General
FishingJacksonville.net (referred to here as "FishingJacksonville.net or FISHINGJACKSONVILLE.NET"),
the premier source for fishing related
information in Jacksonville, FL (together the "Site" or the "Service"). The Site offers a place
for forums for communication and provides details about local boat ramps, fishing spots, and fishing charters.
By accessing or using the Site as either a "Visitor" (which means that you simply
browse the Site) or as a "Member" (which means that you have registered with FishingJacksonville.net) or by "Posting" (which means that you use the Community section of the
Site) you (the "User") indicate that you have read, understand and agree to be bound
by these Terms of Use and agree to abide by all applicable laws ("Agreement"). FishingJacksonville.net reserves the right, at its sole discretion, to change, modify, add, or
delete portions of the Terms of Use at any time without further notice. If FishingJacksonville.net
does as such, it shall post the changes to these Terms of Use on this page and will
indicate at the top of this page the date in which these Terms of Use were last
updated. User's continued use of the Site after any such updates to these Terms
of Use are made signifies User's acceptance of the updated Terms of Use. It is the
responsibility of the User to regularly check the Site to determine if there have
been changes to these Terms of Use and to review any such changes. PLEASE READ THESE
TERMS OF USE CAREFULLY AND THROUGHLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE CERTAIN LIMITATIONS AND
EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
This Site is intended solely for Users who are thirteen (13) years of age and older.
Any registration to the Site by anyone under 13 is unauthorized and in violation
of these Terms of Use. By using this Service or Site, you represent and warrant
that you are 13 or older, that all information you submit is truthful and accurate,
that your use of the Site does not violate any applicable law or regulation and
that you agree to and to abide by all of the terms and conditions of this Agreement.
Member Information and Security
In consideration of User's use of the Site, User agrees to (a) provide accurate,
current and complete information about you as requested by any registration process/forms
("User Information"); (b) maintain and update User Information in a timely manner;
(c) maintain the security of your password and identification; and (d) be fully
responsible for all use of User's account and for any actions that take place using
User's account. User is entirely responsible for maintaining the confidentiality
of User's password.
Term
This Agreement will remain in full force and effect while User uses the Site. User
may terminate this Agreement at any time for any reason whatsoever. FishingJacksonville.net
also may terminate this Agreement at any time for any reason whatsoever and may
do so immediately with or without notice, and without liability and accordingly
deny User access to the Web Site, if in FishingJacksonville.net's sole discretion User fails
to comply with any term or provision of this Agreement. Upon any termination of
the Agreement by either User or FishingJacksonville.net, User must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such materials,
whether made under the terms of use or otherwise. Even after termination by either
the User or FishingJacksonville.net this Agreement will remain in full force and effect.
Proprietary Rights in Site Content
All content on the Site including all images, text, photographs, video, statistics,
information, applications, articles, icons, illustrations, designs, logos and other
material that are part of this Site (collectively, the "Content") are the proprietary
property of FishingJacksonville.net with all rights reserved. Site Content
cannot be modified, reproduced, copied, posted, transmitted, downloaded, republished
or sold in any form or by any means, in whole or in part, without the prior written
permission of FishingJacksonville.net. The foregoing does not include any Content posted legally
to the Site by the User.
Copyrights and Trademarks
Unless otherwise noted, all Content has copyrights, trademarks, trade dress and/or
other intellectual property owned, controlled or licensed by FishingJacksonville.net, on of
its affiliates or by third parties or Sponsors who have licensed their materials
to FishingJacksonville.net and is protected by U.S. and international copyright laws. The compilation
(meaning the collection, arrangement and assembly) of all Content on the Site is
the exclusive property of FishingJacksonville.net and is also protected by U.S. and international
copyright laws.
Copyright and Trademark Objection
FishingJacksonville.net respects the intellectual property rights of others and bar Site Users
from posting Content that would violate any third parties Copyright or trademark
rights. Upon receipt of any Copyright or Trademark infringement notification, FishingJacksonville.net
will immediately remove or block access to the allegedly infringed material.
If a User has repeated infringement complaints against them, FishingJacksonville.net, in its
sole discretion, may terminate that User's account.
User Content Posted and Responsibilities
User understands that the Community section of the Site is available for User's
personal, non-commercial use only. This Site may also include bulletin boards and
chat rooms, which allow feedback to FishingJacksonville.net and real-time interaction between
users, and other features such as personalized home pages and threaded discussion
areas, which allow users to communicate with others. FishingJacksonville.net does not control
the messages, information or files that others may provide through the Site. User
agrees and warrants that any Content posted by User will not violate any third party,
including copyright, trademark, privacy, publicity or other personal or proprietary
rights. Further, User agrees and warrants that User will not post Content that contains
libelous, defamatory or otherwise unlawful material. User is exclusively and solely
responsible for User's profile (meaning User's name, image and likeness), photos,
messages, music, video, text and any other Content that User upload, displays or
publishes (hereinafter "posts") on the Site. User is barred from posting unpermitted
material or Content not created by the User. FishingJacksonville.net may at any time delete
or remove, with or without notice, any Content posted by User, in its sole discretion,
for any reason whatsoever, including Content that FishingJacksonville.net deems to violate
this Agreement. User is solely and exclusively responsible for any and all cost
and/or expense for creating backup copies for User's Contented posted to the Site.
When User posts to any part of the Site User represents and warrants that User has
the right to grant to FishingJacksonville.net irrevocable, perpetual, non-exclusive, transferable,
fully paid, worldwide license (with the right to sublicense) to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part) and
distribute such Content for any purpose, commercial, advertising, or otherwise,
on or in connection with the Site or the promotion thereof, to prepare derivative
works of, or incorporate into other works, such Content, and to grant and authorize
sublicenses of the foregoing. User may remove Content at any time for any reason
whatsoever.
In addition User agrees not to use the Site to:
- Post Content that is patently offensive or is objectionable, deemed in the sole
judgment by FishingJacksonville.net or which restricts any other users' use of the Site or
which may expose FishingJacksonville.net or its users to any liability of any kind whatsoever;
- Solicit information from anyone who is under the age of eighteen (18)
- Post Content that contains nudity or excessive violence;
- Promote any unlawful act or violate the privacy rights, publicity rights, copyrights
or trademark rights of a third party;
- Post Content or otherwise make available information that is in any way threatening,
criminal, defamatory, infringing, hateful, racist, obscene or fraudulent;
- Gain access to another User's account or create a false identity;
- Intimidate or harass another;
- Transmit any sort of "junk mail," "chain letter," or unsolicited emails, instant
messages or "spam;"
- Post any sort of advertising or commercial activity and/or sales including but not
limited to pyramid schemes, sweepstakes or contests;
- Promote criminal activity and behavior or provide any type of information on how
to commit crimes including but not limited to violating someone's privacy, spreading
viruses or making or buying illegal weapons;
- Publicly post private information that would create a security risk for any person
including names, address, email address, Social Security numbers, credit card numbers
and phone numbers;
- Solicit passwords or personally identifying information for commercial or unlawful
purposed;
- Impersonate another person or misrepresent oneself;
- Upload any programs containing software viruses or any other computer code, files
or programs designed to destroy, disrupt or limit the functionality the Site;
- Use the Service to post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information of any
kind, including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or international law.
- Use the Service to post or transmit any information, software or other material
which violates or infringes upon the rights of others, including material which
is an invasion of privacy or publicity rights or which is protected by copyright,
trademark or other proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or right holder.
- Use the Service to post or transmit any information, software or other material,
which contains a virus or other harmful component.
- Use the Service to post, transmit or in any way exploit any information, software
or other material for commercial purposes, or which contains advertising
User understands that FishingJacksonville.net has no obligation to monitor any bulletin boards,
chat rooms or other areas of the Site through which users can supply information
or material. However, FishingJacksonville.net reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or governmental request,
or to refuse to post or to remove any information or materials, in whole or in part,
that in FishingJacksonville.net' sole discretion are objectionable or in violation of these
terms and conditions.
Use of Site
This Site and all its Contents are intended solely for personal, noncommercial use.
You may download or copy the Contents and other downloadable materials displayed
on the Site for your personal use only. No right, title or interest in any downloaded
materials or software is transferred to you as a result of any such downloading
or copying. You may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in any sale of
or exploit in any way, in whole or in part, any of the Contents, the Site or any
related software. All software used on this Site is the property of FishingJacksonville.net
or its suppliers and protected by U.S. and international copyright laws. The content
and software on this Site may be used only as a browsing resource. Any other use,
including the reproduction, modification, distribution, transmission, republication,
display or performance, of the content on this Site is strictly prohibited.
User comments, feedback, postcards and other submissions
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed,
submitted or offered to FishingJacksonville.net on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of this Site (collectively, the
"Comments") shall be and remain FishingJacksonville.net' property. Such disclosure, submission
or offer of any Comments shall constitute an assignment to FishingJacksonville.net of all worldwide
rights, titles and interests in all copyrights and other intellectual properties
in the Comments. Thus, FishingJacksonville.net will own exclusively all such rights, titles
and interests and shall not be limited in any way in its use, commercial or otherwise,
of any Comments. FishingJacksonville.net is and shall be under no obligation (1) to maintain
any Comments in confidence; (2) to pay to User any compensation for any Comments;
or (3) to respond to any user Comments. User agrees that no Comments submitted by
User to the Site will violate any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s). User further agrees
that no Comments submitted by User to the Site will be or contain libelous or otherwise
unlawful, abusive or obscene material. User is and shall remain solely responsible
for the content of any Comments User makes. FishingJacksonville.net welcomes User comments
regarding the FishingJacksonville.net Site. However, any comments, feedback, notes, messages,
ideas, suggestions or other communications (collectively, "Comments") submitted
by you shall be and remain the exclusive property of FishingJacksonville.net. Your submission
of any such Comments shall constitute an assignment to FishingJacksonville.net of all worldwide
rights, titles and interests in all copyrights and other intellectual property rights
in the Comments. FishingJacksonville.net will be entitled to use, reproduce, disclose, publish
and distribute any material User submits for any purpose whatsoever, without restriction
and without compensating User in any way. For this reason, we ask that you not send
us any comments that you do not wish to assign to us, including any confidential
information or any original creative materials such as stories, product ideas, computer
code or original artwork.
Indemnification
User agrees to defend, indemnify and hold FishingJacksonville.net harmless from and against
any and all claims, damages, costs and expenses, including attorneys' fees, arising
from or related to your use of the Site.
Governing Law, Venue and Jurisdiction
By User browsing or using the Site, User agrees that the laws of the State of Florida
will govern these Terms of Use and any dispute that arises between User and FishingJacksonville.net
and/or its affiliates. In regards to any dispute or claim User agrees not
to commence any action in connection herewith other than in the state and federal
courts of Florida, and User hereby consents to, and waives all defenses of lack
of personal jurisdiction with respect to venue and jurisdiction in the state and
federal courts of Florida.
Disclaimer
THIS SITE IS PROVIDED BY FISHINGJACKSONVILLE.NET ON AN "AS IS" BASIS. FISHINGJACKSONVILLE.NET MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THISÂ
SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FishingJacksonville.net DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FishingJacksonville.net WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WITHOUT LIMITING THE FOREGOING, FishingJacksonville.net DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY
TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL FishingJacksonville.net OR ANY OF ITS DEVELOPERS, OWNERS, EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, SPONSORS VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES
OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE
FISHINGJACKSONVILLE.NET WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES
TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA,
INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN
IF AN AUTHORIZED REPRESENTATIVE OF FISHINGJACKSONVILLE.NET HAS BEEN ADVISED OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB
SITE OR ANY CONTENT ON THE SITE, OR WITH THE FISHINGJACKSONVILLE.NET TERMS AND CONDITIONS,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FISHINGJACKSONVILLE.NET WEB SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE FISHINGJACKSONVILLE.NET WEB SITE, THAT YOUR USE OF THE
WEB SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY
SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART
OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY
REASON, THEN THE AGGREGATE LIABILITY OF FISHINGJACKSONVILLE.NET UNDER SUCH CIRCUMSTANCES FOR
LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED
DOLLARS ($100).