send, or show in the web site, and you herein agree to keep Fly dreamers harmless to such extent as detailed in clause 13 of these T&C.

Changes in the web site. The Site www.flydreamers.com is under permanent development and the form and object of the services may change without prior notice. Fly dreamers is entitled to end permanently the services provided or opt, at its discretion, to interrupt partially the services which shall not be construed as a right in favour of the Users.

Amendments to the T&C. Users must comply with all applicable laws and the T&C, as may be amended from time to time with or without advance notice. Fly dreamers reserves the right to modify, supplement or replace the T&C, effective upon posting at www.flydreamers.com. In any case, Users must review this T&C on a regular basis in order to be updated with the amended T&C. If posible, Fly dreamers will notify you of the relevant changes made to the T&C. For example, Fly dreamers may present a banner on the site so that you may access and review the changes to the T&C or Privacy Policy prior to your continued use of the site. If you do not agree to changes please refrain from using our web site.

Intellectual property. Through the acceptance of the herein T&C, the user grants Fly dreamers a non- exclusive, perpetual, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute, sell every and all the contents, at Fly dreamers ´s discretion, by any means of communication or distribution method.

Intellectual Property rights. With the exception of the content provided by users, the content of Fly dreamers, including texts, software, scripts, pictures, sound, music, videos, interactive contents and the like, trademarks and logo (“brands”), among others, constitutes Fly dreamers private property or has been granted under licensee and is subject to copyright, or other types on intellectual property rights in accordance with the appropriate legislation. The Site is provided on an “AS IS” basis with the aim to inform and for personal use. The content shall not be used, copied, reproduced, distributed, transmitted, showed, sold, be subject to licensees or used in any other way or with any other aim as those set forth in these T&C, without prior written consent of the holders. Fly dreamers reserves all the rights which are not granted specifically to the web site and the content. You bind yourself not to omit, defuse or interfere with the security contents of the web site, nor the contents which avoid or limit use, or the copy of any content, or set limits to the use of the web site or its content. It is Fly dreamers policy to close the account of any user who infringes the intellectual property rights of third parties once Fly dreamers receives notice from the copyright holder or the legal representative of such.

Additional Information. Fly dreamers may, at its own discretion, request an additional registration for those users who conduct one or more commercial transactions in the site or carry out activities related with commerce, advertising or marketing which may affect in any possible way the economic interests of Fly dreamers, the user, or third parties.

Third parties web site. The web site may contain links to third persons web sites which are not Fly dreamers property or are beyond Fly dreamers control. Fly dreamers neither controls the content nor the policies or privacy practices of third parties web sites. Likewise, Fly dreamers is not responsible for such contents, policies or practices. When using our web site, you accept and acknowledge that you are fully liable for the use of third parties web sites, and you exempt Fly dreamers from all liability that could arise from the use of such web sites. That is why, we suggest that once you leave our web site, you read the terms and conditions and the privacy policy of any other web site you visit. Fly dreamers´ services and contents may contain links to web sites or resources of third parties over which Fly dreamers has no responsibility whatsoever.

Personal Information

Authorisation. The User authorises FLYDREAMERS, under the Argentine act 25.326 to use the personal data with the aim to develop the site www.flydreamers.com, including but not limited to receiving ads and promotions and the new services of the site.

Transfer. The user authorises, under Argentine act 25.326, to transfer the personal data uploaded to the site www.flydreamers.com with the aim to develop the site and implement the site’s services. In additions to this, the user authorises the transfer of his or her personal data and Content to other countries to be stored and processed by Fly dreamers or any subcontractor for the provision of services.

Statement. The user herein accepts that the contents uploaded to the web site can be seen by all the users. The user declares having been informed about the Argentine act 25.326 and its optional nature together with the possibility of exercising the right to access, rectification and suppression of the above mentioned data.

Notices. Fly dreamers can send you notifications, including those related to the contents´ changes, through e-mail, post, or publication in the services.

Newsletter Fly dreamers may produce a Newsletter with information of Fly dreamers (including the information posted by Fly dreamers’ users), relevant information and advertising, and send you the Newsletter to the email address provided by you. In case you don’t want to receive the Newsletter you may request to unsubscribe according to the details provided for it in the Newsletter

Personal Information Protection. In compliance with legal requirements and in accordance with the Dirección Nacional de Protección de Datos Personales provisions, we herein clarify the following:

“The proprietor of the personal information is entitled to exercise his/her right to such freely within a period no than six months, except that a legitimate interest is proven, in accordance with section 14, subsection 3 of Act 25.326”.

“La Dirección Nacional de Datos Personales, entity which controls the Act 25.326, is conferred with the powers to process complaints and claims which interfere with the compliance of the rules related to personal information protection”.

Contact. Should you need to contact the Dirección Nacional de Protección de Datos Personales, please do so at:

Sarmiento 1118, 5th floor (C1041AAX) Telephone n°: 4383-8510/12/13/15 www.jus.gov.ar/datospersonales infodnpdp@jus.gov.ar

Directory of Professionals

Fly Dreamers offers its users a section at its website called “Directory of Professionals” (the “Directory”). Any user that exercises a profession or provides a service, as, for instance (but not limited to), Fishing Guide, Tying Instructor or Professional Fly Casting Instructor; is the owner of a fishing lodge or hostelry, or provides any professional service related to fly fishing (outfitter, agent), shall be able to request to be included in the Directory.

The wording of the published info in the directory profile must be correct both in its grammar and spelling. Profiles which do not meet Fly dreamers' Terms & Conditions will be temporarily suspended until the user has made the proper changes.

The only purpose of the Directory is to publish the information provided by the registered users, with no intervention by Fly Dreamers. Any breach, by any user registered in the Directory, of these T and C, shall entitle Fly Dreamers to remove the data published by such incompliant user/s.

In order to be part of the Directory, you should:

FIRST: Sign up in our website either using your Facebook user account, or creating an account in Fly Dreamers. For this purpose, you should supply the following information: i) First name, ii) Last name, iii) email address, iv) Create a password and v) Select the country where you live. If you are already a member of Fly Dreamers, you should access signing in directly.

SECOND: After signing up, you should fill in your professional profile’s information. The following information should be included:

i) Type of profile (i) Fishing Guide, Tying Instructor, Fly Casting Instructor; ii) Fishing Lodge, Hotel; iii) Outfitter, Agent.

ii) Description of the characteristics of the service offered. Fly Dreamers recommends to include a description both in English and Spanish languages.

iii) The species in which you are a specialist or that may be fished in your area.

iv) The destination/s in which you offer your services, including the country, state, district or province, city and name of the river, lake or place.

v) Upload a picture for the page’s cover.

vi) Upload a selection of the best pictures of your service.

vii) A contact phone number, including area code and country code.

viii) Include a link to your webpage, if you have one.

Finally, after uploading this information, you should save the changes.

THIRD: After completing the information needed for the registration, you shall be automatically redirected to the PayPal webpage, where you shall be able to pay the first fee of the corresponding tariff. The Argentine users shall be redirected to Mercado Pago’s webpage.

The rates applicable are the following:

i) Fishing Guide, Tying Instructor, Fly Cast Instructor: US$ 9,99 (Nine United States dollars and ninety nine cents) per month, counted as from the day after subscription. In the event the user chooses to pay the annual subscription in one payment, a 25% discount applies (Twenty five percent). Being the payment equal to US$ 89,99 (Eighty nine United States dollars and ninety nine cents).

ii) Fishing lodge, boutique hotel or cabin: US$ 34,99 (Thirty nine United States dollars and ninety nine cents) per month, counted as from the day after subscription. In the event the user chooses to pay the annual subscription in one payment, a 25% discount applies (Twenty five percent). Being the payment equal to US$ 314,99 (Three hundred and fourteen United States dollars and ninety nine cents).

iii) Outfitter or Agent: US$ 19,99 (Nineteen United States dollars and ninety nine cents) per month, counted as from the day after subscription. In the event the user chooses to pay the annual subscription in one payment, a 25% discount applies (Twenty five percent). Being the payment equal to US$ 179,99 (One hundred and seventy nine United States dollars and ninety nine cents).

The monthly/yearly fees shall be automatically debited from the user’s Paypal or Mercado Pago accounts, as applicable.

It is expressly informed that Fly Dreamers does not store any information in connection with the credit cards with which the user makes the payments.

The tariffs applicable shall vary from time to time, according to the criterion applied by Fly Dreamers. In due time, such increased amounts or any other change in same shall be duly notified to the user.

It is expressly stated, and the user accepts, that Fly Dreamers reserves its right to verify that the registration category corresponds to the user’s activity, and may, at any time, without prior notice, make the adjustments it deems appropriate and apply the tariff that corresponds to the user’s activity.

Once the registration process has been completed, you shall automatically become part of the Directory. Being part of the Directory implies that your profile shall become automatically public, consultable and accessible not only for any user registered at Fly Dreamers’ website but also for any person using any Internet search engine.

In order to amend any of the data inserted for the creation of the profile, you should access the area “edit” by clicking on the icon on the right side of the screen. After filling in the new information, you should save the changes. All the updates shall appear immediately in your profile.

It is expressly stated that Fly Dreamers shall not be part of any of the potential relations between the members of the Directory and the users or any third party that might take place as consequence of being part of the Directory. Under no circumstance shall Fly Dreamers, its officers, directors, employees or representatives be liable to any direct, indirect, incidental, special or punitive damages that the member of the Directory or the third party mightincur in. Likewise, Fly Dreamers shall not be responsible for the comments and ratings made by other users and/or contracting third parties in the space granted for reviews of the services provided by the members of the Directory.

At the time of becoming a member of the Directory, you undertake to defend, indemnify and hold Fly Dreamers, its parent company, its officers, directors, employees or representatives harmless, from and against any damages, liabilities, losses, debts, costs or expenditures (including, among others, attorney fees) that might be incurred as consequence of the relationship between the member of the Directory and any other user or third party.

The user acknowledges and accepts that the opportunity of being part of the Directory is reserved exclusively to users engaged in fly-fishing activities in a professional way (as, for instance, Fishing Guide, Tying Instructors, professional Fly Casting Instructor, owners of a fishing lodge or hostelry, etc.) that wish to promote their businesses. In this respect, Fly Dreamers reserves its right to cancel those accounts in the Directory that do not comply with those characteristics and conditions at its sole discretion and without prior notice.

Miscellaneous

Password. The user is responsible for protecting his/her password which should only be used to access the services provided by the Site www.flydreamers.com. When creating an account, you have to provide accurate and precise information, and when you register as a user, you will be asked to choose a password. You are fully responsible for keeping your password secret and for the use of your account. In any case shall the user use the account, nickname or password of another user without being duly authorized, nor reveal his/her password to third persons. In this way, you are the only responsible for damages which result from the non-authorized use of such information. You are the sole and only responsible for the information you provide and for the activity you conduct in the account and you have to keep the password to access your account safe. We shall not bear any responsibility for the losses caused by the non authorized use of your account. You shall be held liable for the losses incurred by Fly dreamers or third parties because of such non authorized use.

Headings. The headings of the herein T&C have as only purpose to be used as reference. It shall not be construed that the above mentioned headings govern, limit, modify or affect the scope, sense, or aim of the provisions of these T&C in any other way. In addition, they shall not have any legal effect whatsoever.

Invalidity. If any T&C of the herein T&C is considered null, void or illegal or any other way which a competent tribunal considers not enforceable, it shall not affect the validity of the other terms and conditions. However, the affected term or condition shall be modified subject to the tribunal’s opinion to make such term or condition valid, legal, and enforceable and the rights and duties shall be construed and enforced in accordance with the above mentioned.

Language. The translation to English of these T&C is purely illustrative being the Spanish version the prevailing one in any dispute or claim.

Assignment. You have to refrain from assigning or transferring the herein conditions, rights and licensees which are granted by virtue of these T&C. In spite of that, Fly dreamers could assign such rights and licensees without any restriction whatsoever.

Access. Interface. Through the herein T&C you bind yourself not to access or try to access to any of the services by any other means which is not the interface provided by Fly dreamers. Moreover, you commit yourself not to use automated means which include scripted sites, web crawlers, nor send spams or use the services provided by Fly dreamers with commercial aims.

Legislation. The herein T&C shall be construed in accordance with the Argentine laws.

Jurisdiction. In the event that a complaint concerning these T&C arises, the parties shall work jointly in good faith to solve the. Should the parties fail to solve the dispute, such dispute shall be subject to the decision of the Tribunales Ordinarias de los Ciudad Autónoma de Buenos Aires, waiving herein to any other jurisdiction that may be applicable. To the effect of these T&C and for all the disputes that may arise, the user establishes the domicile stated in his/her user account or profile in which he/she shall receive all and every judicial and extrajudicial kind of notices and service of summons.

Should you have any query concerning these Terms and Conditions, please contact us.