|FinTalk Fishing Terms and Conditions
Fintalk Forum & Site Terms and Conditions
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1. ACCEPTANCE OF TERMS
Welcome to Fintalk.com, which provides its services to you subject to the following terms of service ("TOS"). If you visit Fintalk.com or use any of its features, you accept these conditions, so please read them carefully. We reserve the right, at our discretion, to update or revise these TOS; please check this TOS periodically for changes. In addition, when using particular features at Fintalk.com, you shall be subject to any posted guidelines or rules applicable to such features which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Fin Talk currently provides users with access to a comprehensive and broad collection of online fishing resources, including directories of fishing and hunting related retailers, manufacturers, guides and services, message boards and classified advertising, through its website (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Fin Talk to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Fin Talk content or property, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Fin Talk assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. MEMBER ACCOUNT AND PASSWORDS
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fin Talk of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. At times Fintalk will as part of member services send you email as part of Fintalk's mass emailings or newletters. Fintalk will not use these emails as or for solicitation or as spam. Fintalk will not ever give your email to third party persons or entities. Should you wish to terminate your account please send in in writing by email to email@example.com and you will be removed from the member database within 5 days. Fin Talk cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
4. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Fin Talk, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Fin Talk does not control all the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Fin Talk be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
- A. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- B. harm minors in any way;
- C. which violates or infringes upon the rights of any other person or entity;
- D. which is unsuitable for minors (persons under 18 years of age);
- E. impersonate any person or entity, including, but not limited to, a Fin Talk official, forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- F. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- G.which adversely affects the performance or availability of this site or its features;
- H. which contains any virus, worm, cancelbot, harmful component or corrupted data; or
- I. which, without the approval of FinTalk.com, contains any advertising, promotion or solicitation of goods or services for commercial purposes.
- J. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- K. collect or store personal data about other users.
- L. You acknowledge that FinTalk.com may, but shall not be required to, edit or review for accuracy or appropriateness any content within this site.
5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Fin Talk does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Fin Talk the following world-wide, royalty free and non-exclusive license(s), as applicable:
· With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Fin Talk removes such Content from the Service.
· With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Fin Talk network of properties that are intended by Fin Talk to be available to the general public. By way of example, publicly accessible areas of the Service would include Fin Forum Message Boards and portions of Fin Talk Clubs and Fin Talk Groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Fin Talk Clubs and Fin Talk Groups that are limited to members, Fin Talk services intended for private communication such as Fin Talk Private Messages, or areas off of the Fin Talk network of properties.
You agree to indemnify and hold Fin Talk, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree that Fin Talk, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Fin Talk believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Fin Talk may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Fin Talk may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Fin Talk shall not be liable to you or any third-party for any termination of your access to the Service.
8. ADVERTISERS AND YOU
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Fin Talk shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fin Talk has no control over such sites and resources, you acknowledge and agree that Fin Talk is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fin Talk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. FIN TALK'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Fin Talk or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Fin Talk grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Fin Talk for use in accessing the Service.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIN TALK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- B. FIN TALK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIN TALK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIN TALK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIN TALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. TRADEMARK INFORMATION
Fin Talk, the Fin Talk logo, the design, Fin-Forum, Fin Gals, the Fin Report, and other Fin Talk logos and product and service names are trademarks of Fin Talk LLC. (the "Fin Talk Marks"). Without Fin Talk's prior permission, you agree not to display or use in any manner, the Fin Talk Marks.
14. COPYRIGHT INFRINGEMENT By posting software or other content to this site, you warrant to us (and we rely on this warranty) that such items are known to you to be free shareware or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work. We undertake no duty to determine the validity of any claim of copyright. Upon receiving written notice at ADMIN@Fintalk.com that any item posted on this site is believed to infringe a copyright or other proprietary right, we will remove said work and will not permit its re-posting. We make no warranty as to the currency, operability, or fitness for any particular purpose of any shareware software posted to this site, and will assume no liability for any losses or damages alleged to arise from use of or reliance on such software. We undertake no duty to determine the currency, operability, or fitness for any particular purpose of any shareware software posted to this site.
Any dispute relating in any way to your use of this site shall be submitted to confidential arbitration in Virginia Beach, Virginia except that, to the extent you have in any manner violated or threatened to violate Fintalks' intellectual property rights, Fintalk may seek injunctive or other appropriate relief in any State or Federal court within the State of Virginia, and you hereby expressly submit to exclusive jurisdiction and venue in such courts. Arbitration under the TOS shall be conducted under the rules then prevailing of the American Arbitration Association. The Arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this agreement. By visiting Fintalk, you agree that the laws of the State of Virginia, without regard to principles of conflict of laws, will govern these TOS and any dispute of any sort that might arise between you and Fintalk or its affiliates. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising from use of the site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Fin Talk and govern your use of the Service, superceding any prior agreements between you and Fin Talk. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Fin Talk shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and Fin Talk agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Talbot, Maryland. The failure of Fin Talk to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
17 REPORT MISCONDUCT
Please use our contact form to report TOS violations
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