Terms of Use
Date of Last Revision: April 20, 2009
Welcome to FishingTribute, a social
utility that connects you with the people around you. The FishingTribute service and network (collectively, "FishingTribute" or "the Service") are operated
by FishingTribute and its
corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or
using our web site at www.fishingtribute.com
or the mobile version thereof (together the "Site") or by posting a Share Button
on your site, you (the "User") signify that you have read, understand and agree
to be bound by these Terms
of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of FishingTribute. We reserve the right, at our sole discretion,
to change, modify, add, or delete portions of these
Terms of Use at any time without further notice. If we do this, we will
post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of
the Service or the Site after any such changes constitutes your acceptance of the
new Terms of Use. If you
do not agree to abide by these or any future
Terms of Use, do not use or access (or continue to use or access) the Service
or the Site. It is your responsibility to regularly check the Site to determine
if there have been changes to these
Terms of Use and to review such changes.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely
for users who are eighteen (18) years of age or older. Any registration by, use of or access
to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site,
you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the
terms and conditions of this
Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current
and complete information about you as may be prompted by any registration forms
on the Site ("Registration Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the Registration Data, and any
other information you provide to Company, to keep it accurate, current and complete;
and (d) be fully responsible for all use of your account and for any actions that
take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text,
graphics, pictures, video, information, applications, software, music, sound and
other files, and their selection and arrangement (the "Site Content"), are the proprietary
property of the Company, its users or its licensors with all rights reserved. No
Site Content may be modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any
means, in whole or in part, without the Company's prior written permission, except
that the foregoing does not apply to your own User Content (as defined below) that
you legally post on the Site. Provided that you are eligible for use of the Site,
you are granted a limited license to access and use the Site and the Site Content
and to download or print a copy of any portion of the Site Content to which you
have properly gained access solely for your personal, non-commercial use, provided
that you keep all copyright or other proprietary notices intact. Except for your
own User Content, you may not upload or republish Site Content on any Internet,
Intranet or Extranet site or incorporate the information in any other database or
compilation, and any other use of the Site Content is strictly prohibited. Such
license is subject to these Terms
of Use and does not permit use of any data mining, robots, scraping or similar data
gathering or extraction methods. Any use of the Site or the Site Content other than
as specifically authorized herein, without the prior written permission of Company,
is strictly prohibited and will terminate the license granted herein. Such unauthorized
use may also violate applicable laws including copyright and trademark laws and
applicable communications regulations and statutes. Unless explicitly stated herein,
nothing in these Terms of
Use shall be construed as conferring any license to intellectual property rights,
whether by estoppel, implication or otherwise. This license is revocable at any
time without notice and with or without cause.
User Conduct
You represent, warrant
and agree that no materials of any kind submitted through your account or otherwise
posted, transmitted, or shared by you on or through the Service will violate or
infringe upon the rights of any third party, including copyright, trademark, privacy,
publicity or other personal or proprietary rights; or contain libelous, defamatory
or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from
the Service or the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
- use the Service or the
Site in any unlawful manner or in any other manner that could damage, disable, overburden
or impair the Site;
- use automated scripts to collect information from or otherwise
interact with the Service or the Site;
- upload, post, transmit, share, store
or otherwise make available any content that we deem to be harmful, threatening,
unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene,
fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically
or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other
than those of a personal nature that: (i) are of you or your friends, (ii) are taken
by you or your friends, or (iii) are original art or animation created by you or
your friends;
- register for more than one User account, register for a User account
on behalf of an individual other than yourself, or register for a User account on
behalf of any group or entity;
- impersonate any person or entity, or falsely
state or otherwise misrepresent yourself, your age or your affiliation with any
person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the
Site any private information of any third party, including, addresses, phone numbers,
email addresses, Social Security numbers and credit card numbers;
- solicit personal
information from anyone under 18 or solicit passwords or personally identifying
information for commercial or unlawful purposes;
- upload, post, transmit, share
or otherwise make available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate any local,
state, national or international law;
- use or attempt to use another's account,
service or system without authorization from the Company, or create a false identity
on the Service or the Site.
- upload, post, transmit, share, store or otherwise
make available content that, in the sole judgment of Company, is objectionable or
which restricts or inhibits any other person from using or enjoying the Site, or
which may expose Company or its users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image,
and likeness), messages, notes, text, information, music, video, advertisements,
listings, and other content that you upload, publish or display (hereinafter, "post")
on or through the Service or the Site, or transmit to or share with other users
(collectively the "User Content"). You may not post, transmit, or share User Content
on the Site or Service that you did not create or that you do not have permission
to post. You understand and agree that the Company may, but is not obligated to,
review the Site and may delete or remove (without notice) any Site Content or User
Content in its sole discretion, for any reason or no reason, including User Content
that in the sole judgment of the Company violates this Agreement ,
or which might be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of users or others. You are solely responsible at your sole
cost and expense for creating backup copies and replacing any User Content you post
or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such
copies thereof as we deem necessary in order to facilitate the posting and storage
of the User Content on the Site. By posting User Content to any part of the Site,
you automatically grant, and you represent and warrant that you have the right to
grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully
paid, worldwide license (with the right to sublicense) to use, copy, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part) and distribute
such User Content for any purpose, commercial, advertising, or otherwise, on or
in connection with the Site or the promotion thereof, to prepare derivative works
of, or incorporate into other works, such User Content, and to grant and authorize
sublicenses of the foregoing. You may remove your User Content from the Site at
any time. If you choose to remove your User Content, the license granted above will
automatically expire, however you acknowledge that the Company may retain archived
copies of your User Content. FishingTribute
does not assert any ownership over your User Content; rather, as between us and
you, subject to the rights granted to us in these
Terms, you retain full ownership of all of your User Content and any intellectual
property rights or other proprietary rights associated with your User Content.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from
uploading, posting or otherwise transmitting on the
FishingTribute website or service any materials that violate another party's intellectual
property rights. When we receive proper Notification of Alleged Copyright Infringement
, we promptly remove
or disable access to the allegedly infringing material and terminate the accounts
of repeate infringers . If you believe that any material on the Site infringes upon any copyright
which you own or control, you may send a written notification of such infringement
to our Designated Agent.
Repeat Infringer Policy
Company has adopted a policy of terminating, in appropriate circumstances and
at Company's sole discretion, members who are deemed to be repeat infringers. Company
may also at its sole discretion limit access to the Site and/or terminate the memberships
of any users who infringe any intellectual property rights of others, whether or
not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to
other web sites ("Third Party Sites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software and
other content or items belonging to or originating from third parties (the "Third
Party Applications, Software or Content"). Such Third Party Sites and Third Party
Applications, Software or Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third Party Sites accessed through the Site or any Third Party Applications,
Software or Content posted on, available through or installed from the Site, including
the content, accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the Third Party Sites or the Third Party Applications,
Software or Content. Inclusion of, linking to or permitting the use or installation
of any Third Party Site or any Third Party Applications, Software or Content does
not imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that our
terms and policies no longer
govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any
site to which you navigate from the Site or relating to any applications you use
or install from the site.
Share Service
Company offers a feature whereby users of the Site can share with others or post
to their own member profile, videos, articles and other Third Party Applications,
Software or Content from, and/or links to, Third Party Sites through the Service
(the "Share Service"). You acknowledge and agree that your use of the Share Services
and all links, User Content or Third Party Applications, Software or Content shared
through the Share Service is subject to, and will fully comply with the user conduct
rules set forth above and the other
terms and conditions set forth in these
Terms of Use.
User Disputes
You are solely responsible for your interactions with other FishingTribute users. We reserve the right, but have
no obligation, to monitor disputes between you and other users.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third
Party Applications, Software or Content posted on the Site or in connection with
the Service, whether posted or caused by users of the Site, by FishingTribute, by third parties or by any of the equipment
or programming associated with or utilized in the Site or the Service. Although
we provide rules for user conduct and postings, we do not control and are not responsible
for what users post, transmit or share on the Site and are not responsible for any
offensive, inappropriate, obscene, unlawful or otherwise objectionable content you
may encounter on the Site or in connection with any User Content or Third Party
Applications, Software or Content. The Company is not responsible for the conduct,
whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance
or other reasons. Company assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, User communications.
The Company is not responsible for any technical malfunction or other problems of
any telephone network or service, computer systems, servers or providers, computer
or mobile phone equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile phone,
or other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service, including
any Mobile Client software. Under no circumstances will the Company be responsible
for any loss or damage, including any loss or damage to any User Content or personal
injury or death, resulting from anyone's use of the Site or the Service, any User
Content or Third Party Applications, Software or Content posted on or through the
Site or the Service or transmitted to Users, or any interactions between users of
the Site, whether online or offline.
THE SITE, THE SERVICE, AND THE SITE CONTENT ARE PROVIDED
"AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES
NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR
ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE,
CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS,
OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE,
YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT
OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR
THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO
YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT
MAY RESULT.
The Company reserves the right to change any and all content, software and other
items used or contained in the Site and any Services and Platform Applications offered
through the Site at any time without notice. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer, supplier
or otherwise does not constitute or imply endorsement, sponsorship or recommendation
thereof, or any affiliation therewith, by Company.
Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Company AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE Company SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Company SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE Company SERVICE.
Termination
The Company may terminate your membership, delete your profile and any content or
information that you have posted on the Site or through any Platform Application
and/or prohibit you from using or accessing the Service or the Site or any Platform
Application (or any portion, aspect or feature of the Service or the Site or any
Platform Application) for any reason, or no reason, at any time in its sole discretion,
with or without notice, including if it believes that you are under 18. When we are notified that a user has died,
we will generally, but are not obligated to, keep the user's account active under
a special memorialized status for a period of time determined by us to allow other
users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the
State of Delaware, without regard to principles of conflict of laws, will govern
these Terms of Use and any
dispute of any sort that might arise between you and the Company or any of our affiliates.
With respect to any disputes or claims not subject to arbitration (as set forth
below), you agree not to commence or prosecute any action in connection therewith
other than in the state and federal courts of California, and you hereby consent
to, and waive all defenses of lack of personal jurisdiction and forum non conveniens
with respect to, venue and jurisdiction in the state and federal courts of California.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorney's fees, arising out of or in connection
with any User Content, any Third Party Applications, Software or Content you post
or share on or through the Site, your use
of the Service or the Site, your conduct in connection with the Service or the Site
or with other users of the Service or the Site, or any violation of this Agreement
or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback
or other information about the Site or the Service, provided by
you to Company are non-confidential and shall become the sole property of Company.
Company shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation
to you.
Definitions and Constructions
Unless otherwise specified, the terms
"includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without
limitation" immediately thereafter.
Terms used in these Terms
with the initial letter(s) capitalized will have the meaning attributed to them
in these Terms.
Other
These Terms of Use constitute
the entire agreement between you and Company regarding the use of the Site and/or
the Service, superseding any prior agreements between you and Company relating to
your use of the Site or the Service. The failure of Company to exercise or enforce
any right or provision of these Terms
of Use shall not constitute a waiver of such right or provision in that or any other
instance. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable from
these Terms of Use and shall
not affect the validity and enforceability of any remaining provisions.