FishWithMe.net Web Site Terms and Conditions of Use
Please read these terms and conditions of use carefully before using this site.Go to top of page
1. License and Restrictions.Go to top of page
1.1 Grant of License.
By offering this Web site for use, Fishwithme provides you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the Services (expressly excluding any services or software offered on the Web site for which a subscription is required and for which you currently do not subscribe), strictly subject to and in accordance with these Terms and Conditions. Except for the limited license set forth in these Terms and Conditions, Fishwithme does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, trade secrets, or other proprietary or intellectual property rights.
1.2 Usage Restrictions. By using the Services, you agree that:
1.2.1 You shall not provide any incorrect or misleading personal information in connection with your use of the Services;
1.2.2 You shall not create more than 1 user account in connection with your use of the Services;
1.2.3 You are not a Registered Sex Offender;
1.2.4 You are at least 18 years of age;
1.2.5 You will report any User to Fishwithme any User who you reasonably believe to be under 18 years of age;
1.2.6 You shall not use the Services for your own commercial or personal gain, without the prior and express written consent of Fishwithme;
1.2.7 You shall not do anything to threaten the security of your account;
1.2.8 You shall not post any identification documents in connection with your use of the Services;
1.2.9 You shall not post identifying financial information in connection with your use of the Services;
1.2.10 You agree to indemnify and hold harmless Fishwithme and its officers, directors, and agents from any injuries or harm, physical or mental, suffered by You or any guests in connection with your use of the Services;
1.2.11 You agree that Fishwithme and the Services it offers operate solely as a social-networking site and Fishwithme has not undertaken, and will not undertake, to confirm representations made by the users of the Services, nor Fishwithme representing, guaranteeing, or warranting any particular experience or quality of experience in connection with your use of the Services;
1.2.12 If you use the Services to make a payment of any sort, you agree to Fishwithme's Payment Terms and Conditions;
1.2.13 You shall not post or share content that is alcohol, pornographic, hate speech, or graphic violence related in connection with your use of the Services;
1.2.14 You shall update your account and contact information in connection with your use of the Services within Sixty (60) hours of any change in said account or contact information;
1.2.15 You shall not use, intentionally or unintentionally, any of the Services in a manner contrary to or in violation of any applicable international, federal, state, or local law, rule or regulation having the force of law, including, but not limited to, the CAN SPAM Act, HIPAA, and any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
1.2.16 You shall not use the Services in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for the Services;
1.2.17 You shall not interfere with any other party's use and enjoyment of the Services;
1.2.18 You shall not forge headers or otherwise manipulate identifiers in order to disguise or alter the origin of any content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
1.2.19 You shall not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
1.2.20 You shall not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
1.2.21 You shall not attempt to gain unauthorized access to any Services, other software, accounts, computer systems, or networks connected to any server used for the Services, through password mining, hacking, or any other means;
1.2.22 You shall not seek to gain access to any Services, materials, or other information through any means not intentionally made available by Fishwithme;
1.2.23 You shall not use, reproduce, duplicate, copy, download, sell, resell, or otherwise exploit the Services, or any portion thereof, for commercial or for-profit purposes without Fishwithme's prior written consent;
1.2.24 You shall not use any framing techniques to enclose any portion of the Services (including, but not limited to, images, text, page layout, and form) without Fishwithme's prior written consent;
1.2.25 You shall not make any use of the trademarks, service marks, trade names, logos, and graphics used in connection with the Services without Fishwithme's prior written consent;
1.2.26 You shall not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users of the Services;
1.2.27 You shall not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Services or any content or information offered in connection with the Services without Fishwithme's prior written consent;
1.2.28 You shall not collect any email addresses made available on this site for purposes of promotions or marketing campaigns of any kind;
1.2.29 You shall not distribute, on or through the Services, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization without Fishwithme's prior written permission;
1.2.30 You shall not remove, decompile, disassemble, reverse engineer, or create compilations or derivative works of the Services or any portion thereof; and
1.2.31 You shall not use the Services if you are located in a country listed on the United State Treasury's list of Specially Designated Nationals or are located in a country which is otherwise under embargo by the United States of America.
1.3 Right to Modify or Discontinue Services.
Fishwithme reserves the right at any time and from time to time to modify or discontinue the availability of, temporarily or permanently, the Services (or any part thereof) with or without notice. Fishwithme's rights under this Section 1.3 include, but are not limited to, the right to temporarily discontinue the availability of the Software on any day between the hours of midnight and 6:00 a.m. Central Time in order to implement maintenance and upgrades to the Services. You agree that Fishwithme shall not be liable to You or to any third party for any modification, suspension or discontinuance of the availability of the Services.
2. Ownership of Patents, Copyrights, Trademarks, and Content.Go to top of page
2.1 The technology and Services provided by Fishwithme are the property of Fishwithme and/or its various third-party providers and distributors and are protected by United States and international patent, copyright, trademark, trade secret and other intellectual property laws. Fishwithme and its licensors retain all proprietary rights to the technology and the Services. Unauthorized use of the technology or the Services may violate applicable patent, copyright, trademark, trade secret, or other intellectual property laws or other laws. Any content cached or otherwise retained by you must include all patent, copyright, and trademark notices and other proprietary notices contained in such content or in connection with the Services.
2.2 Other than name, email, zip code, and age, you control what information is shared with other users through Fishwithme's privacy settings. Any content that you create, post, or share through the Services remains your property. However, you grant Fishwithme a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any information or content which you submit, post or display on or through or in connection with the Services. When you use the Services or application, your content and information is shared with the application or the specific Service. We require third-party applications to respect your privacy, and your agreement with that third-party application will control how the third-party application can use, store, and transfer that content and information. When you create, post, or share content or information using the "public" or "all" settings, it means that you are allowing anyone, including people without accounts through the Services, to access and use that information, and to associate it with you (i.e., your name, email address, and zip code).
2.3 "Share" Buttons or Links. If you include our "Share" button on your website or personal page other than on Fishwithme, Fishwithme grants you permission to use Fishwithme.net's "Share" button so that Users can post links or content from your website on Fishwithme.net. In kind, You grant us permission to use and allow others to use such "Share" buttons and content on Fishwithme.net that you post elsewhere.
3. Authorized User, Age, and Responsibility.Go to top of page
You represent that you are an authorized user of the Services, have rights to access the Services, are at least 18 years of age and have otherwise sufficient legal capacity to use the Services and to create binding legal obligations for any liability you may incur as a result of the use of the Services. You understand that you are financially responsible for all uses of the Services by you and, where applicable, those using your login information and password.
4. Privacy.Go to top of page
5. Termination.Go to top of page
The license granted pursuant to these Terms and Conditions may be terminated by you at any time by discontinuing use of the Services and by destroying all copies of downloaded or cached materials in your possession or control. Fishwithme reserves the right to terminate this license at any time and for any reason. Your failure to comply with these Terms and Conditions will result in automatic termination of this license, without prior notice, and you must immediately destroy all copies of downloaded or cached materials in your possession or control.
6. Exclusion of Warranty.Go to top of page
6.1 Fishwithme and any third-party providers, vendors, and distributors make no warranty of any kind regarding the services and/or any content provided to you, all of which are provided on an "as is" and "as available" basis. Fishwithme and any third-party providers, vendors, and distributors do not warrant the accuracy, completeness, currency or reliability of any of the services or any other content or data found on this site and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
6.2 Furthermore, Fishwithme and you agree to waive California Civil Code §1542, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
7. Limitation of Liability.Go to top of page
Fishwithme assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of the services, browsing in this site or your downloading of any content, data, text, images, video, audio or other material from the site or through the services. In no event shall fishwithme or any third-party providers, vendors, or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the services or other content found on this site, (ii) any failure or delay, or (iii) the performance or non-performance by fishwithme or any third-party providers, vendors, or distributors, even if such party has been advised of the possibility of damages to such parties or any other party.
8. Indemnification.Go to top of page
You shall defend and indemnify Fishwithme, its affiliates, and any of its third-party providers, vendors, and distributors, and the officers, directors, employees and agents of any of the foregoing, from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by third-parties as a result of your use of this Web site, the Services, or your breach of these Terms and Conditions.
9. Links.Go to top of page
The Services may contain links to other Web sites that are provided solely as a convenience to you and are not necessarily an endorsement by Fishwithme or its third-party providers, vendors, or distributors of the contents of such other Web sites. Neither Fishwithme nor any third-party provider, vendor, or distributor shall be responsible for the content of any other Web sites and they make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites or participate in any offers or programs via such Web sites, you do so at your own risk.
10. Notices.Go to top of page
All required notices shall be in writing and shall be delivered to the address notified by the parties to each other by a means evidenced by a delivery receipt, by facsimile, or by e-mail. Notice shall be deemed to have been given upon (i) personal delivery; (ii) the second business day after mailing; (iii) 48 hours after sending by confirmed facsimile; or (iv) 48 hours after sending by e-mail. Notices to Fishwithme shall be addressed to the attention of its President.
11. Relationship.Go to top of page
Your use of the Services is independent of Fishwithme and not as an employee, agent, partner, broker, or joint venturer with Fishwithme for any purpose.
12. Injunctive Relief.Go to top of page
Each party acknowledges that any violation by that party of its covenants in these Terms and Conditions (if any) relating to intellectual property rights, confidential or proprietary information, or trade secrets would result in damage to the other party that is largely intangible but nonetheless real, and that is incapable of complete remedy by an award of damages. Accordingly, any such violation shall give the other party the right to a court-ordered injunction or other appropriate order to specifically enforce those covenants. The party against whom any such injunction is entered agrees to pay to the other party any reasonable expenses, including but not limited to attorney's fees, incurred in obtaining such specific enforcement (in addition to any other relief to which the other party may be entitled).
13. Attorney's Fees.Go to top of page
In the event any action is brought to enforce any provision of these Terms and Conditions or to declare a breach of these Terms and Conditions, Fishwithme shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney's fees, incurred thereby.
14. Assignment; Binding Agreement.Go to top of page
You may not assign, subcontract, or delegate your rights, duties, or obligations under these Terms and Conditions or any license granted or created hereunder whether by operation of law, change of control, or in any other manner, without the prior written consent of Fishwithme. Subject to the foregoing, these Terms and Conditions shall bind and inure to the benefit of the parties, their affiliates, their respective successors and permitted assigns.
15. No Waiver.Go to top of page
No failure or delay by either party in exercising any right under these Terms and Conditions shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided to Fishwithme herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
16. Severability; Blue-Penciling.Go to top of page
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, the provision shall be changed by the court or interpreted so as best to accomplish the objectives of the original provisions to the fullest extent permitted by law, and the remaining provisions of these Terms and Conditions shall remain in effect, unless the modification or severance of any provision has a material adverse effect on a party, in which case such party may terminate any license granted hereunder by notice to the other party.
17. Survival.Go to top of page
The obligations of the parties under these Terms and Conditions that by their nature would continue beyond the termination, cancellation or expiration of the license(s) granted hereunder, shall survive termination, cancellation, or expiration of such license(s).
18. Choice of Law.Go to top of page
These Terms and Conditions shall be governed exclusively by, and construed exclusively in accordance with, the laws of the State of Illinois in the United States, without regarding to its conflict of laws provisions. These Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
19. Jurisdiction; Venue.Go to top of page
The federal courts of the United States in the Northern District of Illinois, Western Division, and the state courts of the State of Illinois in Winnebago County, Illinois, shall have exclusive jurisdiction and venue to enforce these Terms and Conditions or to otherwise adjudicate any dispute arising out of, or relating to, these Terms and Conditions and any license granted hereunder. Each party hereby consents to the jurisdiction of such courts and waives any right it may otherwise have to challenge the appropriateness of such forums, whether on the basis of the doctrine of forum non conveniens or otherwise.
20. Waiver of Jury Trial.Go to top of page
Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms and Conditions or any license granted hereunder.
21. Headings.Go to top of page
The section headings contained in these Terms and Conditions are for reference purposes only and shall not in any way control the meaning or interpretation of these Terms and Conditions.
22. Modification.Go to top of page
Fishwithme may amend this Agreement from time to time by posting an amended version at its website and sending Users written notice by email thereof. It is the User's responsibility to review these notices for any changes or modifications. Such amendment will be deemed accepted and become effective 30 days after such notice is posted (the "Proposed Amendment Date") unless User first gives Fishwithme written notice of rejection of the amendment. In the event of such rejection, this Agreement will terminate in accordance with Section 5, and User's account will be deleted. User's continued use of the Services following the effective date of an amendment will confirm User's consent thereto. This Agreement may not be amended in any way except through a written agreement by the Authorized Representatives of each party.
23. Additional or Different Terms.Go to top of page
Additional or different terms and conditions may apply to some Services for which your purchase of a subscription and your assent to such additional or different terms and conditions is required in order for you to access or use such Services. To the extent of any inconsistency between these Terms and Conditions and the Terms and Conditions for other Services, the additional terms and conditions set forth in the other Services' Terms and Conditions shall prevail.
24. Waiver of LiabilityGo to top of page
By clicking "I Accept", I (and, having obtained their agreement, on behalf of, any guests that accompany me) indicate my (our) desire to participate in a fishing expedition with the Expedition Operator listed above and Fishwithme.net Corp., an Illinois corporation (collectively, "Expedition Operator") for the fee that I have agreed to contribute toward the fishing expedition (the "Expedition"). To further induce the Expedition Operator to permit participation in its fishing expedition, I, and any guests that accompany me (My guests and I are collectively referred to herein in the first person), hereby represent, warrant, and agree to all of the following:
24.1 I hereby certify that I am at least 18 years of age.
24.2 I agree at all times to abide by the rules, regulations, policies, and procedures of the Expedition Operator regarding my participation in the Expedition
24.3 I understand that fishing expeditions involve physical exertion. I understand that I should consult my personal physician or other healthcare provider regarding whether I have any physical condition which might affect my ability to participate in the Expedition.
24.4 I understand that all fishing activities, including the type of activities in which I will be involved on the Expedition, involve a risk of injury or death. I understand that if I decide to participate in the Expedition, I do so entirely at my own risk.
24.5 On behalf of myself and my heirs, assigns, and legal representatives, I hereby agree that the Expedition Operator, its officers, employees, trustees, and agents, and any other participants of the Expedition shall not be liable for any injury to person (including death) or damage to property, which occurs, arises out of, or relates to:
1) my presence on and/or use of the Expedition Operator's premises and/or any of the Expedition Operator's vehicles, boats, or fishing craft used in the course of the Expedition;
2) any activities or actions in which I am involved as a result of my participation in the Expedition;
3) any equipment, uniforms, vehicles, boats, fishing craft and/or protective gear (collectively, "the Equipment"), whether or not furnished or recommended by the Expedition Operator, and including, but not limited to, claims that the Equipment was defective, was not maintained, was used improperly, and/or that the proper equipment was not used; and/or that the Equipment was not properly maintained or was defective in any way; and/or
4) any act or omission by any Expedition Operator, including any officer, employee or agent, or any other participants of the Expedition, whether negligent, intentional or otherwise. I hereby release and waive any claim that i might have for any of the aforesaid.
24.6 On behalf of myself and my heirs, assigns, and legal representatives, I hereby agree to defend, indemnify, and hold harmless the Expedition Operator, its officers, employees, trustees and agents, and any other participants of the Expedition, from and against any and all claims, demands, actions, losses, or causes of action whatsoever arising out of or related to any injury to person (including death) or damage to property which occurs, arises out of, or relates to:
1) my presence on and/or use of the Expedition Operator's premises and/or any of the Expedition Operator's vehicles, boats, or fishing craft used in the course of the Expedition;
2) any activities or actions in which I am involved as a result of my participation in the Expedition;
3) the Equipment, whether or not furnished or recommended by the Expedition Operator, and including, but not limited to, claims that the Equipment was defective, was not maintained, was used improperly, and/or that the proper equipment was not used; and/or that the Equipment was not properly maintained or was defective in any way; and/or
4) any act or omission by any Expedition Operator, including any officer, employee or agent, or any other participants of the Expedition.
24.7 In the event of a medical emergency which renders me unable to give consent to medical treatment, I hereby authorize any officer, employee or agent of the Expedition Operator or any other participants of the Expedition to secure and consent on my behalf to transportation and/or medical treatment by any licensed ambulance, physician, hospital, or other health care provider(s), and I agree that I shall be financially responsible for payment of any and all such medical transportation and/or treatment.
24.8 I agree that if I violate this Waiver of Liability by suing the Expedition Operator, including any officer, employee or agent, or any other participants of the Expedition, on account of a claim which has been waived hereunder, I will pay all costs and expenses of defending against the suit incurred by the Expedition Operator, including any officer, employee or agent, or any other participants of the Expedition, including reasonable attorneys' fees.
24.9 Whenever possible, each provision of this Waiver of Liability shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Waiver of Liability is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision or any other jurisdiction, but this Waiver of Liability shall be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein. The remedies provided herein are cumulative and not exclusive of any remedies provided by applicable law.
24.10 This Waiver of Liability and all disputes or controversies arising out of or relating to the Expedition or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal laws of the State of Illinois applicable to contracts made and to be performed therein.
24.11 I hereby waive any right to trial by jury with respect to any proceeding arising out of or relating to this waiver of liability or in the negotiation, administration, performance or enforcement thereof.
24.12 By signing this waiver of liability, I represent and agree giving up important rights;
(A) Have read this waiver of liabilty carefully
(b) Understands all of its terms and knows that i am
(c) Voluntarily consent to everything in it;
(d) Have been advised to consult with an attorney before executing this waiver of liability and has had an opportunity to do so;
(e) Have signed this waiver of liability knowingly and voluntarily, without fraud, duress, or undue influence and with the opportunity to seek the advice of counsel to advise the undersigned with respect to it; and
(f) Agree that the provisions of this waiver of liabilty may not be amended, waived, changed or modified except by an instrument in writing signed by the expedition operator and me.
24.13 The federal courts of the United States in the Northern District of Illinois, Western Division, and the state courts of the State of Illinois in Winnebago County, Illinois, shall have exclusive jurisdiction and venue to enforce this Waiver of Liability or to otherwise adjudicate any dispute arising out of, or relating to, this Waiver of Liabilty and any license granted hereunder. I hereby consent to the jurisdiction of such courts and waive any right I may otherwise have to challenge the appropriateness of such forums, whether on the basis of the doctrine of forum non conveniens or otherwise.
24.14 I understand that this document has legal consequences. I further agree that i have carefully read the above waiver of liability and know the contents of the waiver of liability and agree to its terms as an act of my own free will.
25. Uploading of ImagesGo to top of page
25.1 You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the FishWithMe.net website.
25.2 You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the FishWithMe.net website.
26. Entire Agreement.Go to top of page