Terms and Conditions
PREMIUM SUBSCRIPTION SERVICE TERMS AND CONDITIONS
COPYRIGHT AND LIMITATIONS ON USE
All Fishtrack.com content is the property of Fishtrack and is protected by Copyright. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through Buoyweather.com to anyone without the express written consent of Fishtrack. You may not post any content from Fishtrack.com to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of Fishtrack.
OWNERSHIP OF MATERIALS
Except as otherwise noted, the information and/or software within and available through this website (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the "Materials") are the exclusive property of Fishtrack or its licensors. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Fishtrack's prior written permission. Except as expressly provided herein, Fishtrack grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our site in any manner other than that described in this agreement, please contact us.
As a Fishtrack account holder you may submit Content to the Service, including videos, photos and user comments. You understand that Fishtrack does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Fishtrack all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Fishtrack, you hereby grant Fishtrack a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Fishtrack's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in photo Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your photos from the Service. You understand and agree, however, that Fishtrack may retain, but not display, distribute, or perform, server copies of your photos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Fishtrack all of the license rights granted herein.
Fishtrack does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Fishtrack expressly disclaims any and all liability in connection with Content. Fishtrack does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Fishtrack will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Fishtrack reserves the right to remove Content without prior notice.
SINGLE COPY LICENSE
By offering this website, we grant you the permission to view using a browser. This means that you may download one (1) copy of the Materials on a single computer for your personal, non-commercial internal use only. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental; (b) de-compile, reverse engineer, or disassemble software materials; (c) remove any copyright notice or other proprietary notices from the Materials; (d) transfer the materials to another person. You agree to prevent any unauthorized copying of the Materials.
By using the Fishtrack service, you consent to receiving electronic communications from Fishtrack. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Fishtrack and you receive them as part of the Fishtrack free registration or Premium membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The marks and any designs associated with any marks on the website are trademarks and/or service marks of Fishtrack 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 same without the prior written permission of Fishtrack, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners.
LINKING AND FRAMING
You may link to our home page (at www.fishtrack.com) provided that any such link does not imply any sponsorship of your site by Fishtrack, but if you wish to link to material contained at other levels within the site, please contact us at customerservice@Fishtrack.com for permission to do so. You may not frame or otherwise incorporate into any other website or service any of the Materials without the prior written permission of Fishtrack. If you are interested in permission to frame our content or in exploring a partnership arrangement, please contact us.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. FISHTRACK IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS, AND AGREE THAT IF YOU RELY ON THE MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL FISHTRACK (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR ANY HYPERLINKED WEBSITE, EVEN IF FISHTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FISHTRACK DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FISHTRACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS OR THE MATERIALS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BUOYWEATHER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
No Unlawful or Prohibited Use As a condition of your use of this site, you warrant to Fishrack that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
This agreement is effective until terminated by Fishtrack, at any time without notice. In the event of termination, you are no longer authorized to access this site and the restrictions imposed on you with respect to the Materials as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
This site is created and controlled by Fishtrack, Inc. The laws of the State of California will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws. The exclusive jurisdiction of any dispute arising out of or related to these Terms and Conditions or your use of the site or the Materials shall be the appropriate state or Federal court in Orange County, California. Any rights not expressly granted herein are reserved. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of Fishtrack to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above stated rules represent the entire understanding between each user of the Fishtrack website, regarding each user's relationship with Fishtrack and supersedes any prior statements or representations.
Fishtrack welcomes your feedback. If you have questions or comments about our policies, feel free to contact us, or call Fishtrack Customer Service directly -- 1-800-229-7873.