BountyFishing.com is a service that allows Members to create unique personal profiles online in order to find and communicate with Anglers from across the Globe, to have their catches ranked, and to award prizes ("Bounty") for the highest ranked fish. The services offered by BountyFishing include the BountyFishing.com website and any other features, content, or applications offered from time to time by BountyFishing in connection with the BountyFishing Website (collectively, the "BountyFishing Services"). The BountyFishing Services are hosted in the United States of America.
BountyFishing may modify this Agreement from time to time and such modification shall be effective upon posting by BountyFishing on the BountyFishing Website. You agree to be bound to any changes to this Agreement when you use the BountyFishing Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on the BountyFishing website and that you provide to other Users. Your BountyFishing profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other BountyFishing Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BountyFishing assumes no responsibility or liability for this material. If you become aware of misuse of the BountyFishing Services by any person, please contact BountyFishing or click on the "Report Objectionable Content" link at the bottom of any BountyFishing.com page.
BountyFishing reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the BountyFishing Services at any time, for any or no reason, with or without prior notice, and without liability.
Use of and Membership in the BountyFishing Services is void where prohibited. By using the BountyFishing Services, you represent and warrant that:
This Agreement shall remain in full force and effect while you use the BountyFishing Services or are a Member. BountyFishing may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
3.0 Login and Password
When you sign up to become a Member, you will also be asked to choose a login and password. You are entirely responsible for maintaining the confidentiality of your login and password. You agree not to use the login or password of another Member at any time or to disclose your login or password to any third party. You agree to notify BountyFishing immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4.0 Proprietary Rights in Content on BountyFishing
4.1 The BountyFishing Website and the BountyFishing Services contain or include a variety of text, files, images, photos, video, sounds, musical works, works of authorship, and other, similar materials (collectively, "Content"). By displaying or posting Content on or through the BountyFishing Website, hereby grant to BountyFishing a perpetual, exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content for any and all commercial uses as BountyFishing may deem appropriate.
The license you grant to BountyFishing is perpetual (it lasts forever), exclusive (meaning you may not license use of the Content to anyone else and may not use, modify, display, reproduce or distribute it yourself for anything other than personal, noncommercial purposes), fully-paid and royalty-free (meaning that BountyFishing is not required to pay you for the use of the Content), sublicensable (so that BountyFishing may grant its rights to the Content to others)) and worldwide.
4.2 You represent and warrant that:
4.3 The BountyFishing Services include Content created or posted by BountyFishing ("BountyFishing Content"). The BountyFishing Content is protected by copyright, trademark, patent, trade secret and other laws, and BountyFishing owns and retains all rights in the BountyFishing.com Content and the BountyFishing Services. BountyFishing.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BountyFishing Content (excluding any software code) and Content submitted by others solely for your personal use in connection with viewing the BountyFishing Website and using the BountyFishing Services. Except as expressly permitted in this Section 4, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content.
5.0 Content Posted
5.1 BountyFishing may delete any Content that in the sole judgment of BountyFishing violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. BountyFishing assumes no responsibility for monitoring the BountyFishing Services for inappropriate Content or conduct. If at any time BountyFishing chooses, in its sole discretion, to monitor the BountyFishing Services, BountyFishing nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
5.2 You are solely responsible for the Content that you post on or through any of the BountyFishing Services, and any material or information that you transmit to other Members and for your interactions with other Users. BountyFishing does not endorse and has no control over the Content posted by Users. Content is not necessarily reviewed by BountyFishing prior to posting and does not necessarily reflect the opinions or policies of BountyFishing. BountyFishing makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that Users transmit to other Users.
6.0 Content/Activity Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the BountyFishing Services. BountyFishing reserves the right to investigate and take appropriate legal action against anyone who, in BountyFishing’s sole discretion, violates this provision, including without limitation, removing the offending communication from the BountyFishing Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BountyFishing.com:
The following is a partial list of the kind of activity that is illegal or prohibited on the BountyFishing Website and through your use of the BountyFishing Services. BountyFishing reserves the right to investigate and take appropriate legal action against anyone who, in BountyFishing’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
7.0 Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BountyFishing to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to BountyFishing by the copyright owner or the copyright owner’s legal agent.
8.0 Member Disputes
You are solely responsible for your interactions with other BountyFishing Members. BountyFishing reserves the right, but has no obligation, to monitor disputes between you and other Members.
BountyFishing is not responsible for any incorrect or inaccurate Content posted on the BountyFishing Website or in connection with the BountyFishing Services, whether caused by Users of the BountyFishing Services or by any of the equipment or programming associated with or utilized in the BountyFishing Services. Profiles created and posted by Members on the BountyFishing Website may contain links to other websites. BountyfIshing is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BountyFishing. Inclusion of any linked website on the BountyFishing Services does not imply approval or endorsement of the linked website by BountyFishing. When you access these third-party sites, you do so at your own risk. BountyFishing takes no responsibility for third party advertisements which are posted on this BountyFishing Website or through the BountyFishing Services, nor does it take any responsibility for the goods or services provided by its advertisers. BountyFishing is not responsible for the conduct, whether online or offline, of any User of the BountyFishing Services. BountyFishing assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BountyFishing is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BountyFishing Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the BountyFishing Services. Under no circumstances shall BountyFishing be responsible for any loss or damage, including personal injury or death, resulting from use of the BountyFishing Services, attendance at a BountyFishing event, from any Content posted on or through the BountyFishing Services, or from the conduct of any Users of the BountyFishing Services, whether online or offline. The BountyFishing Services are provided "AS-IS" and as available and BountyFishing expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BountyFishing cannot guarantee and does not promise any specific results from use of the BountyFishing Services.
11.0 Limitation on Liability
IN NO EVENT SHALL BOUNTYFISHING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BOUNTYFISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOUNTYFISHING’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BOUNTYFISHING FOR THE BOUNTYFISHING SERVICES DURING THE TERM OF MEMBERSHIP.
If there is any dispute about or involving the BountyFishing Services, you agree that the dispute shall be governed by the laws of the Province of Quebec, Canada.
You agree to indemnify and hold BountyFishing, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the BountyFishing Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the BountyFishing Website or through the BountyFishing Services causes BountyFishing.com to be liable to another.
14.0 Refund Policy
In the event that a BountyFishing event is cancelled, your ticket is automatically good for another tournament outing within the following 3 months from the date of the original outing. In the event that the member cannot participate in a tournament outing in the timeframe outlined above, the member can request a refund in writing within 30 days of the cancelled outing.
15.0 Refund Procedure
Email us at email@example.com with your name and the date that you were unable to compete as well as the detailed problem. BountyFishing will refund the fee actually paid by you for that outing (s), provided BountyFishing determines in its sole and absolute discretion that you have been unable to participate in said tournament due to BountyFishing’s responsibility. We will normally respond in 48 hours with details.
16.0 Customer Service:
BountyFishing is committed to helping our members. If you are looking for information about BountyFishing or to answer your most common questions, please try our list of frequently asked questions (FAQ) or email us at firstname.lastname@example.org. For all other inquiries you can reach us at 514-733-4758.
This Agreement is accepted upon your use of the BountyFishing Website or any of the BountyFishing Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BountyFishing regarding the use of the BountyFishing Services. The failure of BountyFishing to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BountyFishing is a trademark of BountyFishing, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.