iFish Apps (USA) Legal Information
Terms and Conditions of Use
iFish USA and all affiliated state-specific iFish apps (hereby referred to as "iFish USA") are a licensee of a mobile application that offers a variety of online geo-mapping applications, fishing product, mobile device applications, social networking components--including but not limited to, intra-website message services, picture sharing, discussion forums, community groups- other fishing related products and services, and select promotional offers (collectively, the "Services"). It is not a navigational tool.
(1) AGREEMENT TO IFISH USA TERMS AND CONDITIONS OF USE
Subscribers, customers, users, agents acting on behalf of third party users, or others who download, use, purchase, subscribe, aggregate iFish USA Services (collectively or individually "You" "User" or "Users") must do so under the following iFish USA Terms and Conditions of Use ("Terms and Conditions of Use”).
BEFORE USING ANY OF THE SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE.
BY ACCESSING, BROWSING AND/OR USING THE SERVICES, A USER ACKNOWLEDGES THAT THE USER HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE IFISH USA REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE, INCLUDING ANY FUTURE MODIFICATIONS TO THE IFISH USA TERMS AND CONDITIONS OF USE, AND IDENTIFIED AFFILIATED AGREEMENTS, GUIDELINES AND POLICIES (COLLECTIVELY, THE "AGREEMENT"). A USER IS PROHIBITED FROM USING IFISH USA OR ITS SERVICES WITHOUT CONSENTING TO THE TERMS AND CONDITIONS OF USE.
(2) MODIFICATION OF THE TERMS AND CONDITIONS OF USE
IFISH USA AND ITS SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 13 YEARS OR OLDER. IF A USER IS THIRTEEN (13) YEARS OF AGE OR OLDER BUT UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE, THEN SUCH USER AGREES TO REVIEW THE AGREEMENT WITH HIS OR HER PARENT(S) OR GUARDIAN(S) TO ENSURE THAT BOTH THE USER AND PARENT(S) OR GUARDIAN(S) UNDERSTAND AND CONSENT TO THE AGREEMENT AND THAT THE USER AND HIS OR HER PARENT(S) OR GUARDIAN(S) REVIEW AND ACCEPT THE AGREEMENT ON THE USER'S BEHALF THROUGH THE IFISH USA REGISTRATION PROCESS. IF THE READER OF THE AGREEMENT IS A PARENT OR GUARDIAN ENTERING THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER THIRTEEN (13) YEARS OF AGE, THEN THE USER AGREES AND ACCEPTS FULL RESPONSIBILITY FOR HIS OR HER CHILD'S USE OF IFISH USA AND THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT SUCH CHILD MAY INCUR.
BY USING IFISH USA OR THE SERVICES, A USER THEREFORE AGREES, REPRESENTS AND WARRANTS THAT:
HE OR SHE IS THIRTEEN (13) YEARS OF AGE OR OLDER BUT UNDER THE AGE OF 18 AND HE OR SHE HAS REVIEWED AND CONSENTED TO THE AGREEMENT WITH HIS OR HER PARENTS PER THE PROTOCOL SET FORTH ABOVE; OR
HE OR SHE IS EIGHTEEN (18) YEARS OF AGE OR OLDER; AND HAS CONSENTED TO AND AGREED TO THE AGREEMENT.
THIS AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN USERS AND IFISH USA.ALL USERS ACKNOWLEDGE AND AGREE THAT IFISH USA HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. USERS FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN USERS AND IFISH USA, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE USERS AND IFISH USA. Any User may view a current copy of this agreement at www.iFishUSA.com.
(6) ADDITIONAL GUIDELINES
iFish USA may require Users to follow additional rules, policies, guidelines or other conditions (collectively the "Guidelines") in order to use particular features, to participate in certain promotions available through iFish USA, or to receive and/or use other services that iFish USA may offer from time to time. In such cases, a User may be required to expressly consent to additional terms set forth in applicable Guidelines--for instance, a User might be obligated to check a box or clicking on a button marked, "I agree," (“Click-Through Agreement’). If any of the terms of a Click-Through Agreement are different than the Terms and Conditions of Use, the terms of the Click-Through Agreement will supplement or amend the Terms and Conditions of Use, but only with respect to the matters governed by the Click-Through Agreement.
(7) OWNERSHIP AND PROPRIETARY RIGHTS
The Services are owned or under license by iFish USA. The iFish USA software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Services (collectively, the "Materials") are protected by copyright, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. The Materials are either the property of iFish USA or used under licence. All trademarks, service marks, and trade names displayed on the Services are proprietary to iFish USA. Except as expressly authorized by iFish USA, any and all Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
(8) ACCOUNT INFORMATION
iFish USA may, in its own discretion, suspend or cease to offer the Services to any User. Users agree that the information provided to iFish USA upon registration and at all other times will be true, accurate, current, and complete. Users also agree that they will ensure that this information is kept accurate and up-to-date at all times.
When a User registers as a member and obtains an account, the User will be asked to provide a password. A User should keep that password strictly confidential at all times. A USER MUST NOTIFY IFISH USA IMMEDIATELY OF ANY UNAUTHORIZED USE OF THE USER’S PASSWORD OR IF THE USER BELIEVES THAT PASSWORD IS NO LONGER CONFIDENTIAL. iFish USA reserves the right to suspend a User's account and/or require that such User alter the User’s password if it believes for any reason that such User's password is no longer secure.
(9) PAYMENT TERMS AND CANCELATIONS
A User agrees to pay any fees due for and incurred by their use of the Services that require payment on the part of Users (“Paid Service” or "Paid Services"). iFish USA will administer and apply User payments received for Paid Services via the online billing mechanisms of its affiliated websites in a timely and commercially reasonable manner. Further, iFish USA reserves the right to terminate a User's access to a Paid Service as result of that User's non-payment of associated charges. If a User wants to discontinue utilization of a Paid Service, then the User may cancel that Paid Service in accordance with the cancellation procedures established in the Guidelines pertinent to that Paid Service.
Certain individuals or vendors (collectively "third party vendors") with whom iFish USA maintains a commercial relationship may market their own promotions and services on (or through) iFish USA. To participate in some of those promotions or access some of those services, a User may be required to make payment for the specific service or promotion to the third party vendor that markets that specific service or promotion. iFish USA is not responsible for the administration or application of any User payments required by any third party vendor for any such select services or promotions.
(10) IFISH USA USAGE RULES PROHIBITED CONDUCT & USES
A USER UNDERSTANDS AND HEREBY ACKNOWLEDGES AND WARRANTS THAT THE USER WILL NOT:
- use iFish USA or the Services for any illegal purpose, or in violation of any regulations, conventions, rights, treatise, local, national or international law, including, without limitation, laws governing wildlife and wildlife conservation, intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- use the Services or any personal information or location information displayed on or within iFish USA to "stalk," harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users;
- use the Services or any personal information or location information displayed on iFish USA to intentionally or unintentionally mislead third parties, including iFish USA users;
- use the Service or any personal or location information displayed on iFish USA that intentionally or negligently causes injury to third parties including iFish USA users;
- use the Services to make negative comments regarding any third parties, including but not limited to iFish USA, its agents and Advertisers (defined below);
- use iFish USA or the Services if the User is under the age of thirteen (13) years;
- include offensive or pornographic materials on or in the User iFish USA or through its Services;
- use iFish USA or the Services for any commercial or non-private use, it being understood that iFish USA and the Services are to be employed for personal, non-commercial use only;
- fail to deliver payment for any Paid Services;
- make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of iFish USA. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the iFish USA accounts of other Users;
- share iFish USA account passwords or any other means of access to a mobile account;
- misrepresent the source, identity or content of information transmitted via iFish USA;
- remove, circumvent, disable, damage or otherwise interfere with: (i) the security-related features of iFish USA or the Services; (ii) the features of iFish USA and the Services that prevent or restrict use or copying of any content accessible through the iFish USA; or (iii) the features of iFish USA and the Services that enforce limitations on use of the Services;
- intentionally interfere with, or damage operation of iFish USA or the Services, or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property right of the a third party;
- attempt to gain unauthorized access to iFish USA or the Services, other accounts, computer systems or networks connected to iFish USA, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with the proper working of iFish USA or any activities conducted on iFish USA;
- use any robot, spider, scraper or other automated means to access iFish USA for any purpose without iFish USA 's express written permission or bypass iFish USA 's robot exclusion headers or other measures we may use to prevent or restrict access to iFish USA or modify iFish USA in any manner or form, nor to use modified versions of iFish USA, including (without limitation) for the purpose of obtaining unauthorized access to iFish USA; or
- sell or transfer or allow another person to access his or her account passwords, profiles, or iFish USA accounts.
(10) USAGE; REFUSAL OR SUSPENSION OF SERVICE
IFISH USA RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE IFISH USA'S SYSTEMS MONITOR ANY USER'S REGISTRATION OR SOCIAL NETWORKING ACTIVITIES, AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, IFISH USA ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO IFISH USA, ITS SERVICES, THE PERSONAL AND/OR LOCATION INFORMATION, OR THE PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.
A User is solely responsible for the User’s involvement with other Users. iFish USA reserves the right, but has no obligation, to monitor disagreements between any Users.
iFish USA does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. Users acknowledge that they are solely responsible for all content and material, which is provided to iFish USA.
MOREOVER, IFISH USA RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON WHATSOEVER AND WITHOUT ANY NOTICE.
Certain content displayed on or linked to iFish USA's affiliated websites namely, third party websites and news headlines (collectively "third party web content") is developed by individuals or merchants over whom iFish USA exercises no direct control.
iFish USA does not endorse any third party web content, or the information, material, products, or services associated with third party content.
Furthermore, some Users may find some third party web content to be objectionable, inappropriate, or offensive. iFish USA therefore does not make any express or implied warranties with regard to the nature of the information, material, products, or services that are displayed or linked by any third party web content.
In addition, User contacts or business dealings with, or participation in the promotions of individuals or merchants found on, or linked by any third party web content exist solely and operate independently as between a User and such individuals or merchants. A User therefore agrees that iFish USA shall not be responsible for, or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such third party web content in or on iFish USA or iFishUSA.com
(12) USER CONTENT
- the User is solely responsible for the transmission, accuracy, completeness, and publication of that User Content;
- the User controls all of the rights to that User Content and that it neither does nor will infringe or violate the rights of any third party; and
- iFish USA bears no responsibility, legal or otherwise, for that User Content.
(A) Prohibited User Content
User Content may not contain material that is:
- violates any international, national, local laws, treaties, conventions, regulations, agreement and/or rights including but not limited to wildlife and fishing conservations laws;
- patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group, individual, or entity;
- harasses or advocates harassment of another person;
- exploits any group, individual or entity in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone except said User;
- promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- is in violation of any international, federal, local fishing, wildlife, conservation and/or aboriginal rights, laws, regulations, agreements, conventions or treaties;
- knowingly misleads any third parties including iFish USA users;
- violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufactured-installed copy-protected devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited, violating a person’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from any other iFish USA member;
- involves commercial activities and/or sales without iFish USA's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person posted without that person's consent or, in the case of children under the age of eighteen (18), parental or guardianship consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
(B) User Accounts And User Content
A User is responsible for all User Content posted under the User account (the “Account”) on iFish USA or iFishUSA.com and for adjusting those account settings, specifically User Privacy Settings, that permit the User to display User Content on the Site.
Posting User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to said User Content. iFish USA will make reasonable efforts to prevent User Content from disclosure that exceeds the account settings selected by a User, but iFish USA cannot guarantee that User account settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and iFish USA will not be liable for unintended disclosures.
Upon a User's termination of a User’s Account the User may request that iFish USA completely "purge" the User Account, including the deletion of any and all User Content previously submitted by that User. iFish USA will in turn undertake reasonable efforts to ensure that a User Account and iFish USA is completely purged of User Content, subject to the limitation that iFish USA may not be able to fully delete all User Content, specifically any User Content posted in iFish USA forums, community groups, on other User pages. iFish USA therefore directs that a User exercise good judgment when the User posts User Content and refrain from posting sensitive material.
(C) Ownership Rights In User Content
When a User transmits or otherwise supplies User Content to iFish USA, or otherwise makes User Content available on iFish USA or through iFishUSA.com, the User expressly grants iFish USA a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with iFish USA or the promotion thereof.
In addition, iFish USA obtains a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to create derivative works from User Content, display User Content, in whole or in part, and/or to incorporate User Content in other works in any form, media or technology, and a User agrees that any "moral rights" in that User Content have been waived. Moreover, when a User posts User Content to iFish USA or iFishUSA.com, the User authorizes and directs iFish USA to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content.
The rights held by iFish USA relative to User Content, as delineated above, are, however, subject to the limitation that should iFish USA seek to make use of certain User Content--namely a User's image--for explicit commercial or advertising purposes, iFish USA will make a reasonable effort to secure consent from that User for that specific purpose.
(D) iFish USA Review Of User Content
iFish USA does not actively monitor, review, or edit User Content. Accordingly, by consenting to the Terms and Conditions of Use, a User understands and acknowledges that when the User accesses or otherwise uses iFish USA or select Services, the User may be exposed to User Content from a variety of sources, and that iFish USA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. Further, a User must understand and acknowledge that the User may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and the User agrees to waive, and hereby does waive, any legal or equitable rights or remedies the User may have against iFish USA with respect thereto.
iFish USA, however, reserves the right, in its sole discretion, to refuse to publish, edit, or remove any User Content, in whole or part that iFish USA determines does not comply with these Terms and Conditions of Use; is illegal; or is otherwise undesirable, objectionable, inappropriate or inaccurate. Moreover, iFish USA is not responsible for any decision, absence of any decision, or delay in the revision or removal of any User Content that iFish USA determines is unsuitable.
(E) Non-Commercial Purposes
iFish USA and its Services are made available for your personal, non-commercial use only.
A User may not employ iFish USA or its Services (other than those Services designed specifically for commercial use) to sell a product or service, or to increase traffic to a User or third party web site for commercial reasons, such as advertising sales. A User may not take the results from a iFish USA search and reformat and display them, or mirror the iFish USA home page or results pages on the User’s website. Moreover, a User may not "meta-search" iFish USA.
If a User is interested in adding any data from iFish USA and displaying it on the User’s commercial web site, or the User’s personal web site, the User must notify iFish USA with the URL where the tool will be located. By adding a iFish USA, a User understands and abides by the Terms and Conditions of Use listed herein.
(F) iFish USA Content
iFish USA and the Services contain trademarks, trade names, service marks, copyrighted material concerning fishing and wildlife and other fishing related content, materials, and information owned/licensed by iFish USA and others (collectively " iFish USA Content").
(G) Ownership Of iFish USA Content
iFish USA is the sole owner/licensee of all iFish USA Content including all copyrights, trademarks, trade dress, service marks, and other intellectual property rights. A User may not download, copy, or save any iFish USA Content or any portion of it, for any purpose, except as permitted by select Services (as provided for in the specific Guidelines and Policies relative to those Services), and in the limited cases where a User needs to print a copy of individual screens appearing as part of iFish USA solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these Terms and Conditions of Use and/or certain ancillary Guidelines related to specific Services, a User may not modify, copy, publish, display, transmit, adapt or in any way exploit the iFish USA Content without the prior written permission of iFish USA.
(H) User Content Shall Not Include Automated Querying of Route or User Info
A User may not send automated queries of any sort to iFish USA 's System without express permission in advance from iFish USA. Note that "sending automated queries" includes but is not limited to:
- using any software which sends queries to iFish USA to determine how many saved routes or Users iFish USA has for various queries;
- "meta-searching" iFish USA; and
- performing "offline" searches on iFish USA.
(A) No Warranties
THE SERVICES, INCLUDING THE MOBILE SERVICES, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH IFISH USA ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. IFISH USA, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION IFISH USA'S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
IFISH USA AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION IFISH USA'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IFISH USA OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, IFISH USA, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION IFISH USA'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. A USER (AND NOT IFISH USA OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.
(B) Risk Related Disclaimers
iFish USA is not responsible for any risks that may result from iFish USA’s Services, applications, products, or information a User learns about through iFish USA. The User agrees that the User does so at his or her own personal risk, is voluntarily participating in these activities, assumes all risk of injury to himself or herself, and agrees to release and discharge iFish USA from any and all claims or causes of action, known or unknown, arising out of the User’s use of that iFish USA Service.
Users are urged to always check in advance for adverse or inclement weather conditions before fishing, and to ensure that any marine watercraft is safe, fully equipped with all required safety equipment. A User should comply with the licensing requirements to operate a watercraft and fish in the User’s jurisdiction.
(C) Miscellaneous Disclaimers
iFish USA further disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of any and all information or material provided in connection with, or by the services, any search results generated by or through the services, or displayed and/or presented on its affiliated websites.
iFish USA also disclaims any responsibility for the deletion, failure to store, misdelivery, late, or untimely delivery of any and all information or material, including iFish USA content and user content.
A USER UNDERSTANDS AND AGREES THAT WHEN THE USER DOWNLOADS OR OTHERWISE OBTAINS MATERIAL OR DATA, AT IFISHUSA.com OR THROUGH ITS MOBILE APPLICATIONS, THE USER DOES SO AT THE USER’S OWN DISCRETION AND RISK. Accordingly iFish USA disclaims any responsibility for any harm of whatever kind to a User that results from downloading, accessing or sharing any information or material through iFish USA.
(14) INDEMNIFICATION; HOLD HARMLESS
A User agrees to indemnify, defend, and hold iFish USA, and its suppliers and partners (including, without limitation, iFish USA 's third party wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) the use or misuse of any User's personal information and location information, or the Services generally, (b) use of misuse of any iFish USA Users on account of any personal information or location information provided by the User (c) any violation of the rights of any other person or entity by User, (c) any breach of any international, national, local laws, treaties, conventions, regulations, agreement and/or rights including but not limited to wildlife and fishing conservations laws (e) any fraudulent or misrepresentation by a User (f) a User's employment of the Services to meet another User in-person or to locate and attend any offline place or event; (g) any act that results in its jurisdiction would constitute a criminal activity.
iFish USA reserves the right, at a given User's expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify iFish USA, and said User agrees to cooperate with iFish USA's defense of these claims.
(15) LIMITATION OF LIABILITY AND DAMAGES
A USER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL IFISH USA, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, IFISH USA'S THIRD PARTY WIRELESS CARRIERS) OR SUPPLIERS BE LIABLE TO ANY USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF LIFE, PERSONAL INJURY, TORTIOUS CLAIMS OR ECONOMIC LOSS RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER'S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) A USER'S ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING THE MOBILE SERVICES, OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH IFISH USA OR ANY OTHER USER OF THE SERVICES, EVEN IF IFISH USA OR A IFISH USA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON IFISH USA OR THROUGH THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY IFISH USA, THE AFFILIATED WEBSITES, OR THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON IFISH USA, THE AFFILIATED WEBSITES, THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY IFISH USA, THE AFFILIATE WEBSITES, OR THE SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF IFISH USA OR THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO IFISH USA, ITS AFFILIATED WEBSITES OR THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall iFish USA be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, injuries from wildlife and rough terrain, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, or light.
A USER FURTHER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OF USE, AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO A SPECIFIC USER. SAID USER, HOWEVER, AGREES THAT IFISH USA'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
iFish USA strives to respond to Support requests within forty-eight (48) hours after the request is placed electronically at info@iFishUSA.com or through our feedback support channel.
(17) GOVERNING LAW
The Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without giving effect to any principles of conflicts of law.
A User agrees that any cause of action related to, or arising under the Terms and Conditions of Use must be commenced within one (1) year after said cause of action accrues. Should a User fail to commence any such action within that one (1) year term, such action is permanently barred.
A User agrees that any action at law or in equity arising out of or relating to the Terms and Conditions of Use or the Services shall be filed only in the Province of Alberta, Canada and the User consents and submits exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.
Alternatively, either iFish USA or a User may demand that any dispute or claim between iFish USA and said User concerning matters covered under these Terms and Condition Use or the Services be settled by arbitration. If arbitration is demanded by iFish USA or a User, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the Province of Alberta, Canada, in order to resolve the applicable dispute or claim; provided that the foregoing shall not prevent iFish USA from seeking injunctive relief in a court of competent jurisdiction.
(20) SEVERABILITY AND WAIVER
If any provision of the Terms and Conditions of Use is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions of Use shall not affect the validity and enforceability of any remaining provisions.
Moreover, a provision of the Terms and Conditions of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of the Terms and Conditions of Use shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of the Terms and Conditions of Use shall not be construed as a continuing waiver of other breaches of the same or other provisions of the Terms and Conditions of Use.
iFish USA may provide the User with notices, including those regarding changes to the Terms and Conditions of Use, by email, regular mail, or postings on its affiliated websites. Notice will be deemed given twenty-four (24) hours after email is sent, unless iFish USA is notified that the email address is invalid. Alternatively, iFish USA may provide a User legal notice by mail to a postal address, if said postal address was previously provided by said User to iFish USA or via one of the affiliated websites. In such case, notice will be deemed given three (3) days after the date of mailing. Notices posted by iFish USA on or via the affiliated websites are deemed given and binding thirty (30) days following the initial posting. You agree to check the www.iFishUSA.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site.
The Terms and Conditions of Use (and any related Guidelines and/or Policies), and any rights and licenses granted hereunder, may not be transferred or assigned by a User, but may be assigned or transferred by iFish USA without restriction.
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification contained in the Terms and Conditions of Use, hereby survive any termination of the Terms and Conditions of Use, or any termination of a User's Account or use of iFish USA, the Services, or the affiliated websites.
(24) CHANGES IN SERVICES
iFish USA may modify the Services from time to time, for any reason, and without notice. Additionally, iFish USA maintains a plenary right to terminate the Services for any reason, with or without notice, and without liability to any User or any third party.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions of Use, and shall not be deemed to limit or affect any of the provisions hereof.
(26) ENTIRE AGREEMENT
These Terms and Conditions of Use (and any related Guidelines of the character detailed above) constitute the entirety of the Agreement between iFish USA and the Users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
This agreement was last updated January 14, 2014
The App Door
Edmonton, Alberta Canada
780 466 2535
Or via email to: firstname.lastname@example.org
What information do we collect?
We collect information from you when you register on our site or smart phone app.
When registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or additional demographic information.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
; To personalize your experience
(your information helps us to better respond to your individual needs)
; To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
; To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
; To process transactions
We may share or sell information with third parties for marketing or other purposes without your consent.
; To administer a contest, promotion, survey or other site feature
; To send periodic emails
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information, such as total number of visitors, may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at www.iFishUSA.com/terms
This policy was last modified on December 13, 2011
Edmonton, Alberta T6B2L7