TERMS & CONDITIONS

Last modified: 4/19/2016

By accessing or using the FishAngler Service, including the FishAngler website, FishAngler widgets, buttons, or any applications (including mobile applications), Web API, email notifications, and advertisements made available by FishAngler (collectively, the “Service“) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the foregoing (collectively, the “Content”), however accessed, you agree to be bound by these terms and conditions governing your use of the Service (“Terms of Service“). The Service is owned or controlled by FishAngler, LLC, a Florida limited liability company (“FishAngler”, “we” or “us“).

These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the Service.

  1. Basic Terms

Who Can Use This Service

You may use the Service only if you can form a binding contract with us and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You will not use this Service if you are a convicted sex offender. You may use the Service only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations.

The Service is offered and available to users who are 13 years of age or older.  If you are between 13 and 16 years of age, you must also have your legal guardian review and approve these Terms of Service. If you do not meet these requirements, you must not access or use the Service.

Accessing the Service

We reserve the right to withdraw or amend this Service, and any service or material we provide on the Service, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

To access the Service or some of the resources it offers, you must provide your name and certain other registration details or other information.  You may not create more than one personal account. Your personal account information must be correct, current and complete. You will not provide false personal information on your account, or create an account for anyone else without their permission.

You agree that all information you provide to register with this Service is governed by our Privacy Policy, http://www.fishangler.com/legal/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You may not prevent or restrict another user from using or enjoying the Service. You will not solicit, collect or use the login credentials of other Service users.

We have the right to reclaim or disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.  If we disable your account, you will not create another one without our permission.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.

Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. We may post notices of revisions to the Terms of Service, but you cannot rely on our notifying you of changes. You must, and are expected to, check the posted Terms of Services from time to time so you are aware of any changes, as they are binding on you.

  1. Content on the Service

Sharing Content

The Service may contain messaging, chat, personal pages or profiles, forums, bulletin boards, geo-location tracking, and other interactive features in addition to social networking features that allow users to post, submit, publish, display or transmit to other users or other persons (collectively, “post” or “share”) Content on or through the Service (“Contributions”).

When posting Contributions:

You acknowledge that you own or control all of the Contributions you post on our Service, and you can control how it is shared through your privacy settings.

For Contributions covered by intellectual property rights, such as photos and videos, you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that contains intellectual property that you post on or in connection with the Service. You grant this license to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. This permission will continue even after we terminate your account pursuant to Section 9.2 .

You acknowledge that all of your Contributions comply with these Terms of Service.

You are responsible for any Contributions you submit or contribute, and you, not us, have full responsibility for such Contributions, including its legality, reliability, accuracy and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Contributions posted by you or any other user of the Service.

When you publish Content or information using a public setting, it means that you are allowing everyone, including people not associated with the Service, to access and use that information, and to associate it with you (i.e., your name and profile picture).

When you delete Content that contains intellectual property, it is deleted in a manner similar to emptying the recycle bin on a computer. You acknowledge and understand that such deleted content may persist in backup copies or in the Content of others.

When you use an application through the Service, the application may ask for your permission to access your Content and information as well as content and information that others have shared with you.  Your agreement with that application will control how the application can use, store, and transfer that Content and information.

You will not post Content or take any action on or using the Service that infringes or violates someone else’s rights or otherwise violates the law.

We always appreciate your feedback or other suggestions about FishAngler, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them). You grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

Content Standards

These content standards apply to any and all Contributions and use of Interactive Services. Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Contributions must not:

contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy, http://www.fishangler.com/legal/privacy;

be likely to deceive any person;

promote any illegal activity, or advocate, promote or assist any unlawful act;

cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

impersonate any person, or misrepresent your identity or affiliation with any person or organization;

involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Advertisements and Other Commercial Content

We provide advertising and other commercial or sponsored content that we believe may be of interest or of value to our users as a part of the Service. In order to help us do that, you agree to permit us to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) provided on the Service. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your Content or information, without any compensation to you. If you have selected a specific audience for your Content or information, we will respect your choice when we use it.

We do not give your Content or information to advertisers without your consent.

You understand that we may not always identify paid services and communications as such.

  1. Privacy

Privacy Policy

The Service is a social network designed to share information among FishAngler users.  We collect Content and other information you provide when you use our Service.  This can include information such as the creation of your account, the content of your posts and messages, when and how you use the Service, and the date and location of a photo or post.

Please review our Privacy Policy, http://www.fishangler.com/legal/privacy, for important disclosures about how you can use the Service to share information with others and how we collect and can use your content and information. Your privacy is very important to us, and we encourage you to read the Privacy Policy and to use it to help you make informed decisions as you use the Service.

Information About You and Your Visits to the Service

All information we collect on this Service is subject to our Privacy Policy, http://www.fishangler.com/legal/privacy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. FishAngler Service Rules

Account Security

If you choose, or are provided with, a user name, password (or in the case of developers, a security key) or any other piece of information as part of our security procedures, you acknowledge that your account is personal to you. You will be responsible for the activity on your account. You will not provide any other person with access to this Service or portions of it using your user name, password or other security information. You may not lend, license, sell or transfer your account to anyone without first obtaining our written permission, which we may provide in our sole discretion.

You will not share your password or security key with anyone else, permit another person to access your account, or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

You will keep your contact information accurate and up-to-date.

General Use

The FishAngler Service is provided for private and personal use to save, track, and share information from and for anglers and other marine-minded enthusiasts.

  1. You will not change, modify, adapt or alter the Service, or change, modify or alter another website or application to falsely imply that it is associated with the Service or FishAngler.
  2. You will not use the Service for any illegal or unauthorized purpose.  You must comply with all laws, rules, and regulations that are applicable to your use of the Service and your Content, including copyright laws.
  3. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
  4. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from the Service, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:

in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries);

for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in Section 2.2 these Terms of Service;

to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

to impersonate or attempt to impersonate FishAngler, a FishAngler employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);

to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm FishAngler or users of the Service or expose them to liability.

Additionally, you agree not to:

  1. use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service;
  2. use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service, without our prior written consent;
  3. use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;
  4. use any device, software or routine that interferes with the proper working of the Service;
  5. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  6. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service;
  7. attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or
  8. otherwise attempt to interfere with the proper working of the Service.

Linking to the Service and Social Media Features

You may link to our Service homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Service provides social media features that enable you to share content from this Service with others. You may use these features in accordance with any additional terms and conditions we provide with respect to such features.

You agree to cooperate with us to remove any links, content, codes, or features as permitted by these Terms of Service.

We may disable all or any social media features and any links at any time without notice in our discretion.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services, or information formed through the Service or as a result of visits made by you are governed by the applicable terms of sale, which are hereby incorporated into these Terms of Service.

Additional terms and conditions may also apply to specific portions, services or features of the Service. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

  1. Safety

To keep our Service safe for everyone means we need everyone, including you, to help to keep it safe.

You will not upload viruses or other malicious code.

You will not bully, intimidate, defame, stalk, impersonate, or harass any user.

You will not post Content that is threatening, incites or encourages violence, contains gratuitous or graphic violence; is pornographic or sexually suggestive, contains nudity or partial nudity; is unlawful, discriminatory, infringing, or that is hate speech.

You will not post Content that is the private or confidential information of others, including credit card information, social security or identity numbers, non-public phone numbers or non-public email addresses.

You will not interfere or disrupt the Service, or servers or networks connected to the Service, including by use of any device, false information, service overload, or worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature.

You must not inject Content, code, or otherwise alter or interfere with the way any Service content or page is rendered or displayed in a user’s browser or device.

  1. Maps

Maps displayed on the Service (“Maps”) are not intended for navigation. Map information may not be suitable for any or all of your intended purposes, including creating images, print-outs, or digital reproduction.

Subject to these Terms of Service, the Service includes a non-exclusive, non-transferable license to use Maps provided in the Service, including features that allow you to view and annotate maps, publicly display content with proper attribution online, in video, and in print; and do other things as specifically permitted on the Map page.

Maps and mapping data may not be shared, reproduced, stored, distributed, or used in any manner without our express written consent. Specifically, you will not (or allow those acting on your behalf to):

redistribute or sell any part of the Maps or create a new product or service based on Maps;

copy the Map content (unless you are otherwise permitted to do so by the Map page or applicable intellectual property law, including “fair use”);

mass download or create bulk feeds of the Map content;

use Maps to create or augment any other mapping-related dataset (including a mapping or navigation dataset, business listings database, mailing list, or telemarketing list) for use in a service that is a substitute for, or a substantially similar service to, the Service;

use any part of the Maps with others’ products or services for or in connection with real-time navigation or autonomous vehicle control;

reverse engineer or attempt to extract the source code from the Maps or any related software, except to the extent that this restriction is expressly prohibited by applicable law;

remove, obscure, or alter any terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices; or

do anything inappropriate, illegal, or in violation of others’ rights, including their privacy, publicity, and intellectual property rights.

When you use Map data, directions, and other Content, you may find that actual conditions differ from the Map results and content.  You must exercise your independent judgment. Your use of Maps on the Service is at your own risk. You are responsible at all times for your conduct and its consequences.

  1. Intellectual Property

Intellectual Property Rights

The Service and its entire Content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by FishAngler, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as follows:

Your computer may temporarily store copies of such materials in your device incidental to your accessing and viewing those materials.

You may print one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features with certain Content, you may take such actions as are enabled by such features.

You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

The Service is provided under these Terms of Service for your personal use. You must contact us before you access or use for any commercial purposes any part of the Service or any services or materials available through the Service for other terms of agreement for such use.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Service, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You own all the content you post or store to the Service. No title or interest in or to the Service or any other content on the Service is transferred to you, however, and all rights not expressly granted or permitted by these Terms of Service are reserved by us.

Trademarks

Our company name and the term “FishAngler”, and all related names, logos, product and service names, designs and slogans are trademarks of FishAngler or its affiliates or licensors. No license to use such trademarks apart from the Service is granted to you. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.

Copyright Policy

If you believe that any Contribution violates your copyright, please see our Copyright Policy, http://www.fishangler.com/legal/copyright, for instructions on sending us a notice of copyright infringement.  It is FishAngler’s policy to terminate the user accounts of repeat infringers.

 

  1. Data Charges and Mobile Phones

We currently provide our Service to users without charge, but if you are using a mobile device to access the Service, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. You are responsible for the carrier and internet service and systems used to access the Service.

  1. Termination

Monitoring and Enforcement

We have the right to:

remove or refuse to post any Contribution for any or no reason in our sole discretion;

take any action with respect to any Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Contribution violates the Terms of Service, including Section 2.2’s Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for FishAngler;

disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; or

terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE ANY CLAIMS AGAINST AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY PARTY DURING OR AS A RESULT OF OUR COOPERATION WITH LAW ENFORCEMENT AUTHORITIES OR COURT ORDER.

We do not undertake to review a Contribution before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility for performance or nonperformance of the activities described in this section.

We may close a user’s account upon receipt of notice that such User is deceased from such User’s next of kin, attorney, law enforcement, or other appropriate legal request to do so.

Termination of Your Account

You may discontinue your use of the Service at any time for any or no reason. You do not need to specifically inform us when you stop using the Service; however, we may terminate your account and delete any or all of your account information and Content, in our sole discretion, after twelve (12) months of account inactivity.

We may suspend or terminate your account or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service or the Privacy Policy, http://www.fishangler.com/legal/privacy, (ii) you create risk or possible legal exposure for us; (iii) your account has been inactive for twelve (12) or more months; or (iii) at our sole discretion. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

The Terms will continue to apply until terminated by FishAngler.

  1. Disclaimers of Warranty

The Service is Available “As Is”

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

No Warranties

You understand that we cannot and do not guarantee or warrant that the Service and any downloadable Content or other material from the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Reliance on Information Posted

Although we strive to provide complete, correct, and useful information for our FishAngler community through the Service, the information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

This Service may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FishAngler. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links from the Service

If the Service contains links to other sites, applications and resources provided by third parties, including links contained in advertisements, including banner advertisements and sponsored links, we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such services.

  1. Limitations of Liability; Indemnification

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless FishAngler, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your Contributions, any use of the Service’s Content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

  1. Disputes

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

You agree that any lawsuit, legal action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the County of Broward, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At FishAngler’s sole discretion, we may require you to submit any disputes arising from the use of these Terms of Service or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. General Terms

Changes to the Service

We may update the Content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

Geographic Restrictions

The owner of the Service is based in the state of Florida in the United States. We make no claims that the Service or any of its Content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Special Features

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Service. In those cases, the terms specific to the special feature will control to the extent there is a conflict with these Terms of Service.

Waiver and Severability

No waiver of by FishAngler of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FishAngler to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

The Terms of Service, Privacy Policy, and Copyright Policy constitute the sole and entire agreement between you and FishAngler, LLC with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

Your Comments and Concerns

This Service is operated by FishAngler, LLC, 800 Corporate Drive, Suite 305, Fort Lauderdale, FL 33334, United States.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, http://www.fishangler.com/legal/copyright, in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: support_report@fishangler.com.