FishingMobile Terms and Conditions
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS STATEMENT OF TERMS AND CONDITIONS (“STATEMENT”). BY USING OR ACCESSING FISHINGMOBILE.COM (THE “WEBSITE”) OR THE FISHINGMOBILE MOBILE APPLICATION (THE “MOBILE APPLICATION”), YOU ARE AGREEING TO THIS STATEMENT.
Terms and Conditions of Use:
1. Limited License; ScopeYou may access and view the content on the Website on your computer, on your mobile device, or on any other device that you are authorized to use and, unless otherwise indicated in this Statement or on the Website or on the Mobile Application, you may make single copies or prints of the content on the Website or the Mobile Application for your personal, internal use only. Use of the Website, the Mobile Application, and the services offered on or through the Website and/or the Mobile Application, are for your personal, noncommercial use only. This license granted to you is limited to a non-transferable license to use the Website and Mobile Application on any device that you own, control, or are authorized to use as permitted by this Statement. This license does not allow you to distribute or make the Mobile Application available over a network where it could be used by multiple mobile devices at the same time.
2. Proprietary Rights in ContentExcept as provided in Section 4.B. below (with respect to user-generated content), as between you and us, we own, solely and exclusively, all rights, title and interest in and to the Website and the Mobile Application, all the content (i.e., audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Website and the Mobile Application, and the format and appearance of the content, code, data and materials on the Website and the Mobile Application, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Website and the Mobile Application does not grant to you ownership of any content, code, data or materials you may access on or through the Website and the Mobile Application.
3. Intellectual PropertyFishingMobile owns and retains all proprietary rights in the Website and the Mobile Application. The Website and Mobile Application contain copyrighted material, trademarks, and other proprietary information belonging to FishingMobile, its affiliates and its licensors. Except for information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Tide data: © Crown Copyright and/or database rights. Reproduced by permission of the Controller of Her Majesty’s Stationery Office and the UK Hydrographic Office (www.ukho.gov.uk).
4. Submitted Materials
A. Copyright PolicyYou may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of FishingMobile to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to FishingMobile by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
B. User Generated ContentYou own all of the content and information you post on FishingMobile, and you can control how it is shared through your privacy settings. In addition:
i. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with FishingMobile (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
ii. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
iii. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of FishingMobile, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. Prohibited UseThe marks and any designs associated with any marks on the website are trademarks and/or service marks of FishingMobile or its licensors. ALL RIGHTS RESERVED. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of the same without the prior written permission of FishingMobile, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners. Any commercial distribution, publishing or exploitation of the Website or the Mobile Application, or any content, code, data or materials that appear on either the Website or the Mobile Application, is strictly prohibited without our prior written consent. Other than as expressly provided herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through either the Website or the Mobile Application. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the content, code, data, or other materials on or available through the Website or the Mobile Application, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website or the Mobile Application. If you make other use of the Website or the Mobile Application, or the content, code, data or materials thereon or available through the Website or the Mobile Application, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, and you will be held strictly accountable for any unauthorized use.
6. User Conduct
- We employ our best efforts to keep FishingMobile safe, but we cannot guarantee it. In order to do that, we need your help, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on FishingMobile.
- You will not solicit login information or access an account belonging to someone else.
- You will not collect users' content or information, or otherwise access FishingMobile, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not bully, intimidate, or harass any user.
- You will not upload viruses or other malicious code.
- You will not use FishingMobile to do anything unlawful, misleading, malicious, or discriminatory.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not do anything that could disable, overburden, or impair the proper working of FishingMobile, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
7. User Information
- FishingMobile members provide their real names and information, and your help is needed to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on FishingMobile, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- If you are under 15 years old, you will sign up as a FishingMobile Jr. Member, rather than a regular FishingMobile member.
- You will not use FishingMobile if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
8. Public ForumsFishingMobile may, from time to time, offer access to message boards, bulletin boards, public forums, blogs, or other similar mediums. In addition to any other rules of conduct that may apply in connection with these services, you agree that you will not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which (i) restrict or inhibit any other user from using and enjoying the Website, the Mobile Application or the services provided through the Website or the Mobile Application, (ii) are fraudulent, illegal, threatening, abusive, hurtful, libelous, defamatory, vulgar, offensive, pornographic, profane, or sexually explicit, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You alone are responsible for the content and consequences of any of your activities.
9. Right to Monitor and Exercise Editorial ControlFishingMobile is not responsible for any content, materials, statements or comments posted to the Website or through the Website or the Mobile Application by users. FishingMobile reserves the right, but does not assume the obligation, in our sole and complete discretion, to determine that content generated or posted by a user is inappropriate, objectionable, or in violation of this Statement or applicable law, and to remove the offending content from the Website. FishingMobile may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the provisions set forth in this Statement or applicable law, or for any other reason without notice or liability. Notwithstanding the foregoing and despite our best efforts, in the course of using the Website and/or the Mobile Application, you may encounter content that may be deemed offensive, indecent, or objectionable. You agree to use the Website and Mobile Application at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
10. Posting Private or Sensitive InformationPlease remember that content, materials, comments and other data that is posted to the Website through either the Website or the Mobile Application may be recorded and stored in multiple places, on the Website and other locations on the Internet, and it is likely that anything you post may be accessible for a long time. Accordingly, you are advised to be careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information.
11. Linking to the WebsiteYou may include a link to the Website from any other website, so long as the link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Website; provided that any such link may not imply any sponsorship of your site by FishingMobile.
12. Safety WarningWeather forecast, tidal chart, and GPS features included with the Mobile Application are offered in order to facilitate your access to information, data and analysis provided by unrelated third parties. FishingMobile cannot be held accountable for the accuracy of such information and any action taken in reliance upon this information is to be taken at your own risk. Not to be used for Navigation.
13. MobilePlease keep in mind that your mobile carrier’s standard rates and fees apply when using the Mobile Application or accessing the Website from your mobile phone or other device. In the event that you change or deactivate your mobile telephone number, you agree to update your account information on FishingMobile in order to ensure that text messages meant for you are not sent to the person who acquires your previous phone number. We make no representation that any of the services and/or functions provided through the Mobile Application are or will be available for use in any particular location. We reserve the right to change, suspend, remove, or disable access to services provided through the Mobile Application at any time without notice. In no event will we be liable for the removal of or disabling of access to any of the services or functions provided through the Mobile Application. We may also impose limits on the use of or access to any one or more of the services or functions provided through the Mobile Application, at any time and without notice or liability.
14. WebsiteWe make no representation that any of the services and/or functions provided through the Website are or will be available for use in any particular location. To the extent you choose to access the Website, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to services provided through the Website at any time without notice. In no event will we be liable for the removal of or disabling of access to any of the services or functions provided through the Website. We may also impose limits on the use of or access to any one or more of the services or functions provided through the Website, at any time and without notice or liability.
15. Third Party WebsitesYou may be able to link from the Website or the Mobile Application to third party web sites and third party web sites may link to the Website (“Linked Sites”). You acknowledge and agree that FishingMobile has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of FishingMobile. Links to Linked Sites do not constitute an endorsement or sponsorship by FishingMobile of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The inclusion of any link to such sites on the Website or the Mobile Application does not imply FishingMobile’s endorsement, sponsorship, or recommendation of that site. FishingMobile disclaims any liability for links (1) from another website to the Website and/or Mobile Application and (2) to another website from the Website and/or the Mobile Application. FishingMobile cannot guarantee the standards of any website to which links are provided nor shall FishingMobile be held responsible for the contents of such sites, or any subsequent links. FishingMobile does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, FishingMobile is not responsible for any form of transmission received from any linked website. Any reliance on the contents of a third party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
16. TrademarksThe Mobile Application is used as a cross-platform and on multiple devices. Our use of all registered trademarks of third parties, as well as their logos, is subject to the permissions of each one of these third parties.
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. iPhone is a trademark of Apple Inc.
Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions.
BlackBerry®, RIM®, Research In Motion®, and related trademarks, names and logos are the property of Research In Motion Limited.
Windows Phone and its logo is a registered trademark of Microsoft Inc.
17. Disclaimer of WarrantiesTHE WEBSITE AND THE MOBILE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE AND/OR THE MOBILE APPLICATION, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND FISHINGMOBILE HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. FISHINGMOBILE DOES NOT WARRANT THAT THE WEBSITE, THE MOBILE APPLICATION OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH EITHER WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. FISHINGMOBILE MAKES NO WARRANTY THAT THE WEBSITE, THE MOBILE APPLICATION OR THE PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE OR THE MOBILE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE AND/OR THE MOBILE APPLICATION. IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR THE MOBILE APPLICATION, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND/OR THE MOBILE APPLICATION. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE AND THE MOBILE APPLICATION IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED, AT ANY TIME, AND WITHOUT ANY PRIOR WARNING. FISHINGMOBILE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE SELLER.
18. Limitation of LiabilityIN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FISHINGMOBILE, IT’S SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, OR OTHER PARTNERS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE MOBILE APPLICATION, EVEN IF FISHINGMOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FISHINGMOBILE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO FISHINGMOBILE FOR MEMBERSHIP DURING THE PERIOD IN WHICH THE CLAIM ARISES.
19. IndemnificationYou agree to indemnify and hold harmless FishingMobile, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or the Mobile Application in violation of this Statement and/or arising from a breach of this Statement and/or any breach of your provisions set forth above.
20. Governing Law; Jurisdiction; VenueThis Statement shall be governed by and construed in accordance with the laws of the State of Michigan. You agree that any cause of action that may arise in connection with this Statement, or the use of the Website and/or Mobile Application, shall be tried and litigated only in the courts of the County of Oakland, State of Michigan or of the United States for the Eastern District of Michigan. You accept for yourself and in respect of your property, generally and unconditionally, the jurisdiction of such courts.
21. TerminationThis Statement is effective until terminated by FishingMobile, at any time without notice. We may terminate, change, suspend or discontinue any feature of the Website or the Mobile Application at any time. We may restrict, suspend or terminate your access to the Website and/or the Mobile Application if we believe, in our sole discretion, that you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
22. Changes to Terms and ConditionsFishingMobile reserves the right to change, modify or amend this Statement, in whole or in part, at any time, for any reason. Changes will be effective when posted. Your continued use of the Website and/or the Mobile Application following any such changes will be deemed an acceptance by you of those changes.
23. MiscellaneousIf any provision of this Statement is held to be invalid or unenforceable, the remainder of this Statement shall not be affected thereby and such invalid or unenforceable provision shall be reformed so that it is valid and enforceable to the fullest extent permitted by law. Any rights not expressly granted herein are reserved. FishingMobile’s failure to enforce any right set forth under this Statement will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
Community Feature guidelines:
ForumDo not double post (post consecutively in a topic) on the forum unless…
- You have new information to add after several days since your previous post was made
- You are bumping a topic after several days of no replies
- You are quoting various posts, and feel the need to do so in separate posts
Do not complain in-topic about the subject being too far off-topic or otherwise breaking rules. Use the 'report post' feature to alert a member of staff instead. Leave it to staff to establish what is and is not acceptable posting.
SignaturesImages in your signature should not exceed 50k in size, 468 pixels wide, or 110 pixels tall. For a guideline, this is about five lines of standard-sized text space. Text in your signature should also not exceed more than 5 lines of normal-sized text space.
Remember that a big signature is not always a good signature. Keep it nice and simple.