We may change, add or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Service and by continuing to use the Service you agree to any changes. The date on which these Terms were last modified is set forth at the end of these Terms.
These Services are controlled and operated by FishTrack from its offices within the United States of America. FishTrack makes no representation that materials in the service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.
As is further explained below, you should be aware that the material that appears on our Services are for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. We are not responsible for, and do not guarantee the performance of, goods and services provided by any of our advertisers or by any third party to whose website we link. The links on all our digital products and Services are designed for convenience only, and do not constitute an endorsement by FishTrack of that site or company, or any product, service or other material offered on that site or by that company.
Except as otherwise set forth in these Terms, as between you and FishTrack, all intellectual property rights in and to the Services, including without limitation all copyrights, trademarks, images, website design elements, text, graphics, logos, buttons, icons, Materials, other content, the presentation, selection and arrangement thereof, and all software is the intellectual property of and belongs solely to FishTrack. No rights or interest in or to any of the foregoing are transferred or granted to you pursuant to this Agreement, except as follows: FishTrack hereby grants you a revocable, non-transferable, non-sublicensable, limited license to access and use the Services, and the Material and Content therein, solely for personal and non-commercial purposes, in the method and manner approved by FishTrack from time-to-time subject to these Terms and all other applicable policies, requirements, and agreements from FishTrack or its licensors. You are not permitted to transfer, publish, or otherwise make available to any third party any Material (including without limitation Material downloaded or otherwise accessible or received from FishTrack) without FishTrack's prior written consent.
You are solely responsible for, and FishTrack will have no obligation with respect to, the software and services you use to access the Services and all costs and expenses related thereto, including without limitation any operating systems, web browsers, media players, codecs, internet connections, and other software or hardware. You will not access or use the Services in a way which violates any agreement or terms and conditions between you and any third party.
By accessing, using, or subscribing to any Service, including without limitation FishTrack Premium, you affirm that: (a) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live); or (b) that your parent or guardian has reviewed this Agreement and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. You represent and warrant to FishTrack that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with these Terms.
As part of the Service, FishTrack offers a subscription ("FishTrack Premium") that entitles you to added benefits, such benefits chosen and defined by FishTrack and subject to change at any time and in FishTrack's sole discretion. Should you subscribe to FishTrack Premium, your subscription, which may start with a free trial, will continue at the specified time-period (currently monthly or annually) and automatically renew unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted payment method (as such may be updated from time to time, "Payment Method") to subscribe to FishTrack Premium. We will bill all fees and charges in connection with your username and password to your Payment Method. ALL FEES AND CHARGES ARE NONREFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. If there are monthly fees for your subscription, these fees will be billed automatically to your Payment Method at the start of the monthly period and will auto-renew each month until your subscription is terminated. If there are annual fees for your subscription, FishTrack will bill at whatever subscription rate is in effect at that time at the start of the annual period, automatically to your Payment Method and will auto-renew each year until your subscription is terminated. You agree to pay all fees incurred in connection with your user name and password for FishTrack Premium and you must cancel your subscription before it renews for the applicable time period in order to avoid billing of the next time period's subscription fees to your Payment Method. We reserve the right to adjust pricing for FishTrack Premium or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. You can cancel your subscription at any time by going to My Account and following the instructions for cancellation or contacting FishTrack Support at email@example.com.
Your subscription to FishTrack Premium may start with a free trial. The free trial period of your subscription lasts for the amount of time specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former subscribers only. FishTrack reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription and your subscription will automatically renew unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, visit the My Account page. We may authorize your Payment Method through various methods as soon as you register. We will continue to bill your Payment Method on a recurring basis for your subscription fee until you cancel. Should you cancel your subscription before the end of your free trial period, you may forego the remainder of such free trial period.
If you want to cancel your subscription, switch to a different Payment Method or if there is a change in your Payment Method details, or if you believe someone has accessed FishTrack Premium using your user name and password without your authorization, please contact FishTrack immediately at firstname.lastname@example.org.
You agree to pay for all charges and fees incurred on the Apple ID that you are signed-in on your device while using the FishTrack iOS application. All fees and charges are nonrefundable and will be charged to the iTunes Store at the time of purchase. Monthly and annual subscriptions automatically renew unless the subscription is turned off through the iTunes Store at least 24 hours before the end of the current subscription period. Subscriptions and auto-renewals may be managed by the user in the iTunes Account Settings after purchase is made. If there are monthly fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process at the start of the monthly period, and will auto-renew each month until your subscription is terminated. If there are annual fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process at the start of the annual period, and will auto-renew each year until your subscription is terminated.
This Agreement is personal to you, and you may not assign your usage rights to anyone or share your FishTrack Account with anyone. Through providing the necessary information, such as email address and password, during the sign-up process, you create an account ("FishTrack Account"). Each FishTrack Account that has been entitled to FishTrack Premium, either through paying the associated fee or through direct entitlement from FishTrack, is limited to access by only one user. All usernames, passwords, and other credentials ("Credentials") used in connection with the Services shall be the sole property of FishTrack, and FishTrack may disable access or use of such Credentials at any time in accordance with this Agreement. You are responsible for the security of your Account and the Credentials and will immediately notify FishTrack of any unauthorized access or use thereof. You cannot share your user name, password or other Credentials with anyone, unless otherwise agreed to by FishTrack. THE NUMBER OF DEVICES THROUGH WHICH YOU MAY ACCESS YOUR ACCOUNT IS LIMITED AND MAY CHANGE FROM TIME TO TIME AT OUR DISCRETION. FishTrack may, at any time in its sole discretion, discontinue or change: the Services, including without limitation FishTrack Premium; any Content, Materials, features, functions, data, information, or software offered or available through the Services or from FishTrack; or the availability of the Services, without notice to you. You may cancel your subscription at any time. The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the "Content") accessible on or available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our prior written consent, you may not use, sell, copy, reproduce, create derivative works from, publish, distribute, re-transmit or otherwise provide access to the Content received through the Services to anyone.
Except as otherwise noted, the information and/or software within and available through FishTrack (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 accessed, 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 Services in any manner other than that described in this agreement, please contact us at email@example.com.
As a FishTrack account holder you may, or any other account holder at FishTrack may, submit content ("User Content") to the Service, including without limitation videos, photos, and user comments. You understand that FishTrack does not guarantee any confidentiality with respect to any User Content you submit.
You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit and license such User Content as set forth herein; and you license to FishTrack all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Service pursuant to these Terms.
For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to FishTrack, you grant FishTrack an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and FishTrack's (and its successors' and affiliates') business, including without limitation for promoting, selling, and redistributing part or all of the Service or User Content (and derivative works thereof) in any formats and through any channels. You also hereby grant each user of the Service an irrevocable, non-exclusive, royalty free license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. The above licenses granted by you are perpetual and irrevocable.
You further agree that User 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 User 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 User Content. FishTrack does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and FishTrack will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. FishTrack further does not permit User Content that contains any defamatory, libelous, pornographic, defamatory, offensive, or otherwise unlawful or immoral content; hate speech; illegal material; exploits minors; depicts unlawful or violent acts; violates our content guidelines, which we may update at our sole discretion; or depicts animal cruelty or violence towards animals. FishTrack reserves the right to remove User Content and any associated Account without prior notice.
FishTrack or its vendors or licensors may provide certain Services (including without limitation contests, giveaways, micropages, and the Local Photos Service) subject to additional applicable terms and conditions, which will: (a) be posted or accessible on the applicable Service website or application; or (b) be set forth in a separate section of these Terms. These Terms are supplemental to any Service specific terms and conditions provided by FishTrack. In the event of a conflict between these Terms and Service specific terms and conditions, the Service specific terms and conditions will control with respect to the applicable Service while these Terms will control with respect to all other Services.
You agree to maintain on file with FishTrack a valid email address and regularly (and at least daily) monitor such email address for any communication from FishTrack.
The marks and any designs associated with any marks on FishTrack's website or otherwise in the Services are trademarks and/or service marks of FishTrack or its licensors. As between you and FishTrack, FishTrack retains all rights, interests, and ownership in and to all such trademarks and service marks, and no rights or interest in or to such trademarks or services marks shall be transferred or provided to you. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same by you or any third party, 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 and no right in or to the foregoing shall be transferred to you.
From time to time, we, our advertisers, Suppliers or other parties may conduct promotions and other activities on, through or in connection with one or more the Services, including, without limitation, contests and sweepstakes (collectively, "Promotions"). In some case, you may be able to win a prize ("Prize") as part of a Promotion. Each Promotion will have additional terms and/or rules or eligibility requirements which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law. By participating in any Promotion, you agree to be bound by all such additional terms and rules and eligibility requirements in addition to these Terms.
You agree to defend, indemnify and hold harmless FishTrack, its subsidiaries, affiliates, licensors, directors, officers, employees, agents, third party information providers, customers, users, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees and expert witness fees) arising out of or related to: your conduct; your use or inability to use the Service; your breach or alleged breach of these Terms or of any representation or warranty contained herein; your unauthorized use of FishTrack Content; any User Content you provide or which is otherwise submitted using your Account, including without limitation the use, submission, sale, upload, or provision of any image, logo, photograph, or other User Content which infringes on any third party's intellectual property right or other right; your violation of, or failure to obtain, any license with a third party with respect to any User Content; your fraud, misrepresentation, negligence, or misconduct; or any other action or omission by you which violates or results in the actual or alleged violation of any third party's rights.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THESE SERVICES AND THE INTERNET GENERALLY, FISHTRACK IS PROVIDING THE SERVICES AND ALL CONTENTS, MATERIALS, INFORMATION, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. FISHTRACK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, CONTENTS, MATERIALS, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS AND FISHTRACK WITH HAVE NO RESPONSIBILITY OR OBLIGATION RELATED THERETO. FISHTRACK MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR ANY MATERIALS, INFORMATION, CONTENT, OR USER CONTENT WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE.
IN NO EVENT SHALL FISHTRACK (INCLUDING ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, OR REPUTATIONAL DAMAGE) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY FISHTRACK OR ANY THIRD PARTY, EVEN IF FISHTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 FISHTRACK IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITH RESPECT TO THE THIRD PARTY SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY, FISHTRACK SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST FISHTRACK RELATED TO OR ARISING OUT OF SUCH THIRD PARTY SERVICES AND OTHER PRODUCTS AND SERVICES PROVIDED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER FROM SUCH THIRD PARTY DIRECTLY.
WITH RESPECT TO YOUR OR ANY OTHER PERSONS USER CONTENT OR UPLOADED MATERIALS, FISHTRACK SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST FISHTRACK RELATED TO OR ARISING OUT OF ANY SUCH USER CONTENT OR OTHER UPLOADED MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER DIRECTLY FROM THE USER PROVIDING SUCH USER CONTENT OR UPLOADING SUCH MATERIALS.
UNDER NO CIRCUMSTANCES SHALL FISHTRACK OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, INFRINGEMENT, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT FROM: THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT; ANY INFORMATION OR DATA IN THE SERVICES BEING INACCURATE, INCOMPLETE, FALSE, MISLEADING, INFRINGING, OR OTHERWISE DAMAGING IN ANY MANNER; OR ANY USER CONTENT, PHOTOGRAPHS, MATERIALS, OR OTHER DATA PROVIDED BY ANY CUSTOMER OR USER OF FISHTRACK OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FISHTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE EXTENT FISHTRACK HAS ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY FISHTRACK OR ANY THIRD PARTY, FISHTRACK'S MAXIMUM TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE LESSER OF (A) THE FEES PAID BY YOU TO FISHTRACK FOR ACCESS TO OR USE OF THE SERVICES OVER THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
As a condition of your use of FishTrack's website, Services, or other products and services, you agree you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
FishTrack reserves the right, but has no obligation, to release new or updated versions of the Services, or otherwise modify or discontinue any Service or portion thereof, at any time and in its sole discretion. Such modifications may include, or disable, certain features, functionality, or content. To the extent you make any suggestions, submit ideas, provide comments or feedback, or otherwise recommend or identify any actual or potential new service or any modification or improvement to a Service to FishTrack (collectively "Feedback"), you: (a) represent and warranty to FishTrack that the Feedback and all content therein belongs solely to you and does not infringe on the intellectual property rights or other proprietary interests of any third party; (b) upon sending such Feedback you grant to FishTrack an irrevocable, worldwide, royalty free, transferable license to the Feedback and all ideas, concepts, and other intellectual property therein; (c) you will have no right or interest in or to any development, software, product, Service, feature, function, or other development by FishTrack which incorporates all or any portion of the Feedback.
These Terms are effective until terminated by FishTrack. FishTrack may terminate its license provided hereunder (in whole or in part), your Account, or your right to access, use, or participate in the Services, at any time without notice in FishTrack's sole discretion. The license granted to you by FishTrack under this Agreement with respect to any Material shall be immediately and automatically revoked for such Material upon the earliest of: (a) FishTrack's removal of such Material from its website or any other Service; (b) termination of your Account; or (c) notice from FishTrack of such termination. In the event of termination, you are no longer authorized to access this site, you must immediately securely delete or destroy any Materials that were downloaded or otherwise retained by you, and the following will survive such termination and remain binding upon you: the restrictions imposed on you with respect to the Materials, the disclaimers and limitations of liabilities set forth in these Terms, and your indemnification obligations. In the event of the termination or revocation of the license provided to you hereunder, you must immediately return to FishTrack and securely delete or destroy any Materials in your possession that were subject to such license. Upon any cancellation or termination of these Terms, your Account, or your access or use of the Services for any reason, FishTrack will have no obligation to retain or provide to you copies of any User Content or other data or information in your Account, stored by FishTrack, or otherwise uploaded to the Services.
These Services are created and controlled by Surfline\Wavetrak, Inc or its licensors. The laws of the State of California will govern all terms, conditions and disclaimers on these Services, without giving effect to any principles of conflicts of laws. You and FishTrack agree that, except as otherwise explicitly set forth herein, all claims, controversies, and disputes arising out of or relating to these Terms, Service specific terms or conditions, the Services, Content, Materials, User Content, or otherwise which are not resolved by negotiation between the parties shall be submitted to binding arbitration in Orange County, California, before a single arbitrator in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service (JAMS). Notwithstanding the foregoing, the following claims, actions, and disputes will not be subject to arbitration and may be brought in permitted state and federal courts: actions by FishTrack seeking injunctive relief or specific performance; actions regarding the applicability of, enforcement of, or recovery of losses or damages pursuant to any indemnification obligations; and actions brought by FishTrack to collect unpaid fees. To the extent any claim is permitted outside of arbitration, the exclusive jurisdiction of any such claim or dispute shall be the appropriate state or federal court in Orange County, California. Each party hereby irrevocably waives any right to a trial by jury in connection herewith.
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 will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. These terms, along with any Service specific terms and conditions, represent the entire understanding between you and FishTrack and supersedes any prior agreements, statements, or representations in any manner or form.
FishTrack welcomes your feedback. If you have questions or comments about our policies, feel free to contact FishTrack Support directly at firstname.lastname@example.org.
These Terms were last updated on June 19th, 2020.