Fishmedia Corp. and its affiliates (collectively, the “Company”) provide service to you subject to the following Terms of Service, which may be updated by the Company from time to time without prior notice to you. Your use of Fishmedia Corp. Site (as defined below) constitutes your agreement to these Terms of Service. The right to use Fishmedia Corp. Site, or any product or service offered by the Company, is personal to you and is not transferable to any other person or entity. The Company may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
“Fishmedia Corp. Sites” shall mean all areas and any subscription or other paid products and services offered or operated by the Company on the World Wide Web or via any other electronic delivery mechanism. Fishmedia Corp. Sites consist of information services and content provided by the Company, affiliates of the Company and third parties. The term “Community Areas” means the Facebook Wall Posts, content sharing, and other user participatory areas on Fishmedia Corp. Site, and areas dedicated to Fishmedia Corp. products and services on third-party sites, such as Facebook and Twitter. Your use of Fishmedia Corp. areas on third-party sites, while subject to these Terms, is also subject to any terms and conditions imposed by those sites.
The Company shall have the right at any time to change or discontinue any aspect or feature of the Company Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use, without prior notice to you.
3. Use of Fishmedia Corp. Sites and the Community Areas.
a. The Community Areas may be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You may not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that any material you upload or contribute is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. No user may engage in conduct that, in the Company’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may not be posted on or transmitted through the Community Areas without the Company’s express written approval.
b. Fishmedia Corp. Site and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of Fishmedia Corp. Sites are copyrighted as a collective work under the United States copyright laws. The Company is the owner of the copyright in Fishmedia Corp. Site. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, modify, adapt, publish, display or commercially exploit any material from Fishmedia Corp. Site without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of material from Fishmedia Corp. Site, no changes in or deletion of author attribution, trademark, legend, or copyright notice are permitted.
c. You hereby grant to the Company and its affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to the Company (in whole or in part), and/or to incorporate them in other works in any form, media or technology now known or later developed.
d. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company considers to be offensive.
e. You shall provide the Company with accurate, complete and updated information at the time of registration.
f. You shall not engage in any activity which is contrary to or would adversely affect the purpose or intention of Fishmedia Corp. Site including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Sites. services, in whole or in part, by, among other methods, registering multiple accounts under the same or different names.
g. Fishmedia Corp. Site contains links to other web sites, resources and advertisers. The Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external sites administrator or webmaster.
h. You shall be responsible for obtaining and maintaining all telecommunications, computer hardware and other equipment needed for access to and use of Fishmedia Corp. Site and Community Areas, and all charges related thereto.
i. The foregoing provisions of this Section are for the benefit of the Company, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
j. The Company has carefully designed Fishmedia Corp. Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of Fishmedia Corp. Site in any way that interferes with that purpose. In particular, the Company prohibits any party from displaying the content on the Company Sites in any format where third party advertising or other materials which the Company did not authorize are viewed or viewable together with the Company’s proprietary content.
l. You acknowledge and agree that your submitting Postings to this Web Site does not create any new or alter any existing relationship between you and Fishmedia Corp.
m. If you have submitted a photo to your profile on TheFisherman.com you agree that this photo may be included in the Interactive Areas, including with your Postings. If you have not submitted a photo then Fishmedia Corp. may, but is not obligated to, display a stock photo or legal image with your Postings. You hereby consent to the use of such stock photos or images in the Interactive Areas.
n. By submitting Postings to this Web Site, you acknowledge and agree that Fishmedia Corp. may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against Fishmedia Corp. for any alleged or actual infringement or misappropriation of any proprietary or other right in the Postings you provide to Fishmedia Corp.
p. No Solicitation. You shall not distribute on or through this Web Site any Postings containing any advertising, promotion, solicitation for goods, services or solicitation for others to become members of any enterprise or organization without the express written permission of Fishmedia Corp. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address and email address, your own web site’s URL and b) may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
q. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Fishmedia Corp. will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
r. Registration. Certain sections of this Web Site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Fishmedia Corp. of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Fishmedia Corp. does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Fishmedia Corp. immediately by emailing firstname.lastname@example.org.
s. Postings in all interactive areas of the site to be Lawful. If you participate in Interactive Areas on this Web Site, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Fishmedia Corp. may delete your Postings at any time for any reason without permission from you.
u. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in any of the Interactive Areas allows you to create a screen name, you may also select and use an appropriate screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Areas. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
v. Postings shall not contain protected health information. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Accountability and Portability Protection Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH).
w. Non-Commercial Use only of Interactive Areas. Interactive Areas are provided solely for your personal use and that of our advertising partners. Any unauthorized use of the Interactive Areas of this Web Site, its Content, or Postings is expressly prohibited unless permissions granted by Fishmedia Corp.
x. Errors and Corrections. Fishmedia Corp. does not represent or warrant that this Web Site or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Fishmedia Corp. does not warrant or represent that the Content or Postings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Fishmedia Corp. may make improvements and/or changes to its features, functionality or Content or Postings at any time.
y. Third Party Content. Third party content (including, without limitation, Postings) may appear on this Web Site or may be accessible via links from this Web Site. Fishmedia Corp. shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Fishmedia Corp. Further, information and opinions provided by employees and agents of Fishmedia Corp. in Interactive Areas are not necessarily endorsed by Fishmedia Corp. and do not necessarily represent the beliefs and opinions of Fishmedia Corp.
z. Event Announcements on this website. We welcome announcements of not-for-profit shows and events here. Events that are for profit are not permissible without written consent of Fishmedia Corp.
4. Posting Guidelines
a. Your Post – The purpose of Posting in TheFisherman.com‘s Public Fishing Report section or on Facebook is limited to sharing the details of an actual fishing experience of yours. We encourage post to be highly detailed with specific fishing information including the following elements: time of day, stage of tide, location, name of angler, name of boat, type of bait, fish type, fish size, number of fish caught, type of technique used to catch fish, type of bait, lure type, color and size, profile of your gear, terminal tackle, clarity of water, weather conditions, wind speed, water temperature, moon phase, water depth, type of structure, current speed.
b. Post photos – Images uploaded for your post should include your fish and ideally the angler and or crew. Anything offensive such as sayings on your apparel or anywhere else, hand gestures, or deemed inappropriate will not be uploaded.
c. Videos will be reviewed closely for inappropriate content and may require additional time for approval.
b. Comments – Comments from any registered user are limited to topic of your original post. Comments should volunteer a similar experience with a similar amount of details as the required by the Post originator. Photos and video will follow guidelines from 4.a. and 4.b.
c. Not all posts will be included. We maintain full authority to determined if your post is suitable for being included in our Public Fishing Report section and can decline a post for any reason. All posts are pre-screened prior to being approved and Fishmedia Corp is under no obligation to post your report. The post approval process is conducted within no minimum period of time and may take as long as we deem necessary to approve or decline.
The Company shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by the Company from time to time. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas that the Company, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of the Company, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither the Company nor any of its affiliates shall assume or have any liability for any action or inaction by the Company with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
6. Disclaimer of Warranty; Limitation of Liability.
a. YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE COMPANY SITES IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE COMPANY SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.
b. THE COMPANY SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
c. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
d. IN NO EVENT WILL THE COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE COMPANY SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE COMPANY SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE COMPANY SITES AND/OR THE COMMUNITY AREAS. THE COMPANY’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY.
e. THE COMPANY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE COMPANY SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED COMPANY EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE COMPANY SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE COMPANY SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
f. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE COMPANY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE COMPANY MAKES PRODUCTS OR SERVICES AVAILABLE ON THE COMPANY SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
g. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER THE COMPANY NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER THE COMPANY NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE COMPANY SITES SHALL BE CONSTRUED AS INVESTMENT ADVICE. THE COMPANY IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
You agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys fees, arising out of the use by you of Fishmedia Corp. Site and/or the Community Areas.
The Company shall have the right to terminate your right to use Fishmedia Corp. Site or the Community Areas if the Company, in its sole discretion, considers you to be engaged in unacceptable conduct, or in the event of your breach of this Agreement.
All trademarks appearing on Fishmedia Corp. Site are the property of their respective owners, including trademarks owned by the Company.
10. Subscription Services.
The Company makes available to users certain online subscription services, email communication and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any paid subscription service or services offered by the Company on Fishmedia Corp. Site (the “Subscription”):
a. Subscription Terms. The Subscription will continue for the subscription plan period you purchase or until the Company receives written notification of termination from you. At point of purchase You authorize the Company to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you subscribe for a term of one (1) year or more, the Company will attempt to notified you before to the expiration of your subscription to offer the opportunity to renewal your subscription. You may renew your subscription anytime prior to the expiration of your current subscription to extend the expiration date. We do not store any credit card information. If you accepted an offer that included a free trial period, no purchase or credit card information is required. If you ordered in response to a free trial period offer, you will be contacted prior to the expiration of the trial for the opportunity to purchase a subscription plan. A trial subscription only provides limited access to the premium online content. It also does not include home delivery of the printed magazine.
b. Modification of Terms. The Company shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective thirty (30) days after notice thereof, which may be given by means including, but not limited to, posting on Fishmedia Corp. Site a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in Subsection (c) below. Any use of the Subscription by you after the change in terms is effective shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
c. Termination. Either you or the Company may terminate the Subscription Agreement at any time. Your only remedy with respect to any dissatisfaction with the terms of the Subscription to content available through the Subscription, or the amount or type of fees or billing methods, is to terminate this Agreement by sending notice to the Company at the customer service email address found under “Contact Us” and “For questions regarding your subscription.” Notice of termination will be effective upon receipt by the Company. In the event that your account is terminated or canceled, no refund of any fees for services already provided, including a monthly membership fee, will be granted.
11. Additional Terms for Participating in TheFisherman.com
a. You agree that your participation is as an unpaid, volunteer, and that the purpose of such participation is to provide public education, valuable information from other companies and reports regarding fishing.
b. Your name will be associated with each of your Postings on TheFisherman.com. Each question and corresponding Response may be archived and searchable on TheFisherman.com and in other site searches associated with TheFisherman.com and Provider’s media outlets. Visitors currently have the ability to view these archives, but such public access to the archives is not guaranteed. Provider, at its discretion, may associate your name with your archived Responses; however Provider is not required to do so.
c. Assumption of Risk. You assume all liability for any claims, suits or grievances filed against you, including all damages related to your participation in any of the Interactive Areas.
This Agreement and any operating rules for Fishmedia Corp. Site and the Community Areas established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
ACCOUNT HOLDERS WHO POST MATERIAL DEPICTING VIOLENCE, PORNOGRAPHY, CRUELTY, OR CRIMINAL CONDUCT WILL HAVE THEIR ACCOUNTS TERMINATED IMMEDIATELY, WITHOUT NOTICE. IF ANY OF THE MATERIAL VIOLATES ANY STATE OR FEDERAL LAWS, THE ACCOUNT HOLDER WILL BE REPORTED TO THE PROPER AUTHORITIES.
If you believe that any material posted on any Fishmedia Corp. Site violates your copyright, trademark or other intellectual property rights, please e-mail email@example.com.